Please read the following Terms and Conditions of Use carefully before using this web site because they are binding on you.
These Term and Conditions of Use are collectively referred to in the following material as this "Agreement". Any access to and use of Adoption Council of Canada’s web site titled Canada's Waiting Children and located at www.canadaswaitingkids.ca (the "Site"), including any services or information on the web site, collectively or individually, is subject to this Agreement and is offered to you on the condition that users accept the Terms and Conditions of Use. By accessing, copying, or otherwise using the Site, you agree to be bound by this Agreement. If you do not accept the Terms and Conditions of Use stated here, you should immediately discontinue any use of the Site. Please also note that as these Terms and Conditions of Use may change from time to time and as it is your responsibility to check for such updates, you should visit these pages periodically to review them. The last revision date for these Terms and Conditions is May 1, 2016.
By using this Site you represent and warrant that you are at least 18 years of age or the age required under applicable law for entering contracts.
The continued use of the Site following the posting of any changes will constitute your acceptance of the changes. The Adoption Council of Canada (“ACC”) also reserves the right to terminate this Site without notice and at its sole discretion.
Reserved Rights and Grant of Limited License
Copyright©2001 Adoption Council of Canada. All rights reserved. The ACC is either the exclusive owner or the licensee of all applicable rights, including copyright, in the information displayed on the Site, including all text, graphics, software, images, icons, logos, audio clips, digital downloads, data compilations and the selection and arrangement of the contents of the Site (collectively the "Information"). For greater certainty, the Information does not include links to and content displayed on third party sites.
Certain words, phrases, names, designs or logos used on the Site may constitute trade-marks of the ACC. All other trade-marks not owned by the ACC that appear on the Site are the property of their respective owners. [Trade-marks may be designated by either the superscript ® or ™] If we or any third party that owns a trade-mark used on this Site, didn't expressly give you written permission to use the mark, then you do not have any license or right to use it.
As a user of the Site, you are granted a limited non-exclusive license to use (display or print) short extracts of the Information for your own personal (i.e. non-public), non-commercial use only, provided: (a) such Information is not modified; (b) you shall fully be responsible for any consequences or claims resulting from such use; and (c) you provide attribution to ACC in the form displayed at the top of this section.
None of the Information may be otherwise copied, modified, uploaded, posted, transmitted, reproduced, republished or re-disseminated in any manner or form without the prior written consent of the ACC and all title, ownership rights and intellectual property rights in all Information that is made available for downloading from this Site shall remain in the ACC and/or its licensors. In particular, the use of any of the Information on any other web site or in a networked computer environment for any purpose is prohibited. As the Information is protected by copyright, trade-mark and other domestic laws and international treaties, unauthorized use of the Information, in addition to constituting a breach of this Agreement, may violate such laws and treaties. If you wish to reproduce or distribute Information on the Site for purposes other than those non-commercial specified uses provided herein, you must obtain the written permission of the ACC. To request such permission, send an e-mail to:firstname.lastname@example.org. Include your name, address, and a description of the purpose of your intended distribution and the Information you would like to distribute.
You agree not to use the Site for any unlawful purpose or for any purpose that is prohibited by this Agreement. In particular, you agree not to impersonate any person in your use of the Site or the sending of any e-mail to an address listed on the Site. If you violate any of these terms, your permission to use the Information automatically terminates and you must immediately destroy any copies you have made of the Information and in such circumstances, ACC reserves the right to pursue all legal remedies to which it is entitled without further notice to you.
You agree to defend, indemnify and hold harmless the ACC and its officers, directors, employees, consultants and agents from and against any claims, suits, proceedings, losses, liabilities, costs, expenses, damages, actions or demands, including without limitation reasonable legal and accounting fees, which may be suffered or incurred by ACC or any of the foregoing, arising out of or as a result of or relating in any manner whatsoever to your use or misuse of any of the Information or the Site or your breach of this Agreement.
The Information on the Site is provided for information purposes only. As the Information is not intended to provide legal or other advice you should not act or rely on any Information at the Site without seeking the appropriate professional advice. While all Information provided on the Site is believed to be reliable when posted, the ACC does not guarantee the quality, accuracy, completeness or timeliness of the Information provided. For example, Information contained on the Site may contain typographical errors. Changes are made periodically to the Site and may be made at any time without notice; however, the ACC assumes no obligation to update the Information. Where Information is based on content provided by third parties, such as adoption agencies, the ACC is not responsible for the content provided by these third parties. In addition, in the event that you subsequently are in placed in contact with an adoption agency you will receive additional information which will supplement the Information available on the Site. Please note that the final decision on placement of a child is made by the child's agency in consultation with the family's agency or social worker. The ACC is not involved in this decision.
The ACC makes no representation or warranty of any kind whether statutory, express or implied (either in fact or by operation of law). To the maximum extent permitted by applicable law, access to this Site is provided on an "AS IS" and "AS AVAILABLE" basis and the ACC expressly disclaims all warranties, representations and conditions regarding use of the Site or the Information provided, including without limitation all warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, lack of viruses, accuracy or completeness, results, lack of negligence, and those arising from a course of dealing, usage or trade practice. You should not assume that the Site will meet your requirements, or that any part of the Site will be error free or secure or that the Site will operate without interruption. In particular, you acknowledge that there may be interruptions in service due to inherent limitations of the Internet, system upgrades, system maintenance and system configuration and that the ACC assumes no liability for any loss, damage or expense from interruptions in service due to any of the foregoing factors. ACC undertakes no obligation to update, amend, or clarify the site.
While every effort is made to ensure that all Information provided at the Site does not contain computer viruses, the ACC does not warrant that the Site and its server(s) are free of computer viruses and other harmful material and you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
The ACC is not responsible for any content or Information that you may find undesirable or objectionable. The ACC makes no claim or statement that the Information is appropriate or may be downloaded outside of Canada. Access to the Information may not be legal by certain persons or in certain countries. If you access the Site from outside of Canada, you do so at your own risk and agree that your use of the Site shall not violate any applicable law(s) or regulation(s).
We will not obtain information that will allow us to personally identify you when you visit our Site, unless you choose to provide such information to us. For example, personal information such as your name, e-mail address, mailing address, phone number and gender will be obtained as a result of the photolisting password registration process and the Family Information Form completion process. Similarly, when comments or inquiries are e-mailed to us, we store the message content and the e-mail address information so we can respond electronically.
We do use the following information you provide when you visit the Site:
- the domain name from which you accessed the Internet - the date and time you accessed our Site - the Internet address of the web site from which you linked to our Site - the type of browser you use
The above-noted information is used to measure the number of visitors to various sections of our Site and to help us make the Site more useful to visitors.
The ACC does not publicly identify the identity or particulars relating to individuals who access, send questions or comments to our Site unless we believe in good faith that the law requires it. The ACC will also disclose personal information in order to protect its rights or property. Additionally, as noted elsewhere on our Site, the ACC will refer an expression of interest in the form of the completed and executed Family Information Form to the relevant agencies.
The ACC reserves the right to terminate your access to all or part of the Site without notice.
The Site may contain links to third party sites. These links are provided solely as references to help you identify and locate other Internet resources that may be of interest and not as an endorsement by the ACC of the content of such third party sites. The ACC is not responsible for the content of linked third party Sites and does not make any representations or warranties regarding the content or accuracy of materials on such third party Sites or regarding the privacy practices of such Sites. We recommend that you review the privacy policies of linked sites prior to using them. In providing links to other sites, the ACC is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over such sites. A link to another site should not construed to mean that the ACC is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
You may provide hyperlinks to this Site provided: (a) you notify us, you may send an e-mail to: email@example.com to do this; (b) you do not remove or obscure, by framing or otherwise, the advertising, trade-marks, copyright notice or other notices on this Site; and (c).you discontinue providing hyperlinks to this Site if notified by the ACC.
Notwithstanding anything else in this Agreement, under no circumstances and under no theory, whether the action is in contract, tort (including negligence), under a statute or is otherwise framed shall the ACC, its officers, directors, employees, consultants or agents be liable to you or any other person for any direct, indirect, special, exemplary, incidental, punitive, or consequential damages of any kind arising out of or in connection with the use or inability to use the Site or in reliance on the Information available on the Site including, without limitation, loss of use, software, files or data and including any losses, claims, damages, expenses, liabilities or costs (including legal or other fees) resulting directly or indirectly out of or otherwise arising in connection with any claim that your use of any of the Information or the Site infringes the copyright, patent, trade mark, trade secret, confidentiality, privacy, or other industrial or intellectual property right or contractual right of any third party or any claim for personal injury, or failure to meet any duty including good faith or of reasonable care, negligence, and any other pecuniary or other loss whatsoever, even if any of the foregoing parties shall have been informed of the possibility of such damages.
Choice of Law
This Site is based in Ottawa, Ontario, Canada. By visiting this Site you: (a) agree that this Agreement is to be governed by and construed in accordance with the laws of the province of Ontario, without respect to the conflict of laws principles of that Province; and (b) consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in the event of any action or proceeding instituted under or related to this Agreement. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this section.
Any provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability and shall be severed from the balance of this Agreement, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. A waiver of any default, breach or non-compliance under this Agreement is not effective unless in writing and signed by the party to be bound by the waiver. No waiver shall be inferred from or implied by any failure to act or delay in acting by a party in respect of any default, breach, non-observance or by anything done or omitted to be done by another party. No waiver of any term of this Agreement shall be deemed further or a continuing waiver of such term or any other term. This Agreement constitutes the entire agreement between you and the ACC with respect to the use of the Site and the Information. Any changes to this Agreement must be made in writing, signed by an authorized representative of the ACC. No party shall be liable for any delay or failure to perform under this Agreement if such delay or failure is due to any contingency beyond its reasonable control including acts of God, war, explosion, fire, flood or civil disturbance.
If you have questions or comments about these Terms and Conditions, we welcome you to contact us at: firstname.lastname@example.org
The Adoption Council of Canada
Call Toll-free: 1-888-54-ADOPT (1-888-542-3678)
E-mail us: email@example.com
Our mailing address:
The Adoption Council of Canada
2249 Carling Avenue, Suite 416
© Adoption Council of Canada 2016. ALL RIGHTS RESERVED