Communicating on or through the Site
By transmitting any communication to our website (www.consumersadvocate.org) you agree to be bound by the Terms & Conditions located at https://www.consumersadvocate.org/terms and the Privacy Policy located at https://www.consumersadvocate.org/privacy. If you do not agree to these terms and conditions (and subsequent modifications), you should not submit any communication, including comments and reviews, to our website.
We review all comments before they are posted and will not post comments that do not comply with our commenting policy. We may edit comments to remove links to commercial websites or personal information before posting them.
Rights and Expectations
License Grant. By transmitting any communication to our site, you grant ConsumersAdvocate.org an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, and otherwise exploit such communications, together with any personal information transmitted with your communications (such as name, user name and photograph), in all formats and in all media now known or later developed.
Right of Use. In addition to the grant of rights described above, by transmitting reviews to the site, you hereby grant ConsumersAdvocate.org the right to use on the site the user name, identifier, or any portion thereof, and any photograph submitted or otherwise transmitted in connection with such reviews, if ConsumersAdvocate.org chooses to do so.
Waiver of Rights. You hereby waive all rights generally known as “moral rights” in your communications to the extent they can be waived, under any existing or future law of any jurisdiction. If it is determined that you retain “moral rights” (including rights of attribution or integrity) in communications, you agree and warrant that (i) you do not require that any personally identifying information be used in connection with the communications; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the communications on the site in all forms and media and all manners, including composite, digitally changed, enhanced, or distorted representations, for any lawful purpose, including but not limited to, marketing, social media, promotional materials, and any other physical or digital form; and (iii) you forever release ConsumersAdvocate.org, its licensees and its successors and assigns, from any claims that could otherwise assert against them by virtue of any such uses, including any claims for moral rights.
No Expectation of Privacy. You acknowledge and agree that any Communications made to or by means of any site tool are public and you have no expectation of privacy in any such communication. No confidential, fiduciary, contractually implied or other relationship is created between you and ConsumersAdvocate.org by reason of your transmitting a communication to any site tool.
Content Monitoring and Restrictions
Monitoring. ConsumersAdvocate.org reserves the right, but has no obligation, to monitor the site tools and edit, modify or delete any communications or portions thereof which ConsumersAdvocate.org, in its sole discretion, deems in appropriate, offensive or contrary to any ConsumersAdvocate.org policy, or that violate this agreement.
Prohibited Communications. You agree not to upload or distribute to, or otherwise publish through the site or the site tools, any communication which:
- Is for commercial purposes or otherwise advertises or solicits for the sale of goods or services, e.g., sales pitches or promotions;
- Is obscene, indecent, pornographic, profane, sexually explicit, offensive, threatening or abusive, or targets specific groups;
- Constitutes or contains false or misleading indications of origin or statements of fact (clearly misleading or false information);
- Slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
- Causes injury of any kind to any person or entity;
- Infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity right or any other rights of any third party;
- Violates any laws, rules or regulations;
- Contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Impersonates another person or entity, or that collects or uses any information about visitors to the ConsumersAdvocate.org site; or
- Comments that contain personal information such as names, addresses or other sensitive information about an individual, including the person posting the comment.
Agreement Not to Post. When you post comments or use any aspect of the ConsumersAdvocate.org website, you agree not to:
- Attempt to disguise the origin of any content transmitted;
- Act in any manner that could negatively affect other users’ ability to use the site;
- Impersonate any person or entity, including the owner of any product or business, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- Upload, post, or otherwise transmit any content that:
- • Is not relevant to the product, service, person or entity being reviewed or rated;
- • Is not based on personal, first-hand experience or knowledge about the product or service you are commenting on or about;
- • You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, copyright material, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement); or
- • Is unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Your Representations and Warranties. You further represent and warrant that (i) the reviews you submit are original to you and based on personal experience, and (ii) such reviews do and will not, in any way, violate or breach any of the terms of this agreement, and (iii) ConsumersAdvocate.org shall not in any circumstances be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the comment or review.
Content Moderation
Moderating Function. ConsumersAdvocate.org may take any or no action with respect to comments or reviews submitted to the site including, without limitation, deleting, editing, modifying, rejecting or refusing to post such reviews with no notice and at ConsumersAdvocate.org’s sole discretion. ConsumersAdvocate.org may use your first name, geographical location or other identifier to attribute authorship of communications to you. ConsumersAdvocate.org reserves the right to report information from comments to appropriate government agencies if required to do so by a court or law enforcement agency.
Reservation of Rights. ConsumersAdvocate.org reserves the right to (i) screen communications for errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.); (ii) edit, modify, remove or disable access to any content that violates these provisions or that ConsumersAdvocate.org deems objectionable; and (iii) investigate any misuse of the comment tool, or its systems, equipment or network. Without limitation of the foregoing, ConsumersAdvocate.org reserves the right to report any activity or persons (including disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that ConsumersAdvocate.org suspects has violated any law or regulation. ConsumersAdvocate.org may also cooperate with law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.