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WEBSITE TERMS, CONDITIONS OF USE AND PRIVACY POLICY

Thank you for visiting the Michigan Adoption Resource Exchange (“MARE” or “Site”). MARE is a program of the Judson Center and is funded by the Michigan Department of Health and Human Services (“MDHHS” or “Department”). Your use of the Site forms a binding agreement between you and MDHHS to comply with and be bound by the following Website Terms, Conditions of Use and Privacy Policy (“Terms”). Please read the Terms carefully and do not use MARE unless you understand and agree with all of them. MDHHS reserves the right to modify any Terms or policy relating to the use of MARE at any time, without notice, and in its sole discretion. You should review the Terms from time to time. If at any time you do not agree to the Terms or any posted revisions, you must not use MARE. Your continued use of MARE constitutes your acceptance of the Terms as posted.

UNLAWFUL PURPOSES AND OFFENSIVE BEHAVIORS STRICTLY PROHIBITED

You agree that you will not use the Site, any information or content found on the site, or any services related to the Site for any unlawful purpose including, but not limited to the following:

  • The posting or transmission of any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
  • The posting or transmission of any comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments.
  • The posting or transmission of any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary mark without first obtaining permission from the owner or right holder.
  • The posting or transmission of any information, software, or other material which contains a virus or other harmful component.
  • The posting or transmission of content that encourages or provides instruction regarding illegal activities, including hacking.
  • Any engagement in disruptive online activities, including without limitation the excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms, or Trojan horses.
  • The posting, transmission or exploitation of any information, software, or other material for advertising or commercial purposes.
  • The solicitation of others to join, become members of, or contribute money to any online service or other organization.
  • Advocating or attempting to get others to join in legal or illegal schemes or plans or to participate in scams involving other users.
  • The impersonation, falsification or misrepresentation of any person, entity or affiliation.
  • The restriction or prohibition of any other user’s use and enjoyment of the site.

MDHHS shall have sole and absolute discretion to determine whether any use is a violation of this provision.

RIGHT TO MAKE CHANGES

At its sole discretion and without notice or liability, MDHHS may discontinue, edit, delete or change any aspect of the Site, including, but not limited to: restricting availability times, restricting compatibility with certain computer software or hardware, restricting amounts of use permitted, and restricting, suspending or terminating any user’s right to use the Site. You agree that MDHHS shall not be liable to you or to any third party for terminating your access to the Site and that your obligations under the Terms of this agreement are intended to and shall survive any such termination of access.

USE OF CONTENT FROM THE SITE

Unless otherwise indicated, MDHHS or the Judson Center own all content on the Site, including, without limitation all copyrights, trademarks, service marks, designs, texts, graphics, layout, logos, pictures, audio/video clips, information or data (collectively, “Content”). All Content owned by MDHHS or the Judson Center is protected by U.S. and international copyright, trademark and other intellectual property laws. Except as provided by these Terms or by contract, content from the Site may not be used commercially, resold, redistributed, reproduced, displayed, republished, digitized, translated, modified, publicly displayed, performed or used without express, written permission from MDHHS, the Judson Center or MARE.

Permissive uses include the sharing of unaltered content, including images or videos, for the sole purpose of helping a listed child find an adoptive family within the confines of or as permitted by Michigan law.

Except as may otherwise be allowed by law, the viewing, printing, or downloading of any Content, graphic, form, or document from MARE grants you only a limited, nonexclusive license for use solely by you for your own personal, legally permissible use. You agree to keep any proprietary notices intact and to otherwise abide by the prohibitions against unlawful or offensive uses contained in this agreement. This provision does not confer any of MDHHS’s or the Judson Center’s intellectual property rights.

THIRD PARTY CONTENT

MARE may provide links, materials, communications or other content from sites maintained by third parties (“Third Party Content”). Third Party Content is provided for informational purposes only and its provision is not to be construed as an endorsement or recommendation. MDHHS MAKES NO WARRANTIES OF ANY KIND RESPECTING THE USE OF THIRD PARTY CONTENT, PRODUCT SOR SERVICES, NOR DOES IT ASSUME ANY respecting the use of Third Party Content, products or services, nor do they assume any liability with regard to your use of these materials or offerings. Your use of Third Party Content, products or services is AT YOUR OWN RISK and subject to the terms and conditions of the owner of such content. UNDER NO CIRCUMSTANCES WILL MDHHS BE LIABLE FOR ANY DAMAGES ARISING UNDER TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY.

INDEMNITY

You agree to defend, indemnify, and hold harmless MDHHS, the State of Michigan, their affiliates, commissioners, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or related to your access to or use of MARE.

GOVERNING LAW AND JURISDICTION

The Terms and use of MARE are governed by and construed in accordance with Michigan law. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the state and federal courts in the State of Michigan over any action relating to the Terms and use of MARE.

ENTIRE AGREEMENT

These Terms constitute the entire understanding and agreement between you and MDHHS with respect to the use of MARE.

SEVERABILITY

If any provision of the Terms is deemed unlawful, void or for any reason unenforceable, then such provision is deemed severed from the Terms and shall not affect the validity or enforceability of any remaining provisions.

WAIVER

No waiver of any Term shall be deemed a further or continuing waiver of that Term nor of any other Term or condition.

AVAILABLE REMEDIES AND RIGHTS RESERVED

MDHHS reserves the right to seek any remedy available at law or equity for violations of the Terms of this agreement. All rights not expressly granted by these Terms are reserved.

PRIVACY POLICY

Maintaining the privacy of your personal information is important to MDHHS. MDHHS, the Judson Center and/or MARE may collect and maintain personal information from the Site. By visiting the Site you consent to the practices described in this Privacy Policy (“Privacy Policy”). The Privacy Policy does not apply to any third party and third party websites may have their own privacy policies. Neither MDHHS, the Judson Center nor MARE assumes any liability for how third parties may collect and/or use your personal information.

INFORMATION MARE COLLECTS

MARE receives and manages information for children who are awaiting adoption, families approved for adoption, and prospective adoptive families. This and other demographic data, including data provided by you, such as your name, street address, email address and telephone number, may be used by MDHHS, the Judson Center and/or MARE to communicate with you about issues concerning MARE, including without limitation, sharing information about upcoming events. Any information collected by MARE may be used for the purposes of facilitating quality recruitment, data management, securing placements, and establishing permanency for Michigan’s waiting children. MARE may also collect technical data from visitors to the Site, including but not limited to IP addresses and domain names in order to track the number frequency of visits MARE receives to its Site. MARE may also identify any external links that bring you to the Site. This technical data will not be associated with any personally identifiable information unless a security intrusion or other unlawful activity is detected on the Site. Any information collected and maintained by MARE will be stored in a secure environment and will not be misused.

INFORMATION SHARED WITH THIRD PARTIES

MDHHS, the Judson Center and/or MARE may share aggregated information about visitors to the Site, which will show visitor activity without identifying particular, individual users.

COOKIES

The Site may use cookies (small text files transferred to the computer you are using to browse the Site) to enhance your experience while visiting the Site. You can refuse to accept cookies and still use the Site, but some portions of the Site may not function properly without cookies.

SECURITY

MDHHS maintains control of any names, mailing addresses, telephone numbers, or email addresses submitted by users of the Site. Access to submitted names, mailing addresses, telephone numbers, email addresses or other personally identifying information is restricted to MDHHS employees and authorized third parties, including the Judson Center and its employees or affiliates. Both MDHHS and the Judson Center employ protocols to protect personally identifying information against loss, theft, unauthorized use, disclosure, or modification. These protocols are monitored regularly and as needed to ensure their continued effectiveness.

INFORMATION FROM CHILDREN UNDER THE AGE OF 13

Children under the age of 13 are not eligible to use services that require submission of personal information on MARE and should not submit any personal information in connection with the use of MARE. If MDHHS decides to begin collecting information from children under the age of 13, it will seek verifiable parental consent before doing so.

FEEDBACK AND MATERIALS

Questions, comments, suggestions, materials or other communications regarding MARE or any MDHHS program (collectively, “Feedback”) sent to MDHHS via any medium shall be deemed non-confidential and become the sole property of MDHHS. You hereby assign all rights in the Feedback to MDHHS. MDHHS shall have no obligations of any kind relating to the Feedback. Without limiting the foregoing, MDHHS shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation, acknowledgement or compensation to you. You expressly waive any moral rights you may have in the feedback.

QUESTIONS

If you have any questions regarding the Privacy Policy please contact MDHHS’s legal office at 235 South Grand Avenue, Suite 206, Lansing, MI 48909; telephone number (517) 373-2082.