Terms & Conditions

Legal Considerations
In using our website to contact us for the purpose of purchasing products or services, you are implicitly agreeing to these terms & conditions. Integrated Medical Data makes every effort to validate the accuracy of its lists. However, we cannot guarantee 100-percent accuracy. We always strive to work with responsible third parties to minimize the likelihood of low-accuracy lists but we cannot guarantee the accuracy of lists obtained from third parties. We will, however, work within the framework of third party warranties & guarantees to obtain an equitable pro-rated credit for inaccuracies that can be independently verified and fall below industry standards.

Limits of Liability for Usage of Integrated Medical Data Products & Services
Integrated Medical Data cannot guarantee the success of delivery or outcome of any mailing. In order to qualify for a refund, you must forward to us within 30 days of invoice date the undeliverable pieces for identification and verification. Our guarantee does not apply to mailings after 30 days of invoice date, duplicate mailings, or to brokered lists. It also does not apply to lists purchased for telemarketing, fax and email. Integrated Medical Data does not accept responsibility for third-party delivery platform performance.  It is the End User’s responsibility to utilize an appropriate delivery platform for rented lists.  When re-use or multiple uses of lists is requested, the Integrated Medical Data undeliverable guarantee will not apply. Integrated Medical Data is not liable for any other damages or losses incurred through the use products & services provided. In no event shall Integrated Medical Data’s liability exceed the invoice cost of services provided.

Usage Restrictions
Lists are rented for one-time mailing use unless otherwise noted in a contract and schedule of deliverables. Lists are seeded and usage is tracked. Unauthorized re-use of lists without the prior agreement of Integrated Medical Data will be invoiced at twice the agreed rental price of the original list. Multiple usage and other usage terms may be negotiated and will be permitted only if authorized in a formal license agreement.

Limits of Liability for Third-Party Lists
Integrated Medical Data will not be liable for any losses or damage claims resulting from the use of products and services brokered by Integrated Medical Data. Under no circumstances shall our liability exceed the invoice cost of services rendered and products sold. No warranty is made with respect to lists obtained from third parties other than assignment to of whatever warranty is made by the third party and provided to us. We are not liable for any other damages or losses incurred through the products & services provided.

Compliance with Laws
It is a violation of both Federal and/or State laws to transmit an unsolicited advertisement to a facsimile machine or email address. Any person violating such laws may be subject to civil and criminal penalties. Integrated Medical Data provides Licensed Data for lawful purposes only and expressly forbids the use of the Licensed Data in an improper or unlawful manner. As Integrated Medical Data is simply a provider of the data, the responsibility rests with Client to insure that their actions are in compliance with applicable Federal and State laws. Integrated Medical Data has NOT processed the Licensed Data against State or Federal “Do Not Call” lists. This processing is the responsibility of the Client. Integrated Medical Data is not liable for any fines, penalties, settlements, or legal judgments levied against the Client for improper or illegal use of phone, fax or email data. Client shall comply with all applicable federal, state and local laws, statutes, rules, regulations and ordinances (“Laws”), including, but not limited to, privacy, data protection and direct marketing Laws and Laws concerning facsimile and email transmissions, during the term of this Agreement.

In addition to the foregoing, Client agrees that any and all use of Licensed Data by Client will and shall be in compliance with all applicable Federal and state laws, including without limitation the United States CAN-SPAM Act of 2003, as amended from time to time (“CAN-SPAM Act”), and with Client’s own privacy policies. In connection with Client’s use of Licensed Data to send electronic mail messages, including without limitation, email, mobile service messages (SMS), instant messaging, or other types of electronic messages, Client further agrees that Client’s foregoing compliance obligations include, but are not limited to: (1) not using forged, false or misleading header information; (2) not using false or misleading subject lines; (3) including the sender’s physical postal address; (4) clearly identifying the e-mail message as an advertisement; (5) providing a legally compliant opt-out notice with a functioning opt-out mechanism via e-mail or the Internet which is operational for at least thirty (30) days after sending the message; (6) honoring opt-out notices within ten (10) business days of receipt of each opt-out request; and (7) not sending electronic messages with sexually oriented materials of any kind. In the event that Integrated Medical Data consents to the assigning, reselling, sharing, renting, or otherwise transferring of Licensed Data, Client agrees that the foregoing compliance obligations include, but are not limited to, not assigning, reselling, sharing, renting or otherwise transferring the e-mail addresses of recipients who have opt-ed out of receiving e-mail messages. Client AGREES NOT TO ASSIGN, SELL, SHARE, RENT OR OTHERWISE TRANSFER LICENSED DATA TO OR WITH ANY PERSON OR ENTITY WHICH DOES NOT AGREE, IN WRITING, TO USE LICENSED DATA IN COMPLIANCE WITH ALL APPLICABLE STATE AND FEDERAL LAWS, INCLUDING THE CAN-SPAM ACT, AND WITH ITS OWN PRIVACY POLICIES. Client agrees to fully indemnify, defend, and hold harmless Integrated Medical Data, its clients, owners, officers, directors, partners, members, managers, employees, agents, subsidiaries, affiliates, and their respective successors and assigns, from and against any and all claims, actions, suits, proceedings, damages, fines, penalties, liabilities, settlements, costs and expenses (including reasonable attorney’s fees, expert witness fees, and other related expenses and costs) arising from or related to Client’s violation or alleged violation, or the violation or alleged violation of any person or entity to whom Client may have sold Licensed Data, of the CAN-SPAM Act. If Client fails or will fail to take any such action to indemnify, defend, and hold harmless Integrated Medical Data, then Integrated Medical Data may reasonably take such action, and Client shall and will reimburse Integrated Medical Data for any and all costs and expenses incurred from such action, including without limitation attorney’s fees and expert witness fees. In the event that Integrated Medical Data determines in its sole discretion that Client has violated any provision of the CAN-SPAM Act or Client’s own privacy policy, Integrated Medical Data reserves the right to terminate Client’s account status immediately and without the repayment of Fees. In the event that Integrated Medical Data takes such action, Client may obtain a written explanation of the reasons behind the cancellation if explanation is requested from Integrated Medical Data within 48 hours of notification of cancellation.

General Exclusion of Liability
Other than as set forth above, Integrated Medical Data makes no other warranties, express of implied regarding products & services rendered. In no event shall Integrated Medical Data be liable for lost profits, or any direct, indirect, incidental, special or consequential damages, whether foreseeable or unforeseeable. In no event shall our liability exceed the invoice cost of products & services rendered.

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