Medical Targets
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Terms of Use

These terms govern your use of medicaltargets.com. Services are provided only under a separately executed written agreement.

Last updated: [DATE — to be set at publication]
Data Services Direct, LLC, a California limited liability company doing business as Medical Targets.

Please read these Terms of Use (“Terms”) carefully before using the website located at https://www.medicaltargets.com and any subdomains (the “Site”), operated by Data Services Direct, LLC, a California limited liability company doing business as Medical Targets (“Medical Targets,” “we,” “us,” or “our”).

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

Section 1

What This Site Is

The Site is an informational and marketing website. We do not sell products or services through the Site, and no purchase can be made on it. Services are provided only under a separately executed written agreement between Medical Targets and a client. Nothing on this Site constitutes an offer capable of acceptance, and no contract for services is formed by using the Site, submitting a form, or scheduling a meeting.

Section 2

Eligibility

The Site is intended for business use by individuals who are at least 18 years old and acting on behalf of a business. It is not directed to consumers seeking aesthetic treatment, and it is not directed to children. We do not knowingly collect information from anyone under 18.

Section 3

Gated Content

Portions of the Site — including field guides, white papers, calculators, and similar materials (collectively, “Gated Content”) — are made available after you submit an email address and other information through a form.

3.1 License

We grant you a limited, non-exclusive, non-transferable, revocable license to download and use Gated Content for your own internal business purposes. You may not republish, resell, redistribute, sublicense, or create derivative works from Gated Content, or remove any proprietary notices from it, without our prior written consent.

3.2 Accuracy of Information You Submit

You represent that the information you submit is accurate and that you are authorized to provide it, including any business email address.

3.3 Communications

By submitting a form, you agree that we may contact you at the email address and telephone number you provide regarding Gated Content and our services. You may opt out of marketing email at any time using the unsubscribe link in any message, or by emailing privacy@medicaltargets.com. Our handling of your information is described in our Privacy Policy.

3.4 No Obligation

We may modify, withdraw, or discontinue any Gated Content at any time and may decline to provide it to any person.

Section 4

Informational Content Only — No Advice

4.1 All content on the Site, including Gated Content, statistics, benchmarks, case examples, illustrative figures, and industry data, is provided for general informational purposes only.

4.2 Nothing on the Site is legal, medical, clinical, regulatory, tax, accounting, financial, or investment advice, and nothing on the Site should be relied upon as such. You should consult qualified professionals regarding your own circumstances before acting on anything you read here.

4.3 Illustrative Figures. Any revenue models, cost-per-consult tables, return-on-investment examples, benchmarks, market statistics, or projections shown on the Site are illustrative only. They are not predictions, guarantees, or representations of results you will achieve. Actual results depend on factors specific to your business.

4.4 Third-Party Data. The Site cites third-party research, industry reports, and survey data. We do not independently verify third-party sources and make no representation as to their accuracy, completeness, or currency.

4.5 Illustrative Examples. Sample maps, sample match lists, example employers, example practices, and similar illustrations in our materials are fictitious and for demonstration only, unless the material expressly identifies them as real. Any resemblance to an actual organization in those illustrations is coincidental.

4.6 Comparative Information. Where we compare our pricing or approach to industry practice, those comparisons are based on publicly available information and industry data as of the date shown with the comparison. Section 4.5 does not apply to comparative information. Third-party pricing and practices change, and we do not undertake to update a comparison between reviews. Nothing in a comparison is a statement about any specific competitor unless that competitor is expressly named.

4.7 Performance Guarantees. Where the Site describes a performance guarantee, that description is a summary. The guarantee is offered only under a separately executed written services agreement, and the conditions, qualifying requirements, definitions, and limits stated in that agreement govern. Summary conditions shown on the Site are material terms, not fine print, and the full terms are provided before signature. No guarantee is created by using the Site. See our guarantee terms.

Section 5

Acceptable Use

You agree not to:

  • use the Site for any unlawful purpose or in violation of these Terms;
  • scrape, crawl, harvest, or use any automated means to access or extract content or data from the Site, except for search-engine indexing consistent with our robots.txt file;
  • attempt to gain unauthorized access to any portion of the Site, our systems, or any account;
  • interfere with or disrupt the Site, including by introducing malware or overloading our infrastructure;
  • reverse engineer any part of the Site;
  • use any Site content to train a machine learning or artificial intelligence model without our prior written consent;
  • submit false, misleading, or third-party information through any form; or
  • use our name, marks, or content in a manner likely to cause confusion or to imply an endorsement or affiliation that does not exist.

We may restrict or terminate your access to the Site at any time, without notice, for any reason.

Section 6

Intellectual Property

6.1 The Site and all of its content — including text, graphics, layouts, design, illustrations, diagrams, photographs, data compilations, field guides, white papers, and software — are the property of Medical Targets or its licensors and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.

6.2 “Medical Targets,” our logo, and our other marks are our trademarks. You may not use them in connection with any product or service without our prior written consent.

6.3 Except for the limited license in Section 3.1, no right or license to any Site content is granted to you, whether by implication, estoppel, or otherwise.

6.4 Feedback. If you send us suggestions or feedback about the Site or our services, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use it without restriction or compensation.

Section 7

Third-Party Links and Services

The Site contains links to third-party websites and services, including scheduling tools and research sources, that we do not own or control. We are not responsible for their content, availability, privacy practices, terms, or accuracy, and we do not endorse them. Your use of any third-party site or service is at your own risk and subject to that third party’s terms. When you schedule a meeting with us through a third-party scheduling tool, your use of that tool is governed by that provider’s terms and privacy policy.

Section 8

Privacy

Our collection and use of information through the Site is described in our Privacy Policy, which is incorporated into these Terms by reference. California residents have specific rights described in that policy.

Section 9

Disclaimer of Warranties

As-is

THE SITE AND ALL CONTENT ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, secure, error-free, or available at any particular time or location; that defects will be corrected; that the Site is free of viruses or other harmful components; or that any content on the Site is accurate, complete, or current. We may change, update, suspend, or discontinue any part of the Site at any time without notice.

Section 10

Limitation of Liability

Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDICAL TARGETS AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT ON IT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

This Section does not apply to the services we provide to clients under a separate written agreement, which contains its own limitations of liability.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Section 11

Indemnification

You agree to defend, indemnify, and hold harmless Medical Targets and its members, officers, employees, contractors, and agents from and against any claim, damage, loss, liability, cost, and expense (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Site, (b) your breach of these Terms, (c) your violation of any law or the rights of any third party, or (d) any information you submit through the Site.

Section 12

Governing Law and Dispute Resolution

12.1 Governing Law. These Terms are governed by the laws of the State of California, without regard to its conflict of laws provisions.

12.2 Binding Arbitration. Any dispute arising out of or relating to these Terms or the Site will be finally resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures, before a single arbitrator, seated in Los Angeles County, California. Judgment on the award may be entered in any court of competent jurisdiction.

12.3 Costs. The non-prevailing party will bear the JAMS filing and administrative fees, the arbitrator’s fees and costs, and the prevailing party’s reasonable attorneys’ fees and costs, as determined by the arbitrator and made part of the award. The party initiating arbitration will advance the filing fee and any required deposits, recoverable as part of the award. If applicable law or the JAMS rules require a different allocation, that allocation applies.

12.4 Small Claims. Either party may bring an individual claim within the jurisdictional limits of the small claims court of Los Angeles County, California, and neither party may compel such a claim to arbitration while it remains within that court’s jurisdiction.

12.5 Class Action Waiver. You and Medical Targets each waive any right to bring or participate in a class, collective, consolidated, or representative action. If this waiver is held unenforceable as to any claim, that claim will be severed and heard in a court located in Los Angeles County, California.

12.6 Injunctive Relief. Either party may seek injunctive or other equitable relief in a court located in Los Angeles County, California to protect its intellectual property or confidential information, without waiving this Section.

12.7 Acceptance. These Terms, including this Section 12, apply to your use of the Site. Where the Site presents a checkbox, button, or similar mechanism indicating agreement to these Terms, your use of that mechanism constitutes affirmative acceptance.

Section 13

Changes to These Terms

We may modify these Terms at any time. If we make a material change, we will post the updated Terms with a revised “Last updated” date and, where practicable, provide notice on the Site at least thirty (30) days before the change takes effect. Your continued use of the Site after the effective date constitutes acceptance of the revised Terms. If you do not agree, stop using the Site.

Section 14

General

14.1 Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will continue in effect.

14.2 No Waiver. Our failure to enforce any provision is not a waiver of it.

14.3 Assignment. You may not assign these Terms. We may assign them without restriction.

14.4 Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and Medical Targets regarding the Site. They do not modify, supersede, or govern any separate written services agreement between Medical Targets and a client, which controls as to the services described in it.

14.5 Survival. Sections 3.1, 4, 6, 9, 10, 11, 12, and 14 survive any termination of your access to the Site.

Section 15

Contact

Questions about these Terms:

Contact
Data Services Direct, LLC d/b/a Medical Targets
2160 Ridgemont Drive
Los Angeles, CA 90046
privacy@medicaltargets.com
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