AdcomUSA.com collects information on our users in various ways, such as, by your voluntary submissions, participation in services provided via the Site and Services, from third parties with your consent, and through cookie and other tracking technology. AdcomUSA.com collects the following information:
“Personal Information” refers to information that tells us specifically who you are, such as your name, phone number, email, postal address, and possibly information relating to certain support or customer service issues. In many cases, we need this information to provide to you many of the services that you may have requested.
Cellular Phone Numbers
By providing a cellular telephone number to us, you expressly consent to, and authorize us or a third party on our behalf to deliver autodialed or prerecorded telemarketing calls and/or text messages to the number you provide. You are not required to consent to these calls as a condition to purchasing any goods or services, but withholding your consent may prevent us from providing certain services to you. This consent encompasses all future autodialed or pre-recorded telemarketing calls and text messages from us or a third party placing these calls on our behalf.
Submission of Reviews, Ratings, and Comments
We collect information that you voluntarily provide as part of our Site and Services, including messages, posts, comments, responses, reviews, and ratings you submit through the Site and Services, (“User Generated Content”). AdcomUSA.com may in our sole discretion share your User Generated Content with others such as your business reviews. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personal Information you do not want shared in this manner. Once You have submitted User Generated Content, we reserve the right to publish it in any medium to others.
We may collect general, non-personal, statistical information about the use of the Site and Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as ‘cookies’ and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Site and Services to make for a better visitor experience.
Third Party Information
We may supplement information you provide to us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes consistent with our mission.
We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of receiving online display advertisements tailored to your interests by our third party partners, visit the Network Advertising Initiative at www.networkadvertising.org/cho
Other Tracking Technologies
Tracking technologies may record information such as Internet domain and host names; Internet protocol (IP) addresses; browser software and operating system types; clickstream patterns; and dates and times that our Site and Services are accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that ‘serve up’ web pages, automatically identify your computer by its IP address. The Site and Services may also use technology called “tracer tags”. These may also be referred to as “Pixels”, “Clear GIFs” or “Web Beacons”. This technology allows us to understand which pages you visit on our Site and other ways you interact with our Site and Services, such as purchases made through the Site and Services. These tracer tags are used to help us to optimize and tailor our Site and Services for you and other users of our Site and Services. We may link the information we record using tracking technologies to Personal Information we collect.
Use of Information
The information AdcomUSA.com collects is used in a variety of ways, including
for internal review; to improve the Site and Services; to optimize third-party offers of products and/or services;
to verify the legitimacy of reviews and ratings; to notify you about updates to the Site and Services; to let you know about products, services, and promotions that you may be interested in; to get reviews and ratings; for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively “Service Providers”); to fulfill and provide products and services, including personalized or enhanced services, requested by you; and internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.
Disclosures and Transfers of Information
We do not disclose Personal Information to third parties, except when one or more of the following conditions is true:
We have your permission to make the disclosure;
The disclosure is necessary for the purpose for which the personal information was obtained;
The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
The disclosure is permitted by relevant law;
The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
The disclosure is for our own marketing purposes, or, with your authorization, for the marketing purposes of third parties;
The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
The party to whom the disclosure is made controls, is controlled by, or is under common control with AdcomUSA.com;
The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our AdcomUSA.com Membership Agreement, even without a subpoena, warrant or court order; or
The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, and data analysis (“Administrative Service Providers”), including Administrative Service Providers outside the country or jurisdiction in which you reside.
We may also disclose aggregate visitor data in order to describe the use of the Site and Services to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.
Choice: Accessing Your Information and Opt-in/Opt-out Requests
To help you review, edit, and control how we use much of the information we collect about you, you can visit your “Manage My Accounts” webpage. On the “Manage My Accounts” webpage, you can update certain information and unsubscribe from receiving specific types of email messages and telephone calls, including autodialed or pre-recorded telemarketing calls placed by us or a third party on our behalf. You cannot, however, unsubscribe from receiving certain emails, such as account status and billing related emails, unless you close your account and fulfill any existing contractual obligations.
You can also ask us whether we are keeping information about you; to provide you with access to any information we have about you; how your information is being used; update, correct, or delete your information, or opt-out of the collection and use of certain information by sending an email to manager@AdcomUSA.com or by writing us at Manager, AdcomUSA.com. 4 Brattle Street/Suite207, Cambridge, MA 02138 specifying the nature and scope of your request. If you choose to delete your information or opt-out of the collection and use of your information, you understand that certain services, may no longer be available to you, potentially including revocation of your Membership. Please state in your correspondence the details of your request. We may require proof of your identity before we provide you with the requested information. We allow you to challenge the data that we hold about you and, where appropriate, you may have the data erased, rectified, amended, or completed. Approved requests will be processed within ten (10) days of the date on which we receive the request.
Data Security, Integrity, and Access
The Personal Information you provide and we collect is stored within databases that we control directly or through our Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures appropriate for the sensitivity of the Personal Information and consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your Personal Information. We also use industry standard encryption technology to protect credit card and password information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
Personal Information may only be accessed by persons within our organization, our third party service providers who require such access to provide you with the services indicated above, or any other party that you have provided us with authorization to share such information with.
We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to otherwise meet any legal requirements.
Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States.
AdcomUSA.com may assign you a user ID and a password when you as part of your participation and access to the Site and Services. Your user ID and password may only be used by you and the members of your household. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password. You can access and update your login information on your “Manage My Accounts” webpage.
Third Party Websites and Links
Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, AdcomUSA.com would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties’ privacy policies. While we support the protection of our customer’s privacy on the Internet, AdcomUSA.com expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.
AdcomUSA.com does not intend the Site and Services to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. AdcomUSA.com relies upon such parents or guardians to determine if the Site and Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian of majority age.
We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.
Governing Law; Visitors Residing Outside the United States
How To Contact us
We welcome your questions and comments.
2. REGISTRATION INFORMATION
As a condition of Your use of the Service, You agree to: (1) provide AdcomUSA.com with true, accurate, current and complete information as prompted by AdcomUSA.com’s registration forms, when registering for or using the Service; and (2) update and maintain the truthfulness, accuracy and completeness of such information.
3. MINIMUM AGE
You must be 18 years of age or older to use or register for Services.
4. USE VOID WHERE PROHIBITED
Membership in the Service is void where prohibited.
6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
AdcomUSA.com will charge You a membership fee in order to provide the Service. Your membership fee is the amount You were charged for Your subscription or Plan, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check Your account online or call an AdcomUSA.com call center representative if You have any questions. You acknowledge that AdcomUSA.com reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees for access to the Service may be made either on a monthly or annual basis (except Plus and Premium Plans, which are annual only). Annual Membership Fees may be paid in advance by cash, check, credit card, debit card or PayPal. Monthly Membership Fees and Additional List Fees may only be paid in advance by credit card, debit card or PayPal. All membership subscriptions will be automatically renewed upon the terms set forth below, unless such membership subscription is cancelled or terminated as provided below or unless You opt out of the automatic renewal feature as provided below.
Monthly Payment Subscriptions:
If You currently have or select a monthly payment subscription (e.g., a monthly Basic Plan or existing grandfathered monthly subscription), each month AdcomUSA.com will automatically renew Your membership on a month-to-month basis at the Membership Fee (as such Membership Fee may be modified as provided abov5) using the credit card, debit card or other payment information on file with AdcomUSA.com. Each monthly renewal payment will take place on or about Your expiration date. If the renewal of Your monthly membership fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by AdcomUSA.com). Except as otherwise required by applicable law, You agree that AdcomUSA.com will not provide You with any notices prior to each monthly renewal payment.
Annual Payment Subscriptions:
If You select an annual payment subscription AdcomUSA.com will automatically renew Your annual membership for one year at the Membership Fee for annual memberships (as such membership fee may be modified as provided abov5) using the credit card, debit card or other payment information on file with AdcomUSA.com. Such annual renewal payment will take place on or about Your expiration date. If the renewal of Your annual membership fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by AdcomUSA.com). Except as otherwise required by applicable law, You agree that AdcomUSA.com will not provide You with any notices prior to each annual renewal payment.
Additional List Subscription:
If You purchased a subscription the initial subscription selected by You is considered Your “primary” subscription.
If You received a free offer to access all subscriptions in the Service, AdcomUSA.com will renew Your membership at the Membership Fee (as such Membership Fee may be modified as provided abov5) using the credit card, debit card or other payment information on file with AdcomUSA.com. All existing memberships will be renewed at the Membership Fee (as such Membership Fee may be modified as provided abov5) and will include access to all purchased subscriptions unless You otherwise elect to cancel access to a particular subscription in accordance with the provisions set forth below.
If You received a free offer for Your Additional List subscription, AdcomUSA.com will provide You notice via email prior to renewing the Additional List at the Membership Fee (as such Membership Fee may be modified as provided abov5) using the credit card, debit card or other payment information on file with AdcomUSA.com.
Upgrading and Downgrading Plans:
If You upgrade Your Plan during the term Your second subscription shall begin at the expiration of the first subscription. For the sake of clarity, the fee will be the amount of the new Plan at the time You requested the upgrade.
If You downgrade Your Plan during the term You shall receive a refund of the difference between Your current Plan and the new Plan. This applies only to downgrades, not to cancellations.
Canceling Your Subscription:
If you decide to cancel Your subscription, in order to avoid renewal, Your cancellation request must be received by no later than 5:00 p.m. Eastern Time on the business day prior to Your scheduled renewal payment date. You may cancel Your subscription by contacting AdcomUSA.com by first class certified mail at 4 Brattle Street/Suite 207, Cambridge, MA 02138;or by email at manager@AdcomUSA.com.
AdcomUSA.com Subscription Fee:
Monthly and annual memberships include a subscription to AdcomUSA.com where applicable. A portion of Your Membership Fee will be applied towards Your subscription..
Authorization to Update Credit Card Account Information; Account Updater:
AdcomUSA.com may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans (e.g., a free Android tablet for members who select the Premium Plan). AdcomUSA.com is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that You shall not bring any action against AdcomUSA.com relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, You agree that AdcomUSA.com has no responsibility for replacing the Incentive.
8. ACCOUNT SECURITY
AdcomUSA.com will assign You a user ID and a password when You register. Your user ID and password may only be used by You and the members of Your household (meaning anyone who currently shares with You the address You registered with AdcomUSA.com). You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
9. LIMITED LICENSE TO WEBSITE AND MAGAZINE
By agreeing to the terms and conditions of this Agreement, AdcomUSA.com grants You a limited license to access and use the reviews and ratings offered by the Service for Your personal purchase decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of AdcomUSA.com.
10. SUBMISSIONS OF REVIEWS
In order for You to submit Your own reviews and ratings on the Website and in the Magazine, You acknowledge and agree that:
(1) all of Your reviews and ratings will either be based upon: (i) Your actual first-hand experiences with the Service Providers You are reviewing; or (ii) as provided under Section 14 (Service Providers) below, an individual and that individual’s actual first-hand experience with a health care or wellness provider whereby You have the legal authority to disclose such health information and experience of such individual;
(2) all of Your reviews and ratings of the Service Providers that You are rating will be accurate, truthful and complete in all respects;
(3) You do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which You submit reviews and ratings;
(4) You do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which You submit reviews and ratings;
(5) You are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which You submit reviews or ratings; and
(6) Your name and review information will be made available to the Service Providers on which You review.
11. COMPLAINT RESOLUTION PROCESS
If You have a dispute with a Service Provider and an active, qualifying Plan, You may request AdcomUSA.com’s assistance in communicating with that Service Provider about Your desired resolution (the “Complaint Resolution Process” or the “CRP”).
You may request to participate in the CRP through our Website or by contacting a member care representative. You then will be requested to complete and return to AdcomUSA.com certain documentation relating to Your complaint. Shortly thereafter, a member of our Complaint Resolution Team will contact You to obtain additional information and understand Your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain Your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to Your desired resolution or supplies a counteroffer that You find acceptable, the case is considered resolved, Your review regarding the Service Provider will be removed, and You will have the opportunity to submit updated feedback about Your experience. If the Service Provider responds but does not resolve the matter as described above, Your feedback shall remain unchanged.
Your participation in the CRP is at AdcomUSA.com’s sole discretion. We reserve the right to reject Your request to participate for any reason. By participating in the CRP, You consent to have Your complaint and a story about the circumstances relating to the CRP published in our monthly magazine and online publications. For complaints involving health care providers, we may ask You to sign a HIPAA (Health Insurance Portability and Accountability Act) waiver to allow the Service Provider to discuss the issue with us.
The CRP is not a legal forum and AdcomUSA.com does not, at any time, become a party to Your dispute with the Service Provider. AdcomUSA.com is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If You believe legal services are necessary or would be helpful to resolve Your dispute with a Service Provider, AdcomUSA.com encourages You to consult with an attorney. AdcomUSA.com does not guarantee that Your participation in the CRP will result in a satisfactory outcome or Your desired resolution. You agree that, by offering the CRP, AdcomUSA.com does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 14 (Service Providers), 24 (Warranty Disclaimer), and 25 (Limitation of Liability).
12. CONTENT LICENSE
Although AdcomUSA.com does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give us (collectively, the “Content”), by providing Content for the Website You automatically grant, and You represent and warrant that You have the right to grant, to AdcomUSA.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing AdcomUSA.com with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.
13. PUBLICATION AND DISTRIBUTION OF CONTENT
AdcomUSA.com does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that AdcomUSA.com simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that AdcomUSA.com does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that AdcomUSA.com has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other AdcomUSA.com member or any Service Provider. However, AdcomUSA.com reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will AdcomUSA.com be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against AdcomUSA.com relating to Content or Service Provider Content, and release AdcomUSA.com from any and all liability for or relating to any Content or Service Provider Content.
14. SERVICE PROVIDERS
AdcomUSA.com does not endorse and is not responsible or liable for any Content, Service Provider Content, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). You agree that should You use or rely on such Content, Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), AdcomUSA.com is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve AdcomUSA.com. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
You agree that AdcomUSA.com is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for Your interactions and dealings with them, waive the right to bring or assert any claim against AdcomUSA.com relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release AdcomUSA.com from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers).
AdcomUSA.com may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, ADCOMUSA.COM DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 24 (WARRANTY DISCLAIMER), OR SECTION 25 (LIMITATION OF LIABILITY).
15. HEALTH RELATED PROVIDERS
The contents of AdcomUSA.com Website, such as text, graphics, images, information obtained from AdcomUSA.com’s, and other material contained on AdcomUSA.com Website (“Website Content”) are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on AdcomUSA.com Website.
If You think You may have a medical emergency, call Your doctor or 911 immediately. AdcomUSA.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. AdcomUSA.com is not a health or wellness provider and cannot recommend or refer You to any health or wellness provider. Reliance on any information provided by AdcomUSA.com, AdcomUSA.com employees, others appearing on the Website at the invitation of AdcomUSA.com, or other visitors to the Website is solely at Your own risk.
The Website may contain health-related materials that are sexually explicit. If You find these materials offensive, You may not want to use our Website.
You should be aware that if You post any health-related information about Yourself or anyone else on this Website, You do so at Your own risk. If You post Website Content about services rendered to another individual, You represent that You have the legal authority to receive health information about that individual and related to the Website Content from that individual’s health care providers and that You have the legal authority to further disclose such health information. If You post health-related information, You will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom You submit Content may submit Service Provider Content that contain Your private or confidential health information in response to Content You submit. AdcomUSA.com is not liable for any such Service Provider Content. Please see Section 13 (Publication and Distribution of Content) above for more information about AdcomUSA.com’s responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither AdcomUSA.com, nor any of its users, has any legal obligation to keep Your health information confidential if You post it to this Website and it may be used for purposes that are unintended by You or AdcomUSA.com.
16. YOUR CONDUCT
In connection with Your use of the Service, You represent and warrant that You:
(1.) are above the age of eighteen (18);
(2.) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(3.) will not submit any reviews that may be considered by AdcomUSA.com to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(4.) will submit thorough and thoughtful reviews of the Service Providers You review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
(5.) will not submit reviews that comment on other users or the reviews of other users;
(6.) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with AdcomUSA.com, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
(7.) will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(8.) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(9.) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(10.) will not take any action that would undermine the review and rating process under the Service;
(11.) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(12.) will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(13.) will not use the Service in any way that could interfere with the rights of AdcomUSA.com or the rights of other users of the Service;
(14.) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to AdcomUSA.com in connection with the Service;
(15.) agree not to re-sell or assign Your rights or obligations under this Agreement;
(16.) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(17.) will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of AdcomUSA.com, which consent may be withheld by AdcomUSA.com in our discretion;
(18.) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(19.) agree not to create an account or use AdcomUSA.com services if Your account previously has been terminated by AdcomUSA.com or if You previously have been banned from using the services; and
(20.) agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, AdcomUSA.com personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that You provide do not reflect the views of AdcomUSA.com, its officers, managers, owners, employees, agents, designees or other users. In addition, AdcomUSA.com retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. AdcomUSA.com may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, AdcomUSA.com may seek any and all other remedies available to it, including: (1) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (2) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
17. DISCLOSURE OF INFORMATION
As AdcomUSA.com continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
18. TERM AND TERMINATION
The initial term of this Agreement will be defined in Your membership Plan, and will continue for automatic subscription renewals thereafter until termination by either party in accordance with the terms of this Agreement.
AdcomUSA.com may, for any reason in its sole discretion, immediately terminate this Agreement, Your account and Your access to the Service. If AdcomUSA.com merely terminates Your account for its convenience and You are not in breach of this Agreement, AdcomUSA.com will refund Your membership fees on a pro rata basis from the date of such termination to the end of the then current term.
Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
19. MODIFICATION OF TERMS AND CONDITIONS
AdcomUSA.com will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.AdcomUSA.com). You will receive notice if modifications to the Agreement are made. AdcomUSA.com will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
20. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
AdcomUSA.com reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that AdcomUSA.com will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that AdcomUSA.com may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that AdcomUSA.com has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that AdcomUSA.com has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.