PLEASE READ CAREFULLY. BY USING THE SERVICE, YOU AFFIRMATIVELY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.
These Terms of Service ("Terms") are a binding agreement between you and Florida Health Family Inc., a Florida corporation ("Company," "we," "us," or "our"). These Terms govern your access to and use of TopOrthoDocs.com and any related content, features, or services (collectively, the "Service").
PLEASE READ CAREFULLY. ACCESSING OR USING THIS SERVICE, YOU AFFIRMATIVELY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS.
"Content" means all text, data, rankings, scores, listings, graphics, software, and materials made available through the Service.
"Sponsored Content" means paid advertising, sponsored listings, or promoted placements labeled as "Sponsored" or "Ad."
"User" means any person who accesses or uses the Service.
2.1 Affirmative Assent. Use of the Service is permitted only after you affirmatively accept these Terms via clickwrap assent.
2.2 Eligibility. You must be at least 18 years old and capable of forming a binding contract.
2.3 Modifications. We may modify these Terms at any time. Material changes will require re-assent where feasible. Continued use after changes constitutes acceptance.
3.1 INFORMATIONAL ONLY. THE SERVICE PROVIDES GENERAL INFORMATION ONLY. IT DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
3.2 NO MEDICAL OR PROFESSIONAL RELATIONSHIP WITH COMPANY. The Service is operated by Florida Health Family Inc., which is not a medical provider. Your use of the Service does not create any physician-patient, provider-patient, professional-client, fiduciary, or other special relationship with the Company.
3.3 NO AGENCY; NO REFERRAL. The Company is not the agent, representative, partner, or employer of any listed physician or practice, and does not provide referrals. The Company does not screen, credential, supervise, or guarantee any provider.
3.4 NO RELATIONSHIP CREATED WITH LISTED PROVIDERS BY USE OF THE SERVICE. Viewing listings, communicating through links, or using Service tools does not itself create a physician-patient relationship with any listed provider. Any relationship with a provider arises only if and when you and that provider separately establish it.
3.5 NO DUTY; NO UNDERTAKING. The Company does not undertake to evaluate, verify, or ensure the quality, competence, licensure, board certification, malpractice history, disciplinary status, availability, pricing, or suitability of any provider, and disclaims any duty to do so.
3.6 EMERGENCIES. IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
4.1 Opinions. Rankings, scores, and descriptors such as "best" or "top" are subjective opinions based on selected data and methodology and are NOT statements of fact, guarantees, or endorsements.
4.2 No Disparagement. The Service does not state or imply that any physician is incompetent, inferior, or unsuitable. Absence from results or a lower ranking is not a statement about quality, skill, or outcomes.
4.3 Variability. Outcomes vary by patient and circumstance. Some studies suggest associations between procedure volume and outcomes in certain contexts, but such associations are not determinative and may not apply to any individual.
5.1 Public and Third-Party Data. Procedure volumes, percentiles, and other metrics are derived from publicly available datasets and third-party sources that may be delayed, incomplete, inaccurate, stale, or corrected after publication.
5.2 WLB Score. The "WLB" score is an aggregated statistical measure derived from Google business ratings and reviews obtained via lawful APIs, normalized by our methodology. It may be missing, inaccurate, stale, or unrepresentative and is not endorsed by Google.
5.3 No Warranty. We do not warrant completeness, accuracy, timeliness, or fitness for any purpose.
5.4 No Duty to Update. We have no obligation to update Content and may change methodology at any time.
6.1 Disclosure. Sponsored Content is paid advertising and is clearly labeled as "Sponsored" or "Ad."
6.2 No Endorsement. Sponsored placement does not imply endorsement, recommendation, or clinical superiority.
6.3 Separation. Sponsored Content may appear above or among organic results.
7.1 Limitations. Physicians may be misidentified, duplicated, missing, retired, relocated, disciplined, or no longer practicing.
7.2 Correction Requests. Physicians may request corrections by contacting savara@toporthodocs.com with documentation reasonably sufficient to support the request. We aim to review within a reasonable time but reserve sole discretion as to whether and how to modify Content.
7.3 No Obligation. We have no duty to publish, verify, maintain, or remove any listing.
The Service may link to third-party websites or include third-party content. We are not responsible for such content and do not endorse it.
9.1 Ownership.
The Service, all Content, rankings, scores, compilations, datasets, methodologies, selection and arrangement of information, text, graphics, software, and underlying structure are owned by Florida Health Family Inc. or its licensors and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws.
9.2 No Transfer of Rights.
Except for the limited license expressly granted below, no rights or licenses are granted to you by implication, estoppel, or otherwise.
9.3 Limited License.
Subject to these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Service and Content solely for your personal, non-commercial informational use.
9.4 PROHIBITED SCRAPING, COPYING, AND REUSE.
YOU MAY NOT, WITHOUT OUR PRIOR WRITTEN CONSENT:
ANY UNAUTHORIZED SCRAPING, COPYING, OR REUSE IS STRICTLY PROHIBITED AND MAY CONSTITUTE COPYRIGHT INFRINGEMENT AND OTHER UNLAWFUL CONDUCT.
9.5 Reservation of Rights.
All rights not expressly granted are reserved.
9.6 Trademarks.
TopOrthoDocs, Florida Health Family Inc., and related names and logos are trademarks of Company. Google and other third-party marks are the property of their respective owners. The Service is not affiliated with or endorsed by CMS, Google, or any government agency.
10.1 Lawful Use. You agree not to use the Service for unlawful, defamatory, harassing, misleading, or infringing purposes.
10.2 Non-Reliance. You agree that you do not rely on the Service as a substitute for professional advice.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. COMPANY'S TOTAL DIRECT LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE CLAIM.
You agree to indemnify and hold harmless Company from claims arising from your use, misuse, reliance on Content, scraping, republication, or violation of these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
14.1 Governing Law.
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
14.2 Binding Arbitration.
Any dispute, claim, or controversy arising out of or relating to the Service or these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect.
14.3 Delegation Clause.
THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT.
14.4 Class Action Waiver.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
14.5 Jury Trial Waiver.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY WAIVE ANY RIGHT TO A TRIAL BY JURY.
14.6 Small Claims Exception.
Either party may pursue an individual claim in small claims court if the claim qualifies and remains in that court.
14.7 Opt-Out Right.
You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing savara@toporthodocs.com with your full name and a clear statement of intent to opt out. Opting out does not affect other provisions of these Terms.
14.8 Venue for Non-Arbitrable Matters.
If arbitration is found unenforceable for a particular claim, exclusive venue lies in the state or federal courts located in Monroe County, Florida, and you consent to personal jurisdiction there.
You acknowledge that unauthorized scraping, copying, or reuse of Content would cause irreparable harm for which monetary damages would be inadequate. Company may seek injunctive or equitable relief, in addition to any other remedies available at law or equity, without posting a bond.
Severability, waiver, assignment, force majeure, entire agreement, headings, and notices apply.