Terms & Conditions

These Terms and Conditions (these “Terms”) govern the use of BestDoctors.com and its related sites (the “Site”) as supplied by Best Doctors, Inc. (“Best Doctors”). Use of the Site constitutes your acceptance of these Terms. If you do not agree to these Terms, you should immediately cease all use of and access to the Site. For the avoidance of doubt, these Terms do not apply to password protected portions of the Site, and references in this document to Site will not include these password protected portions.

The Site describes various services provided by Best Doctors, Inc. (e.g., INTERCONSULTATION, FINDBESTDOC, FINDBESTCARE, ACUMATCH, CATCARE, LEGACY, and other services in which Best Doctors offers authoritative clinical information on specific medical conditions). All of these services are collectively referred to as “Services”. These Terms do not govern the Services. To the extent you wish to procure these Services, you must contact Best Doctors and negotiate a separate agreement that governs these Services (any such agreement is referred to as a “Negotiated Agreement”).

As part of our Services, Best Doctors may provide you with medical related information. Except as otherwise agreed in our Negotiated Agreement, it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information we provide in connection with the Services.

As part of our Services, Best Doctors may also provide you with the names of doctors from our Best Doctors in America® database or other available sources. This database consists of practitioners who have been recommended by their peers. Inclusion of a physician in our database does not constitute an endorsement of or warranty relating to the services of that physician except as otherwise provided in a Negotiated Agreement.
 

Ownership of Intellectual Property

The information and material located on this Site is the property of Best Doctors (© 1998 -2010 Best Doctors, Inc., One Boston Place, 32nd Floor, Boston, MA 02108) and its licensors. We worked hard and spent significant resources to put this information together, and we hold all rights to it, including all US and international copyrights. No commercial use of this information may be made without the express written permission of Best Doctors, Inc.

BEST DOCTORS, THE STAR-IN-CROSS LOGO, INTERCONSULTATION, FINDBESTDOC, FINDBESTCARE, and THE BEST DOCTORS IN AMERICA are trademarks or registered trademarks of Best Doctors, Inc. in the United States and other countries.

Best Doctors, Inc. owns the exclusive rights to prepare, distribute and sell plaques and other commemorative materials which bear the BEST DOCTORS and THE BEST DOCTORS IN AMERICA trademarks. Please note that the unlicensed performance of any such acts by a third party would constitute infringement of Best Doctors, Inc.’s trademark rights.

Except for making a single hard copy print of the copyrighted information from the Site (excluding password protected segments) for personal use, or downloading the material for personal use, Best Doctors’ information may not be reproduced, transmitted, distributed or displayed, without the express consent of Best Doctors. Best Doctors’ trademarks may not be used or reproduced in any fashion without the express written consent of Best Doctors.

Website Policy

As part of the normal maintenance and operation of our web site, Best Doctors may also passively collect some information from you through the use of cookies and web beacons and other similar means. A “cookie” is a small file that is stored on a user’s computer for record-keeping purposes. Cookies may be placed on your computer by Best Doctors or by third parties that provide content on the Site (e.g., advertisers, business partners, etc.). “Web beacons” are similar to cookies and can be used to monitor a user’s activities. Best Doctors may use web beacons to monitor the number of people using the Site, the number of people opening e-mails sent from us, or other such data. This type of information (including your domain type and your IP address), help Best Doctors tailor your experience on the Site. While you visit the Site, Best Doctors collects click information (data reporting the categories or sections of the Site that you have visited). Best Doctors retains this information so that the next time you visit the Site, Best Doctors can provide you with personalized information specific to your interests.

As noted above, some of our business partners, including advertisers, may also use cookies. Please note that Best Doctors has no access to or control over these cookies. This Web Site Policy covers the use of cookies provided by Best Doctors only and does not cover the use of cookies by any third parties.

Our web site is not for children, and we do not intend to collect information from minors. If we learn that we inadvertently have collected personal identifying information from a child under the age of 13, we will promptly delete that data from our systems and databases.

Other than in connection with a sale of all or a part of our business, your information will never be sold to any third party, for any purpose. We will never share or use your personal information for any purpose without an express written consent from you.

This policy covers information collected from the non-password protected portions of our website. If you provide information in connection with any negotiated agreement with Best Doctors, that information will be subject to that agreement.

Disclaimers and Limitations

This Site may provide links to other Internet sites. These links are provided only for your convenience. Best Doctors is not related to the owners of those sites, is not responsible for the availability or content on these external sites, nor does Best Doctors endorse, warrant or guarantee the products, services or information described or offered at these other Internet sites. You access such materials at your own risk. Best Doctors has no control over and accepts no responsibility whatsoever for such materials.

The obligations created by these Terms can be changed only by Best Doctors. We may modify these terms from time to time by placing a notice of such modification in a clearly marked area, and your continued use of the Site following notice of such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the area regularly to determine whether these provisions have been modified. If you do not agree to any modification of these provisions, you must immediately stop using the Site.

In the event that any portion of these conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the disclaimers and the remainder of the provisions shall remain in full force and effect. Best Doctors’ failure to insist upon or enforce performance of any provision hereof shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any of these provisions. These provisions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, and any action brought in connection with the use of the Site or the services offered at the Site shall be brought in Massachusetts.

THE INFORMATION AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER BEST DOCTORS NOR ANY OF ITS AFFILIATES MAKES ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR THROUGH THE INTERNET GENERALLY; AND UNDER NO CIRCUMSTANCES WILL BEST DOCTORS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY SERVICES OR ANY PARTS THEREOF, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR ANY FAILURE OF PERFORMANCE. NEITHER BEST DOCTORS NOR ITS AFFILIATES WARRANTS THAT THE USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.