Terms of Use

Thank you for visiting www.bestdoctors.com. These Terms of Use (“Terms”) govern the use of www.bestdoctors.com and its related sites, including all of its mobile applications (collectively “Sites”).  Best Doctors, Inc. (“Best Doctors”) owns and operates the application, tools, and content on the Sites.   Use of any of the Sites constitutes your acceptance of these Terms and the Privacy and Security Notice. If you do not agree to these Terms, you should immediately cease all use of and access to all of the Sites.

Best Doctors is a medical information services company which seeks to improve the quality of health care by connecting individuals (“Members”) with experts and information with the goal of improving the accuracy of diagnosis and the appropriateness of treatment.  Best Doctors provides a set of medical information services, including InterConsultation® and Ask the Expert℠ (collectively referred to as “Services”).  The InterConsultation™ service includes the review and analysis of an individual’s medical history by one or more Best Doctors expert physicians who specialize in, or have in depth knowledge about, the individual’s particular condition (“Best Doctors Expert”).  After review and analysis, the Best Doctors Expert writes a report which outlines the individual’s condition and provides information on diagnosis and treatment plan (“Expert Report”).

Best Doctors and its Best Doctors Experts only provide medical information.  We do not provide medical care, diagnosis, or treatment. No doctor-patient relationship will be created between Best Doctors and a Member or between any Best Doctors Expert and a Member.  

Best Doctors Services are offered solely for the purpose of providing medical information for use by Members and their treating physician(s). The Expert Report may not be used for any other purpose including, without limitation, in any legal or administrative proceedings involving any medical professionals.

The Best Doctors’ Sites further describe Best Doctors Services, and some of the Sites, including password protected portions and mobile applications, allow Members to initiate Services they are eligible for.

Disclaimer

The Sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Best Doctors disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Best Doctors does not warrant that the Sites will be uninterrupted or error-free, that defects will be corrected or that the Sites or the server that makes it available are free of viruses or other harmful components.

Best Doctors will use reasonable efforts to keep the Content timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose.  Best Doctors assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.   

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Prohibited Uses

In using this Site, you agree not to:
  • Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity or affiliation in any way;
  • Restrict or inhibit any person from using this Site, disclose personal information obtained from this Site or collect information about users of this Site;
  • Reverse engineer, disassemble or decompile any section or technology on this Site, or attempt to do any of the foregoing;
  • Gain unauthorized access to this Site, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to this Site;
  • Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through this Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  • Violate any applicable laws or regulations or these Terms;
  • Alter or modify any part of the Materials or services offered on this Site; or
  • Assist or permit any persons in engaging in any of the activities described above.

Intellectual Property Rights and Content

All materials on the Sites, including the design, layout, and organization (collectively referred to as “Content”), are owned and copyrighted by Best Doctors or its suppliers or vendors, and are protected by all applicable intellectual property laws.  The Content contains trademarks, service marks, and registered trademarks of Best Doctors and its licensors. All rights and title to the Content, trademarks and service marks herein remain with Best Doctors or its licensors.

Best Doctors licenses you only to view the site and Content.  You are not authorized to alter, obscure, or remove any copyright or trademark notice present in the Content. All rights not expressly granted herein are reserved to Best Doctors.

You may not reproduce, duplicate, copy, sell, trade, resell, or exploit for commercial gain any portion of the Portal or the Content.  You agree not to change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site.  You may not link to this site.

This Site Contains No Marketing or Advertising

Best Doctors does not market, advertise, or provide commercial sponsorship for the products, goods, or services of any third party and has no financial arrangements with any third party to advertise, market, or provide commercial sponsorship of specific products, goods or services.   

External Links

The Sites may contain links to third-party websites. Linked sites are not under the control of Best Doctors, and Best Doctors is not responsible for the content of any linked site.  Links are provided as a convenience only, and a link does not imply that Best Doctors endorses, sponsors, or is affiliated with the linked site.  Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Best Doctors disclaims any and all liability for any medical and health treatment information set forth on linked sites.

Indemnification and Limitation of Liability

You agree to defend, indemnify and hold Best Doctors, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from your violation of these Terms and Conditions.

IN NO EVENT SHALL BEST DOCTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Best Doctors is not liable to you or anyone else for any decision made or action taken based on use of this Site.

Children

This Site is not intended for children under the age of 13. If you are under 13 years of age, please do not use or access this Site at any time or in any manner. By using this Site, you affirm that you are over the age of 13. Best Doctors does not seek through this website to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.

Choice of Law and Jurisdiction

These Terms and Conditions of Use are governed by the laws of Delaware.  If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.

Termination

If you violate these Terms, your ability to use the Portal will terminate.  Best Doctors may, in its sole discretion, terminate your access to this Portal, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Best Doctors may have available at law. Further, Best Doctors shall not be liable to you or any third party for any such termination or discontinuance.

Modifications to Terms and Conditions of Use

Any modifications made to these Terms will be effective immediately upon posting on the Sites. By accessing or using any of the Sites, you agree to be bound by Terms as posted at the time of your access or use. You agree to review the Terms posted on the Site each time you use the Site so you are aware of any modifications made to the Terms.

The above Terms are effective as of 11/1/15.