Legal

Disclaimer

Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.

Legal and Financial Disclaimer. Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.

Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Technology Disclaimer. We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services or Program Materials become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.

Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites. We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or in their Website’s Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Programs, Products, Services or Program Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website.

Indemnification, Limitation of Liability and Release of Claims

Indemnification. You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.

Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.  We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services or Program Materials, or in any way or in any location. In the event that you use our Programs, Products, Services or Program Materials or any other information provided by us or affiliated with us, we assume no responsibility.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Your Conduct

You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You must use the Programs, Products, Services or Program Materials for lawful purposes only.  You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:

• For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
• To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
• To cause annoyance, inconvenience or needless anxiety
• To impersonate any third party or otherwise mislead as to the origin of your contributions
• To reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Use or any other agreement with us.

Communication Guidelines

If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to adopt@adoption-beyond.org, and we will do our best to reply to your question or concern promptly.

Purchases and Online Commerce

If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, you hereby consent to, and we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, mailto:adopt@adoption-beyond.org, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall be required to make the payment for the amount of the chargeback.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You hereby release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and hereby waive and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

Refund Policy

Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree that all sales are final and no refunds will be provided.

Termination

You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an e-mail to adopt@adoption-beyond.org.

We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.

In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at adopt@adoption-beyond.org, and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to us referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

You also agree that should arbitration take place, it will be held in Oak Park, California, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Affiliate Agreement

Last Updated on Jan 1, 2023

As a Adoption & Beyond (hereinafter referred to as “AB”) Affiliate, you have the opportunity to earn money from (i) commissions for AB accounts that you sell to other users, and (ii) bonuses when the people you sell to sell to others. This Agreement sets forth your rights and obligations as a AB Affiliate. By clicking “I Agree,” you indicate that you have read and understood this Agreement and you will be bound by its terms.

1. PARTIES. All references to “AB” herein mean and refer to NAME OF COMPANY, doing business as AB, and NAME OF COMPANY’s owner(s), parent company(ies), affiliate entities, and employees, and assigns, if any. All references to “you” and “your” mean and refer to that AB Affiliate who has executed this Agreement by clicking “I Agree.” AB and you are each referred to herein as a “Party,” and collectively as the “Parties.”
2. INDEPENDENT CONTRACTOR. you are an independent contractor of AB. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between AB and you by virtue of this Affiliate Agreement.
3. TERM AND TERMINATION. your contract with AB begins when you click “I Agree,” and will continue month-to-month until either:
4. AB cancels your account due to your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to your breach, you forfeit all Commissions and Bonuses owed to you or that may in the future be owed to you.

or

1. AB or its successors or assigns, in its sole and absolute discretion, cancels your Affiliate Agreement. In the event that AB or its successors or assigns cancels your Affiliate Agreements, you will first receive thirty (30) days’ written notice, sent to the e-mail address you provided AB and that is associated with your Affiliate profile.
2. COMPENSATION.
3. COMMISSIONS. After you click “I Agree” to the terms of this Agreement, you will receive a unique Affiliate URL, which you will use to advertise AB. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a AB account by using your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. you will be paid a commission for each account that generates a total of $50 per month in payout. The Commission amount varies by product that is outlined in your affiliate area. Commission payments will be made to you on or before forty-five (45) days following AB’ receipt of payment for a Sold Account, subject to the other terms set forth herein.
4. TAXES. Before you can be paid any Commission or Bonuses, you must provide AB a completed W-8 or W-9, as instructed by AB. you will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 to AB. you are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses you receive from AB. If you are not a resident of the United States, AB may withhold tax (including without limitation VAT) where required to by applicable law. Where AB is required to withhold tax, AB will document such withholding.
5. MINIMUM COMMISSION AND BONUS PAYMENT. your combined commission and bonus amount must equal or exceed Fifty and 00/100 Dollars ($50.00) before you receive a payment from AB. If your combined commissions and bonuses for a given month are less than $50.00, your commissions and bonuses will be held until your combined commissions and bonuses equals or exceeds $50.00.
6. COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between AB and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment from a Sale or Legacy Sale is not actually received by AB, you will not paid a Commission or Bonus on the transaction. If payment for a Sold Account or a Legacy Account later results in a refund or charge-back, and if a commission or bonus was paid to you for that Sold Account or Legacy Account payment, then the commission or bonus will be deducted from your future commissions. If AB determines, in its reasonable discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Legacy Sale. If any Commissions or Bonuses are paid for a Sale or Legacy Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by AB after payment, such payment amounts shall be deducted from your future commissions and bonuses.
7. U.S. DOLLARS. All commissions are paid in US Dollars via PayPal or check.
8. MARKETING AND RECRUITING.
9. TRUTHFUL. Anything you communicate in marketing or advertising any AB service or opportunity must be true and accurate. Claims that relate to any AB service or opportunity that are untrue or fraudulent are strictly prohibited. you may not claim that any government, person, or entity endorses or supports AB. you may not use the intellectual property of any other person or entity in advertising any AB service or opportunity.
10. NON-DISPARAGEMENT. you are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of AB.
11. INVENTORY LOADING/REBATES. you will not be paid any Commission or Bonus for payments made on your own User Account(s). you are not permitted to open a AB account under the name of another person or entity, or under a fictitious name. you are not permitted to open a AB account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. you may not pay for another person’s account. you are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Legacy Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and you agree to repay to AB all Commissions and Bonuses earned as a result of any such violation.
12. INCOME CLAIMS. If your recruiting efforts include claims related to the potential income a AB Affiliate can make, or if you make reference to income you have made, or if you make reference to any lifestyle opportunities you have because of AB, the following guidelines must be adhered to:
13. your statements must be completely true and accurate and supported by evidence;
14. If you use a hypothetical scenario, you must clearly label it as a hypothetical scenario; and
15. your statements must be accompanied by the AB earnings disclosure statement.
16. AB’ INTELLECTUAL PROPERTY. No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “AB Intellectual Property”) owned by AB or any of AB’s affiliates may be used, copied, or reproduced by you except as set forth in writing by AB. No AB Intellectual Property (or any mark confusingly similar to any AB Intellectual Property) is to be advertised, listed for sale, registered as a domain name, or otherwise displayed by you in any fashion, including, without limitation, on any Internet website.
17. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS. you grant AB permission to use any and all photographs taken by AB or its agents or employees, or submitted by you to AB (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of AB or any product or service sold and marketed by AB. you agree that this authorization to use Photographs may be assigned by AB to any other party. you agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in AB’ sole discretion. you agree not to charge a royalty or fee, and not to make any other monetary assessment against AB in exchange for this Release and Assignment. you hereby release and forever discharge AB from any and all liability and from any damages you may suffer as a result of the use of the Photographs. you further acknowledge and agree that this Release is binding upon your heirs and assigns. you agree that this Release is irrevocable.
18. PROHIBITED ACTIVITY. AB has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
19. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to AB’s reputation; and the violation of the rights of AB or any third party.
20. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to AB’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
21. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
22. INDEMNITY. you agree to protect, defend, indemnify and hold harmless AB, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of your conduct. your indemnity obligation includes, but is not limited to, any third-party claim against AB for liability for payments for, damages caused by, or other liability relating to you.
23. NO WARRANTY; NO LEADS. AB does not promise, guarantee or warrant your business success, income, or sales. you understand and acknowledge that AB will not at any time provide sales leads or referrals to you. Additionally, AB’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. AB MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY AB WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. AB MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY AB WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY AB WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY AB’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY AB’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
24. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL AB’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST AB OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
25. FORCE MAJEURE. AB will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of AB. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. AB shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
26. ASSIGNMENT. AB may assign its rights under this Agreement at any time, without notice to you. your rights arising under this Agreement cannot be assigned by without AB’ or its assigns express written consent.
27. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.
28. ARBITRATION. Any claim or grievance of any kind, nature or description that you have against AB including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Hillsborough County, Florida. you agree not to file suit against AB or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by you and AB. In the event that you and AB are unable to reach agreement on an Arbitrator, you and AB will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Hillsborough County, Florida. The arbitrators selected by you and AB will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on you and AB and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
29. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Florida without regard to any choice of law provisions.
30. WAIVER OF CLASS ACTION CLAIMS. you understand and agree that you will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim you have against AB to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against AB may not be joined or consolidated with claims brought by anyone else.
31. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
32. INJUNCTIVE RELIEF. Nothing in this Agreement prevents AB from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect AB’ rights prior to, during, or following any arbitration proceeding.
33. ATTORNEYS’ FEES. you agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either your or AB commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
34. ENTIRE AGREEMENT. This Agreement, along with AB’ standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to your rights and responsibilities as a AB Affiliate.
35. MODIFICATION/AMENDMENTS. This Agreement and AB’ standard Terms and Conditions may be modified by AB at any time, with or without prior notice to you. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on you when they are sent to you via e-mail, or are posted on AB.com. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by AB. your continued acceptance of Commission or Bonus payments constitutes your acceptance to any modifications or amendments to this Agreement.
36. NO WAIVER. No waiver by AB of any right reserved or granted to AB under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of AB.
37. NOTICE. Any notice required to be given to AB under or related to this Agreement shall be in writing, addressed as follows:

Adoption & Beyond

16236 Metcalf Avenue
Overland Park, KS 66085

e-mail : adopt@adoption-beyond.org

AB will send notices to you at the e-mail address you provided to AB. Any notices shall be deemed delivered to you when sent by AB. you are solely responsible for addressing any technical failures related to your e-mail address or server, and for reading any e-mail sent to you. AB may also provide notice to you by posting information on futurelisting.com.

19. SEVERANCE. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.

Affiliate Promotion of AB

**Important Note**

Anyone who signs up for a AB account also automatically becomes an affiliate (we use the same email address for your affiliate account). You can access your affiliate dashboard from within your AB account from My Account > Affiliate-area.

Required Forms

All affiliates need to fill out and sign completed forms for the United States Internal Revenue Service (IRS).

Please click the link below to complete your forms digitally.

https://www.irs.gov/pub/irs-pdf/fw9.pdf

Affiliate Payout

Thank you for choosing to promote AB.

Affiliate Payout Requirements:

• All affiliates need to fill out and sign completed forms for the United States Internal Revenue Service (IRS).  The link to complete this step can be found in the section above this one.
• Commissions are paid after a 45 day “cooling off” period (due to potential refunds or cancellations).
• The “Ready For Payout Today” commission summary line must be $50.00 or more at the time the commission report is generated.
• Affiliate Payment Preferences must be set up in the affiliate account.  you may choose from Paypal (preferred) or Check.

Affiliate Accounts with Paypal as their payment option will have commissions paid monthly (on the 1^st or 15^th ), with a minimum $50 threshold, after the cooling off period mentioned above.

Affiliate Accounts with Check as their payment option will have commissions paid at the end of the month, provided they have a minimum $50 threshold, after the cooling off period mentioned above.

Affiliate Rules:

AB Affiliate Promotion Rules

It is REQUIRED that every affiliate adhere to the HIGHEST POSSIBLE STANDARDS of Ethical & Legal Conduct during this promotion.

Tracking is Cookie based- last cookie gets credit for the sale. The Federal Trade Commission has recently more clearly defined best practices for affiliate marketers, and it is our position that all affiliates of AB must use these guidelines and regulations as Standard Operating Procedure during their endorsement or promotion.

Step 1 – Download and Review the FTC Document for Endorsement Guidelines: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf

Step 2 – In addition to the FTC Guidelines, please observe the following Best Practices: When you promote, make sure you:

** Include your Affiliate Disclaimers and Disclosures. The bottom line is, if you make a sale via an affiliate link, it’s because you’re getting paid to do so – be honest about that. Include these disclaimers during email or advertising promotions.

** Include your relevant Privacy Policies on sites that you are promoting AB with.

** Include your Terms of Service on sites that you are promoting AB with.

** Include your Forward-Looking Earnings Statements on sites that you are promoting AB with.

** DO NOT SPAM (Do NOT send JUNK or UNQUALIFIED TRAFFIC to this offer)

** Don’t TWITTER SPAM or Social Media Spam

** Don’t misrepresent yourself as a “typical result” or as a “typical customer” when you promote this offer

** Be transparent and authentic – We’ll treat your prospects with MASSIVE RESPECT!

Please review our full

NOTE: There will be NO commission payments paid on PERSONAL USE Sales of the Product – meaning, if the only purpose in joining this affiliate program was to get a commission on a sale for Personal Use of AB, that’s not cool. We do track and reconcile every sale – and in cases where an affiliate has a single sale to themselves, commission will NOT be paid on that sale. Such activity is not fair to the affiliates who have promoted in good faith only to have one of their prospects join the affiliate program to get their own commission and cut the original affiliate out.