In using this website, you, on behalf of yourself and any person or entity on whose behalf you access or use this website (collectively, “you” or “your”), agree to be legally bound by the Terms of Use for this website (the “Agreement”), and this Agreement will constitute a contract between you and GoodDoctorBad, Inc. (“Partner”). Partner may amend this Agreement at any time by posting the amended terms on its website, and your continued access to Partner’s website constitutes your acceptance of any changes or revisions to this Agreement. Accordingly, we recommend that you consult the Terms of Use each time you use our website. If you are accessing or using this website on behalf of a person or an entity, you represent and warrant to Partner that you are authorized to accept this Agreement on such person’s or entity’s behalf, and that such person or entity agrees to indemnify you for violations of this Agreement.
You are being granted access to the information contained on this site in order to enable you to review doctors’ by viewing the results of the TexasBestDocs.com’s Data Sets. The “Data Set(s)” may show doctors’ reviews by patients, endorsements by other doctors, and their overall performance, as reported in public disclosures, including Board Actions of the Respective State’s Medical Board. The Data Sets may be compiled from analysis of publicly available measures reported through the Center for Medicare and Medicaid Services Hospital Compare (CMS) and secondary data sources. At no time will the Partner create, evaluate, or change the data that is publicly available. Explanations and FAQ material is taken from our team’s experience and data from trusted sources such as the National Institute of Health, the American Medical Association, and the American Hospital Association. There may from time to time be additions to the information posted in the Data Sets, as more public data is evaluated for use. This is not a comprehensive list of all data available for and of physicians. All Data is as is, and may be incomplete, or the original data may be in error. Consult your state medical authorities for the most up-to-date material. You may use the Data Sets only for your personal or internal, noncommercial, informational use. You may only reproduce, republish, or distribute this website in whole or in part if you cite the pages you gathered the information from with the logo and a hyperlink for that page. Direct reproduction of the method of display is not expressly permitted by this Agreement unless this website is cited with the logo for print or a hyperlink for digital content. Access to this site is subject to the Terms of Use and open to change without notice.
General Terms
- This website may provide access to measurement results and public information in a way that is easily accessible and understandable. You agree to use the website and its contents in accordance with this Agreement. You agree not to disrupt, interrupt, or attempt to interrupt, the operation of the website or any part of it in any way.
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You also agree that you will not:
i. “frame” or “mirror” any part of the website or distribute any part of the website through an RSS or similar feed;
ii. use the information on the website to engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any governmental regulations;
iii. express or imply that any statements you make are endorsed by Partner, GoodDoctorBad, Inc, its affiliates, or its agents;
iv. use any robot, site search/retrieval application/program/device or other manual or automatic device or process to retrieve, index, “mine data” or in any way reproduce or circumvent the structure or presentation of this website or its contents; or
v. harvest or collect information about website visitors. - This website contains links, references, and pointers to other sites on the internet that may be maintained by third parties. Such links do not constitute an endorsement by Partner, its affiliates, or its members of any third-party site or any materials contained therein. Partner, its affiliates, and members are not responsible for and do not control, the availability, accuracy, or privacy policy of such third-party sites or any information, content, products, or services accessible from such sites.
- GoodDoctorBad, Inc provides public information related specifically to Healthcare, and other professional services. Partner does not intend, desire or represent to be a repository of all public data related to Healthcare, or professional services. Selective representation of the data is to provide information most relevant to the most users, but not to provide all data to all users. Users who wish to gain access to the dataset should contact cms.gov or their governing state boards.
- Healthcare providers and professionals may enhance the display of their landing pages, and reporting pages by adding logos, pictures, URLs, or video “material” branding to promote or advertise their services. In doing so the hospital, its agent, parent company, or representative “agent” warrants the rights to licensing of the material and is responsible for the validity and ownership of the content, hyperlinks, and images. Any breach in that authority will result in the immediate removal of any material in breach, with no refund to the agent. All sales are final, and any funds will be reimbursed at the sole discretion of the Partner. Any misrepresentation, deception, or intentional misdirection will be seen as a breach, and removed, with no refund. For any general concerns about material or information contact us through our concerns link and fill out the needed information.
No Healthcare Recommendations
- GoodDoctorBad, Inc is not a referral service and does not recommend or endorse any particular hospital. We strive to provide transparency to the public data available, and feedback from others in the field providing services and receiving them. You should seek and obtain as much information as you feel necessary to make an informed decision prior to using any healthcare or professional services. There are a variety of other sources available for patients, and caregivers you should always seek professionals to consult regarding your healthcare or professional choices.
- You are solely responsible for any and all conclusions, decisions, actions, and understanding of your choice of healthcare or professional services. The information in the Data Sets including text, charts, images, and scores are for informational purposes. The content is not a substitution for professional medical advice. Neither Partners nor its affiliates are responsible for the quality of healthcare or professional treatment, experience, or outcome you receive from any provider, regardless of the Data Sets information. Nothing on this website is intended to deter, postpone, delay, or redirect needed medical care. In using this website, you accept all the responsibility for the exercise of your judgment in your use of the website and the information contained therein. Partner does not recommend, endorse, or encourage patronage of any specific healthcare provider or professional service which may be discussed or identified on the website(s).
- Partner and its affiliates, directors, and representatives licensed or not, disclaim all responsibility and assume no liability for any advice, treatment, or other services rendered by any healthcare or professional service provider, or for any malpractice claims and other claims that may arise from any such advice, treatment or other services.
No Guarantees
- The information in the Data Sets is for consideration and informational purposes only, and in no way does it directly or imply there is a guarantee of experience or outcome for any individual or group. The information we use for the Data Sets is the most current Partner has access to, but may not always be the most current.
- We are not guaranteeing the validity of the information or the source in any way, and are not liable for any misinformation that has been made public. We strive to keep our information as accurate as possible. GoodDoctorBad, Inc may contain technical, typographical, or format errors. There may be other inaccuracies or changes from updates without notice. Any mistakes made will be corrected within a reasonable period of time after being discovered and verified.
- Partner, GoodDoctorBad, or any of its contractors or agents have no responsibility or liability for the information in the Data Sets and the scores displayed. This is all third-party public data for which the originators of that data are responsible. Under SEC. 1140. [42 U.S.C. 1320b–10] it is acknowledged there is no endorsement from any listed entities in SEC. 1140. [42 U.S.C. 1320b–10]. GoodDoctorBad, Inc, and Partner offer information provided by the listed entities free of charge for users. Additional Charges for Premium User services are not for the information which is publicly available, but for the service and software to monitor, track and alert certain listings or to add promotional materials to specific listings for aesthetic enhancement only. At no time is any of the display material an endorsement, inducement, or modification of any of the public data made available from the entities listed in SEC. 1140. [42 U.S.C. 1320b–10].
No Medical Advice
- We do not offer advice regarding the quality or suitability of any particular healthcare or professional provider or for specific treatments and/or health conditions.
- No information on this website should be construed as health or medical advice. When considering any medical care, treatment, procedure, process, test, or evaluation, you should consult a licensed professional in good standing.
Intellectual Property Rights
- As between you and Partner, GoodDoctorBad, Inc and all Intellectual Property Rights (defined below) therein are owned by Partner. You acknowledge that Partner selected, compiled, arranged, and adjusted data and information regarding healthcare or professional providers, and the unique display of this information and the explanations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) do contain material wholly and exclusively original to GoodDoctorBad, Inc. You are not to reproduce, republish, distribute, modify, or otherwise exploit this website in whole or in part, in any manner not expressly permitted by this Agreement and any representation will include copyright or trademark notice, or other notice of ownership as well as the website logo and hyperlink for any pages use. As between you and Partner, the Partner will retain exclusive ownership of GoodDoctorBad, Inc, and the ideas embodied therein, and if you make any modification of the material in violation of this Agreement, you will and hereby do, assign to the Partner all of the credit for displaying the information and will alert all past and future users with notification using the logo and hyperlink.
- You understand and agree that, due to the nature of GoodDoctorBad, Inc website(s) and services, any unrecognized citation, reproduction, or re-publication of the Data Sets and use of any of the displays is likely to be deceptive and cause confusion in the marketplace. Misrepresentation could cause or suggest non-existent sponsorship or endorsement by Partner, and misappropriate Partner’s reputation, goodwill, business opportunities, and revenues. Thus, if you agree to cite (orally, in writing, with our logo, hyperlink, or otherwise), you can reproduce or re-publish the Data Sets without the prior written permission of Partner for non-commercial use.
- All rights not explicitly granted to you and licensees under this Agreement will remain with Partner. Unless explicitly stated herein, nothing in this Agreement will be construed as conferring any license to the Intellectual Property Rights of Partner, whether by estoppel, implication, or otherwise. We actively and aggressively enforce our intellectual property rights to the fullest extent of the law.
- “Intellectual Property” means all intellectual property rights of any kind or nature however represented throughout the world, including, without limitation all copyrights, know-how, registered and unregistered trademarks, registered and unregistered service marks, domain names, registered and unregistered trade names, rights of privacy and publicity, moral rights, and database rights.
- In partial consideration of Partner providing this website, you agree that all Intellectual Property and all ownership of any ideas, modifications, enhancements, improvements, inventions, works of authorship, or any other suggestions you or any of your personnel provide to Partner relating to this website or the Data Sets will be, and are hereby, assigned to Partner and shall be the sole property of Partner.
Linking
- You are granted a limited, non-exclusive right to create a text hyperlink to this website provided such link does not portray Partner, the website, or any of Partner’s other products and services, in any misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. Partners may revoke this limited right at any time.
- You may use the GoodDoctorBad, Inc logo(s) or another proprietary graphic of Partner only to link to this site without the express written permission of Partner for non-commercial use. Further, you may frame, in-line link, or otherwise utilize framing techniques as long as you also enclose the respective GoodDoctorBad, Inc website trademark, and logo(s) when displaying or using proprietary displays of information, including any content found on this website, without Partner’s express written consent for non-commercial use. Except you are not granted any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Partner or any third party displayed on any GoodDoctorBad, Inc websites.
Indemnity and Hold Harmless
- You agree to indemnify and hold each Partner, GoodDoctorBad, Inc, and any agent or contractor appointed by Partner to pursue and enforce its rights and to undertake and fulfill its obligations under this Agreement (“Agent”) and their respective affiliates and all of their respective past, present and future directors, employees, successors and agents and all of their respective successors and assigns, both individually and in their official capacities (collectively “Indemnitees”) harmless from and against any and all liabilities, damages, demands, claims, causes of action, fines or penalties (including, without limitation, court costs and reasonable attorneys’ fees) arising out of or related to the failure of you to fulfill any of your obligations under this Agreement or your use of or access to any GoodDoctorBad, Inc websites.
- You hereby expressly forever release, and discharge Partner, the Agents, and the Indemnitees from, and covenant not to assert against Partner, the Agents, and the Indemnitees any and all causes of action, rights, or claims of any type or description, known or unknown, which may arise in the future in any way resulting from, arising out of or in connection with your use of any GoodDoctorBad, Inc website, or asset. You agree that you are waiving any right that you may have to obtain or receive any monetary damages or other relief of any kind (including but not limited to settlement proceeds) as a result of any action or proceeding brought by you or by any other person or entity on your behalf regarding your use of only of the GoodDoctorBad, Inc websites, and to the extent permitted by law, you agree that you will not seek or accept any monetary damages or other relief of any kind in any such action or proceeding.
Limitation of Liability
- To the extent of the law, Partner, GoodDoctorBad, Inc, and any Agents or affiliates are not, and will not be liable for any damages resulting from the use, viewing, reliance, or education of the Data Sets, explanations, or any other piece or part provided. If there is ever an issue with information, Data Sets, or any other part or piece of a GoodDoctorBad, Inc website, the only course of action or remedy available is to stop the use of the site immediately.
- Partner, GoodDoctorBad, Inc, and any agents or affiliates are not responsible or liable for any damages, loss of business, loss of revenue, or loss of profit either indirect, punitive, incidental, special, consequential, incidental, or exemplary in nature or charge.
- Much of the Data Set information and scores are not created, calculated, controlled, or manufactured by Partner, GoodDoctorBad, Inc, any Agents, or affiliates. The impact of the public display of any of this public information is the sole responsibility of the owners of that information to any extent of the law. No liability is or will be held for Partner, GoodDoctorBad, Inc, any agents, or affiliates even if the results of the display of public information that could have been foreseen, advised, or there could have been any possibility as a result of public distribution.
- Information gathered from Users' feedback for specific listings, is the property of GoodDoctorBad, Inc. and will comply with federal, state, and local laws to the best of our ability. Any material can be displayed at the discretion of the Partner.
Termination, Term, and Ongoing Access
- The Agreement goes into effect on the date and time you first access or use of a GoodDoctorBad, Inc website. Partner may at any time and at its sole discretion terminate this Agreement and your access to and the use of Data Sets, and any GoodDoctorBad, In website without notice and for any. Upon such termination reason, you will cease access to, or use of the GoodDoctorBad, Inc website(s), Data Sets and all of your rights herein will cease and at the request of Partner, you will return or destroy all copies of any such content, including Proprietary Information, in your possession or on any domain, post, links or any other display.
- Rights and obligations under this Agreement which by their nature are intended to survive the termination of your authorization to use any GoodDoctorBad, Inc website(s), and will remain in full effect after such termination, including without limitation those of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10.
General Provisions
- Any express waiver or failure to exercise promptly any right under this Agreement in any particular circumstance does not constitute a waiver of its right to enforce this Agreement in any other circumstance, in any similar circumstance, or in any continuation or repetition of the circumstance in connection with which it has not previously enforced its right. If any part, term, or provision of this Agreement will be held void, illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions will not be affected.
- This Agreement, the rights and obligations hereunder, and any claims or disputes relating thereto will be governed by and construed in accordance with the laws of the State of Texas without regard to the principles of conflicts of laws. Any claim, suit, or action arising under or relating to this Agreement must be brought and maintained exclusively in courts located within the Denton County system of the State of Texas. The parties hereby agree that such courts will have exclusive personal and subject matter jurisdiction over any such claim, suit, or action. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION TO ENFORCE OR DEFEND ANY RIGHT UNDER THIS AGREEMENT OR ANY AMENDMENT, INSTRUMENT, DOCUMENT, OR AGREEMENT DELIVERED OR TO BE DELIVERED IN CONNECTION WITH THIS AGREEMENT OR ARISING FROM ANY RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT, AND AGREE THAT ANY ACTION WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
- This Agreement constitutes the entire agreement between you and Partner relating to this subject matter and cancels and supersedes any prior versions of this Agreement. No modification to this Agreement will be binding against Partner, unless in writing and signed by an authorized Partner representative. You may not assign, sublicense, delegate, or otherwise transfer this Agreement or any right granted hereunder.
- You acknowledge that it will be impossible to measure the damages that would be suffered by Partner if you fail to comply with this Agreement and that in the event of any such failure, Partner will not have an adequate remedy at law. Partner shall, therefore, be entitled in addition to any other rights and remedies to obtain specific performance of your obligations hereunder and to obtain immediate injunctive relief without having to post a bond.