Provider Bridge™ – Provider Terms of Service
Effective Date / Last Updated: October 6, 2020
These Terms of Service (“Terms”) are entered into by and between you as a user of the Site, as defined below (“you”) and the Federation of State Medical Boards (“FSMB,” “we,” “us,” or “our”). These Terms govern your access to and use of the services available through the Provider Bridge™ website made available by us (the “Site”). The Site permits you to provide your biographical information to us so we can provide you with a Provider Bridge™ certified digital certificate indicating your standing with respect to various state medical boards, including any disciplinary information (“Certificate”), as set forth more fully below.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SITE. BY USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.
These Terms apply only to the use of the Provider Bridge™ website. They do not apply to any other websites.
We reserve the right to modify these terms at any time. All changes will be effective immediately upon posting to the site. By accessing or using the site after changes are posted you agree to those changes. Material changes will be conspicuously posted to the Site or otherwise communicated to you.
PLEASE NOTE: THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES ARISING FROM YOUR USE OF THE SITE THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE FSMB IN A CLASS ACTION LAWSUIT.
- Content. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of FSMB or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, FSMB reserves all other rights in and to the Site and Content, including all intellectual property rights.
- Use of Marks. FSMB owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except in connection with your Certificate. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party's consent.
- Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to FSMB or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
- Compliance with Laws and Professional Rules. In connection with your access to and use of the Site,you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online and professional conduct.
- Children's Information. The Site is not directed at children under the age of eighteen (18) years old. If you are under eighteen (18) years old, you must immediately stop using the Site.
- Viruses. We are not liable for any virus you might receive from our Site or links on our Site, and you access our Site at your sole risk.
- Our Services. When you provide your biographical information to us, we will verify and match it with licensure information supplied by the respective state medical boards and other reporting agencies (collectively, your “Credentials”) in order to provide you with a Certificate. Your Certificate will include the following Credentials: your first and last name, provider type (e.g. Doctor of Medicine), medical school attended, date of medical school graduation, NPI number, active certification(s), state(s) of active license(s), DEA number(s), and disciplinary information, if any. Depending on the information supplied by the respective state medical boards and other reporting agencies, we may not be able to match your Credentials. In such case, we will direct you to our support center. If we are able to successfully verify and match your Credentials, we will send your Certificate to your provided e-mail address.
- Restrictions on Your Use of the Site.
- You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without FSMB’s prior written consent.
- You will not use the Site for unlawful purposes.
- You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
- You will not impersonate any person or entity.
- You will not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site, the servers used to make the Site available, or any other network, computers, hardware, software or systems.
- You will not engage in activities that aim to render the Site inoperable or to make its use more difficult.
- You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
- You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
- You may not engage in any conduct while using the Site that FSMB considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
- Feedback. If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, content or information that is not personal information ("Feedback"), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Linking to the Site. You are prohibited from linking to the Site without the prior express written consent of FSMB. If FSMB grants you a right to link to the Site, certain terms may apply, and FSMB reserves the right to revoke such consent at any time. You are responsible for any costs incurred by FSMB in enforcing its rights under this section.
- Use in the United States. The Site is intended for use in the United States only. We do not guarantee that use of the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk.
THE EXISTENCE OF THE SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS FSMB OR THE FSMB PARTIES (DEFINED IN SECTION 20) OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
- Termination. Your account will remain active until terminated. You may terminate your account at any time, for any reason, by contacting FSMB. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may terminate your account or otherwise restrict your access to the Site or Content. FSMB may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. FSMB shall not be liable to you or anyone else for any damages arising from or related to FSMB’s suspension or termination of your access to the Site or the Content, or in the event FSMB modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).
- Site Unavailability. Without limiting the generality of the previous section, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
- Cooperation with Law Enforcement. FSMB will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD FSMB AND THE FSMB PARTIES (DEFINED IN SECTION 20) HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
- NO WARRANTY. THE SITE, CONTENT, AND CERTIFICATE ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FSMB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, CONTENT, AND CERTIFICATE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
FSMB MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE AND INFORMATION IN THE CERTIFICATE ARE ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. FSMB DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, CONTENT, OR INFORMATION IN THE CERTIFICATE. FSMB DOES NOT WARRANT OR GUARANTEE THAT THE SITE, CONTENT, OR CERTIFICATE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE, CONTENT, OR CERTIFICATE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FSMB OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “FSMB PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE, CONTENT, OR CERTIFICATE, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SAME, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN FSMB PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE, CONTENT, OR CERTIFICATE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE FSMB PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE, CONTENT, OR CERTIFICATE EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE FSMB PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE, CONTENT, OR CERTIFICATE, AND (C) YOUR BREACH OF THESE TERMS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
- Arbitration Agreement.
BOTH PARTIES AGREE TO RESOLVE ANY DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.
- WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST FSMB IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING
- Good Faith Discussions. You and FSMB must first attempt to resolve any dispute by good faith discussions. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
- Rules. You and FSMB agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/Rules. You and FSMB agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
- Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
- Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms, including as to the enforceability and/or formation of this agreement to arbitrate made between you and FSMB.
- Location. You agree that arbitration shall take place exclusively in the City of Euless, Texas and County of Tarrant, U.S.A. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
- Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
- The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties, but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
- Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
- Exceptions. Notwithstanding anything to the contrary in this section, you and FSMB each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights.
- Dispute Resolution Only in the Event of a Ruling that Arbitration is Prohibited by Law. In the event a court with appropriate jurisdiction determines that applicable law prohibits arbitration of disputes arising out of, or related to, these Terms, all suits, actions or proceedings shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in Tarrant County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Governing Law. These Terms, and any dispute between you and FSMB, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that the above arbitration agreement shall be governed by the Federal Arbitration Act.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of FSMB’s successors and assigns.
- Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and FSMB may be provided to you electronically to the extent permissible by law. Please save a copy of all documentation, agreements, notices, and other communications for your reference.
- Terms Applicable to New Jersey Users. No provision in these Terms shall apply to any user in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. FSMB reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
- Waiver. FSMB’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by FSMB.
- Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
- Contact Us. Please direct any questions and concerns regarding these Terms to us at:
Federation of State Medical Boards
Attn: Provider Bridge
400 Fuller Wiser Road
Euless, TX 76039
Main Phone: (817) 868-4000
Main Fax: (817) 868-4099