THESE TERMS AND CONDITIONS OF USE (THE "TERMS") SET FORTH THE TERMS AND CONDITIONS ON WHICH ADOPTION RESOURCES OF WISCONSIN AND ITS AFFILIATES PROVIDE YOU ACCESS TO WWW.WIFOSTERCAREANDADOPTION.ORG, THE FOSTER CARE AND ADOPTION RESOURCE CENTER, AND OUR SERVICES.
YOU AGREE TO READ THE TERMS CAREFULLY BEFORE USING THIS WEBSITE.
BY CLICKING ON THE "I ACCEPT" BUTTON BELOW AND USING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ABIDE BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE WIFOSTERCAREANDADOPTION.ORG.
1. Eligibility for Use. The Foster Care and Adoption Resource Center may refuse its services to anyone at any time in the FCARC's sole and absolute discretion. It is imperative that prospective members accurately and truthfully describe the nature of their primary business in registering to use WIFOSTERCAREANDADOPTION.ORG.
2. Your Content. You represent and warrant that any content provided by you to the Foster Care and Adoption Resource Center (i) shall not be fraudulent; (ii) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy; (iii) shall not violate any law, statute, ordinance, or regulation; and (iv) shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing.
3. System Integrity. You agree that you may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Foster Care and Adoption Resource Center. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
4. Ownership of The Sites and Information Contained Herein. The Sites are owned and operated by the Foster Care and Adoption Resource Center. All information, including, without limitation, text, graphics, web pages, URLs, domain names, software and all HTML, CGI and other codes and scripts in any format used to implement the Sites ("Content") are the property of the FCARC or its licensors. The Content on this website is for personal use only. You may not copy, modify, upload, download, transmit, (re)publish, or otherwise distribute any Content from this website except as expressly permitted by the Terms. Doing so will violate the Adoption Resource of Wisconsin’s copyright, trademark, and other proprietary rights. United States Copyright Law, Trademark Law and applicable international treaties and conventions governing intellectual property law protect all Content on the website. Any and all trademarks and trade names that FCARC uses in connection with and on WIFOSTERCAREANDADOPTION.ORG shall remain the exclusive property of FCARC. Nothing contained in the terms and conditions shall be deemed to give you any rights in or to any trademarks of FCARC or its licensors. You retain ownership of any Content provided by you for display on the Sites, including, without limitation, text, logs, marks, or images ("Your Content"), but you hereby agree to provide FCARC a revocable, nontransferable, worldwide, and royalty-free license to use, copy, license, sublicense, adapt, distribute, publicly perform, display, reproduce, transmit, modify, edit, and otherwise exploit Your Content in all media now known or hereafter developed, in connection with the operation, marketing, display, or promotion of the Sites, unless otherwise agreed in writing between you and FCARC.
5. Information on the Sites. THE FOSTER CARE AND ADOPTION RESOURCE CENTER DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITES. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, STATEMENT, ADVICE, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ARW reserves the right to correct any errors or omissions in any portion of the Sites. FCARC does not and cannot review all materials and information posted to the Sites by members, users, and visitors, and FCARC is not responsible for any such materials and information. However, FCARC 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 the ARW's sole discretion are objectionable or in violation of this Agreement.
6. Links to Third-Party Sites. The links on WIFOSTERCAREANDADOPTION.ORG will allow you to leave the Sites. Any third-party sites to which WIFOSTERCAREANDADOPTION.ORG may link are not under FCARC's control, and FCARC 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, FCARC does not intend links contained on WIFOSTERCAREANDADOPTION.ORG 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.
7. No Warranty. THE ACCURACY AND RELIABILITY OF THE CONTENT ON WIFOSTERCAREANDADOPTION.ORG IS NOT GUARANTEED. THE CONTENT FROM OR THROUGH WIFOSTERCAREANDADOPTION.ORG 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. ARW AND ITS LICENSORS ASSUME NO LIABILITY FOR ANY ERRORS, BUGS, VIRUSES, OMISSIONS, OR OTHER PROBLEMS WITH THE CONTENT ON WIFOSTERCAREANDADOPTION.ORG. TO THE FULLEST EXTENT OF THE LAW, ARW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE CONTENT ON WIFOSTERCAREANDADOPTION.ORG OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED OR ACCESSED THROUGH WIFOSTERCAREANDADOPTION.ORG, FOR SERVICES OR HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH WIFOSTERCAREANDADOPTION.ORG OR ANY FURTHER LINKED SITE. ARW DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO WIFOSTERCAREANDADOPTION.ORG, AND OPERATION OF WIFOSTERCAREANDADOPTION.ORG MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF ARW'S CONTROL.
8. Limitation of Liability. IN NO EVENT IS FCARC 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 WIFOSTERCAREANDADOPTION.ORG, EVEN IF FCARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU HEREBY WAIVE ANY SUCH CLAIMS AGAINST FCARC, ITS LICENSORS AND VENDORS AND RELEASE ARW, 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. ARW 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.
9. Indemnity. You agree to indemnify, defend and hold harmless FCARC 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 FCARC 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 WIFOSTERCAREANDADOPTION.ORG.
10. Privacy. FCARC 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 WIFOSTERCAREANDADOPTION.ORG.
11. General. The Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict of laws provisions. You and FCARC 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 Maryland. Except as expressly stated herein, the Terms represent the entire understanding between you and FCARC with respect to WIFOSTERCAREANDADOPTION.ORG.
12. Notices. Except as explicitly stated otherwise, any notices shall be given by email to (in the case of the FCARC) or to the email address you provide to FCARC 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 FCARC 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 FCARC during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
13. Restrictions on Use of WIFOSTERCAREANDADOPTION.ORG. Some Content on WIFOSTERCAREANDADOPTION.ORG may be subject to United States Export Controls. No Content from WIFOSTERCAREANDADOPTION.ORG may be downloaded or otherwise exported or re-exported in violation of the Export Control Act. By downloading the Content from the Sites, you represent and warrant that you are not located in or a national or resident of any such country.
14. Amendments to the Terms. FCARC reserves the right to change, suspend or discontinue any aspect of WIFOSTERCAREANDADOPTION.ORG at any time, including the availability of any features, database, or Content, and will provide reasonable notice of such changes on WIFOSTERCAREANDADOPTION.ORG. FCARCmay also impose limits on features or restrict access to parts of WIFOSTERCAREANDADOPTION.ORG. The Terms may be amended at any time by posting amended terms on WIFOSTERCAREANDADOPTION.ORG. The amended terms shall be effective immediately upon posting to WIFOSTERCAREANDADOPTION.ORG.
15. Breach. FCARC may terminate user access or suspend any user's access to all or part of WIFOSTERCAREANDADOPTION.ORG without notice for any conduct that FCARC, in its sole discretion, believes violates any applicable law or is harmful to FCARC, or if such party is found to have engaged in fraudulent activity in connection with WIFOSTERCAREANDADOPTION.ORG.
16. No Agency. You and FCARC 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.
