Website Terms of Use
Last Modified: January 25, 2021
Acceptance of the Terms of Use
These terms of use are entered into by and
between You and Adoptimize, LLC ("Company," "we,"
or "us"). The following terms and conditions, together with
any documents they expressly incorporate by reference (collectively, "Terms
of Use"), govern your access to and use of www.adoptimize.co,
including any content, functionality, and services offered on or through www.adoptimize.co (the "Website"),
whether as a guest or a registered user.
Please read the Terms of Use carefully
before you start to use the Website. By using the Website, you accept and
agree to be bound and abide by these Terms of Use and our Privacy Policy, found
at https://www.adoptimize.co/privacy-policy, incorporated herein by reference.
If you do not want to agree to these Terms of Use or the Privacy Policy, you
must not access or use the Website.
This Website is offered and available to
users who are 18 years of age or older. By using this Website, you represent
and warrant that you are of legal age to form a binding contract with the
Company and meet all of the foregoing eligibility requirements. If you do not
meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use
from time to time in our sole discretion. All changes are effective immediately
when we post them, and apply to all access to and use of the Website
thereafter. However, any changes to the dispute resolution provisions set out
in the State of California or the laws of the United States of America will not
apply to any disputes for which the parties have actual notice on or before the
date the change is posted on the Website.
Your continued use of the Website following
the posting of revised Terms of Use means that you accept and agree to the
changes. You are expected to check this page from time to time/frequently/each
time you access this Website so you are aware of any changes, as they are
binding on you.
Accessing the Website and Account
Security
We reserve the right to withdraw or amend
this Website, and any service or material we provide on the Website, in our
sole discretion without notice. We will not be liable if for any reason all or
any part of the Website is unavailable at any time or for any period. From time
to time, we may restrict access to some parts of the Website, or the entire
Website, to users, including registered users.
You are responsible for both:
·
Making all arrangements necessary for you to have access to the
Website.
·
Ensuring that all persons who access the Website through your
internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the
resources it offers, you may be asked to provide certain registration details
or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. You
agree that all information you provide to register with this Website or
otherwise, including, but not limited to, through the use of any interactive
features on the Website, is governed by our Privacy Policy https://www.adoptimize.co/privacy-policy,
and you consent to all actions we take with respect to your information
consistent with our Privacy Policy.
If you choose, or are provided with, a user
name, password, or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not
disclose it to any other person or entity. You also acknowledge that your
account is personal to you and agree not to provide any other person with
access to this Website or portions of it using your user name, password, or
other security information. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other breach
of security. You also agree to ensure that you exit from your account at the
end of each session. You should use particular caution when accessing your
account from a public or shared computer so that others are not able to view or
record your password or other personal information.
We have the right to disable any user name,
password, or other identifier, whether chosen by you or provided by us, at any
time in our sole discretion for any or no reason, including if, in our opinion,
you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents,
features, and functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the design, selection,
and arrangement thereof) are owned by the Company, its licensors, or other
providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret, and other intellectual property or
proprietary rights laws.
These Terms of Use permit you to use the
Website for your personal, non-commercial use only. You must not reproduce,
distribute, modify, create derivative works of, publicly display, publicly
perform, republish, download, store, or transmit any of the material on our
Website, except as follows:
·
Your computer may temporarily store copies of such materials in
RAM incidental to your accessing and viewing those materials.
·
You may store files that are automatically cached by your Web
browser for display enhancement purposes.
·
You may print or download one copy of a reasonable number of
pages of the Website for your own personal, non-commercial use and not for
further reproduction, publication, or distribution.
·
If we provide desktop, mobile, or other applications for
download, you may download a single copy to your computer or mobile device
solely for your own personal, non-commercial use, provided you agree to be
bound by our end user license agreement for such applications.
You must not:
·
Modify copies of any materials from this site.
·
Use any illustrations, photographs, video or audio sequences, or
any graphics separately from the accompanying text.
·
Delete or alter any copyright, trademark, or other proprietary
rights notices from copies of materials from this site.
You must not access or use for any
commercial purposes any part of the Website or any services or materials
available through the Website.
If you wish to make any use of material on
the Website other than that set out in this section, please address your
request to: Jessica.schleder@adoptimize.co.
If you print, copy, modify, download, or
otherwise use or provide any other person with access to any part of the
Website in breach of the Terms of Use, your right to use the Website will stop
immediately and you must, at our option, return or destroy any copies of the
materials you have made. No right, title, or interest in or to the Website or
any content on the Website is transferred to you, and all rights not expressly
granted are reserved by the Company. Any use of the Website not expressly
permitted by these Terms of Use is a breach of these Terms of Use and may
violate copyright, trademark, and other laws.
Trademarks
The Company name, the Company logo, and all
related names, logos, product and service names, designs, and slogans are
trademarks of the Company or its affiliates or licensors. You must not use such
marks without the prior written permission of the Company. All other names,
logos, product and service names, designs, and slogans on this Website are the
trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful
purposes and in accordance with these Terms of Use. You agree not to use the
Website:
·
In any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any laws
regarding the export of data or software to and from the US or other
countries).
·
For the purpose of exploiting, harming, or attempting to exploit
or harm minors in any way by exposing them to inappropriate content, asking for
personally identifiable information, or otherwise.
·
To send, knowingly receive, upload, download, use, or re-use any
material that does not comply with the Content Standards as set out in these
Terms of Use.
·
To transmit, or procure the sending of, any advertising or
promotional material without our prior written consent, including any
"junk mail," "chain letter," "spam," or any other
similar solicitation.
·
To impersonate or attempt to impersonate the Company, a Company
employee, another user, or any other person or entity (including, without
limitation, by using email addresses associated with any of the foregoing).
·
To engage in any other conduct that restricts or inhibits
anyone's use or enjoyment of the Website, or which, as determined by us, may
harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
·
Use the Website in any manner that could disable, overburden,
damage, or impair the site or interfere with any other party's use of the
Website, including their ability to engage in real time activities through the
Website.
·
Use any robot, spider, or other automatic device, process, or
means to access the Website for any purpose, including monitoring or copying
any of the material on the Website.
·
Use any manual process to monitor or copy any of the material on
the Website, or for any other purpose not expressly authorized in these Terms
of Use, without our prior written consent.
·
Use any device, software, or routine that interferes with the
proper working of the Website.
·
Introduce any viruses, Trojan horses, worms, logic bombs, or
other material that is malicious or technologically harmful.
·
Attempt to gain unauthorized access to, interfere with, damage,
or disrupt any parts of the Website, the server on which the Website is stored,
or any server, computer, or database connected to the Website.
·
Attack the Website via a denial-of-service attack or a
distributed denial-of-service attack.
·
Otherwise attempt to interfere with the proper working of the
Website.
User Contributions
The Website may contain message boards,
chat rooms, personal web pages or profiles, forums, bulletin boards, photo
upload and download services, and other interactive features (collectively,
"Interactive Services") that allow users to post, submit,
publish, display, or transmit to other users or other persons (hereinafter,
"post") content or materials (collectively, "User
Contributions") on or through the Website.
All User Contributions must comply with the
Content Standards set out in these Terms of Use.
Any User Contribution you post to the site
will be considered non-confidential and non-proprietary. By providing any User
Contribution on the Website, you grant us and our licensees, successors, and
assigns the right to use, reproduce, modify, perform, display, distribute, and
otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
·
You own or control all rights in and to the User Contributions
and have the right to grant the license granted above to us and our licensees,
successors, and assigns.
·
All of your User Contributions do and will comply with these
Terms of Use.
You understand and acknowledge that you are
responsible for any User Contributions you submit or contribute, and you, not
the Company, have full responsibility for such content, including its legality,
reliability, accuracy, and appropriateness.
We are not responsible or liable to any
third party for the content or accuracy of any User Contributions posted by you
or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
·
Remove or refuse to post any User Contributions for any or no
reason in our sole discretion.
·
Take any action with respect to any User Contribution that we
deem necessary or appropriate in our sole discretion, including if we believe
that such User Contribution violates the Terms of Use, including the Content
Standards, infringes any intellectual property right or other right of any
person or entity, threatens the personal safety of users of the Website or the
public, or could create liability for the Company.
·
Disclose your identity or other information about you to any
third party who claims that material posted by you violates their rights,
including their intellectual property rights or their right to privacy.
·
Take appropriate legal action, including without limitation,
referral to law enforcement, for any illegal or unauthorized use of the
Website.
·
Terminate or suspend your access to all or part of the Website
for any or no reason, including without limitation, any violation of these
Terms of Use.
Without limiting the foregoing, we have the
right to cooperate fully with any law enforcement authorities or court order
requesting or directing us to disclose the identity or other information of
anyone posting any materials on or through the Website. YOU WAIVE AND HOLD
HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM
ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING
PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH
PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to
review all material before it is posted on the Website, and cannot ensure
prompt removal of objectionable material after it has been posted. Accordingly,
we assume no liability for any action or inaction regarding transmissions,
communications, or content provided by any user or third party. We have no
liability or responsibility to anyone for performance or nonperformance of the
activities described in this section.
Content Standards
These content standards apply to any and
all User Contributions and use of Interactive Services. User Contributions must
in their entirety comply with all applicable federal, state, local, and
international laws and regulations. Without limiting the foregoing, User
Contributions must not:
·
Contain any material that is defamatory, obscene, indecent,
abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise
objectionable.
·
Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age.
·
Infringe any patent, trademark, trade secret, copyright, or other
intellectual property or other rights of any other person.
·
Violate the legal rights (including the rights of publicity and
privacy) of others or contain any material that could give rise to any civil or
criminal liability under applicable laws or regulations or that otherwise may
be in conflict with these Terms of Use and our Privacy Policy https://www.adoptimize.co/privacy-policy.
·
Be likely to deceive any person.
·
Promote any illegal activity, or advocate, promote, or assist any
unlawful act.
·
Cause annoyance, inconvenience, or needless anxiety or be likely
to upset, embarrass, alarm, or annoy any other person.
·
Impersonate any person, or misrepresent your identity or
affiliation with any person or organization.
·
Involve commercial activities or sales, such as contests,
sweepstakes, and other sales promotions, barter, or advertising.
·
Give the impression that they emanate from or are endorsed by us
or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions
violate your copyright, please send us a notice of copyright infringement at
jessica.schleder@adoptimize.co. It is the policy of the Company to terminate
the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the
Website is made available solely for general information purposes. We do not
warrant the accuracy, completeness, or usefulness of this information. Any
reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed on
such materials by you or any other visitor to the Website, or by anyone who may
be informed of any of its contents.
This Website may include content provided
by third parties, including materials provided by other users, bloggers, and
third-party licensors, syndicators, aggregators, and/or reporting services. All
statements and/or opinions expressed in these materials, and all articles and
responses to questions and other content, other than the content provided by
the Company, are solely the opinions and the responsibility of the person or
entity providing those materials. These materials do not necessarily reflect
the opinion of the Company. We are not responsible, or liable to you or any
third party, for the content or accuracy of any materials provided by any third
parties.
Changes to the Website
We may update the content on this Website
from time to time, but its content is not necessarily complete or up-to-date.
Any of the material on the Website may be out of date at any given time, and we
are under no obligation to update such material.
Information About You and Your Visits
to the Website
All information we collect on this Website
is subject to our Privacy Policy https://www.adoptimize.co/privacy-policy. By
using the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
Linking to the Website and Social
Media Features
You may link to our homepage, provided you
do so in a way that is fair and legal and does not damage our reputation or
take advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social
media features that enable you to:
·
Link from your own or certain third-party websites to certain
content on this Website.
·
Send emails or other communications with certain content, or
links to certain content, on this Website.
·
Cause limited portions of content on this Website to be displayed
or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they
are provided by us, solely with respect to the content they are displayed with,
and otherwise in accordance with any additional terms and conditions we provide
with respect to such features. Subject to the foregoing, you must not:
·
Establish a link from any website that is not owned by you.
·
Cause the Website or portions of it to be displayed on, or appear
to be displayed by, any other site, for example, framing, deep linking, or
in-line linking.
·
Link to any part of the Website other than the homepage.
·
Otherwise take any action with respect to the materials on this
Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or
on which you make certain content accessible, must comply in all respects with
the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing
any unauthorized framing or linking immediately to stop. We reserve the right
to withdraw linking permission without notice.
We may disable all or any social media
features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other
sites and resources provided by third parties, these links are provided for
your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over
the contents of those sites or resources, and accept no responsibility for them
or for any loss or damage that may arise from your use of them. If you decide
to access any of the third-party websites linked to this Website, you do so
entirely at your own risk and subject to the terms and conditions of use for
such websites.
Geographic Restrictions
The owner of the Website is based in the
State of California in the United States. We provide this Website for use only
by persons located in the United States. We make no claims that the Website or
any of its content is accessible or appropriate outside of the United States.
Access to the Website may not be legal by certain persons or in certain
countries. If you access the Website from outside the United States, you do so
on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not
guarantee or warrant that files available for downloading from the internet or
the Website will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for anti-virus protection and accuracy of data
input and output, and for maintaining a means external to our site for any
reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL
NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE
TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE
LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE
WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE
COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE
WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN
NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF
ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR
USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT
ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold
harmless the Company, its affiliates, licensors, and service providers, and its
and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, 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 Website, including, but not
limited to, your User Contributions, any use of the Website's content,
services, and products other than as expressly authorized in these Terms of
Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and
these Terms of Use, and any dispute or claim arising therefrom or related
thereto (in each case, including non-contractual disputes or claims), shall be
governed by and construed in accordance with the internal laws of the State of California
without giving effect to any choice or conflict of law provision or rule
(whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding
arising out of, or related to, these Terms of Use or the Website shall be
instituted exclusively in the federal courts of the United States or the courts
of the State of California and County of Los Angeles, although we retain the
right to bring any suit, action, or proceeding against you for breach of these
Terms of Use in your country of residence or any other relevant country. You
waive any and all objections to the exercise of jurisdiction over you by such
courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may
require You to submit any disputes arising from these Terms of Use or use of
the Website, including disputes arising from or concerning their
interpretation, violation, invalidity, non-performance, or termination, to
final and binding arbitration under the Rules of Arbitration of the American
Arbitration Association applying California law.
Waiver and Severability
No waiver by the Company of any term or
condition set out in these Terms of Use shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or condition,
and any failure of the Company to assert a right or provision under these Terms
of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is
held by a court or other tribunal of competent jurisdiction to be invalid,
illegal, or unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of the Terms
of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute
the sole and entire agreement between you and Adoptimize, LLC regarding the
Website and supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by Adoptimize, LLC.
All notices of copyright infringement
claims should be sent to the Jessica Schleder at jessica.schleder@adoptimize.co
agent designated in in this manner.
All other feedback, comments, requests for
technical support, and other communications relating to the Website should be
directed to: jessica.schleder@adoptimize.co.