Terms of Service & Data Licensing Agreement

1. Acceptance & Eligibility

By accessing our website, submitting an inquiry or sample request, or purchasing any data compilation, data enrichment, or verification service from eHealthcareLists, you (“Customer,” “User,” “you,” or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy.

You represent and warrant that:

• You are at least 18 years of age and possess the legal capacity and commercial authority to enter into these binding Terms.
• If you represent a corporate entity, partnership, or enterprise organization, you have the full legal authority to bind that entity to these Terms.
• Your use of our Services is strictly for lawful business, commercial marketing, recruitment, sales enablement, clinical research, or analytics purposes.

2. Services & Healthcare Data Scope

eHealthcareLists provides authoritative business-to-business healthcare marketing databases, data appending, and contact hygiene solutions across 100+ clinical specialties, 50 US states, and major international markets. Our solutions include:

• Physician & Surgeon Email Databases: Direct business email addresses, clinical postal addresses, direct telephone lines, and hospital affiliations for licensed MDs and DOs.
• NPI Appending & Verification Services: Automated enrichment and cross-referencing with official NPPES registry files, verifying Type 1 (Individual) and Type 2 (Organization) NPI identifiers.
• Healthcare Executive & Facility Intelligence: Comprehensive B2B directories covering hospital systems, ambulatory surgery centers (ASCs), urgent care clinics, long-term care, diagnostic laboratories, and pharmacy chains.
• Allied Health & Specialized Practice Directories: Contact intelligence covering nurse practitioners (NPs), physician assistants (PAs), registered nurses (RNs), physical therapists, dentists, and mental health practitioners.
• Data Validation & Hygiene: Multi-step verification combining automated SMTP handshake verification, syntax hygiene, domain MX validation, and suppression file processing.

3. Commercial License & Permitted Uses

Upon receipt of full payment for your ordered dataset, eHealthcareLists grants you a perpetual, non-exclusive, non-transferable, revocable commercial license to use the delivered business contact records for your organization’s internal business operations, including:

• Direct B2B email marketing, sales prospecting, telemarketing, and postal direct mail campaigns.
• Healthcare recruitment, executive placement, and locum tenens talent sourcing.
• CME (Continuing Medical Education), clinical trial patient/investigator recruitment, and medical research outreach.
• Account-Based Marketing (ABM) and targeted B2B advertising campaigns on approved platforms (e.g., LinkedIn Ads, Google Customer Match).
• CRM and marketing automation database enrichment within your internal corporate systems.

4. 95% Deliverability SLA & Replacement Policy

eHealthcareLists stands behind the quality of our medical contact intelligence with an industry-leading 95% Deliverability Guarantee:

5. Regulatory Compliance Obligations

Customer represents, warrants, and covenants that all marketing communications, solicitations, and outreach utilizing records provided by eHealthcareLists will strictly comply with all applicable local, state, federal, and international privacy, telecommunications, and anti-spam legislation, including:

• CAN-SPAM Act of 2003 (United States): Every commercial email must include accurate header information, clear identification that the message is an advertisement, a valid physical postal address of the sender, and a conspicuous, functional opt-out/unsubscribe mechanism that is honored within ten (10) business days.
• Telephone Consumer Protection Act (TCPA) & TSR: Any telemarketing or SMS outreach must comply with TCPA guidelines, national and state Do-Not-Call (DNC) registry requirements, and established business relationship exemptions.
• CASL (Canada Anti-Spam Legislation): All commercial electronic messages directed to Canadian recipients must comply with CASL consent requirements and statutory message disclosures.
• GDPR (General Data Protection Regulation): Marketing to professionals residing in the European Economic Area (EEA) or United Kingdom must satisfy lawful basis requirements (such as documented Legitimate Interests under Article 6(1)(f) alongside comprehensive balancing assessments) and provide frictionless opt-out mechanisms under Article 21.
• CCPA / CPRA (California Consumer Privacy Act): Customer must respect opt-out preferences and data subject privacy rights of California residents.

6. Advertising Platform Compliance (Google, Meta, LinkedIn)

When utilizing business contact data or audience matching features on third-party commercial advertising networks—including Google Ads (Customer Match), Meta Ads (Custom Audiences), and LinkedIn Marketing Solutions (Matched Audiences)—Customer is solely responsible for ensuring compliance with each network’s specific terms of service and advertising guidelines:

• Customer must upload only authorized business contact identifiers and utilize first-party data hashing protocols (e.g., SHA-256) as mandated by each advertising network.
• Customer shall not use our B2B healthcare contact lists to target consumers based on sensitive personal health status, medical conditions, prescription history, or protected personal demographics.
• Customer must maintain a transparent, publicly accessible privacy policy on their landing pages disclosing ad pixel tracking, remarketing cookies, and user opt-out mechanisms.

7. User Responsibilities & Prohibitions

Customer agrees not to misuse, exploit, or distribute the Services or licensed data products in any prohibited manner. The following actions are strictly forbidden:

• Reselling & Redistribution: Sublicensing, reselling, renting, leasing, distributing, publishing, or making available our raw database records to any third party, list broker, data marketplace, or public forum without our explicit written agreement.
• Competing Services: Using the data to develop, train, benchmark, or enhance any commercial data broker product, directory service, or competing database offering.
• Malicious Activities: Using the data or our platform to send phishing attempts, fraudulent communications, deceptive advertising, malware, or unlawful solicitations.
• Credit or Insurance Scoring (FCRA): Using any data from eHealthcareLists as a factor in establishing an individual’s eligibility for credit, insurance, employment, or housing under the Fair Credit Reporting Act (FCRA).
• Scraping & Extraction: Using automated scripts, scrapers, bots, or extraction utilities to mine data from our website or systems without prior authorization.

8. Orders, Delivery & Payment Terms

a. Order Confirmation & Delivery

Orders placed via ehealthcarelists.com or through custom quote proposals are processed upon payment confirmation. Standard compiled files are delivered in standard digital formats (CSV, Microsoft Excel/XLSX) via secure, encrypted digital download links or direct transmission within agreed-upon turnaround windows (typically 2 to 24 hours depending on custom segmentation depth).

b. Payment & Currency

All prices are quoted and payable in United States Dollars (USD) unless explicitly stated otherwise in a formal proposal. Payment must be made via authorized payment methods, including major corporate credit cards, ACH transfers, wire transfers, or pre-approved corporate purchase orders.

c. Digital Goods & Refund Policy

Due to the custom-compiled, proprietary, and digitally reproducible nature of commercial database files, all sales are final once custom file generation and digital delivery have occurred. We do not offer cash refunds for delivered datasets; instead, client satisfaction and quality assurance are fully guaranteed through our 95% Deliverability SLA and 14-Day Bounce Replacement Policy detailed in Section 4. If an order cannot be fulfilled due to technical impossibility on our end, a full refund will be issued.

9. Intellectual Property Rights

All copyrights, database rights, trade secrets, trademarks, taxonomy frameworks, algorithms, software, website designs, and compilation rights in and to eHealthcareLists’ databases, website, and promotional materials are and shall remain the exclusive proprietary property of eHealthcareLists and its licensors.

No ownership rights in the underlying databases or compilation methodology are transferred to Customer under these Terms. Customer receives only the limited commercial use license specified in Section 3.

10. Warranties & Disclaimers

eHealthcareLists warrants that it compiles and verifies its healthcare datasets using commercially reasonable standards, utilizing multi-step verification including NPI registry matching, state licensing board validation, and automated SMTP hygiene.

EXCEPT FOR THE EXPRESS 95% DELIVERABILITY GUARANTEE SET FORTH IN SECTION 4, OUR SERVICES AND DATA PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EHEALTHCARELISTS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT MARKETING CAMPAIGNS EXECUTED WITH OUR DATA WILL PRODUCE SPECIFIC SALES REVENUE, CONVERSIONS, OR COMMERCIAL OUTCOMES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL EHEALTHCARELISTS, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, BUSINESS INTERRUPTION, REPUTATIONAL DAMAGE, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES, WEBSITE, OR DATASETS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CIRCUMSTANCES, EHEALTHCARELISTS’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR ANY DATA PURCHASE SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO EHEALTHCARELISTS FOR THE SPECIFIC DATA PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS PRECEDING THE EVENT.

12. Indemnification

Customer agrees to defend, indemnify, and hold harmless eHealthcareLists, its officers, directors, employees, affiliates, and licensors from and against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from:

• Customer’s breach of these Terms, including failure to comply with CAN-SPAM, TCPA, CASL, GDPR, or CCPA regulations in executing marketing campaigns.
• The content, creative materials, claims, or offers transmitted by Customer in connection with their outreach campaigns.
• Any unauthorized sharing, distribution, or resale of licensed data files by Customer or its agents.

13. Governing Law & Dispute Resolution

These Terms and any dispute or controversy arising out of or relating to them or our Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice of law or conflict of law principles.

In the event of any dispute, the parties agree to first attempt to resolve the issue informally through good-faith discussions for a period of at least thirty (30) days. Any unresolved dispute arising under these Terms shall be settled by binding confidential commercial arbitration administered by the American Arbitration Association (AAA) in New Castle County, Delaware, in accordance with its Commercial Arbitration Rules.

14. Modifications to Terms

We reserve the right to amend, update, or revise these Terms at any time to reflect operational, legal, or regulatory changes. When updates are published, we will revise the “Effective Date” at the top of this page. Continued access or use of our website or Services following the posting of amended Terms constitutes your agreement to the updated Terms.

15. Corporate Contact & Support

If you have questions, compliance inquiries, or need assistance regarding these Terms of Service or our healthcare data solutions, please reach out to our corporate compliance team:

Frequently Asked Questions (FAQs)