Physician User Agreement

Welcome to Trust Certified LLC (“Trust Certified,” “we” or “us“) and to the Trust Certified Physicians’ website and system (“TC System,” “Site,” or “System”). Trust Certified is in the business of, among other things, helping patients, insurance adjusters, and other payors of medical services (collectively “Payors” or “Users”) identify, select, and communicate with physicians and providers of healthcare. Trust Certified collects data and other information from numerous sources, including physicians and their practices, to improve healthcare by identifying and rewarding providers who are focused on the best health outcomes for their patients. We do this pursuant to the TC System, providing non-medical training, curriculum, guidance, and other support services to healthcare providers who are members of the TC System.

When physicians (collectively, “Healthcare Providers“; also referred to as “Providers” and individually as “You,” “you,” or “Provider”) provide accurate, complete and updated information to us, we are able to provide more accurate and complete information about the Healthcare Providers to potential insurance payors, adjusters, employers, attorneys, patients, etc. who may be seeking medical services (individually or collectively referred to as “Payors”) allowing such Users to make more informed decisions regarding the appropriate Healthcare Provider for their needs. 

Within this TC System, as well as through telephone, facsimile, e-mail,  and other continuous means of communication with us, as well as through our providing various additional or supplemental services, you  agree to provide to us accurate, complete and current information about yourself and your practice including, without limitation, information, background content, your care philosophy, and/or other details about your practice (collectively, “Physician-Provided Material“). You also agree to provide to us specific information relating to case outcomes that are the result of your engagement on this TC System or otherwise may have been facilitated through your membership in Trust Certified. Provider will be required to submit certain data to Trust Certified, but no such data submissions may contain protected health information or any such information that would identify a patient personally.  All data and information submitted by Provider to Trust Certified will be used for the purpose of our providing services to Providers, Payors, and patients.

1. Overview

This Physician User Agreement (“Physician User Agreement“), as it might be revised from time to time, governs among other things (i) your access to and use of this TC System and its related products and services, including all TC System Materials, (ii) your provision of any and all Physician-Provided Material to Trust Certified by any means and at any time (iii) your receiving communications from us with respect to this TC System and related products and services and other Trust Certified products and services, and (iv) your membership in the Trust Certified system. Trust Certified has the right to accept or reject any provider to the TC System in its sole discretion. Provider must alert Trust Certified to any changes in Provider’s license, or any action, actual or pending, that might interfere with either (a) the continuation of Provider’s license in good standing, or (b) Provider’s ability to provide care in a manner consistent with the standards set forth by Trust Certified and/or the TC System.

By clicking “I Agree,” or by otherwise signing and returning this Physician User agreement to us, you are agreeing to accept Trust Certified’s high standards for membership in our System with no assurance of continued membership should Provider violate Trust Certified standards (which are established at the sole discretion of Trust Certified). Exhibit 1 details Trust Certified System Standards (“Systems Standards”) which are an integral component of this Agreement and will be provided to you as Exhibit 1 to this Agreement. This Physician User Agreement constitutes a binding agreement between you and Trust Certified. Please note that we reserve the right, at our sole discretion, to change this physician user agreement from time to time and with proper notice to you. 

PLEASE READ THIS PHYSICIAN USER AGREEMENT CAREFULLY BEFORE USING THIS TC SYSTEM OR SUBMITTING ANY PHYSICIAN-PROVIDED MATERIAL. BY CLICKING ON “I AGREE,” OR BY USING THIS TC SYSTEM OR PROVIDING PHYSICIAN-PROVIDED MATERIAL, YOU, ON BEHALF OF YOURSELF OR YOUR PRACTICE OR ENTITY, AS APPLICABLE, ACKNOWLEDGE AND CONFIRM THAT:

(A) YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS PHYSICIAN USER AGREEMENT;

(B) YOU EITHER ARE THE PHYSICIAN IDENTIFIED IN THE PROFILE ACCESSED THROUGH THIS TC SYSTEM (THE “PROFILE”), OR ARE WORKING WITH THE EXPRESS AUTHORIZATION OF THE PHYSICIAN IDENTIFIED IN THE PROFILE;

(C) YOU OR YOUR PRACTICE OR ENTITY, AS APPLICABLE, AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS PHYSICIAN USER AGREEMENT AND ACKNOWLEDGE THAT THIS PHYSICIAN USER AGREEMENT IS THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN TRUST CERTIFIED AND YOU OR YOUR PRACTICE OR ENTITY, AS APPLICABLE; AND 

(D) IF USING THIS TC SYSTEM ON BEHALF OF YOUR PRACTICE OR AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR PRACTICE OR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THIS PHYSICIAN USER AGREEMENT AND YOU HEREBY DO BIND YOUR PRACTICE OR ENTITY.

2. No Referrals or Recommendations

Trust Certified acts as an intermediary that provides selected information about Healthcare Providers. Trust Certified uses proprietary processes and algorithms to select, compile and make available various Healthcare Providers’ names when requested by Users of the Trust Certified platform. On its Site, Trust Certified makes available information, profiles and materials regarding Healthcare Providers (collectively the “Site Materials“).

You acknowledge and agree that if and when you access, browse or use any portion of the Site and the TC System, or if you use any other Site Materials, then such access, browsing or use is subject to all terms and conditions which can be accessed at https://trustcertified.org/terms-and-conditions/ (“Terms of Use”).

In some instances, Trust Certified may facilitate communications between Users and Healthcare Providers.  Trust Certified charges fees to Healthcare Providers based on its then current published membership fee (annexed as Exhibit 2). In no event are fees paid to Trust Certified based on referral volumes. Such services are available to Trust Certified member Healthcare Providers, subject to compliance with Trust Certified’s registration procedures, System Standards, and Terms of Use.  If you participate in such services, then Trust Certified may facilitate direct communications between Users and you.  

3. Registering and Password Maintenance

If you wish to access and use this TC System, then you must choose a password and/or provide other security information during your completion of this TC System’s registration process. By registering, you represent, warrant and covenant that: 

• you are the physician identified in the Profile, or are expressly authorized to act on behalf of the physician identified in the Profile and are at least 18 years of age; 
• you are using your actual identity and you have provided only true, accurate, complete and current information about yourself and, if you are not the physician him- or herself, the physician during the registration process; and
• you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You may update your information at any time by logging into the TC System and clicking on “Account Log In.”

By logging onto this TC System using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct therein. You are solely responsible for the confidentiality and use of your password and/or security information, as well as for any activities conducted on or through this TC System using your password and/or security information. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password and/or security information at any time and for any reason.

4. License

Within this TC System, Trust Certified makes available certain training modules, statistics and other information and materials (collectively the “TC System Materials“). Upon your Physician User Agreement acceptance, Trust Certified grants you a revocable, non-exclusive, non-transferable, limited license to access and view this TC System and the TC System Materials solely for your non-commercial, view-only, personal use and not for resale, disclosure or distribution to anyone else. All rights not expressly granted to you herein are reserved by Trust Certified; there are no implied licenses under this Physician User Agreement. The license granted to you in this Physician User Agreement is expressly conditioned on your continued compliance with this Physician User Agreement.

5. Ownership

As between you and Trust Certified, all right, title and interest in and to the TC System and TC System Materials, together with all intellectual property rights embodied therein, are the property of Trust Certified, Trust Certified’ affiliates or Trust Certified third party licensors. The TC System and TC System Materials are protected by law, including but not limited to U.S. and international copyright law, trademark law, trade secret law, as well as other state, federal, and international laws, regulations and treaties. Trust Certified does not claim any rights in unaltered government data.

You agree not to engage in any activity that would constitute copyright infringement with respect to the TC System Materials. You acknowledge that the TC System Materials are original compilations (as defined by the 1976 Copyright Act, 17 U.S.C. § 101) containing material wholly and exclusively original to Trust Certified. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the TC System Materials or any portion thereof without Trust Certified’ prior written consent.

6. Confidential Information; the License You Grant; and Our Relationship

Trust Certified will never disclose Confidential Information that it may obtain from Providers. Confidential Information shall mean any and all information, whether in writing, digitally transmitted, or oral, and/or materials disclosed by Providers to Trust Certified, or otherwise learned by Trust Certified in connection with Provider’s application, training, membership, or other activities within the TC System, which is not known to the public, including without limitation, medical, financial, operational, technical, developmental, marketing, operating, business methods, and process information.

Upon signing below and returning a copy to us, you agree to each of the following: 

1. You hereby grant to Trust Certified a perpetual, non-transferable, royalty-free, license to reproduce, create derivative works of, distribute, publicly display, any and all Physician-Provided Material that is provided to Trust Certified, which Physician-Provided Material might include, by way of illustration but not limitation, your name, a description of your background, a description of your practice, your practice philosophy (collectively, the “Materials License“); 
2. You acknowledge that your Physician-Provided Material may be used for the purpose of matching your service capability with Payors, as well as other related purposes.
3. You represent that you own, or otherwise have sufficient rights and authorization in and to, all Physician-Provided Material such that you may grant to Trust Certified the Materials License granted above; 
4. You acknowledge that Site users may rely upon the Physician-Provided Material when selecting a physician and you agree that all Physician-Provided Material that you or your practice or entity submit will be accurate, complete and not misleading in any respect;
5. You acknowledge that misrepresenting oneself as a physician is an offense that is covered by both state and federal laws and you agree to provide only true and accurate information regarding your identity and Healthcare Provider status; 
6. You represent that any Physician-Provided Material submitted by you or your practice or entity will, to the best of your knowledge, not contain any false material (“Proscribed Material“):
7. You agree that you are accessing the TC System or providing Physician-Provided Material on the basis of an inquiry, application, purchase or transaction regarding the products and services offered by Trust Certified and that we have hereby established a business relationship; 
8. You agree that Trust Certified may contact you and/or your practice or entity, via telephone, e-mail, facsimile or other appropriate means, regarding Physician-Provided Material (including without limitation requested updates or additions to the same) and other Trust Certified products and services.

7. Notice and Procedure for Claims of Intellectual Property Infringement

This Agreement prohibits users from violating another party’s intellectual property rights. For copyright claims, intellectual property owners may submit a valid notice of intellectual property infringement to Trust Certified via email at info@trustcertifed.com.

You may also contact us by mail at Attention:

Trust Certified, LLC

602 Via Tunis

Punta Gorda, FL 33950

8. Trust Certified Tools and Resources

The Trust Certified Tools and Resources (referred to herein as “Tool Kit”) may be made available for the purpose of promoting your Trust Certified certification on your own personal website. Trust Certified may make available through its Tool Kit certain Trust Certified-branded, dynamic icons, buttons or badges (collectively “Badges”) for displaying your certification. Should Badges made available by Trust Certified through its Tool Kit, they may only be used by you, and only in compliance with these terms and conditions.

Use of Trust Certified Badges is subject to the following guidelines:

• Badges must be separated from other trademarks, logos and graphics;
• Use of Badges will not imply endorsement by Trust Certified;
• You may not modify the look, feel, size, font, color, proportion or any other aspect of a Badge;
• Use of Badges must be in connection with your personal website or personal profile on a practice website only (“Your Website”);
• You shall not use Badges in connection with false or misleading advertising;
• You shall not use Badges combined with any other words or marks;
• Use of the Badges shall link back to your profile on the Site;

Subject to your adherence to the foregoing guidelines and these terms, Trust Certified grants you a non-transferrable, non-exclusive, royalty-free, limited license to display the Badges in reference to Trust Certified certification or reviews on Your Website and for no other purpose. The foregoing license is for use of the Trust Certified Badges made accessible by Trust Certified only and does not constitute a trademark license. Trust Certified reserves the right to terminate or modify the foregoing permission to display the Badges and to take action against any use that does not conform to these guidelines, violates any Trust Certified terms of use, User Agreement or Privacy Policy, infringes any Trust Certified intellectual property or other right, or violates applicable law.

9. Content Feeds

Trust Certified may make some Site content available via its application programming interface, or some other means (collectively, “Feed Content”) for display on Your Website in connection with the Badges. You may access and use the Feed Content only associated with an approved Badge and only on Your Website provided that:

• Use of the Feed Content is for your personal, non-commercial use only;
• Use of the Feed Content does not suggest any endorsement by Trust Certified of Your Site, any third-party causes, ideas, websites, products, or services;
• You do not redistribute the Feed Content;

10. Term and Termination

This Physician User Agreement will take effect at the time you execute this agreement, or click “I Agree,” or use this TC System or provide Physician-Provided Material. We reserve the right, at any time, with advance written notice to you and an opportunity to mutually discuss a resolution prior to a change in your access rights and an reasonable opportunity for you to cure any given default under this Physician User Agreement: (a) to deny you access to this TC System or related products or services; (b) to change, remove or discontinue this TC System or any related products or services; or (c) to terminate this Physician User Agreement. Upon termination of this Physician User Agreement, you may no longer access, browse, or use this TC System or provide Physician-Provided Material.

This Physician User Agreement may be renewed upon mutual written agreement of the parties and upon the Provider meeting the then-current standards of the Trust Certified program as determined in the sole discretion of Trust Certified, as listed in Exhibit 1 – Trust Certified System Standards, and upon Provider’s payment of the then current fee.

11. Confidential Information

You understand that the materials, systems, and processes of the TC System are confidential and proprietary. You agree not to copy, disseminate, use for any purpose other than for requirements of membership under the TC System, or otherwise share these materials with any third-party, without the express written consent of Trust Certified. Notwithstanding the foregoing, you may, to the extent such disclosure is necessary given the purpose set forth above, disclose the Confidential Information to your representatives, always provided such representatives are bound by equal or similar confidentiality obligations and such disclosure is on a “need-to-know” basis in their provision of services to you.

12. Observance of Laws; Electronic Communications with Trust Certified

Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed.

Should you elect to send or receive e-mail communications of any kind to or from Trust Certified, you represent to Trust Certified that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions, such that Trust Certified may rely upon the information in such e-mail communications. You also agree that Trust Certified may use de-identified information received from you and from users in accordance with the provisions of Trust Certified’ privacy policy. YOU AGREE THAT YOU WILL NOT TRANSMIT ANY PROTECTED HEALTH INFORMATION, AS THAT TERM IS DEFINED IN THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, TO US THROUGH THE TC SYSTEM, OR BY ANY OTHER MEANS.

13. TC System Monitoring

We reserve the right to view, monitor, and record activity on this TC System without notice to or permission from you.

We shall use our best efforts to protect and secure all information that you provide to us through the TC System.

We are committed to complying with all applicable U.S. laws and regulations and expect all users of this TC System to comply with all applicable laws and regulations as well.

14. Events Beyond Our Control; Disclaimers; Limitations of Liability

You absolve and release us and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

THIS TC SYSTEM AND THE RELATED PRODUCTS AND SERVICES, INCLUDING TC SYSTEM MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TC SYSTEM AND THE RELATED PRODUCTS AND SERVICES, INCLUDING TC SYSTEM MATERIALS, MIGHT CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS TC SYSTEM AND THE RELATED PRODUCTS AND SERVICES, INCLUDING TC SYSTEM MATERIALS; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY, THAT THIS TC SYSTEM OR THE RELATED PRODUCTS AND SERVICES, INCLUDING TC SYSTEM MATERIALS, WILL ASSIST YOU IN YOUR PRACTICE OR FOR ANY OTHER PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS TC SYSTEM OR THE RELATED PRODUCTS OR SERVICES, INCLUDING TC SYSTEM MATERIALS, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS TC SYSTEM AND THE RELATED PRODUCTS AND SERVICES, INCLUDING TC SYSTEM MATERIALS, IS ENTIRELY AT YOUR OWN RISK. FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH PATIENTS, CONSUMERS OR SITE USERS, AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS.

NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS TC SYSTEM OR ITS RELATED PRODUCTS AND SERVICES, INCLUDING TC SYSTEM MATERIALS. IN THE EVENT OF ANY PROBLEM WITH THIS TC SYSTEM OR THE RELATED PRODUCTS OR SERVICES, INCLUDING TC SYSTEM MATERIALS, YOUR SOLE REMEDY IS TO CEASE USING THIS TC SYSTEM AND THE RELATED PRODUCT OR SERVICE AND TC SYSTEM MATERIALS.

UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS TC SYSTEM, OR ANY RELATED PRODUCTS OR SERVICES,INCLUDING THE TC SYSTEM MATERIALS, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages; thus, this limitation might not apply to you.

15. Governing Law and Selection of Venue

Regardless of the jurisdiction in which you work or reside, this Physician User Agreement is made in the State of  Florida, and will be construed and enforced in accordance with Florida law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Florida, and except and to the extent that the Health Insurance Portability and Accountability Act (“HIPAA“) Privacy Rule applies to any health-related information you provide to Trust Certified (in which case such HIPAA Privacy Rule governs), the privacy laws of the State of Florida will govern.

ANY ACTION ARISING OUT OF THIS TC SYSTEM, TC SYSTEM MATERIALS OR THE PHYSICIAN-PROVIDED MATERIAL OR ANY ACTION TO ENFORCE THIS PHYSICIAN USER AGREEMENT WILL BE BROUGHT ONLY IN THE FEDERAL OR STATE COURTS PRESIDING IN Punta Gorda, Florida, U.S.A., AND YOU EXPRESSLY AGREE TO BE SUBJECT TO THE JURISDICTION OF SUCH COURTS. USE OF THIS TC SYSTEM, TC SYSTEM MATERIALS OR THE PROVISION OF PHYSICIAN-PROVIDED MATERIAL IS LIMITED SOLELY TO PERSONS WHO AGREE TO RESOLVE ANY AND ALL DISPUTES PERTAINING TO THIS TC SYSTEM, TC SYSTEM MATERIALS OR THE PROVISION OF PHYSICIAN-PROVIDED MATERIAL IN THE FEDERAL AND STATE COURTS OF Florida, AND SUCH AN AGREEMENT IS AN EXPRESS CONDITION TO USE OF THIS TC SYSTEM.

This TC System and the related products and services, including the TC System Materials, are controlled and operated by Trust Certified from its offices within the United States. We make no representation that this TC System, TC System Materials or the related products or services are appropriate or available for use outside of the United States, and access to this TC System or its related products or services from territories where its contents or purpose is illegal is prohibited. Those who choose to access this TC System from locations outside the United States do so of their own volition and are responsible for compliance with applicable local laws.

16. Notices; Contacting Trust Certified

Any notices to you may be sent to the e-mail address that you provide to us when you register and will be deemed given one business day after the e-mail is sent. If you have any questions about this Physician User Agreement, or if you need to notify us, then contact us at info@trustcertied.com or at the following address: 

Trust Certified, LLC

602 Via Tunis

Punta Gorda, FL 33950

17. Miscellaneous

Failure to insist on strict performance of any provisions of this Physician User Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this Physician User Agreement will be valid unless in writing and acknowledged in writing or electronically by both parties. If any portion of this Physician User Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect, and the parties will promptly substitute for the invalid provision an enforceable provision which resembles the invalid provision as closely as possible in intent and economic effect. No joint venture, partnership, employment or agency relationship exists between you and Trust Certified as a result of this Physician User Agreement or your use of this TC System. This Physician User Agreement constitutes the entire agreement between you and Trust Certified with respect to your use of this TC System and/or provision of Physician-Provided Material and supersedes any and all prior understandings or agreements between you and Trust Certified, whether written or oral. You acknowledge that, in providing you access to and use of this TC System, we have relied on your acceptance of this Physician User Agreement.

19. Fees and Payments

All fees are to be paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for accounts that have had access to particular services restricted, refunds for accounts that have had upgrades canceled for any reason including violations of these Terms, or refunds for months unused.  In the event you fail to pay any amount when due, Trust Certified may immediately suspend or terminate your access to any or all of our services.  Fees shall be in accordance with Exhibit 2 – Trust Certified Healthcare Provider Fees.

Date Last Updated: April 24, 2023