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Terms of Use

These Terms of Use define the terms by which you may use the USMedData.com website ("Website"), and are an agreement between you and USMedData.com ("Company")(the Company and Website are collectively referenced as "we" or "us"). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Use.

We may modify our Terms of Use at any time without notice or in our sole discretion, and any amendments will apply immediately. You should return to this page from time to time in order to ensure that you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of Use. We may at any time modify the Privacy Policy or introduce new policies regarding the use of this Website. Any reference to our Terms of Use includes all such policies.

1. Our Service

Our Company receives data collected by government agencies on physicians and medical practices, which we obtain through the Freedom of Information Act. We synchronize, organize, and arrange this data into a database, and then we grant licenses to portions of the database, which portions are distributed as a digital product.

2. Product

You may download the Licensed Product upon your payment of an up-front license fee. Your license fee will be calculated based on the volume of data that you elect to download from the Website, and will be due and payable upon your acceptance of the terms of the license agreement. Our pricing information is available for viewing at http://www.usmeddata.com/price.php. You may also elect to access our regular updates of the Licensed Product through the purchase of a one-year service contract.

For the purposes of this Agreement, the Licensed Product constitutes the portion of the synchronized, organized, and arranged data which you have selected to download, which will be provided to you in the comma-separated values ("CSV") format.

The download of the Licensed Product is governed by the End User License Agreement.

3. Registration

In order to access many of the features of this Website, you will need to register and create an account. When you register, you will be asked to provide your full name, an email address, your password, a phone number, and a confirmation code that you will see on the registration page. Registration, as well as the ability to use this website, is completely free.

All information provided by you in your registration must be truthful and complete. We may suspend or cancel your registration without notice if we have any reason to believe that this is not the case.

You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.USMedData.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage arising from your failure to comply with this Section 3.

We may suspend or cancel your registration with us at any time without prior warning if you fail to comply with these Terms of Use, without limiting any other remedies to which we may be entitled. Furthermore, if we suspect you to have committed fraud or any illegal activity, we may report you to the appropriate law enforcement authorities.

4. Operation of Website

We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.

If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:

  1. Description of the Incident. The specific sequence of events which generated the incident, and a full description;
  2. Description of Error Message. The exact wording of any error messages, if applicable; and
  3. Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.

We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime.

We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses. We urge you to use reasonable care in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.

We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.

5. Prohibited Uses of the Website

Our Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:

  1. Impersonation; Misrepresentation. Entering into a license with us in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity,
  2. Illegal Activity. Using the service for any illegal purposes, including but not limited to conspiring to violate laws;
  3. Tampering with Website. Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website's infrastructure, servers, data, or network or those of any third party via our Website, or using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari;
  4. Decompiling or Reverse Engineering the Software. Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website;
  5. Copyright Infringement. Aggregating, copying, or duplicating in any manner any of the software making up part of the Website, or infringing in any way the copyright-protected elements of the Website; or
  6. Mining Data or Interfering with the Website. Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;

If you become aware of any inappropriate use, please notify us at our email address at support@usmeddata.com.

6. Intellectual Property

We will retain ownership of all right, title, and interest in all copyrightable material on this Website, including but not limited to the design features, the look and feel, the organization and arrangement, the code, the text, the databases, and all content (collectively, the "Intellectual Property"). You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, or otherwise use for any purpose any portion of our Website for any commercial or non-commercial use without our express written consent as appropriate.

7. Intellectual Property Infringement Complaints

We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:

  1. Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
  2. Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
  3. Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
  4. Contact Information. Your address, telephone number, and email address; and
  5. Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner's behalf, made under penalty of perjury.

8. Eligibility to Use Website

Only adults, who are at least eighteen (18) years of age, are eligible to use our Website, whether for personal use or on behalf of a business. If you are an individual, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use. By using this Website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

9. Limitation of Liability; Consequential Damages

You agree that Company and Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, goodwill, use, lost data, or other intangible losses (even if we have been advised of the possibility of such damages).

Our liability to you shall in no event exceed the total aggregate amount of all license and service fees that you have paid to us in the six (6) month period immediately preceding any claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

10. Warranty; Disclaimer

You warrant and represent that your use of this Website, the Licensed Product, the services, and the data will comply with all applicable state and federal laws, regulations, and guidelines. In addition, your use of this Website and your reliance on any data or information contained herein shall be at your sole risk. Moreover, the Licensed Product is provided on an "as is" basis. WE CAN MAKE NO WARRANTY THAT YOUR ACCESS OR USE OF THE WEBSITE, THE LICENSED PRODUCT, OR ACCESS TO ANY SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, BUG-FREE, ERROR-FREE, VIRUS-FREE, FREE OF DEFECTS, FREE OF TECHNICAL PROBLEMS, THAT THEY WILL MEET ALL OF YOUR NEEDS, NOR THAT ANY DATA THAT YOU ACCESS WILL BE UP-TO-DATE, ACCURATE, COMPLETE, OR OF ANY PARTICULAR QUALITY. WE WILL USE REASONABLE CARE TO PROVIDE UNINTERRUPTED, BUG-FREE, ERROR-FREE, ACCURATE AND COMPLETE SERVICES AND DATA, AND TO MAKE AVAILABLE REGULAR UPDATES OF DATA TO CUSTOMERS SEEKING SUCH UPDATES. WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, GUARANTEES, OR REPRESENTATIONS WITH RESPECT TO THE WEBSITE, THE LICENSED PRODUCT, THE SERVICES, AND THE DATA, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS ON THE WEBSITE CAN OR WILL BE CORRECTED OR THAT THE LICENSED PRODUCT OR SERVICES WILL BE PERFORMED ON A BUG-FREE, ERROR-FREE, CONTINUOUS OR UNINTERRUPTED BASIS. YOU ASSUME ALL RISK OF LOSS OR DAMAGE TO YOUR COMPUTER EQUIPMENT.

11. Release of Claims

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Company and the Website and our officers, members, managers, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature arising from or in any way related to the Company's Services. If applicable, you waive your rights under California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

12. Indemnification

By using this Website, you agree to indemnify, defend, and hold harmless Company and this Website, our officers, members, managers, employees, independent contractors, representatives, agents, and other visitors against any third party claim arising from or in any way related to your use of this Website, the Licensed Product, the Database, or the data contained therein, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.

13. Miscellaneous

We reserve the right to discontinue this Website and our services at any time in our sole discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach , nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties' intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

14. Governing Law; Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in Pennsylvania by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators' fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator's award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney's fees. All claims you bring against Company or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys' fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

15. Contact Us

In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at support@usmeddata.com.

16. Effective Date.

These Terms of Use were last modified on 02/25/2011.