MarTech.Health Directory Terms of Use

1. ACCEPTANCE OF TERMS

This website, https://martech.health/, (the “Site”) provides, subject to these terms of use (“TOU”), a collection of online resources, including information about vendors in the healthcare marketing technology industry. By accessing or otherwise using the Site in any way, you have agreed to comply with the TOU and have entered into a legally binding contract with Ed Bennett, LLC, a Maryland limited liability company (“MarTech.Health Directory”). In addition, when using any particular feature of the Site, you agree to abide by any applicable posted guidelines for the particular feature, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.

“You” and “your” refers to you, a user of the Site. A “user” is any individual, entity, or group that accesses, browses, crawls, scrapes, or otherwise uses the Site, such as registered vendors, registered reviewers, and other users. “We,” “us,” and “our” refer to MarTech.Health Directory.

2. GENERAL OPERATION OF THE SITE

This Site allows registered healthcare marketing technology vendors to post information about their businesses, registered reviewers to post reviews and ratings about the vendors, and all users to view the information, reviews, and ratings. Before a vendor’s information is published publicly on the Site, we verify the vendor by determining that there is evidence that the vendor has actually done business with healthcare organizations. We permit display of ratings and reviews published by anonymous reviewers, and, subject to a court order, we will not disclose any information about reviewers who have chosen to publish anonymously. 

Reviewers shall not provide false information about themselves when registering with the Site and shall not post false reviews or ratings about the vendors to the Site. Vendors acknowledge that they may receive positive or negative reviews and ratings of their businesses. All users acknowledge that we have no obligation to screen, monitor, approve, or review any ratings or reviews of vendors or other information about vendors. 

We do not adjudicate or otherwise attempt to resolve disputes between vendors and reviewers. As a vendor, if you disagree with a review or rating, you may post a response to the review or rating on the Site or remove your company from the Site as a vendor. 

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site, and we neither adopt nor endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information posted on the Site. 

3. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter the TOU at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these TOU on a regular basis to keep apprised of any changes.

4. ELIGIBILITY FOR USE

MarTech.Health Directory reserves some parts of the Site exclusively for registered users who MarTech.Health Directory, in its sole discretion, deems acceptable. Although we attempt to limit the use of these parts of the Site to registered users, nothing herein shall create any right of action against MarTech.Health Directory for failing to adequately screen potential users or prevent use of the Site by users who are not registered users.

5. CONTENT

You understand that all messages, posts, comments, responses, reviews, ratings, files, images, photos, video, sounds, advertisements, or other materials (“Content”) posted on, transmitted through, or linked from the Site are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email, or otherwise make available via the Site. Likewise, if you request the assistance of MarTech.Health Directory to post content, or if you imply consent that we may post content on your behalf, either by written or oral means, or you fail to inform MarTech.Health Directory that content should be removed, you are equally responsible for the content. You waive any and all claims against MarTech.Health Directory related to the right of publicity in your image or likeness throughout the world by posting any information or pictures related to yourself on the Site. You understand that MarTech.Health Directory does not control, and is not responsible for Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. 

When you post Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will MarTech.Health Directory be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise made available via the Site. You acknowledge that MarTech.Health Directory does not pre-screen or approve Content, but that MarTech.Health Directory shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content that is available via the Site, for violating the letter or spirit of the TOU or for any other reason. 

6. THIRD PARTY CONTENT, WEBSITES, AND SERVICES

MarTech.Health Directory and Content available through the Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of MarTech.Health Directory, including websites, directories, servers, networks, systems, information, databases, applications, software, programs, products, and the Internet as a whole. Your interactions with organizations or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any such third parties. We do not guarantee the quality, safety, or legality of any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. 

You agree that MarTech.Health Directory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Site. If there is a dispute between users of the Site, or between users and any third party, you understand and agree that MarTech.Health Directory is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release MarTech.Health Directory, its members, partners, directors, officers, employees, agents, successors, and assigns from any claims, demands, or damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site.

7. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) by email to our agent for notice of claims of copyright or other intellectual property infringement at:

support@martech.health

Please include the following with your Notice:

• The identity of the material on the Site that you claim is infringing, in sufficient detail so that we may locate it on the Site;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your address, telephone number, and email address;
• A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
• Your physical or electronic signature.

8. PRIVACY AND INFORMATION DISCLOSURE

MarTech.Health Directory may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by our Privacy Policy, which you accept by accessing or using the Site.

9. CONDUCT

You agree not to post, email, or otherwise make available Content:

• that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
• that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Site;
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
• that falsely states or otherwise misrepresents your affiliation with a person or entity;
• that includes personal or  identifying information about another person without that person’s explicit consent;
• that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch;”
• that infringes any patent,  trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisements;
• that constitutes or contains any form of advertising or solicitation if posted in areas of the Site that are not designated for such purposes;
• that is emailed to MarTech.Health Directory users who have not indicated in writing that it is ok to contact them about other websites, products, or commercial interests;
• that includes links to commercial services or other websites, except as specifically permitted;
• that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
• that contains software viruses or any other computer code, files, or programs designed to interrupt,  destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Site or that otherwise negatively affects other users’ ability to use the Site;  or
• that employs misleading email addresses, forged headers, or otherwise manipulated identifiers in order  to disguise the origin of Content transmitted through the Site.

Additionally, you agree not to:

• contact anyone who has asked not to be contacted;
• “stalk” or otherwise harass anyone;
• collect personal data about other users of the Site for commercial or unlawful purposes;
• use automated means, including spiders,  robots, crawlers, data mining tools, or the like to download data from the Site, unless expressly permitted by MarTech.Health Directory;
• post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
• post the same Content in more than one classified category or forum;
• attempt to gain unauthorized  access to MarTech.Health Directory’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or other products and services offered by MarTech.Health Directory; or
• use any form of automated technology that enables the submission of Content on MarTech.Health Directory without such Content being manually entered by the author thereof, including without limitation, the use of any such automated technology to submit Content in bulk or for automatic submission of    Content at regular intervals.

10. POSTING AGENTS

A “Posting Agent” is a third-party agent, Site, or intermediary that offers to post Content to the Site on behalf of others. To moderate demands on MarTech.Health Directory’s resources, you may not use a Posting Agent to post Content to the Site without express permission or license from MarTech.Health Directory. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Site to facilitate posting Content on behalf of others, except with express permission or license from MarTech.Health Directory.

11. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to MarTech.Health Directory email addresses or through MarTech.Health Directory computer systems is expressly prohibited by these TOU. Any unauthorized use of MarTech.Health Directory computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

12. PAID POSTINGS

We may charge a fee to post Content in some areas of the Site. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Site is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Site for violating the TOU.  Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.

13. LIMITATIONS ON SITE

You acknowledge that MarTech.Health Directory may establish limits concerning use of the Site, including the maximum number of days that Content will be retained by the Site, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Site, and the frequency with which you may access the Site. You agree that MarTech.Health Directory has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that MarTech.Health Directory reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that MarTech.Health Directory shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

14. ACCESS TO THE SITE

MarTech.Health Directory grants you a limited, revocable, nonexclusive license, without the right of sublicense, to access the Site for your own personal use. This license does not include: (a) access to the Site by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by MarTech.Health Directory. We grant a limited exception to part (b) above to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. 

MarTech.Health Directory does not permit you to display on your website, or create a hyperlink on your website to individual postings or account pages on the Site, absent express written permission granted by MarTech.Health Directory to do so. You may create a hyperlink to the home page of MarTech.Health Directory, so long as the link does not portray MarTech.Health Directory, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

Use of the Site beyond the scope of authorized access granted to you by MarTech.Health Directory immediately terminates your permission to use the Site. In order to collect, aggregate, copy, duplicate, display, or make derivative use of the Site or any Content made available via the Site for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from MarTech.Health Directory that has been signed by one of our authorized representatives.

15. TERMINATION OF ACCESS TO SITE

You agree that MarTech.Health Directory, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if MarTech.Health Directory believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that MarTech.Health Directory shall not be liable to you or any third-party for any termination of your access to the Site. Further, you agree not to attempt to use the Site after said termination. 

All provisions of these TOU which by their nature should survive termination shall survive the termination of your access to the Site, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

16. PROPRIETARY RIGHTS

The Site and all Content provided thereon is protected to the maximum extent permitted by copyright laws and international treaties, including as a collective work and/or compilation. Any reproduction, distribution, creation of derivative works based upon, public performance, or public display of the Site or any Content provided thereon is prohibited without the express written consent of MarTech.Health Directory. This includes vendor ratings and reviews, private messages and any other communications between site users.  You further agree to abide by any and all copyright notices displayed on the Site.  You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. MarTech.Health Directory, as well as certain other of the names, logos, and other Content displayed on the Site, constitute trademarks, trade names, service marks, or logos (“Marks”) of MarTech.Health Directory or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with MarTech.Health Directory or those other entities.

By posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to MarTech.Health Directory an irrevocable, perpetual, non-exclusive, royalty free, fully paid, worldwide license to reproduce, distribute, create of derivative works based upon, publicly perform, or publicly display any such Content and to grant and authorize sublicenses (through multiple tiers) of the any of foregoing rights. Furthermore, by posting Content to any public area of the Site, you automatically grant MarTech.Health Directory all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content by anyone for any purpose.

17. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER WEBSITES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

18. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MarTech.Health Directory HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER WEBSITES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

19. INDEMNITY

You agree to indemnify, defend, and hold MarTech.Health Directory, its members, partners, directors, officers, employees, agents, subsidiaries, affiliates, successors, and assigns harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post, or otherwise make available through the Site, your use of the Site, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

20. GOVERNING LAW, JURISDICTION, VENUE

These TOU and our Privacy Policy are governed in accordance with the laws of the State of Maryland without regard to its conflicts of law principles. Any adversarial proceeding arising out of these TOU or our Privacy Policy must be brought in the federal or state courts in Baltimore, Maryland, and the parties consent to personal jurisdiction in the State of Maryland.

21. GENERAL INFORMATION

The TOU, and any additional terms to which you agree when using particular features of the Site, constitutes the entire agreement between you and MarTech.Health Directory and governs your use of the Site, superseding any prior agreement between you and MarTech.Health Directory. The failure of MarTech.Health Directory to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22. VIOLATION OF TERMS AND DAMAGES

Please report any violations of the TOU by sending an email to the contact information listed below.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Notwithstanding any other provision of the TOU, MarTech.Health Directory retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.

23. FEEDBACK CONTACT INFORMATION

We welcome your questions and comments. Please contact us by e-mail at: 

support@martech.health