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Terms of Service

This Website(s), including any mobile site(s) (individually or collectively, “Website(s)”) is operated by The Center for Innovative GYN Care, P.C. (“us/we/our” or “CIGC”). “You/your” means you as a user of the Website(s). “User” means all users of this Website(s). We offer this Website(s), including all information and services available from this Website(s), to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your continued use of this Website(s) constitutes your agreement to these Terms of Service.

By accessing this Website(s), you agree to be bound by the Terms of Service set forth herein. If there is anything you do not understand, please email any inquiry to info@innovativegyn.com. If at any time you do not agree to these Terms of Service, please do not use the Website(s).

You shall not use the Website(s) for any illegal purposes, and you will use THE WEBSITE(S) in compliance with all applicable laws and regulations. You shall not use the Website(s) in a way that may cause the Website(s) to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website(s) is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website(s).

1. Your Individual Rights

You have the right to: (a) look at or receive an electronic or paper copy of your medical record. You must make your request in writing to us at The Center for Innovative GYN Care, ATTN: Privacy Official, 3206 Tower Oaks Blvd., Suite 200, Rockville, MD 20852. To the extent your medical record is maintained electronically and you request the information in an electronic format, to the extent possible we will provide you with a machine readable copy. If you request copies, we will charge you a reasonable, cost-based fee as permitted by HIPAA and state law. We will charge for postage if you want the copies mailed to you. We will provide a copy or a summary of your medical information, usually within 30 days for your request. We may deny your request to inspect and copy records in limited circumstances as permitted by HIPAA, but you can request that the denial be reviewed; (b) request that we correct health information about you that you think is incorrect or incomplete. We may say “no” to your request, but we will tell you why in writing within 60 days; (c) ask for a list (accounting) of the times We have shared your health information for six years prior to the date you ask, who we shared it with, and why. We will include all the disclosures except for those about treatment, payment and health care operations, and certain other disclosures (such as any you asked us to make). We will provide one accounting per year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months; (d) receive a paper copy of this Notice at any time. You may obtain a copy of this Notice from us by visiting our office or calling us at the telephone numbers listed at the end of this Policy; (e) request that we not use or share certain information for treatment, payment or our operations. We are not required to agree to your restriction request. If we do agree to your request, we will abide by our agreement (except in the case of an emergency or as otherwise permitted by law). If you pay for a service or health care item out-of-pocket in full, you can ask us not to share information regarding that service or item for the purpose of payment or our operations with your health insurer. We must comply with that type of request if the health information you ask to be restricted from disclosure pertains solely to a health care item or service for which you have paid out of pocket, in full, unless the disclosure is otherwise required by law; (f) request that we contact you in a specific way (for example, home or office phone) or to send mail to a different address. We will work to accommodate reasonable requests; (g) revoke a previously given authorization at any time by giving written notice to the Privacy Official. However, revocations will not be effective for any actions taken before receipt of the written notice to revoke. In addition, I understand that if I give a signed authorization as a condition of obtaining insurance coverage, and later revoke that authorization, the insurance company has the right to contest my claims under the insurance policy and I will be made liable for payment of all charges for any and all services rendered to me by the medical providers or staff of The Center for Innovative GYN Care; and/or (h) file a complaint with us if you believe your privacy rights have been violated. You can contact our Privacy Official by phone at 888-787-4379. You may also file a complaint with the Secretary of the Department of Health and Human Services. We will not retaliate against you for filing any complaint. If you have a question, inquiry or concern, you may send written correspondence to our Privacy Official at 3206 Tower Oaks Blvd., Suite 200, Rockville, MD 20852.

2. Additional Website Terms.

2.1 The Website(s) and information and resources on the Website(s) are not intended to be a substitute for medical advice for the care that patients receive from their healthcare providers. Such information and resources are provided on the Website(s) only for general informational purposes, are not a form of medical advice, diagnosis or treatment, and are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Individuals visiting the Website(s) should always seek the advice of their physician or other qualified health provider with any questions they may have regarding a medical condition. Individuals should not ignore professional medical advice or delay in seeking it because of something they have read on the website. Users who visit the Website(s), including the information, services, products, materials and any other resources contained or linked thereon, are using them solely at their own risk. We do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the website.

2.2 If you choose to email us, you should not include confidential personal information and should never include a Social Security Number, date of birth or any insurance/financial information. The Internet and/or Website(s) are not absolutely secure. The Website(s) features of “Ask a Doctor” and “Book a Consult” are provided as a courtesy for individuals to initiate conversation with CIGC. Contacting CIGC through these features is not intended to create, and does not create, a new patient relationship with CIGC or any of its health care providers and information submitted is not encrypted.

2.3 You agree that when you sign up to receive our Newsletter(s), you consent to receive marketing related emails, promotions and offers from us.

3. Intellectual Property Ownership and Use

3.1 You acknowledge and agree that “Center for Innovative Gyn Care” and all of our other trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within the Website(s), including but not limited to copyrights, shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

3.2 We grant you the limited right to access and make use of the Website(s) as our user. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website(s) or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website(s)’s name or our trademarks; d) engage in any activity that interferes with the Website(s) or another user’s ability to use the Website(s); e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website(s) and the goods or services offered on the Website(s); or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.

3.3 You may not shall not use, copy, distribute, or exploit any of the Site Content in any manner without our prior written permission.

3.4 All Site Content and all materials and content contained within the Website(s), including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website(s), are owned by us, or used by us under authorization, and are protected by U.S. and foreign federal and state trademark, copyright and related laws, whether codified or at common law. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

4. Infringement Notice

4.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website(s), please notify us by sending an email at the following address: info@innovativegyn.com.

4.2 In order for us to more effectively assist you, the notification must include all of the following:

a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

b. A description of the copyrighted work or other right you claim has been infringed or violated;

c. Information reasonably sufficient to locate the material in question on the Website(s);

d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

5. Errors and Inaccuracies

5.1 We strive to provide complete, accurate, up-to-date information on the Website(s). Unfortunately, despite those efforts, human or technological errors may occur. The Website(s) may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

5.2 You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Website(s).

5.3 If YOU BELIEVE THAT a SERVICE OR product Offered by US is not as described, your sole remedy is to return it TO US FOR A REFUND PURSUANT TO THE TERMS OF OUR REFUND POLICY.

6. Changes to Website(s) or These Terms of Service

6.1 Other than as may be required by law, we reserve the right to at any time, modify or withdraw, temporarily or permanently, the Website(s) (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website(s) or any portion of it. The Center for Innovative Gyn Care reserves the right to make changes to these Additional Terms at any time.

6.2 We may alter these Terms of Service from time to time, and your use of the Website(s) (or any part of the Website(s)) following such change shall be deemed to be your acceptance of such change. You are responsible for checking these Additional Terms periodically for changes. Your continued use of the Website(s) means that you agree to any new or modified provision of these Terms of Service posted on the Website(s), as well as any Privacy Policy posted or revised pursuant to The Health Insurance Portability and Accountability Act (HIPAA). If you do not agree to any change to the Terms of Service then you must immediately stop using the Website(s).

6.3 The Website(s) is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website(s) or because of a failure, suspension or withdrawal of all or part of the Website(s).

7. External Sites and Resources

We are not responsible for the availability of any website(s) owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party website(s), including (without limitation) any advertising, products or other materials or services on or available from such website(s) or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

8. Services

Nothing on the Website(s) constitutes a binding offer and/or to sell services and/or systems described on the Website(s) or to make such services and/or systems available to everyone and/or in your area and/or industry. We reserve the right at any time to decline to offer services, or any portion thereof, in our sole discretion. Provision of our services, if any, may be further governed by the applicable customer agreement(s) between us.

9. Online Services

9.1 The Website(s) contains or may contain various interactive portions, such as information requests or other types of interactive features that allow you to submit information by way of and/or on our Website(s) (“Online Services”). We have no obligation to actively monitor or engage in the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content that may be submitted, posted or uploaded by a user. We reserve the right, in our sole discretion, to edit, delete, or refuse to respond to user content submitted, for any reason whatsoever.

9.2 By using this Website(s), you agree that:

a. You will not email or otherwise transmit any material or other content by use of this Website that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).

b. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

c. You will not submit or transmit excessively large or inappropriate materials or content.

9.3 This Website(s) is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Website(s).

10. Disclaimers

10.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE SITE(S). THE SITE(S) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

10.2 WE MAKE NO WARRANTY THAT THE SITE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

10.3 AS SET FORTH IN THE SITE(S) PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE SITE(S) AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE SITE(S) BY YOU.

11. Limitations on Liability

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE SITE(S); IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

12. Indemnification

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE SITE(S) AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF SERVICE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE SITE(S), OR THE USE BY ANY OTHER PERSON ACCESSING THE SITE(S) USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

13. Disputes.

Any disputes arising out of or regarding our Privacy Policy and/or these Terms of Service are subject to our Terms of Service and will be governed by the laws of the State of Maryland, applicable to agreements made and performed in Maryland. Except where prohibited by law, you further agree that (1) any and all disputes and causes of action arising out of this Privacy Policy shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located in Rockville, Maryland. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

All disputes between you and CIGC will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of CIGC or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either CIGC or you pursuant to the following conditions:

(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Rockville, Maryland.

(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with CIGC remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.

(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

(h) Subject to the requirement for arbitration hereunder, in any action arising out of or relating to this Privacy Policy, the laws of the State of Delaware shall be applied, without regard to choice of laws.

(i) Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and CIGC shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

14. Investigations of Violations of These Terms

We may investigate any reported violation of these Terms of Service and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

15. Notice for California Users

Under California Civil Code Section 1789.3, residents of California who use this Website(s) are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

16. Miscellaneous

16.1 If any part of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Service.
16.2 Subject to the terms of your customer agreement(s), these Terms of Service and our Privacy Policy, and any other terms or agreements that may be posted on the Website(s) (as may be amended from time to time) (“Website(s) Agreements”) contain the entire agreement between you and us relating to the Website(s) and your use of the Website(s) and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website(s) Agreements. You confirm that, in agreeing to accept these Website(s) Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website(s) Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website(s) Agreements.

16.3 You may send us notices or communicate with us by email at info@innovativegyn.com; or write to us at The Center for Innovative Gyn Care, 3206 Tower Oaks Blvd., Suite 200, Rockville, MD 20852, ATTN: Customer Service, and include your name, mailing address and email address in the message; or calling us at 1-888-787-4379. If you send us an email or speak to/leave a message for us that asks for a response, and you do not receive a response within ten (10) business days, please send us another email/call again as we may not have received your previous email/communication. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.

DATE LAST MODIFIED: June 17, 2017

Consult 
A Specialist

The Center for Innovative GYN Care, P.C. and its parent, subsidiaries and affiliates (individually or collectively, “we/our/us” or “CIGC”) respect your privacy and are committed to protecting it through our compliance with this policy. 

This policy describes the type of information we may collect from you and/or that you may provide us when you visit and/or use any website(s), mobile site(s) and/or app(s) provided by us (individually or collectively, “Website(s)”).  “You/your/user(s)” means you as a patient and/or other user of our Website(s), including any information, tools and services available from the Website(s), conditioned upon your acceptance of all the terms, conditions, policies and notices stated here, which you accept by continuing to utilize the Websites. 

Guide to Contents:

1. Scope

2. Information Collected

3. Use of your Personal Information

4. Sharing Personal Information with Third Parties

5. Non-Personally Identifiable Information 

6. Your Security

7. Links to Other Website(s)

8. Opt-Out

9. Children

10. Your California Privacy Rights

11. Disclosure for Legal Purposes

12. Non-Confidential Information

13. Assignment

14. International Uses

15. Disputes

16. Contact

1. Scope. 

1.1 We value our users and respect your privacy.  This Privacy Policy describes the Personal Information (as defined below) we collect about you online on the Website(s), why we collect it, how we use it, and when we share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use certain of that information.

1.2 The Privacy Policy does not apply to information collected by us offline or through any other means, including any third party or any application or content (including advertising) that may link to or be accessible from or on the Websites, including but not limited to use of certain e-mail and live chat features available on our Website(s), and you should review the privacy policies and terms of service for those third-party websites, applications and/or applicable content.

1.3. Although many areas of the Website(s) do not require registration and may be accessed by you without having to disclose any personal information, we or our service providers and/or third-party advertisers may ask you for certain kinds of personal information, including but not limited to your name, email address, mailing address, telephone number, age, credit/debit card information, user name and password, demographic information and other information that might identify you as an individual (“Personal Information”).  The Personal Information we collect about you may also be combined or supplemented with information from other sources.  Any Personal Information used in any manner will be used consistent with this Privacy Policy.

1.4 By accessing the Website(s), you acknowledge this Privacy Policy and agree to be bound by the terms hereof and the Terms of Service set forth on the Website(s). If there is anything you do not understand please email any inquiry to privacy@innovativegyn.com. If at any time you do not agree to this Privacy Policy, please do not use the Website(s). 

1.5 We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website(s). Amendments to this Privacy Policy will be posted at this URL and will be effective when posted.  It is your responsibility to review any such changes or updates and to check the Website(s) regularly to be sure you understand all terms and conditions, agreements and policies of the Website(s) and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website(s) following the posting of any amendment, modification or change shall constitute your acceptance thereof. 

2. Information Collected.

2.1 We may collect information that you provide directly to us.  You may provide different types of Personal Information to us when you engage in certain Website(s) activities, such as submitting questions to us, signing up for updates and/or our newsletter, signing up for events, sending feedback, requesting or submitting information, applying for a job, or directly contacting us.  It is optional for you to engage in such activity, however, if you choose to do so, we may require that you provide us certain Personal Information.  Depending upon the activity, some of the information we ask you to provide is required and some is voluntary.  If you do not provide required information for a particular activity, you may not be permitted to engage in that activity.

2.2 We may also collect certain information automatically, including through use of cookies, web beacons and other technologies.  This information may include the following:  your browser and mobile device type, operating system and name of your Internet service provider; web pages you visit on the Website(s); IP address, browser type, profile information, geo-location information; information about your interactions with email messages, such as whether the messages were opened and the links clicked in those emails; and standard server log information. 

2.3 We collect email lists and information related to appointment requests and marketing related services.  When you use the Website(s), you may be given the option to contact us and to be added to our email list, to schedule appointments and to request certain newsletters or other materials. Whether or not you select this/these option(s) and/or register to use our patient portal, your Personal Information may be shared with third parties consistent with this Privacy Policy.

2.4 The Personal Information provided by you is not used for any purpose other than as outlined in this Privacy Policy. If you ever use a public computer to access the Website(s) account, we strongly encourage you to log out at the conclusion of your session. By doing so, although your information may still be stored with us, it should not be accessible to anyone else from that computer.   Subscriptions to the newsletters list can be cancelled at any time.

2.5 Payment processing information is not available on the Website(s) and is not collected by us on the Website(s). 

3. Use of Your Personal Information.

3.1 We may use the non-medical Personal Information we collect for various purposes, including to:

3.2 We may use and disclose your medical information for certain purposes.  Although we cannot list every use or disclosure within a category, we are only permitted to use or disclose your medical information without your authorization if it falls within one of these categories. Any specific written authorization you provide may be revoked at any time in writing to us. If your health information contains information regarding your mental health or substance abuse treatment or certain infectious diseases (including HIV/AIDS tests or results), we will comply with additional state law requirements as applicable to those types of information.

  1. For Treatment: We may use medical information about you to provide you with medical treatment or services. For example, we can use and share your medical information with other professionals who are treating you, such as your primary care physician or a specialist.
  1. For Payment: We may use and disclose your medical information for payment purposes. For example, a bill may be sent to you or a third party payer. The information on or accompanying the bill may include your medical information.
  1. For Health Care Operations: We may use and disclose your medical information for our health care operations. For example, this might include measuring and improving quality, evaluating the performance of employees, conducting training programs, and obtaining certificates, licenses and credentials we need to serve you.

3.3 Additional Uses and Disclosures of Medical Information: In addition to using and disclosing your medical information for treatment, payment and health care operations, we may use and disclose medical information for the following purposes without your written authorization:

  1. Appointment Reminders and Follow-Up Calls: We may use or disclose medical information to remind you that have an appointment or to check on you after you have received treatment. If you have an answering machine, we may leave a message. We may also send you appointment reminders.
  1. Individuals Involved in Your Care or Payment For Your Care: Unless you inform us that you object, we may disclose medical information to a friend or family member who is involved in your medical care, who helps to take care of you or who helps to pay for your care. We may tell your family or friends your general condition. If you are not able to give or refuse permission due to incapacity or emergency circumstances, we may exercise our professional judgment to determine whether the disclosure is in your best interests and, if so, we will share only the health information that is directly relevant to such person’s involvement related to your health care or needed for notification purposes. We will also use our professional judgment and experience to make decisions in your best interest about allowing someone to act on your behalf to pick up medicine, medical supplies, x-ray or other similar forms of medical information.
  1. Public Health Activities; Health Oversight and Other Government Functions: We may disclose health information to public health or legal authorities charged with preventing or controlling disease, injury or disability, including but not limited to public health activities, public health risks, product recalls, and adverse reactions to medications. If we believe a patient has been the victim of abuse, neglect or domestic violence, we may notify the appropriate government authority (we will only make this disclosure if you agree or when required or authorized by law.) We may also, when authorized by law to do so, notify a person who may have been exposed to a communicable disease or otherwise be at risk of contracting or spreading a disease or condition. We can also share health information to prevent or reduce a serious threat to someone’s health or safety. Further, we can use or share health information with health oversight agencies for activities authorized by law (such as for inspections, audits, investigations and licensure) and for special government functions such as regarding military, national security, protective services, and inmates. As permitted by HIPAA, we also may use and share medical information for disaster relief purposes, including with disaster relief organizations.
  1. As Required By Law: We will use or disclose health information when required to do so by federal, state or local law, including if the U.S. Department of Health & Human Services wants to see that we are complying with federal privacy law.
  1. Lawsuits and Legal Actions; Law Enforcement: We may disclose information in response to a court or administrative order, subpoena, discovery request, for law enforcement purposes or to law enforcement officials as permitted by HIPAA.
  1. Workers Compensation and Disability Determination: We may disclose health information when authorized or necessary to comply with laws relating to workers compensation, disability determination, or for other authorized activities under similar programs.
  1. Funeral Director, Coroner, and Medical Examiner; Organ/Tissue Donation: To help them carry out their duties, we may share the medical information of a person who dies with a coroner, medical examiner, funeral director or an organ or donor procurement organization.
  1. Marketing, Newsletters and Fundraising; Affiliates and Vendors: We do not use medical information to market a third party’s products or services. Also, we do not share medical information with third parties for them to market their products or services to you. We do not sell, rent or lease medical information. We may use medical information to contact and send information to current and former patients, including possible treatment options, alternatives or other health related benefits or services that may interest them, to send newsletters or for fundraising as permitted by HIPAA. Individuals receiving these communications have a right to opt out of receiving such communications. We also may share your medical information with our affiliates and vendors who assist us, including but not limited to credit card processing, database management, email and newsletter distribution, and website management.
  1. Research: We may use or disclose medical information under certain, limited circumstances for research, as permitted by HIPAA.

 

4. Sharing Personal Information With Third Parties. 

4.1 We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you. 

4.2 We may also disclose your Personal Information to outside individuals and/or companies who help us:  bring you the services we offer; create, operate, and maintain the Website(s) including but not limited to Website(s) functions and services; and with specialized services such as shipping, mail and e-mail distribution, mobile messaging, Website(s) hosting, monitoring, analytics, promotions and surveys.  We provide these companies only with the information they need to perform their services. We also work with third parties, such as ad networks, analytics companies and social networking platforms, and they may collect information about your online activities over time and across our sites and other online services. We require that these outside individuals and/or companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.  We may also contribute to or participate in cooperative databases, which give other companies access to Personal Information.   

4.3 If you choose to enter or participate in a promotion, your information may be disclosed to third parties who help design, administer and implement the promotion.  Your information also may be disclosed as required by law, such as on a winners list.

4.4 We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website(s), to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Website(s) or the public.

4.5 We may provide products or services jointly with certain third-party businesses.  We may share your Personal Information with such entities to help them deliver to you purchased goods and services, and to provide you with better service and to measure our program’s value.  Sharing this information will allow such affiliate providers to market products and services directly to you, should they so choose.  We will only share your Personal Information with affiliate providers with whom you engage in activities on the Website(s).

4.6 In addition, if we go through a business transition, such as a merger, acquisition by another company or a financing, investment, support or funding, sharing or sale of all or a portion of our assets, your Personal Information will likely be among the assets shared or transferred.  If we engage in any of these types of transactions, your information will be subject to our Privacy Policy in effect at the time of the transfer or sharing of such information. 

5. Non-Personally Identifiable Information.

5.1 Through your use of the Website(s), we may also collect certain non-personally identifiable information from you (“NPII”). NPII is not associated with you as an individual. It is measured anonymously and only in the aggregate.  We use NPII to maintain and administer the Website(s), analyze trends, gather demographic information and comply with applicable law.  We may share this information with others without express notice to you or consent from you, and we may exploit, use and disclose your NPII without limitation of any kind.

5.2 The Website(s) may use cookies. A cookie is a small piece of information sent by a Website(s) that is saved on your hard drive by your computer’s browser. Cookies help us remember you when you return to the Website(s). Cookies also hold information to personalize and enhance your experience and to gather Website(s) statistical data, such as which pages are visited, the Internet provider’s domain name and the addresses of the sites you visited immediately before coming to and immediately after leaving the Website(s).  The information in the cookies lets us trace your “clickstream” activity (i.e., the paths taken by users of the Website(s) as they move from page to page) to enable us to better serve you by revealing which portions of the Website(s) are the most popular. Cookies contain absolutely no Personal Information. We may also allow our affiliate and service providers and advertisers to serve cookies from the Website(s) to allow them to assist us in various activities such as doing analysis and research on the effectiveness of the Website(s), its content and advertising.  Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies (www.networkadvertising.org).

5.3 We may also use “pixel tags” (sometimes called “web beacons” or “clear gifs”), which are tiny graphic images, on the Website(s). Pixel tags help us analyze users’ online behavior and measure the effectiveness of the Website(s) and our advertising and marketing. Pixel tags or Clear gif files are tiny graphics with a unique label that work in a similar way to cookies and are used to monitor the user’s online activities.  In contrast to cookies that are saved on a user’s computer hard disk, clear gif files are embedded invisibly in websites and are about as big as the full stop at the end of this sentence.  Where appropriate, we may combine the information collected by such pixel tags with the Personal Information of our customers.  We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information. 


5.4 Cookies, pixel tags, and/or other analytical tools that we may use on the Website(s) may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website(s).  This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website(s) you visited immediately before coming to the Website(s). We do not otherwise track any information about your use of other website(s).  Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.  We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Website(s) and your interaction with our advertising and other communications, but no Personal Information is shared with them.

5.5 We may combine the NPII collected through cookies, pixel tags and other analytical tools with other information we may have collected from you. This information may be used to improve the Website(s), to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes.  We may use and share aggregated and anonymous information to conduct market research and analysis for ourselves and/or for our business partners. Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose such information. For example, we may freely share such information with third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share such information with our service providers in order for them to perform services to or for us. 

5.6 We authorize certain service providers to utilize NPII for their business purposes and in accordance with their privacy policies, such as to report on usage or industry trends to their customer base.

5.7 Third Party Functionalities: The Website(s) contains links to and/or enables certain third-party functionalities to enhance your experience on the Website(s), including social plug-ins, tools, APIs and chat and/or email features. Prior to using any third-party functionalities (e.g., Facebook “Like” button) on the Website(s), you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.

6. Your Security. 

6.1 We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via e-mail. 

6.2 Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Website(s), any transmission of Personal Information is at your own risk.  We cannot guarantee that such information will not be intercepted by third parties and we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism and we are not responsible for circumvention of any privacy settings or security measures contained on the Website(s).


7. Links to Other Website(s). 

7.1 While visiting the Website(s), you may link to websites operated by third parties or you may have come to the Website(s) using a link found in another website. This does not mean that we endorse these website(s) or the goods or services they provide. We do not make any representations or warranties about any website(s) that may be linked to the Website(s). Such other website(s) are independent from us, and we have no control over, or responsibility for their information, products or activities.


7.2 In addition, our privacy practices may differ from those of these other website(s). If you provide Personal Information at one of those website(s), you are subject to the privacy policy of the operator of that website(s), not our Privacy Policy. Please make sure you understand any other website’s privacy policy before providing Personal Information.

8. Opt-Out. 

8.1 You may opt out of:  (a) receiving email communications such as email newsletters and promotional emails by following the instructions provided at the bottom of each email, clicking the “unsubscribe” button at the bottom of emails we sent you; and/or (b) receiving promotional email communications and newsletters by emailing us at privacy@innovativegyn.com.  Please allow up to ten (10) business days for changes to your email preferences to take effect.  During that time, you may continue to receive email communications from us that were already in process.  Opting out of receiving Website(s) communications will not affect your receipt of service-related communications such as payment confirmations.

8.2 Opting out of online and mobile website advertising.  You can opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/.   

8.3 Our products and services may use Google Analytics Advertising Features and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit Google’s Ad Settings page, currently located at  https://www.google.com/settings/ads/anonymous?sig=ACi0TChBBUZhbil6jSzh_t9gc_hilJmxPFILo3fzsOJJ6mtq1DpanjQIychv5x00ayD5xiJnE_7py3LRuGOQtj8YQx5_1ZS2FA&hl=en.  Website users can also access the Google Analytics Opt Out Browser Add-on, currently located at https://tools.google.com/dlpage/gaoptout or http://tools.google.com/dlpage/gaoptout?hl=en.  We may also work with Facebook and Apple to provide analytics in connection with our Website(s), including our mobile applications. For more information about Facebook’s privacy practices, you may visit https://www.facebook.com/about/privacy, and for Apple’s privacy policy, click here http://www.apple.com/privacy/privacy-policy/.   

8.4 You may can opt out of receiving online behavioral or internet based advertising by using the tools located at the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/ or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/

8.5 When using the ad industry opt out tools described in Sections 8.2 through 8.4, note that:  (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention) but it won’t be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out.  We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.

8.6 You can opt out of accepting cookies or disable them from your browser. The Help function on most browsers contains information on how you can set your browser to notify you before accepting cookies or can disable them entirely. If you opt out of cookies, you will not be able to take advantage of various features of the Website(s) that are available to other users.  For example, we may use cookies to recognize you by name when you return to this site so you don’t have to login again and provide your password. 

8.7 Registered users who have provided their cell phone number to us may remove it from within their personal profile settings. If you prefer not to receive text or wireless promotional communications on your mobile device, you can opt out by replying STOP.

8.8 You may ask us to delete your Personal Information from our system, however, because we archive and keep track of past transactions, you cannot delete information associated with past transactions or archived information on the Website(s).  Please also update your Personal Information if it changes.

8.9 Registered users may terminate their registration at any time, for any reason, by contacting us. Terminating your registration will not necessarily remove previous public comments or other user content on public display on the Website(s).  You understand it may be impossible to delete Personal Information entirely because of backups and records of deletions.  If you wish to cancel your account on the Website(s) or delete your Personal Information previously provided to us, you may send your request to us at privacy@innovativegyn.com and indicate in the body of your communication your request.   

8.10 If you do not receive a response from us to any emails you send to us within ten (10) business days, please send us another email as your original email may not have been received.

9. Children. 

We do not permit persons under 18 years of age to use the Website(s), and we do not knowingly collect, use or disclose Personal Information from anyone under 18 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 18, we will make reasonable efforts to delete such information from our records. 

10. Your California Privacy Rights. 

10.1 Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: The Center for Innovative GYN Care, 3206 Tower Oaks Blvd., Suite 200, Rockville, MD 20852, ATTN:  Privacy.  You must put the statement “Your California Privacy Rights” in the body of the request and state the name of our website with respect to which you are requesting the information as well as your name, street address, city, state, and zipcode.

10.2 In addition, please note the following:

(a) Users can visit the Website(s) anonymously;

(b) We will add a link to this Privacy Policy on our home page, or at a minimum, on the first significant page after entering the Website(s);

(c) Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;

(d) Users will be notified of any privacy policy changes on our Privacy Policy page;

(e) Users are able to change their Personal Information by emailing us or by calling us;

(f) Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not process or respond to such signals in users’ web browsers at this time; and

(g) We allow the collection of users’ behavioral tracking (but not Personal Information) by third parties. We do not authorize the collection of Personal Information on the Website(s) by third parties. 

11. Disclosure for Legal Purposes. 

You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of fraud, improper or illegal conduct in connection with the Website(s), such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.

12. Non-Confidential Information.

We do not want you to send to us any confidential personal or proprietary information through the Website(s), including email or chat functionality.  Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

13. Assignment. 

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder.

14. International User Notice. 

For international users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States. For residents of the European Union — the data protection and other laws of other countries outside of the European Union may not be as comprehensive as those of the European Union. Please be assured that we take steps to ensure that your privacy is protected as described in this Privacy Policy. By using the Website(s), you agree to have your information used and transferred to the United States as set forth in this policy.

15. Disputes. 

Any disputes arising out of or regarding this Privacy Policy are subject to our Terms of Service and will be governed by the laws of the State of Maryland, applicable to agreements made and performed in Maryland.  Except where prohibited by law, you further agree that (1) any and all disputes and causes of action arising out of this Privacy Policy shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located closest to Rockville, Maryland or the location closest to the petitioner/plaintiff.  The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

All disputes between you and CIGC will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of CIGC or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either CIGC or you pursuant to the following conditions:

(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Rockville, Maryland.

(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

(e) Costs and Fees. You will be subject to a $250 filing fee to initiate arbitration (or the then-current, applicable fee). To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with CIGC remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.

(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.

(h) Subject to the requirement for arbitration hereunder, in any action arising out of or relating to this Privacy Policy, the laws of the State of Maryland shall be applied, without regard to choice of laws.

(i) Class Action Waiver.  The parties further expressly waive any ability to maintain any class action in any forum.  Any arbitration, claim or other proceedings by or between you and CIGC shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

16. Contact. 

Under certain circumstances you have a right to rectification, blocking and deletion of your stored personal data.  If you would like to make such a request and/or you have any questions about your privacy or security at the Website(s), or wish to update your Personal Information, please send an email to privacy@innovativegyn.com or write to us at The Center for Innovative GYN Care, 3206 Tower Oaks Blvd., Suite 200, Rockville, MD 20852, ATTN: Privacy, and include your name, mailing address and email address in the message. 

DATE LAST MODIFIED: June 17, 2017