EFFECTIVE September 15, 2022
These “Terms” apply to The Cradle, a non-profit, licensed child welfare, tax-exempt organization under the IRS code 501(c)(3) agency providing adoption and related services, located at 2049 Ridge Avenue, Evanston, IL 60201 (including The Cradle Society and The Cradle Foundation, collectively, “us,” “our” “we,” or “The Cradle”), and our website, www.cradle.org, where these Terms are posted (“Website”), whether accessed via personal computers, mobile devices or otherwise (collectively, (“Access Device”)).
CAREFULLY READ THESE TERMS BEFORE USING THE WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT THE CRADLE CERTAIN CONSENTS, RIGHTS AND LICENSES AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS. DO NOT USE THE WEBSITE OR SERVICES AVAILABLE VIA THE WEBSITE IF YOU DO NOT AGREE.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) displayed on this Website are the registered and/or unregistered Trademarks of The Cradle, or such other third party that may own the displayed Trademarks. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the written permission of The Cradle or such other third party that may own the displayed Trademarks
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or redistribution, nor may Content be modified, processed, or reposted to other websites. You understand and agree that we and/or our respective licensors own all right, title, and interest in and to the Website and Content. Access to and use of this Website and all Content are solely for your personal use, information, education and communication with The Cradle. No right, title or interest in any of the Content of this Website is transferred to you as a result of accessing, downloading, copying, printing or using of this Website. All rights not expressly granted to you by these Terms are reserved.
By submitting suggestions or other feedback regarding the Website or Content, you agree that we and our licensors may freely use and share (with no obligation to do so) such feedback for any purpose without compensation to you. You agree to only provide suggestions or feedback that do not violate the law or anyone’s rights (including, without limitation, intellectual property rights).
You may not circumvent, disable or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content. You may not reproduce, distribute, publicly display, publicly perform, create derivative works, publish, transmit Content or any element of the Website, except as permitted by these Terms.
You may not rely on any information and opinions expressed on the Website for any other purpose than permitted by these Terms. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
You are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Website or Content; or (l) to interfere with the proper working of the Website or to otherwise engage in any conduct that restricts or inhibits any other user or third party from using or enjoying the Website or Content. The Cradle reserves the right to terminate your account or otherwise deny you access to the Website in our sole discretion for any or no reason without notice and without liability.
In limited circumstances, we may permit third-party links to the Website home page from any website that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such website links, comply with all applicable laws. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms, The Cradle reserves the right to prohibit linking to the Website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Although third-party links may be posted on this Website, the posting of those links or associated content does not constitute The Cradle’s endorsement of such material. Similarly, although third-party products and services may be sold or purchased via links on this Website, the sale and purchase of those products and services does not constitute The Cradle’s endorsement of the same. The Cradle is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party websites, content, or products and services.
The websites and/or services associated with third-party links on this Website may be governed by different rules or located in different countries. Please review carefully the third party’s terms and conditions, policies and practices, and make sure you understand them before you engage in any such third-party transaction. Complaints, claims, concerns or questions regarding third-party products or services should be directed to the third party.
In order to access or use some (or potentially all) of the features of the Website, you may have to become a registered user. If you are under the age of thirteen (13), then you are not permitted to register as a user or otherwise submit personal information to The Cradle.
Under these Terms, you agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and Access Device; (e) promptly notify The Cradle if you discover or otherwise suspect any security breaches relating to your account or the Website at: firstname.lastname@example.org; (f) not sell, transfer or assign your username and password; and (g) accept sole responsibility for all activities that occur under your username and password, whether or not you have authorized the activity.
The Website may permit you to submit, upload, post, or otherwise provide your information (including your personal information), comments, inquiries, responses, suggestions, and/or other content of or pertaining to you or your use of the Website or Content (“User Content”). By submitting, uploading, posting, or otherwise providing any User content, you grant to The Cradle of a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, copy, modify, translate, reformat, create derivative works of, display, perform, publish, distribute, and otherwise act with respect to your User Content, including to provide and support the Website and Content, to conduct our business, and to verify correctness of registration and services eligibility requirements, alone or as part of other works, in any media now known or hereafter discovered. Without limiting the foregoing, we may freely use your personal information that you provide to us, such as your name, address, picture, voice, likeness and/or biographical information for compliance and promotional purposes, without additional compensation and without additional consent. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law under any legal theory.
The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. You represent and warrant that you own, or otherwise have all rights, permissions, and authorizations necessary to post and grant to The Cradle and our licensees the foregoing license and rights under, your User Content, and that such use by The Cradle will not infringe, misappropriate, or otherwise violate any copyright, trademark, right of privacy or publicity, or any other intellectual property or proprietary rights of any third party. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof at: email@example.com.
You are solely responsible for all of your User Content and for ensuring that it complies with these Terms and any applicable laws. By submitting or uploading your User Content, you accept sole liability and responsibility for any of your User Content that does not comply with these Terms and/or any applicable laws. Your User Content violates these Terms and is prohibited from the Website if it:
We have the right, but do not assume the obligation or responsibility, to review and monitor User Content, and to determine whether it complies with these Terms and applicable laws. In addition, we have the right, in our sole discretion and for any reason whatsoever, to edit, refuse to post, refuse to store, remove, or disable access to any User Content, including, without limitation, any User Content that constitutes, or is likely to constitute, an infringement, misappropriation, or other violation of any copyright, trademark, right of privacy or publicity, or any other intellectual property or proprietary rights of any third party. We assume no liability for any User Content that appears or is removed from the Website or elsewhere. We have no obligation to use any User Content and may not use it at all.
Any User Content of any kind submitted by you or any other user or third party is made by the respective author(s) or distributor(s) and not by The Cradle. Other users and third parties may submit or post User Content that is inaccurate, misleading, or deceptive. We do not endorse and are not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on any such User Content. User Content reflects the opinion of the person submitting it and may not reflect the opinion of The Cradle. Without limiting the foregoing, The Cradle specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Website, including, without limitation, any objectionable User Content.
For information on adoptive parent fees, please visit https://www.cradle.org/adoptive-parents/adoptive-parent-fees
Certain of our other programs and services (e.g., counseling appointments, support groups, special event registrations, etc.) may be subject to separate fees, which may be listed on our Website or otherwise notified to you. By registering, enrolling, or otherwise signing up for any of these programs or services, you agree to pay the full amount of the fees charged to you for such programs or services.
In addition, the Website may enable you to submit donations toward our adoption and child welfare programs and services (“Donations”). To submit a Donation, you may be required to provide certain information about yourself, including your first and last name, billing address, email address, phone number, credit card or other payment information, and other Donation information. When submitting a Donation, you may be able to select a specific program or service for which you would like your Donation to be used. You must provide current, complete, and accurate contact and payment information for all Donations submitted through the Website.
By making a payment or submitting a Donation through the Website, you expressly authorize The Cradle, or a third-party payment processor on our behalf (e.g., Stripe), to charge the method of payment that you have provided and to collect the full amount specified for the payment or Donation you make. The processing of your payments will be subject to the terms, conditions, and privacy policies of our third-party payment processor. You agree that we will not be responsible for any failures of the third-party payment processor to adequately protect your payment information. You acknowledge that we may change the third-party payment processor at any time, with or without notice to you, and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security.
You acknowledge that The Cradle is an Illinois not-for-profit corporation and has obtained tax exemption under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. We do not provide any tax or legal advice, and we encourage you to consult a tax advisor on the deductibility of your Donation.
The Website may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (b) the ability to access the Website from your mobile phone (Mobile Web) (collectively, the “Mobile Services”). We do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device. By using the Mobile Services, you agree that The Cradle may communicate with you regarding the Website and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to The Cradle.
You agree that in connection with the Mobile Services for which you are registered for, The Cradle may send communications to your mobile device regarding The Cradle or other parties. Further, The Cradle may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify The Cradle of any changes to your mobile number and update your account(s) on the Website to reflect this change.
YOU AGREE TO INDEMNIFY AND HOLD THE CRADLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO: (A) YOUR USE OF THIS WEBSITE OR ANY CONTENT; (B) YOUR BREACH OF THESE TERMS; (C) YOUR USER CONTENT; OR (D) YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations under these Terms.
THE WEBSITE AND CONTENT PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CRADLE MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, CONTENT ACCURACY, APPROPRIATENESS, AVAILABILITY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR CONTENT, OR PERFORMANCE OF THIS WEBSITE, THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, OR FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE OR OUR MOBILE DEVICE APPLICATION. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE WEBSITE AND THE CRADLE MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS WEBSITE IS COMPATIBLE WITH YOUR ACCESS DEVICE OR FREE FROM ERROR OR VIRUSES. NO COMPANY EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, THE CRADLE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ITS CONTENT.
BY YOUR USE OF THIS WEBSITE, YOU ACKNOWLEDGE THAT: (1) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK; (2) YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE; AND (3) THE CRADLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, NETWORK OR INTERNET FAILURE OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE CRADLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE, OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. FAILURE TO BRING THE CLAIM OR CAUSE OF ACTION WITHIN THE ONE (1) YEAR PERIOD SHALL RESULT IN THE CLAIM OR CAUSE OF ACTION BEING PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE CRADLE, ITS PARENT’S, SUBSIDIARIES’, AFFILIATES’, AGENTS’, BUSINESS PARTNERS’ LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The Cradle reserves the right, in its sole discretion, to terminate or suspend your registration or block your access to the Website for any reason and at any time, with or without notice to you, including, without limitation, for failure to comply with the letter and spirit of these Terms. You agree that The Cradle shall not be liable to you or any third party for the termination or suspension of anyone’s registration or for blocking anyone’s access to the Website.
If you become a registered user, you may terminate your registration at any time by sending an e-mail to firstname.lastname@example.org.
Any suspension or termination shall not affect your obligations under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your account or these Terms shall survive, including, without limitation, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions. Upon suspension or termination of your Account, you will immediately discontinue use of the Website Content and destroy any copies of Website Content in your possession, including deleting any downloaded Website Content from your Access Device.
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, The Cradle has designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is The Cradle’s outside legal counsel. The agent can be reached at (312) 269-5328, docket@NGE.com, or via U.S. Mail at Neal, Gerber & Eisenberg, LLP, 2 North LaSalle, Suite 1700, Chicago, IL, 60602.
To be effective, your infringement notification must include the following:
Upon receipt of the written notification containing the information as outlined in 1 through 6 above, The Cradle will:
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Company, the alleged infringer will have the opportunity to respond to The Cradle with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to The Cradle’s designated copyright agent, and must include the following:
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules. Any legal proceedings against The Cradle that may arise out of, relate to, or be in any way connected with The Cradle’s Website, or these Terms, shall be brought exclusively in the state and federal courts located in Cook County Illinois and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
We expressly reserve the right to make any changes that we deem appropriate from time to time to the Website and/or Content. We reserve the right at any time to modify or discontinue the Website or Content (or any part thereof) without notice. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Content.
In addition, The Cradle reserves the right to modify or change these Terms at any time, and at its sole discretion. All such changes will be effective immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to the email address that we have on file for you (if any) or posting a revised version of these Terms or other notice on the Website. You should view these Terms often to stay informed of changes that may affect you. Your use of the Website and Content constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.
Events Beyond Our Control.
You expressly release The Cradle from any claim of harm resulting from a cause beyond our control, including, without limitation, the activities of malicious actors, failure of electronic or mechanical equipment or communication lines, Access Devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
Consent to Electronic Communications.
By registering via this Website or by sending emails or text messages to The Cradle, you are communicating with The Cradle electronically. And in doing so, you consent to receive communications from The Cradle electronically. The Cradle will communicate with you by email, text message or notices on this Website. You agree that all electronic agreements, notices, disclosures and other communications that The Cradle provides satisfy any legal requirement that such communications be in writing.
Entire Agreement and Conflicting Terms.
No Assignment or Third Party Beneficiaries.
These Terms may not be assigned by you to anyone. No provision of this Agreement is intended to create or establish any rights in or benefits to any third party.
Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
For any questions regarding the Website, Content, or these Terms, please contact us at email@example.com.