Last Updated: January, 02 2020
Note: The Site may provide content relating to medical and healthcare products and services but does not provide medical advice. The Site 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 the Site.
TO USE THE SITE, YOU MUST BE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT AND NOT BE PROHIBITED FROM USING THE SITE BY THE LAWS OF THE JURISDICTION FROM WHICH YOU ACCESSED THE SITE.
2. YOUR ACCOUNT
You may only create and hold one account on the Site for your personal use, and you are responsible for updating and correcting information you have submitted to create or maintain your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone engaging in transactions through your account is you. You further understand and agree that you are solely responsible for any activity that occurs under your account, and that we shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account.
The Site may permit you to make purchases without an account or without logging in to your account. If you make a purchase without an account or without logging into your account, we may create an account for you based on the personal information provided to us in connection with the transaction (e.g., your name, address, e-mail address, and other transaction information).
3. ACCESS TO AND USE OF THE SITE
We retain the right, at our sole discretion, to deny use of the Site to anyone at any time and for any reason. You understand and agree that there may be interruptions in Site access, or access to your account, due to circumstances both within our control, such as routine maintenance, and outside of our control. While we use reasonable efforts to keep the Site accessible, the Site, and your account may be unavailable from time to time.
As a condition of your use of the Site, you agree that:
(ii) You have reached the age of majority in the state or province in which you reside, and are able to create a binding legal obligation;
(iii) You are not barred from receiving products or services under applicable law;
(iv) You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
(v) You will only make purchases on the Site for your own personal use and enjoyment or as a gift for another person;
(vi) You have the right to provide any and all information you submit to the Site, and all such information is and shall be accurate, true, current, and complete;
(vii) You will update and correct information you have submitted to the Site and ensure that it is accurate at all times, and acknowledge that out-of-date information will invalidate your account; and,
(viii) You agree that Merchant Offers will only be purchased through the Site by creating an account on the Site
(ii) use the Site in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(iv) reproduce, duplicate, copy, modify, sell, re-sell or exploit any part of the Site for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of AD, which consent may be withheld by us in our sole discretion;
(v) submit irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
(vi) harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with AD and any of the Site, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
(vii) submit any content that is otherwise unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; or that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Site; or that harass, degrade, intimidate or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; or that suggest a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics); or that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
(viii) knowingly provide or submit false or misleading information, or submit any content that has the effect of impersonating others;
(ix) use the Site if you are under the age of eighteen (18);
(x) attempt to gain unauthorized access to the Site, other user accounts, or other computer systems or networks connected to the Site;
(xi) use the Site in any way that could interfere with the rights of AD or the rights of other users of the Site;
(xii) submit any content that includes personal or identifying information about another person without that person’s explicit consent;
(xiii) attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server used by AD and/or any of the Site, by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Site user;
(xv) transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site;
(xvi) access, download, monitor, or copy any information contained on our Site through artificial means of any kind (including but not limited to use any ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any part of our Site, Site materials, documents or information through any means not purposely made available through the Site; or
(xvii) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on or of the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, or any other customer of AD, including any AD account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by AD and provided for by the Site;
5. SUBMITTING USER CONTENT
The Site may allow users and visitors opportunities to post content (“User Content”) to the Site through services and facilities that may be offered on, through or in connection with the Site from time to time. As a condition of submitting any User Content or other materials to the Sites or Services, you agree that:
(i) you grant to AD a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, sell, reproduce, copy, post, adapt, modify, merge, distribute, or publicly display your User Content, create derivative works from such User Content, and/or incorporate such User Content into other works; grant to AD all rights necessary to publish or refrain from publishing your name and address in connection with your User Content; sublicense through multiple tiers the User Content, and acknowledge that this license cannot be terminated by you once your User Content is submitted to the Site;
(ii) you grant to AD all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your User Content by any other party;
(iii) your name and report information may be made available to the public and to the Merchants on which you rate, review and/or report;
(vi) you are solely responsible for your reviews and ratings;
(vii) AD may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
(viii) you will not submit any reviews that may be considered by us to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
(ix) all of your reviews and ratings will either be based upon, (i) your actual first-hand experiences with the Merchants you are reviewing, or (ii) as provided 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;
(x) all of your reviews and ratings of the Merchants that you are rating will be accurate, honest, truthful, and complete in all respects;
(xi) you do not work for, own any interest in or serve on the board of directors of, any of the Merchants for which you submit reviews and ratings;
(xii) you are not in any way related (by blood, adoption or marriage, if the Merchant is an individual) to any of the Merchants for which you submit reviews or ratings;
(xiii) you have not received any form of compensation to post reviews and ratings;
(xiv) you will submit thorough and thoughtful reviews of the Merchants you review;
(xv) you will not submit reviews that comment on other users or the reviews of other users;
(xvi) the reviews and ratings that you provide do not reflect the views of AD, its officers, managers, owners, employees, agents, designees or other users.
We cannot and do not guarantee the accuracy, integrity, quality or appropriateness of any User Content transmitted to or through the Site. You acknowledge that we simply act as a passive conduit for the publication and distribution of User Content. You understand that User Content posted on, transmitted through or linked through the Site, are the sole responsibility of the person from whom such User Content originated. You understand that we do not control, and are not responsible for User Content made available through the Site, and that by using the Site, you may be exposed to User 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 User Content.
You agree that we may establish general practices, policies and limits, which may or may not be published, concerning the use of the Site, 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 Site in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any User Content or other materials maintained or transmitted by or through the Site. You agree that we have the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
6. THIRD PARTY CONTENT, SITES, AND SERVICES
The Site and any content available through the Site may contain features and functionalities that may link you or provide you with access to third party or Merchant content (the term “Content” as used herein includes where applicable any third party or Merchant content) which is completely independent of AD and its Site, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties or Merchants. We do not guarantee the quality, safety or legality of, any such content, the truth or accuracy of the descriptions of any products or services offered for sale, the right of any third party or Merchant to sell or license any such products or services, or the ability of any buyer to purchase any such products or services.
You agree that AD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Site, or dealing between users of and Merchants. If there is a dispute between users of the Site, or between users and any third party or Merchant, you understand and agree that AD is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release AD, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Merchants found on or through the use of the Site, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we will not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Merchants on our Site.
7. PRIVACY AND INFORMATION DISCLOSURE
8. TRADEMARKS AND COPYRIGHTS
The SITE, and all other Site graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of AD in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all content and material made available on the Site is protected by copyright law. Aside from User Content, all other materials and other information on the Site, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of AD and/or its licensors and are protected by all United States and international copyright laws.
9. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to AD’s agent for notice of claims of copyright or other intellectual property infringement, by email to: email@example.com.
Please include the following with your Notice to our agent: (i) the identity of the material on our Site that you claim is infringing, in sufficient detail so that we may locate it on the website; (ii) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (iii) your address, telephone number, and email address; (iv) a statement by you declaring under penalty of perjury that, (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and (v) your physical or electronic signature.
10. NO SPAM POLICY
11. LIMITATIONS ON SERVICE
You acknowledge that we may establish limits concerning use of the Site, including the maximum number of days that User Content will be retained by any of the Site, the maximum number and size of postings, email messages, or other User Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by any of our Site. You acknowledge that we reserve the right at any time to modify or discontinue any of the Site (or any part thereof) with or without notice, and that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
12. TERMINATION OF SERVICE
13. WARRANTIES AND DISCLAIMERS
You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to or use the Site; what effects any User Content on or in connection with the Site may have on you; how you may interpret or use any User Content on or in connection with the Site; or what actions you may take as a result of having been exposed to any User Content on or in connection with the Site. You release us from all liability for you having acquired or not acquired content or information through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. We make no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assume no responsibility for any errors or omissions therein.
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS AND USE OUR SITE IS AT YOUR OWN RISK. THE SITE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS, INCLUDING ANY MERCHANTS, SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM OUR NEGLIGENCE OR OMISSION, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE. IN NO EVENT WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS, INCLUDING ANY MERCHANTS, BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL WE LIST OR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, WE DO NOT REPRESENT OR WARRANT THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, MERCHANT OFFERS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE USED TO PROVIDE THE SITE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE WARRANTY LIMITATIONS HEREIN ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY US THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.
WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
We have no control over and no duty to take any action regarding: other users’ behavior; what effects User Content may have on you; how you may interpret or use User Content; or what actions you may take as a result of having been exposed to User Content. You release us from all liability for you having acquired or not acquired User Content through the Site. We make no representations concerning any User Content, including the accuracy thereof, contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
The Site may display links to other Internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Further, you are solely responsible for your interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, you hereby release us from any and all claims or liability related to any product, service or promotion of a Merchant, regardless of whether such products, services or promotions are Merchant Offers available through the Site, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offer or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.
15. LIMITATION OF LIABILITY
c. If you use computer programming routines that are intended to aggregate records or reports from the Site or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Site, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
19. DELAYS AND ACCESSIBILITY
21. ENTIRE AGREEMENT
22. GOVERNING LAW
23. TERMS OF SALE
25. CONTACTING US