Terms of Use, Conditions and Privacy Policy for My.SuperDoctors.com

This Web site (the "Web Site") is a service made available by MSP Communications ("Provider"). All content and information made available on and through the Web Site ("Content") may be used solely under the following terms of use, conditions, and privacy policy ("Terms of Use"). Your use of the Web Site constitutes your acceptance of the Terms of Use.

1. Web Site License. As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.
2. Limitations on Use. You may use the Web Site for your personal informative use only, and may not use the Content for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. You may not use any network monitoring or discovery software to determine the Web Site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Web Site or the Content without Provider's prior written permission. You may download and print a single copy of any Content for your own personal use for information purposes only. You may not otherwise copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit, public or private purposes any portion of the Web Site. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. You may not remove, disable, defeat or change any functionality or appearances of the Web Site. You may not remove the copyright or trademark notice from any Content. You may not use the Web Site for gathering information for or transmitting unsolicited commercial e-mail, unsolicited commercial telephone calls, unsolicited commercial facsimile transmission or any other form of unsolicited commercial communication. You may not use the Web Site for any illegal purpose. Any unauthorized use of the Web Site or its Content is prohibited.
3. Not Medical Advice; Use at Own Risk. Content contained on or made available through the Web Site is not intended to and does not constitute medical advice or recommendations and no doctor-patient relationship is formed. Provider is not a hospital or medical provider and the Web Site is not a doctor referral service. Provider does not receive any doctor's or clinic's/hospitals fees for medical services and any arrangements made between you and any doctor or clinic/hospital are strictly between you and such party and do not involve Provider in any way. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on the Web Site or materials linked from the Web Site is at your own risk.
4. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You acknowledge that the Content and Web Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You acknowledge by using the Web Site that all Content is the property of provider and that provider owns all rights, including copyrights, in and to the Content.
5. No Solicitation. You will not distribute on or through the Web Site or to any person or entity identified thought the Web Site any content or material containing commercial solicitations or advertising of any kind without the written consent of Provider. You may not solicit for commercial purposes, other than to seek medical services, any doctor or clinic/hospital identified on the Web Site.
6. Advertisers. This Web Site may contain advertising and sponsored Content. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.

7. Privacy Policy. We are committed to protecting our relationship with our readers. To do so, we have created this privacy policy.

   Provider collects aggregate information and personally identifiable information on visitors to the Web Site for use in the course of Provider's business activities, as provided herein. We employ the use of cookies, or small files that our web server will store on your computer to give you an individual ID. This will make it easier for you to use the Web Site during subsequent visits. The use of cookies allows us to customize your experience in the future by enabling us to track how the Web Site is used.

   Users of the Web Site may provide personally identifiable information in connection with compiling profile information as part of the Super Doctors® selection process. Provider may also obtain personally identifiable information from third parties. Provider may use personally identifiable information, whether provided by you or independently obtained by Provider, (i) in the course of the research, voting and selection process for Super Doctors; (ii) to evaluate doctors as part of the Super Doctors selection process; and (iii) in connection with the sale of profiles, advertisements, plaques, certificates or other items or services. The personally identifiable information may include e-mail addresses, work zip code, educational background, professional information, disciplinary actions, criminal history or other similar information, the access code and password used by you to access the Web Site, and individual profile information. Provider will not trade, sell, or otherwise commercially disseminate any personal information, except (i) as part of its business activities or the business activities of an affiliate, including exchanging credit card information with credit card companies; (ii) as part of a professional profile published in connection with any Super Doctors publication or listing; or (iii) in connection with the sale of all or a portion of Provider's business. In addition, Provider may disclose personally identifiable information from time to time to its affiliates to assist in their marketing efforts. For purposes of these Terms of Use, "affiliate" means any company that controls Provider ("Parent"), any company that is controlled by Provider ("Subsidiary"), companies used to maintain and update basic contact information, such as current clinic/hospital, address, etc., or any company that controls or is controlled by any such Parent or Subsidiary. Provider may disclose personally identifiable information when the law requires such disclosure, in response to legal process and law enforcement requests, in connection with billing information for any purchases or other transactions made with a credit card, debit card, or similar instrument, and as necessary to protect the property, interests, and rights of Provider, its affiliates and others.

   At times we may contract with unaffiliated third parties to assist us in managing and maintaining our customer information or Web Site. At no time will we authorize those parties to use your information for any other purpose. Additionally, we may share, rent or sell to third parties aggregate, non-personally identifiable information about visitors to the Web Site, such as how many users clicked on a particular advertisement. Such information does not identify individual users. Except as set forth in this policy, at no time will we disseminate personally identifiable information to unaffiliated third parties.

   Provider will follow commercially acceptable practices to protect the confidentiality of Content in non-public, password protected portions of the Web Site.

   California Civil Code Section 1798.83 permits California residents to request certain information regarding certain disclosure of personal information to third parties in certain circumstances for a business's direct marketing purposes. To make such a request if this section of the California Civil Code applies to you, please send an e-mail to: Support.

8. Submission of Information. The Web Site includes areas in which users may post content and information, including without limitation personal and business profile data, messages, comments, data, text, photos, blogs, graphics or other materials (the "User Content"). You are solely responsible for your use of such areas and use them at your own risk. By using the Web Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Web Site any of the following:

   • User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent, including without limitation any personal profile information, recommendation, endorsement, rating, or review of a doctor with whom you have not had direct, personal experience in a professional medical context or as a patient of such doctor;
   • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law or regulation;
   • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any user Content, you represent and warrant that you have the lawful right to distribute and reproduce such user Content as provided under these Terms of Use;
   • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
   • Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for medical services, medical service providers, or doctor referral services;
   • Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files; and
   • User Content that, in the sole judgment of Provider, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose Provider or its users to any harm or liability of any type.

   Provider takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Provider liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Any use of the Web Site in violation of the foregoing violates these Terms of Use and may result in termination or suspension of your right to use the Web Site. Provider reserves the right to restrict or remove any User Content posted or stored on the Web Site at any time and for any reason without notice.

9. License of Your Content to Provider. By uploading or submitting Content to the Web Site for use, you grant Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. If you post User Content to the Web Site, unless we indicate otherwise, you grant Provider and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Web Site and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these terms of Use and will not violate any rights of or cause injury to any person or entity.

10. Communications You May Receive. Provider may send you the following types of communications:

    • Invitations to balloting events
    • Requests to verify data
    • Announcements of magazine launches
    • Invitations to networking events

    We may also make other promotional information available to you through e-mail. You may elect not to receive certain e-mail communications by checking the appropriate box in the data verification process or contacting us at the address below.

11. Account Registration and Security. As a user of this Web Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Web Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Provider, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide. In addition, you agree not to access or use, or attempt to access or use, the Web Site or any part thereof using the identity or the Registration Data of any person other than yourself.
12. Errors and Corrections. Provider does not represent or warrant that the Web Site or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the Content will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to the Web Site, its features, functionality or Content at any time, including the removal of links or other materials from the Web Site.
13. Third Party Content. Third party content may appear on the Web Site or may be accessible via links from the Web Site. Provider is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site or to such content linked to or from the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Provider.
14. Disclaimer. The Web Site is provided on an "as is" basis. Provider expressly disclaims all warranties, including the warranties of merchantability fitness for a particular purpose and non-infringement. Provider disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or in any way related to a) any errors in or omissions from the Web Site or the Content, including but not limited to technical inaccuracies and typographical errors, b) any third party Web Sites or content therein directly or indirectly accessed through links in the Web Site, including but not limited to any errors in or omissions therefrom, c) the unavailability of the Web Site or any portion thereof, d) your use of the Web Site, or e) your use of any equipment or software in connection with the Web Site.
15. Limitation of Liability. Provider shall not be liable for any loss, injury, claim liability, or damage of any kind resulting from your use of the Web Site or your posting of any personal information (whether publicly available or not) or the posting or disclosure of any information posted by Provider or otherwise stored on the Web Site (whether publicly available or not). Provider shall not be liable for any special, direct, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, doctors' fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the Web Site or the Content or for any third party actions relating to the Web Site or the Content. To the extent the foregoing limitation of liability is prohibited, provider's sole obligation to you for damages shall be limited to $100.
16. Indemnification. You are solely liable for any Content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless Provider from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms of Use, your use of the Web Site, or your violation of any rights of a third party.
17. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to users profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
18. Access to Password Protected/Secured Areas. Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution or be removed or banned from the Web Site.
19. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to Provider's Web Sites and their features.
20. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of Minnesota and any action arising out of or relating to the Terms of Use shall be filed in state or federal court in Minneapolis, Minnesota and you hereby submit to the personal jurisdiction of such courts for the purpose of litigating such action.
21. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Web Site, including the privacy policy, and constitute the entire agreement with respect to access to and use of the Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.
22. Modifications to Terms of Use. Provider may change any of the Terms of Use, including the privacy policy, at any time by posting new Terms of Use on the Web Site. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes
23. For Further Information. If you have any questions about our use of your information or our privacy policy, please contact us:

(T): +1-612-339-7571
E-mail: Support

Mail: MSP Communications
953 Westgate Drive, Suite 107
St. Paul, MN 55114