Welome to Kinsearch Registry!  You must agree to the following terms and conditions in order to receive services from the Registry.  The information posted on this website is subject to these conditions as well, and by accessing this information, you agree to these terms and conditions as may be posted from time to time. 

The information at this website is provided for informational purposes only, and you are not entering an agreement and Kinsearch is not making any warranties or agreeing to assume any obligations simply by you accessing this website.  However, you form an agreement with Kinsearch that is governed by these rules when you submit an application to the Registry.

The following subtitles are for informational purposes only and have no legal or contractual effect.

COPYRIGHT

 By accessing this site, you acknowledge and agree that the materials posted therein constitute proprietary information that is protected by intellectual property and other laws.  All material posted on this site, including all trademarks, text, logos, service marks, graphics, and written materials of any kind, is the sole and exclusive property of Kinsearch Registry.  Any unauthorized downloading, electronic transmission, publication, distribution, printing in hard copy, or public exhibition of the materials provided at this site, in whole or in part, without the express permission of Kinsearch, is strictly prohibited.  You are prohibited from reproducing, duplicating, copying, quoting from, selling, trading, reselling or exploiting for any purpose any portion of the materials posted at this site.  Furthermore, if you violate this provision, Kinsearch may deny you services and even take legal action against you.  In addition, any material downloaded by you is done at your own risk, and you will be solely responsible for any damage to your computer system and peripherals or loss of data that results in whole or in part from that downloading. 

RECEIVING COMMUNICATIONS

By contacting Kinsearch Registry or applying to receive its services, you agree to allow the Registry to communicate with you by mail, email, fax, and telephone, unless  expressly instructed otherwise  by you.  Once you have registered with Kinsearch, Kinsearch may provide you with notices by email, regular mail, or postings on its website.  As a member of the Registry, you agree to receive periodic communications regarding the terms and conditions of its services. 

CHANGES IN TERMS

Kinsearch reserves the right at any time and from time to time to modify, augment, or discontinue aspects of its services, temporarily or permanently, excluding maintaining the registrant’s DNA profile in the Registry databank, with or without notice.  You agree that Kinsearch will not be liable to you or to any third party for any such modification, suspension or discontinuance of service.  Any additions or revisions of the services of Kinsearch will be subject to these terms of service as revised from time to time.  Registrants will be notified about any significant changes in the way that the Registry treats personal information supplied by a registrant by sending a notice to the primary email address provided to it or by placing a prominent notice on this site.

ELIGIBILITY AND CHILDREN AS REGISTRANTS

You must be at least 18 years of age or have the express, written permission of all of your parents or legal guardians to participate in the Registry.  All registrants or parents and guardians must provide their current contact information and agree to continually update the Registry on any changes thereto.  Failure to comply with this provision may result in the Registry’s termination of services to the registrant and  the permanent withdrawal of the registrant from the Registry’s databank.  By agreeing to receive the services of the Kinsearch Registry, you represent that you are either of legal age and capacity to form a binding contract under all laws applicable to you or that you are the parent(s) or legal guardian(s) of the registrant, that there is no legal impediment for you to consent to this service on behalf of your child, and that you agree on his or her behalf to the terms of service as stated on this site as revised from time to time. 

The Registry is concerned about respecting the right of an underage registrant’s parents or legal guardians to control his or her receipt of information from the Registry before that child reaches majority.  The Registry is also concerned about ensuring an age-appropriate understanding of its work by underage registrants who are informed of their participation in the Registry.  Therefore, the Registry and its representatives will agree in its discretion to communicate directly with underage registrants only in the presence, and with the consent, of that person’s parents or legal guardians.  At all times, the parents and legal guardians of an underage registrant each assume all responsibility for the proper, healthy and safe disclosure and explanation of all information regarding the Registry, the child’s participation therein, DNA testing and profiling, and any other information relevant to the Registry process and mission, and the Registry will only agree to communicate directly with an underage registrant on this condition. 

CONTINUING OBLIGATION TO DISCLOSE AND UPDATE CONTACT INFORMATION

An application for registration will not be accepted without complete, accurate, and current contact information for the registrant (if majority age) or if underage, the registrant’s parents or legal guardians.  This information must be kept up to date and current at all times with the Registry while the registrant continues to participate in the Registry.  A failure to maintain current contact information may result in the withdrawal of the registrant from the databank and the termination of all services to that registrant by the Registry.  Furthermore, if you provide any information that is untrue, inaccurate, not current or incomplete, or the Registry has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, it has the right to suspend or terminate your registration and refuse any and all current or future use of its services (or any portion thereof). 

WITHDRAWAL OR TERMINATION FROM THE REGISTRY

You may withdraw at any time from the Registry.  Upon the express, written request of the registrant (if majority age) or one of the registrant’s parents or legal guardians (if underage), all information regarding that registrant will be permanently removed from the databank and all records of the Registry, including its vendors and affiliates.  If your registration was terminated by Kinsearch for any reason, Kinsearch reserves the right to refuse any and all current and future use of its services.  In addition to the reasons cited in the preceding paragraph, Kinsearch reserves the right to refuse or terminate its services for cause at any time, with or without notice.  Cause may include, but is not limited to, (1) violations of the terms of service, (2) an order from a legal authority with jurisdiction over the Registry, (3) an express, written request by the registrant (if majority age) or one of his or her parents or legal guardians (if underage), (4) a discontinuance or substantial modification of the services provided, (5) unexpected technical or security issues or problems not foreseeable by or within the reasonable control of the Registry, (6) fraudulent, incomplete, illegible, or misleading information, (6) lack of the express consent of the underage registrant upon reaching majority age, or (7) lack of current contact information for the registrant (if majority age) or his or her parents or legal guardians (if underage). 

CONFIDENTIALITY, SECURITY AND REQUIRED DISCLOSURE

Kinsearch Registry must collect some personal information about you that is personally identifiable, such as your name, birth date, name before adoption, name after adoption, birth place, place of adoption, mailing address, email address, and other information that is not publicly available.  Kinsearch collects only information it needs to fulfill its mission of finding and connecting an adoptee’s birth family members and uses this information only for that purpose.  Kinsearch respects the privacy of registrants and will not use, sell, rent, loan, share or transfer any identifying personal information to any third parties outside the Registry for any other purpose, unless specifically directed to do so by you.  Personal information on a minor adoptee will not be accepted without the written consent of all of that child’s adoptive parents or legal guardians.  Furthermore, we limit access to personal information within Kinsearch to only those employees that we believe reasonably need to come into contact with that information to provide the service and do their jobs.  As described in the program materials, a registrant’s identifiable personal information is not shared with the laboratory testing the registrant’s DNA sample and banking the resulting profile.  The lab identifies the registrant by only a number, and the identity of the registrant is known only to Kinsearch.  In order to maintain maximum security and anonymity outside of the Registry, registrants are prohibited from communicating directly with the testing lab concerning their individual cases, and Kinsearch does not share the identification number with the registrant. 

All DNA samples in the possession of the Registry or the testing lab are destroyed when testing and profiling is complete.  Although the Registry will maintain the highest security of identifiable personal information, it may be required to disclose that information in certain circumstances, such as, but not limited to, the following:  (1) by court order or legal process, (2) for enforcement of this agreement or to defend against legal claims, (3) in response to a specific request by you for services, (4) to protect the rights, property or personal safety of the registrant or the Registry or to prevent fraud or illegal activities perpetrated either on the registrant or the Registry.  Note that this policy and practice applies only to employees and representatives of the Registry or those within its control.

LIMITS OF LIABILITY AND INDEMNIFICATION

Registrants understand and accept that DNA testing is a relatively new and evolving technology.  The Registry relies upon the testing lab’s representation of reliability of its DNA testing method for siblingship testing and its provision of the most reliable technology currently commercially available.  However, it is recognized by all parties that this technology will continue to evolve, change and improve during the course of the Registry’s existence.  The testing lab will make every effort to maintain all DNA profiles in the database indefinitely, but neither the lab nor the Registry can foreclose or warrant against the possibility of advances in technology causing the registrant’s DNA profile on file to become obsolete or unusable at a future date.  Given the indefinite, long-term life of the Registry, it is not unlikely that retesting may become an option available to registrants at some point in the future if a new testing technology or method comes into use that proves more reliable or informative and which cannot make use of the DNA profiles then in the Registry.

This website is designed for informational purposes only on an “as is” basis.  You should not rely on this information for medical or legal advice.  Test results do not establish a legal relationship or any legal rights between matched registrants and are not likey to be admissible in a court of law.  Although the Registry makes a good faith effort to provide the most current technical information and practices, it does not guarantee the accuracy of the technical information provided or linked therein, the testing or matching results of the testing laboratory, or even an adoptee’s eligibility for the Registry.  By viewing this site, you agree to this term and the others in the Terms of Service herein and acknowledge that your reliance on any technical information is at your sole risk. 

The Registry will not be liable for any loss or damage arising from a reliance on the technical information contained or linked to herein or from a breach or lack of compliance with any provision in this agreement.  You agree to indemnify and hold Kinsearch harmless, along with its employees, agents, and affiliates, from any claim, cause of action or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the services or information provided by Kinsearch or the testing laboratory.  You agree that you must evaluate and bear all risks associated with the use of the information provided by Kinsearch or the testing laboratory, including any reliance on the accuracy, completeness, or usefulness of such information.  Kinsearch expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and noninfringement.  Kinsearch makes no warranty that the service will meet your particular needs, that the service will be uninterrupted, timely, error-free, or accurate, or that the service will meet your expectations.   Kinsearch is not responsible for the availability of external sites or resources to which it directs viewers and does not endorse and is not responsible for their content.  You agree that Kinsearch will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or reliance on those external sites and resources.  You expressly understand and agree that Kinsearch shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including tangible and intangible losses resulting from or occurring in connection with your use of its services. 

NOTIFICATION OF BREACHES

You agree that you will notify the Registry in writing within 3 business days of any changes in your contact information, any breaches of this agreement, or any change in circumstances that may have an impact on your (or your child’s) eligibility or legal capacity to participate in the Registry.

COMPLIANCE WITH ALL RELEVANT LAWS

By agreeing to participate in the Registry, you acknowledge your responsibility to comply with all local laws and rules concerning your communication with the Registry and participation therein.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical and contact information sent from the state or country in which you reside to the Registry, by whatever means communicated.

NO THIRD PARTY BENEFICIARIES; SURVIVORSHIP; NON-TRANSFERABILITY

You agree that, unless expressly acknowledged by the Registry, there shall be no third party beneficiaries to this agreement.  Any rights that you may have as a registrant adhere only to the registrant and are not transferable.  In addition, such rights terminate upon your death unless expressly agreed otherwise in writing with the Registry.

ENTIRE AGREEMENT         

The Terms of Service constitute the entire agreement between the registrant and the Registry and exclusively govern the services provided hereunder.  This agreement provides no right to services from any particular staff person, laboratory or vendor used by the Registry in providing its services and creates no rights or obligations between the registrant and any such third party.

CHOICE OF LAW AND FORUM

The terms of service and the legal relationship between you and Kinsearch shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.  In addition, you and Kinsearch agree to submit to the subject matter and personal jurisdiction of the state and federal courts in Middlesex County, Massachusetts.

WAIVER AND SEVERABILITY OF TERMS

The failure of Kinsearch to exercise or enforce any terms, provisions or rights hereunder shall not constitute a waiver of such term, provision or right.  If any term or provision of this agreement is found to be invalid or inapplicable by a court of competent jurisdiction, the parties agree that the court should nevertheless endeavor to give full effect to the intention of the term or provision, and the other terms and provisions shall remain in full force and effect.

STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the services of the Registry or any of its representatives in the course of their work must be filed within one (1) year after such claim or cause of action arose or is forever barred. 

WRITINGS

Whenever these terms require notice in writing, such writing must include an original signature.  It will not be sufficient to fax or email the Registry such notice, unless acceptable to the Registry at its sole discretion.