Best Doctors Terms and Conditions of Use

Thank you for registering on Best Doctors’ Member Portal (“Portal”). This document describes the terms of use governing the Portal in addition to important information concerning privacy and security. Best Doctors, Inc. (“Best Doctors”) owns and operates the application, tools, and content within the Portal, therefore we ask that you read and agree to the following terms of use before we can authorize your access to and use of the Portal.

Best Doctors is a medical information services company which seeks to improve the quality of health care by connecting individuals 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 the InterConsultation™ service (“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.

Use of Content and the Member Portal

All materials on this Portal, including the Portal's 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 circumvent or disable any security measure adopted by the site (including, without limitation, making available any use passwords or access codes issued to others.) You may not link to this site.

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 Portal.

Access Control

It is your sole responsibility to (i) control the dissemination and use of activation codes and passwords; (ii) authorize, monitor, and control access to and use of your user ID and password; (iii) promptly inform Best Doctors of any need to deactivate a password. You grant Best Doctors and all other persons and entities involved in the operation of the site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the 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 Portal may contain links to third-party web sites. Linked sites are not under the control of Best Doctors, and Best Doctors is not responsible for the contents 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. Best Doctors disclaims any and all liability for any medical and health treatment information set forth on linked sites.

Privacy and Security

Certain sections of the Portal contain protected health information (PHI). Best Doctors understands that the privacy and security of PHI is of the upmost importance to you. The PHI Best Doctors collects either from the Portal or outside the Portal, is confidential. Best Doctors uses and discloses PHI only as described in the Member Release Form that you sign when you initiate Services with Best Doctors. Authorized uses and disclosures include for our operations and to provide the Services to you, for example providing information to Best Doctors Experts to perform Interconsultations. It may also include disclosures to your treating physician and to anyone else you authorize disclosure of your PHI.

In order to protect the confidentiality, integrity, and availability of PHI, Best Doctors has adopted many security standards and safeguards. Data transmitted between your browser and the Portal is protected by 128-bit encryption. The verification and login processes established for access to the Portal are in place in order to protect the privacy and security of your PHI.

We use “cookies” to help you better navigate the Portal. A “cookie” is a small piece of information sent by Best Doctors’ web server to store on your Web browser. We use this information to tell if you have been given important messages about the functioning of this site.

Best Doctors also collects basic information about your computer including:

- IP address (your computer’s unique signature) - Operating system (e.g. Windows 8, Mac OS X) - Browser software (e.g. Microsoft Internet Explorer, Firefox) - Internet Service Provider (e.g. AOL) - Geographic location (e.g. Boston, MA) We use this information to continuously enhance the Portal to better serve your needs. We use this information to know what browsers people most commonly use, what pages you go to, what functionality you used and what information you submit.

You must provide us with your email address in order to use the Portal. We will use your email to send you important updates about the Portal as well as notifications when information and documents are added that you need to be aware of, e.g. Member Release Form, Expert Report. We will also use your email address to send you general information about the services available through Best Doctors. In some instances, but not all, you will be able to opt out of receiving emails. Best Doctors does not disclose or sell your email address.

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 reliance upon Content or the Portal.

Choice of Law and Jurisdiction

These Terms and Conditions of Use are governed by the laws of the Commonwealth of Massachusetts. 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 and Conditions of Use, 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 and Conditions of Use will be effective immediately upon posting on the Portal. By accessing or using the Portal, you agree to be bound by all of the Terms and Conditions of Use as posted on the Portal at the time of your access or use. You agree to review the Terms and Conditions of Use posted on the site each time you use the Portal so that you are aware of any modifications made to the Terms and Conditions of Use.

The above Terms and Conditions of Use are effective as of November 1, 2012.