Terms & Conditions
Effective Date: [Insert Date]
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These Terms and Conditions (“Agreement”) govern your use of the website operated by OptimalCare Leads (“we,” “us,” or “our”), located at [Insert Website URL] (the “Site”). By accessing or using the Site, you agree to be bound by the terms and conditions outlined herein. If you do not agree to these terms, you must refrain from using the Site.
1. Acceptance of Terms
By accessing and using the Site, you agree to comply with and be bound by these Terms and Conditions, as well as all applicable laws and regulations. If you do not agree to these terms, please immediately discontinue your use of the Site. We reserve the right to modify, amend, or revise these Terms and Conditions at any time. All such modifications shall be effective immediately upon posting to the Site, and your continued use of the Site thereafter constitutes your acceptance of the revised Terms and Conditions.
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2. Purpose of the Website
The Site operates as a platform that connects individuals seeking professional services in the areas of physical therapy, chiropractic care, and acupuncture with qualified healthcare providers (“Service Providers”). Through our pay-per-lead service, we assist businesses in generating leads by providing access to potential clients. You acknowledge that the information provided on the Site is for general informational purposes only and does not constitute professional medical advice.
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3. Eligibility
To access or use the Site, you must be at least 18 years of age and possess the legal capacity to enter into a binding contract. If you are using the Site on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement. You may not use the Site in any jurisdiction where the services offered are not available or legal.
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4. User Accounts and Registration
To access certain features of the Site, you may be required to create an account. You agree to provide true, accurate, current, and complete information during the registration process and to maintain and update such information as necessary. Failure to do so may result in the termination or suspension of your account.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized access to your account or any other breach of security. We are not responsible for any loss or damage arising from your failure to comply with this provision.
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5. Restrictions on Use
You agree to use the Site solely for lawful purposes and in accordance with this Agreement. You specifically agree not to:
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Violate any local, state, or national law or regulation, including but not limited to the laws of the State of California.
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Infringe upon or violate the intellectual property rights of OptimalCare Leads or third parties.
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Transmit any harmful, defamatory, obscene, or otherwise unlawful material via the Site.
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Engage in conduct that could damage, disable, or impair the functionality of the Site or interfere with other users' access to the Site.
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Use the Site to engage in fraudulent activity or to exploit any person, group, or entity.
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6. Pay-Per-Lead Service
The Site offers a pay-per-lead service where users may purchase access to leads for physical therapy, chiropractic, and acupuncture services. By submitting a lead request or purchasing leads, you agree to pay the specified fees as outlined on the Site. Payment processing is handled through third-party services, and you agree to adhere to their respective terms of service.
All payments made for leads are non-refundable unless otherwise specified. OptimalCare Leads does not guarantee the success or effectiveness of any lead, and any lead generated through the Site is provided on an "as-is" basis.
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7. California Consumer Privacy Act (CCPA) Compliance
If you are a resident of California, you have certain rights under the California Consumer Privacy Act (CCPA). The CCPA provides California residents with the following rights:
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Right to Know: You have the right to request information about the categories of personal data collected about you, the sources of that data, the purpose for collecting it, and the categories of third parties with whom it is shared.
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Right to Delete: You have the right to request the deletion of your personal information.
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Right to Opt-Out: You have the right to opt-out of the sale of your personal data to third parties.
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Right to Non-Discrimination: You have the right not to be discriminated against for exercising your rights under the CCPA.
To exercise any of these rights or for more information, please refer to our [Privacy Policy]. We are committed to ensuring that your personal data is handled in accordance with applicable data protection laws, and we will not discriminate against you for exercising any of your rights under the CCPA.
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8. Privacy Policy
Our Privacy Policy governs the collection, use, and disclosure of your personal information and is incorporated by reference into this Agreement. By using the Site, you consent to the practices described in our Privacy Policy, including the collection and sharing of your personal information for the purposes described therein.
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9. Intellectual Property
The Site and all content, features, and functionality provided through the Site, including but not limited to text, images, graphics, logos, trademarks, service marks, videos, and software, are owned by or licensed to OptimalCare Leads and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, display, or create derivative works based on any content from the Site without the express written permission of OptimalCare Leads.
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10. Disclaimers
The Site and all content, materials, and services provided through the Site are provided on an “as-is” and “as-available” basis, without warranties of any kind, either express or implied. OptimalCare Leads makes no representation or warranty as to the accuracy, completeness, or reliability of the content on the Site or any third-party content accessed through the Site.
OptimalCare Leads does not provide medical advice or services. The information available on the Site is for informational purposes only and should not be considered as medical advice or a substitute for professional consultation. Always consult a qualified healthcare provider before making any medical decisions.
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11. Limitation of Liability
To the fullest extent permitted by law, OptimalCare Leads shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use or inability to use the Site, including any damages arising from reliance on any content provided through the Site or services obtained via the Site.
In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount paid by you to access the Site or services during the 12 months preceding the event giving rise to the claim.
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12. Indemnification
You agree to indemnify, defend, and hold harmless OptimalCare Leads, its officers, employees, agents, and affiliates, from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Site, your violation of these Terms and Conditions, or any infringement by you of any intellectual property or other rights of any third party.
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13. Termination
We reserve the right, in our sole discretion, to suspend or terminate your access to the Site without notice for any reason, including but not limited to, your violation of these Terms and Conditions or any unlawful conduct. Upon termination, all rights granted to you under this Agreement shall immediately cease, and you agree to cease all use of the Site.
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14. Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising under or in connection with this Agreement shall be resolved exclusively in the state or federal courts located in Santa Ana, California. You hereby consent to the jurisdiction and venue of such courts and waive any objections to such venue or jurisdiction.
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15. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
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16. Entire Agreement
This Agreement constitutes the entire agreement between you and OptimalCare Leads with respect to your use of the Site and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and OptimalCare Leads.
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17. Contact Information
If you have any questions regarding these Terms and Conditions, or if you wish to exercise your rights under the California Consumer Privacy Act (CCPA), please contact us at:
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OptimalCare Leads
contact@optimalcareleads.com