Elevati, LLC d/b/a Parent Profiles (collectively "Parent Profiles"), provides online services that allow adoptive parents ("Adoptive Parents") to create an online profile. Birthparents can view these profiles to aid them in selecting Adoptive Parents. Parent Profiles does not match Birthparents with Adoptive Parents and is not, nor does it seek to be, an adoption facilitator, a licensed adoption agency or a law firm.
Parent Profiles offers no representations or warranties regarding the truthfulness of any of the information presented by the visitors or members of its digital properties. Parent Profiles conducts no background investigations whatsoever on the self-described Birthparents or Adoptive Parents who use this service.
Adoptive Parents can create a custom profile on Parent Profiles to be viewed by prospective Birthparents by selecting from a number of different service plans. In order to qualify for participation in Parent Profiles services, Adoptive Parents must:
- Retain the services of a qualified adoption agency, attorney, or other appropriately licensed adoption professional. If you are looking for an adoption professional, we suggest that you visit http://directory.adoption.com.
- Complete a home study prepared by an agency or caseworker licensed to perform this function under the laws of the state in which the Adoptive Parents reside, and which includes a recommendation that they are qualified to adopt a child.
- Complete all other pre-adoption legal requirements imposed on prospective Adoptive Parents under the laws of the state in which they reside, so that Birthparents will know in advance that they will be capable of successfully completing an adoption plan.
C. PAYMENT TERMS
Adoptive Parents that utilize Parent Profile's services agree to pre-pay Parent Profiles the appropriate designated fee for its services, as determined by the service plan selected. Adoptive Parent's service plan will be automatically renewed, according to the terms of the service plan selected until they elect to terminate their participation in Parent Profile's services. Adoptive Parents may choose to change their level of service, or stop any or all services, for any reason, at no risk of penalty or fines, at any time. Should services be terminated with Parent Profiles prior to the expiration of any pre-paid service period, Adoptive Parents will not be entitled to any refund.
Adoptive Parents agree to pay Parent Profiles its fee, as set forth above. If the payment fails, the Adoptive Parent's account may be paused, downgraded, or suspended until successful payment is submitted.
- Provide Service: Parent Profiles will provide services according to the service plan selected by the Adoptive Parents, which the Adoptive Parents may freely change from time to time without any restriction.
- Delivery of Services: Parent Profiles will use reasonable diligence in delivering its services to Adoptive Parents. In providing reasonable diligence in delivering services, it is agreed and understood by the parties that Parent Profiles may have reasonable and customary downtime without having to give reparations to Adoptive Parents.
- Content: Adoptive Parents agree to only provide their real names, truthful information about themselves, and original content. Adoptive Parents further agree that they will not post, provide, or otherwise use any content or take any action that infringes or violates someone else's rights or otherwise violates the laws. Adoptive Parents further agree not to post, provide, or otherwise use content that is not professional or tasteful in nature, as determined by Parent Profiles in its sole and absolute discretion.
- Ownership Rights: Parent Profiles shall hold all right, title, and interest in and to the work product resulting from this agreement. Specifically, but without limitation, Parent Profiles shall hold all right, title, and interest in and to (1) source code, including, but not limited to, all text, graphics, animation, audio components, and digital components associated with its services; (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 Parent Profile's services; (3) all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect Parent Profile's services; (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in its services, or any component or characteristic thereof; and (5) Parent Profiles shall hold all right, title, and interest in and to the complete list of designated search terms or 'keywords' used in providing services.
- Disputes and Resolutions: In consideration for the foregoing, and for all of Parent Profile's services under this agreement, Adoptive Parents shall compensate Parent Profiles as specified above. In the event of a dispute arising from utilization of Parent Profile's services, Parent Profiles reserves the right to pursue any and all of its rights, including terminating services, suspending services and/or collecting funds owed.
- Limited Warranty and Limitation on Damages: If Parent Profiles does not provide the services described above to Adoptive Parents, either:
a. Parent Profiles shall be responsible for reasonably providing the services necessary to complete this agreement, without unreasonable delay; or
b. Parent Profiles shall have the option to terminate the service agreement and issue a refund for any services which were not reasonably provided.
This warranty shall be the sole and exclusive warranty made by Parent Profiles, and all parties agree to be bound to these limitations on damages.
- No Guarantees: Adoptive Parents acknowledge that Parent Profiles is not responsible for the results obtained by them in connecting with Birthparents. Adoptive Parentswaive any and all claims for damages, direct or indirect, and agree that the sole and exclusive remedy for any and all damages (either in contract or tort) shall be those remedies set forth in section 7 above.
- Choice of Law: All parties unconditionally and irrevocably agree that in all claims, disputes, damages, causes of action or other legal matters between them, that the laws of the state of Idaho, and none other, shall apply, and that the sole and exclusive jurisdiction and venue over any and all related or resulting claims, disputes, damages or causes of action shall rest exclusively in Madison County, Idaho, and that each party to this agreement forever waives and abandons every other right or claim relating to jurisdiction, venue or choice of law that they may have.
- Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Madison County, Rexburg, Idaho. Idaho law shall apply. The prevailing party in any such arbitration shall be entitled to recover their reasonable attorney's fees and related costs and expenses. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Binding Effect: This Agreement shall be binding upon all users of Parent Profiles and their respective successors and assigns.
- Parent Profiles is not owned by or through a subsidiary of an adoption agency or law practice.
- Parent Profiles conducts no background investigations whatsoever on either the hopeful Adoptive Parents that utilize Parent Profile's services, or the self-described Birthparents who may contact Adoptive Parents via Parent Profile's services.
- Parent Profiles does not and will not participate in any "Matching" Process. Parent Profiles prohibits the involvement of any of its employees, agents or other representatives in the process of "matching" Birthparents with Adoptive Parents.
- Parent Profiles does not guarantee that either Adoptive Parentsor Birthparents are who they say they are,that any information they provide is truthful or correct, that Adoptive Parents are eligible to adopt, or that Birthparents can or will place any child for adoption. As a condition precedent of using Parent Profiles, you agree that you will not rely on any information found on Parent Profiles or any information communicated to you by either Adoptive Parents or Birthparents through Parent Profiles. Parent Profiles strongly suggests that you seek competent professional counsel in the adoption process. Parent Profiles does not provide such services.