Effective Date: Effective upon the date of submission

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Welcome to OptimalCare Leads ("Company," "we," "us," or "our"). This Membership Agreement and Terms of Service ("Agreement") governs the use of our lead generation services by healthcare providers ("Provider," "you," or "your"). By signing up for and using our services, you agree to the terms and conditions outlined below.

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1. Payment Terms for Leads

1.1 Lead Pricing

• The price for each lead will be determined at the time of purchase. Introductory rates may be offered to early members and will be clearly communicated. These rates may change as the business grows, with regular pricing applying to new members thereafter.

• Prices may vary based on factors such as demand, geographic location, and service type.

• Providers will be notified of the lead price before completing the transaction.

1.2 Billing and Payment

• All payments are due upon receipt of the invoice. Payments must be made through the methods specified on the platform (e.g., credit card, bank transfer).

• Late or unpaid invoices may result in the suspension or termination of your account.

1.3 Adjustments to Pricing

• We reserve the right to adjust lead pricing at our discretion. Notice of pricing adjustments will be provided via email or our website.

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2. Refund and Replacement Policy

2.1 No Refunds

• Payments for leads are non-refundable. Once a lead has been purchased, it cannot be returned or refunded.

2.2 Replacement Policy

The Company may provide a one-time replacement for a lead classified as a "no-show," subject to the following conditions:

• Evidence of Attempted Contact
  The Provider must furnish substantiating documentation demonstrating bona fide efforts to contact the lead, including:

  • Call Logs: Records detailing call durations, timestamps, and follow-up attempts.

  • Email Documentation: Verifiable evidence of email correspondence, including delivery receipts, response records, or voicemail timestamps.

• Submission Deadline
  Replacement requests must be submitted within fourteen (14) days of the lead being provided. Requests submitted beyond this timeframe will not be considered.

• Discretionary Review
  The Company reserves the sole right to approve or deny any replacement request at its discretion. The Company’s determination in such matters shall be final and binding.

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3. Provider Responsibilities

3.1 Contacting Leads

Providers are required to make reasonable and verifiable efforts to contact leads promptly after receiving their information. This includes:

• Making multiple attempts through appropriate communication channels.

• Maintaining clear records of outreach efforts, such as call durations, timestamps, and email exchanges, to demonstrate genuine engagement.

Failure to meet these requirements may result in the forfeiture of eligibility for replacements or other benefits.

3.2 Compliance with Laws

Providers must comply with all applicable federal, state, and local laws and regulations, including but not limited to:

• Patient confidentiality.

• Anti-discrimination laws.

• Telemarketing regulations.

Leads must not be used in a manner that violates any laws or regulations, or in ways deemed unethical or fraudulent.

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4. Disclaimers and Limitations of Liability

4.1 No Guarantee of Conversion

• The Company makes no guarantees that the leads provided will result in appointments, sales, or other successful outcomes. Conversion of leads is the sole responsibility of the Provider.

• The effectiveness of leads depends entirely on the Provider’s follow-up efforts, client engagement strategies, and ability to convert leads into patients or clients.

4.2 Limitation of Liability

To the fullest extent permitted by law:

• The Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our services, even if advised of such possibilities.

• The Company’s total liability for claims arising under this Agreement shall not exceed the total amount paid by the Provider for leads in the six months preceding the claim.

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5. Termination

5.1 Termination by Provider

Providers may terminate their membership at any time by providing written notice to the Company.

5.2 Termination by Company

The Company reserves the right to terminate or suspend a Provider’s account for violations of this Agreement or applicable laws.

5.3 Survival of Terms

Sections related to payment obligations, disclaimers, liability, and dispute resolution shall survive termination of this Agreement.

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6. Dispute Resolution

6.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

6.2 Arbitration

Disputes arising under this Agreement shall be resolved through binding arbitration in Santa Ana, California, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.

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7. General Provisions

7.1 Amendments

We reserve the right to amend this Agreement at any time. Changes will be effective upon posting to our website. Providers will be notified of significant changes.

7.2 Entire Agreement

This Agreement constitutes the entire agreement between the Provider and the Company concerning its subject matter and supersedes any prior agreements.

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Acknowledgment and Agreement

By checking the agreement box or clicking "Submit," you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

For questions or concerns, please contact us at contact@optimalcareleads.com.