MedicoLeads Terms And Conditions

Terms & Conditions

General terms & conditions for use of the MedicoLeads website, data, and other services

These terms and conditions are a part of the contract which is attached to the ‘Agreement’ and apply to the use/share/download of any data provided by MedicoLeads, or its branches, affiliated companies, or subsidiary companies established in the USA, India, Australia or in any other countries. Please note that these are not listed in this agreement explicitly, and are referred to collectively as ‘data.’

The titles and subtitles here are used for convenience only. All references herein to ‘including’ and variations shall mean ‘including, but not limited to.’

These terms and conditions represent a legal agreement between you (the user) and MedicoLeads and rule your use of the following-

(i) The MedicoLeads website and any related website operated by the same

(ii) Any product or service offered by MedicoLeads; and

(iii) Any information, data, or other materials accessible by you through the website or other means.

By accessing or using any of the data, you acknowledge that you have read, understood, and agree to be bound by and comply with these terms and conditions.

1. Ownership

(i) The term ‘MedicoLeads property’ refers to all software, source code, database, tools, automation scripts, services, software interfaces, computer programs, files, systems, documentation, information, content, graphics, page layouts, site designs, web frameworks, authentication mechanisms and user interfaces utilized or provided by MedicoLeads. It also includes products produced by MedicoLeads, and works of any of the website or websites made by MedicoLeads, any HTML programming providing you with data and any other special programs, scripts, features and functionalities, interfaces and other work products, ideas, concepts, designs or techniques which MedicoLeads may develop, use or rely upon to provide the data to you.

(ii) All MedicoLeads property shall be and will remain the property of MedicoLeads. It is proprietary and covered under all international copyright and patent laws and not to be infringed on by any means or mechanisms explicitly/implicitly/directly or via any other third-party source or mechanisms.

(iii) As between you and MedicoLeads, MedicoLeads shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets, and other intellectual property rights.

2. Products

Use of certain products may be subjected to additional terms and conditions, including but not limited to the payment of a fee. When you register for or use such products, the additional terms and conditions will apply.

3. Limited License

Upon the execution of the agreement and the post-payment, you are granted a personal, nontransferable, and nonexclusive license to use the service or data solely to be used for direct marketing, market research, and customer prospecting purposes. If no usage period is selected, the license’s term shall be for a period of one year. Upon expiration of the agreement, you shall discontinue the use of the service or data and, as requested by MedicoLeads, either

(i) return the data to Medicoleads without retaining any copies, notes, or other information,

(ii) provide a certificate, executed by you, in form and substance acceptable to MedicoLeads, or

(iii) the data or data originating from MedicoLeads should be destroyed in such a manner making it permanently unreadable and unrecoverable.

4. Limitations On Use

(i) Unless specifically authorized in advance in the agreement duly signed and authorized by MedicoLeads, you will not share, sell, transfer or make the data available to any third person or entity. You shall prevent the misuse or unauthorized use of the service or data by any third person or entity.

(ii) You will not name or refer to MedicoLeads or its related entities for your use of the data in any of your advertisements or promotional materials.

(iii) You will not use the data for consumer credit, underwriting consumer insurance, employment, tenant screening, for any other purpose covered by the federal Fair Credit Reporting Act, or for any other purpose not mentioned in the Agreement.

5. Your Responsibilities; Use of Email Data; Review and Audit by MedicoLeads

(i) Your use of the data shall comply with all applicable federal, state, local and foreign laws, statutes, rules, and regulations, including laws regarding telemarketing, email and facsimile marketing, customer solicitation, and all applicable guidelines of the Direct Marketing Association. If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines.

(ii) You will not transmit any information, data, images, or other materials that are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene, or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party.

(iii) You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

(iv) You will not violate or attempt to violate the security of any of the data or site, including:

  • logging in to a server or account that you are not authorized to access
  • attempting to scrape, extract, test, scan, probe, or hack the vulnerability of the site or any network used by the site
  • attempting to interfere with the site by overloading, flooding, pinging, mail bombing, or crashing it

(v) You will not reverse engineer, decompile or disassemble any portion of the data or site; or

(vi) You will not ‘scrape’ information from the site, or use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search any portion of the site, other than the search engine and search agents.

(vii) You shall: 

  • provide true, accurate, current, and complete information about yourself in the registration form or any signup or similar form on the site; and
  • update this information to keep it true, accurate, current, and complete.


(viii)
You will not violate any applicable international, federal, or state laws, regulations or rules or any securities exchange requirements that violates the U.S. CAN-SPAM Act of 2003 or the Canadian Anti-Spam Legislation;

(ix) Your use of any email data will comply with all applicable laws, including the CAN-SPAM Act, COPPA, and any state registered laws.

(x) MedicoLeads reserves the right to review your use of the data to ensure compliance with this agreement. Any failure to review such use will not constitute acceptance. Upon at least 3 days’ notice, MedicoLeads may audit your records to determine whether you are in compliance with the agreement. You will make available to MedicoLeads or its representatives all records necessary for the conduct of the audit.

6. Restrictions

(i) You will not develop or derive ways for commercial sale of any data or other information in any form, including individual’s contact information or multiple contact information, that you may be granted access to through MedicoLeads. Without the prior written consent of MedicoLeads, you may not transfer or disclose any data or other information to anyone else. You will use the site for commercial purposes after registering and paying the applicable fees. You shall not use the services in a commercial service bureau environment including the export of information to third parties in any form whatsoever. You shall use the Services solely for personal and/or internal purposes, subject to the limitations set forth in the U.S. CAN-SPAM Act of 2003 and the Canadian Anti-Spam Legislation.

(ii) You may not modify, copy, distribute, display, publish, license, create derivatives, transfer or sell any data or other information, except that you may store, print, and/or email personal or company summaries of information required for your personal use, provided it is in compliance with the terms.

7. Submissions

(i) You are solely responsible for the accuracy of the content of any submission you make to the database through your participation in MedicoLeads exchange or any other similar program. MedicoLeads reserves the right but does not assume any obligation to delete messages or other content that MedicoLeads, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

(ii) MedicoLeads does not want to receive confidential or proprietary information from you except for what is or would be publicly available under applicable copyright usage provisions; or is free and publicly accessible. Any information or material submitted by you to MedicoLeads through MedicoLeads Exchange will be deemed NOT to be confidential. By sending MedicoLeads any information or material, you grant MedicoLeads a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferrable, licensing right and sub-licensing right. You also agree that MedicoLeads is free to use any ideas, concepts, know-how or techniques, mechanisms, designs, and such that you send us for any purpose. You further agree to indemnify, defend and hold MedicoLeads harmless from any liability arising due to the use or distribution of any such material or information.

8. Provision and Change to Services

(i) MedicoLeads may make improvements or changes in the data at any time without notice.

(ii) MedicoLeads shall not be responsible for any failure to remove, or delay in removing harmful, inaccurate, unlawful, or objectionable content originating with or provided by third parties.

(iii) MedicoLeads will use reasonable commercial efforts to protect the integrity of data collected by you and stored on the website. However, MedicoLeads shall not be liable for any loss or damage resulting from total or partial loss or corruption of your data. MedicoLeads recommends that you periodically back up your information and web summaries.

(iv) MedicoLeads will use reasonable commercial efforts to provide services on a 24/7 basis but it shall not be responsible for any disruption, regardless of length.

9. Termination

The term of data usage will commence when you first access the data and continue in effect until terminated by either party, provided that your license with respect to particular products may sooner expire. MedicoLeads, in its sole discretion, terminate or suspend your access to all or part of the data for any or no reason and with no prior notice. However, if MedicoLeads terminates for a reason other than your misconduct or breach of these terms, and you have prepaid for data, MedicoLeads will recompense you on a pro-rata basis. You may terminate these terms at any time by discontinuing the use of the data. Upon termination of these terms for any reason, the license will terminate and you shall immediately cease using the data. Any provision that must survive in order to give proper effect to its intent, e.g., indemnity, general, any perpetual or single-use license, limitations on liability, disclaimers, representations, and warranties, etc. shall survive the expiration or termination of these terms.

The website contains links to other websites that MedicoLeads does not operate. DataCaptive is not responsible for the content of these websites.

11. Disclaimer of Warranties

The data is provided on a strictly ‘as-is basis. MedicoLeads does not assure or warrant the correctness, comprehensiveness, or completeness of the data. MedicoLeads disclaims all warranties of any nature, express or implied, including any warranties of merchantability or fitness for a particular purpose. You have 3 days from your receipt of the data to inspect it and notify MedicoLeads of any problems or mistakes in the data. The problem will be corrected at no additional charge to you.

12. Payment and Refund Policy

There are no refunds for any fees paid. Also, fees may vary in the future. The payment is in effect on the date of setting up your service, purchase of Data, or access to the site.

13. Limitation of Liability

MedicoLeads shall not be liable for any claim, demand, loss, liability, damage, injuries, cost, or expense for damage caused by any use of the data or any failure by MedicoLeads to comply with the terms of the agreement. MedicoLeads’ maximum liability will not exceed the amount you paid MedicoLeads under the agreement.

Furthermore,

(i) You will assume all responsibility and risk for your use of the data. Without limitation of the foregoing, MedicoLeads disclaims any warranty that the services shall be uninterrupted or error-free. MedicoLeads does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information available on the site.

(ii) In no event shall MedicoLeads be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with your use of, delay in using, or inability to use the data. MedicoLeads liability for any direct damages shall be limited to the amount of fee you paid for the data. If this limitation of liability or the exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, MedicoLeads maximum liability for any type of damages shall be limited to $100.

14. Privacy

Your use of the data is subject to MedicoLeads Privacy Policy, the provisions of which are incorporated herein by this reference. By using the data, you acknowledge and consent to MedicoLeads Privacy Policy, including collection, use, and disclosure of information.

15. Changes To The Terms

MedicoLeads may modify these terms at any time; however,

(i) such changes will only become effective and binding after MedicoLeads provides notice on the website or information by email that the terms have changed,

(ii) the changes will apply only with respect to your use of the data, and

(iii) any imposition or change of fee obligations will only apply if and when you expressly agree.

If at any time you find these terms unacceptable and do not agree with them, you will have no right to use or access the data.

16. Your Indemnification Of MedicoLeads

MedicoLeads may modify these terms at any time; however,

(i) such changes will only become effective and binding after MedicoLeads provides notice on the website or information by email that the terms have changed,

(ii) the changes will apply only with respect to your use of the data, and

(iii) any imposition or change of fee obligations will only apply if and when you expressly agree.

If at any time you find these terms unacceptable and do not agree with them, you will have no right to use or access the data.

17. Interruption of Service

You acknowledge that given the technical nature of resources temporary interruptions may occur in the provision and delivery of data. Any such interruptions shall not result in MedicoLeads having any liability to you or others and shall not suspend or eliminate your payment obligations or provide you with any refund rights for amounts previously paid.

18. No Assignment by You

You shall not assign your rights or obligations to any other person or entity without the prior written consent of MedicoLeads.

19. Additional Remedy of Termination

For any apparent, threatened or actual breach or violation of the agreement by you, MedicoLeads has the right to terminate the agreement and demand immediate return or destruction of the data.

20. Governing Law and Jurisdiction

The agreement shall be governed by and construed under the laws of the state of California. Any litigation or other dispute relating to or arising under the agreement shall only be brought in the state or federal courts located in Santa Clara County, California. You shall agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.

The prevailing party in any legal action brought by one party against the other shall be entitled, in addition to any other rights and remedies it may have, to reimburse its legal expenses, including court costs and attorneys’ fees.

22. Notices

Notices required or permitted for you personally will be sent to you at the most recent email address on file with MedicoLeads.

23. Payment For Non-Invoiced Products

(i) Payment: You agree to pay MedicoLeads a fee, culminating the fees, charges, and billing terms in effect at the time of signing the agreement. Fees charged are nonrefundable. In the case of subscription products, the subscription term shall be effective for the agreed-upon period, after which the term shall automatically renew for the specified period if any.

(ii) Recurring Billing: Your acceptance of these terms applies your authorization to MedicoLeads to automatically charge from the credit/debit card provided by you. In the case of subscription products, to continue charging from the credit/debit card at the agreed-upon intervals during the term of the subscription. You agree to provide MedicoLeads with complete and accurate billing and contact information and to update that information within thirty (30) days of any change. Failure of the recurring payment process does not absolve your payment obligations.

(iii) Interest Charges: There will be no interest charges on any amounts which you fail to pay when due; however a service charge at the rate of $49.00 a month will be charged and additionally any charges incurred for reporting to the collection and/or for mediation, or any other such charges as may be equal to the maximum rate allowed by applicable law, on the unpaid amount.

24. Entire Agreement; Amendment or Waiver

These terms represent the entire agreement between you and MedicoLeads. Certain data, products, and services provided by MedicoLeads may have additional terms, guidelines, or rules that apply. By using or accessing such data, products, and services, you agree to be bound by those additional terms, guidelines, or rules.

The agreement may only be amended by updated by MedicoLeads. No waiver for any breach of the agreement shall be deemed, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.

The Person or Representative accepting these terms on behalf of each party represents and warrants that he or she has been duly authorized to accept the agreement. The parties agree that these terms shall be effective as of the date accepted by you.

Under the Digital Millennium Copyright Act, if you believe that the Site contains content that infringes on your copyright, please forward the information to [email protected] You will have to include the particulars below for your complaint to be registered

  • Your postal address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

26. Execution; Counterparts

The agreement may be executed in its original, in physical copy, or in electronically transmitted portable document format and it may be executed in any number of counterparts, each of which shall be deemed an original of the same document.