PRIVACY STATEMENT

INTRODUCTION

The management and staff of Implantable Provider Group, Inc. d/b/a (IPG), a Delaware corporation or Surgical Collections Group (SCG)  (collectively, “IPG”, “SCG”, “us”, “we”, or “our”) are committed to maintaining the confidentiality of non-public, personal information we collect from individuals who visit our website. We want you to understand how and why we collect, use and disclose the personal information about you on our website (“Website”). This Website Privacy Statement and HIPAA Notice of Privacy Practices (“Privacy Statement”) provides you with information concerning our practices and procedures as they relate specifically to the information we collect at this Website.

REVISIONS AND MATERIAL CHANGES TO THIS PRIVACY STATEMENT

Because the Internet is an evolving medium, we may need to change our Privacy Statement at some point in the future, in which case we’ll post the revised Privacy Statement on this Website and update the above “Last Updated” date to reflect the date of the changes. If necessary, we will provide additional information regarding any changes to this Privacy Statement as may be required by law and may ask you to affirmatively accept those changes.

Your access to this Website for the limited and exclusive purpose of reviewing this Privacy Statement does not constitute your acceptance of this Privacy Statement unless you make any further access or use of our Website. By continuing to use the Website or providing us with your personal information after we post any such changes, you accept the Privacy Statement as modified.

This Privacy Statement is not intended to and does not create any contractual or other legal right in or on behalf of any party. Please see our Terms of Use for additional information on your lawful use of the Website. If you have additional questions or would like further information on this topic, please feel free to write to us at Compliance@ipg.com.

PERSONAL INFORMATION WE COLLECT WHEN YOU USE THIS WEBSITE

As a specialty third-party risk management company, we may collect non-public, personal information directly from our customers, their agents, and consumer reporting agencies. We define “personal information” as information that is both unique to and identifies you and might include the following information:

• name, address, date of birth and Social Security number;
• medical history;
• payment history;
• account activity;
• credit card information;
• credit scores and history (and other information relating to your creditworthiness);
• and employment and insurance information.

Generally, we need this information to serve our customers’ insurance and medical needs, conduct IPG business and fulfill legal and regulatory requirements. We do not collect any personal information about you at our Website unless you choose to provide it to us voluntarily. If you encounter a screen or page that requests information you do not want to share with us, do not enter the information and do not proceed with that screen or page. We may collect technical or behavioral information about your visit to the Website as described in the “Cookies” section below.

If you do provide us with personal information, we will only use it for the purposes described where it is collected, and we will not sell, license, transmit or disclose this information outside of IPG unless (1) you expressly authorize us to do so, (2) it is necessary to allow our service providers or agents to provide services for us, (3) in order to provide our products or services to you, (4) it is disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements, (5) it is necessary in connection with a sale of all or substantially all of the assets of IPG or the merger of IPG into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which IPG is not the survivor, or (6) otherwise as we are required or permitted by law.

Notwithstanding the above, any information, including demographic data, that relates to an individual’s past, present, or future physical or mental health or condition, the provision of healthcare to the individual, or the past, present, or future payment for the provision of healthcare to the individual and that identifies the individual will be maintained according to our Health Insurance Portability and Accountability Act of 1996 (HIPAA) Notice of Privacy Practices. Our HIPAA Notice of Privacy Practices is available on our website and paper copies may be requested by contacting the HIPAA Privacy Officer at 2300 Lakeview Parkway, Suite 500 Alpharetta, GA 30009 or at (770) 753-0046.

CALIFORNIA PRIVACY RIGHTS

This notification is required under California law. Under California law, California residents may opt-out of our disclosing personal information about them to third parties for their marketing purposes. If you are a California resident and do not want us to disclose your information to other companies for their marketing purposes, please contact us by any of the ways described in the “Contact Information” section below.

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of such information, please contact us by any of the ways described in the “Contact Information” section below, and we will respond within 30 days as required by law.

EMAIL

We appreciate your questions and comments about our Website and services and welcome your email messages to mailboxes listed on our Website. We will share your messages with those within our organization who are most capable of addressing the issues contained in your message. We will keep a copy of your message until we have had an opportunity to address your concerns. We may archive your message for a certain period of time or discard it, but your email address will not be used for any other purpose.

CONFIDENTIALITY AND DATA SECURITY

We implement means designed to restrict access to personal information collected about you at our Website to our employees or others who need to know that information to provide services to you or in the course of conducting our normal business operations. While no website can guarantee security, we maintain certain safeguards designed to protect your personal information collected via the Website. We use various physical, technical and procedural measures intended to protect our databases of personal information and restrict access to your information by unauthorized persons. We also advise all IPG employees about their responsibility to protect personal information, and we provide them with guidelines for adhering to our company’s business ethics standards and confidentiality policies. At IPG, we respect our customers’ privacy.

ONLINE MEDICAL BILL PAYMENT PROCESSING

We utilize the services of a third party payment processing vendor to allow you to pay your medical bills online. This vendor utilizes secure SSL encryption to secure payments of your medical bills. We link to these services through a payment portal hosted by the third party vendor available to you on our Website. You can learn more about how these services and payments are secured by clicking here: https://www.patientnotebook.com/Privacy/Index. All medical bills and medical services payment information are maintained in accordance with our HIPAA Notice of Privacy Practices. Our HIPAA Notice of Privacy Practices are available on our website and paper copies may be requested by contacting the HIPAA Privacy Officer at 2300 Lakeview Parkway, Suite 500 Alpharetta, GA 30009 or at (770) 753-0046.

COOKIES

The Website may also collect certain technical information about your visit. It can include information, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the type of operating system you are using, the date and time you accessed the site; the pages that you access while at the site, your manner of connecting to the Internet, the Internet address of the website from which you linked directly to our site, other information about your geographic location, and the domain name of your Internet service provider. For further information related to our use of cookies and other tracking technologies they may be used on the Website by IPG and third parties and your ability to not be tracked, please review our Cookie Statement here: IPG Cookie Policy

LINKS TO THIRD PARTY WEBSITES

We may provide links to other sites on the Internet for your convenience to locate related information and services. These sites are maintained by third parties over which we exercise no direct control. Accordingly, we expressly disclaim any responsibility for the privacy policies, information collection practices, content, accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

THIRD PARTY ARTICLES

The Implantable Provider Group, Inc. (IPG) posts articles on its website that are written by third parties. Such articles are owned by their authors and are licensed or approved for use by IPG for publication. IPG does not warrant, endorse, guarantee or assume responsibility for any third party articles including their accuracy, or the intellectual property rights in or relating to such articles. By using this website you expressly relieve IPG from any and all liability arising from such third party articles.

SOCIAL MEDIA

Any information, communications, or material of any type or nature that you submit to our Website or through our services (including, but not limited to any IPG website contained on a social media platform or website such as Facebook, Instagram or Twitter) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at your own risk and without any expectation of privacy. IPG cannot control the actions of other users of any social media platform or website and IPG is therefore not responsible for any content or Submissions contained on such sites and platforms. By visiting any IPG website that is contained on a social media platform or website, you are representing and warranting to IPG that you have reviewed the applicable Privacy Statement and terms of use of such platform or website and that you will abide by all such provisions contained therein. Additionally, in the event that IPG offers a message board or any other interactive or social-type feature on a website administered directly by IPG, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, ingredients, tips, etc.). Although IPG may take certain precautions to protect those who use these areas of the Website, we encourage you to be wary of giving out any personal information in such public forums. The information you post can be collected and used by people you don’t know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.

CONTACT INFORMATION

If you have any questions about this Privacy Statement or would like to learn more about our privacy practices, please write to us at Implantable Provider Group, 2300 Lakeview Parkway, Suite 500, Alpharetta, GA 30009 or Compliance@ipg.com.

TERMS OF USE

LAST UPDATED AND POSTED ON August 1, 2022.

ACCEPTANCE OF TERMS

These Terms of Use (the “Terms of Use”) apply to the websites located at www.ipg.com and MyInsight.ipgsurgical.com, (the “Websites”), which are owned and operated by Implantable Provider Group, Inc. (“IPG”), a leading provider of Implantable Device Management services.

The Websites also currently provides a link to the Patient Notebook payment portal, available at https://www.patientnotebook.com/ipg (the “Payment Portal”). The Payment Portal is owned and operated by ZirMed, Inc. (or its assignee or successor in interest), and the use of the Payment Portal is governed by the Terms of Use for the Payment Portal provided at https://www.patientnotebook.com/TermsOfService/Index, and the Privacy Statement for the Payment Portal, provided at https://www.patientnotebook.com/Privacy/Index.

The Websites provide users with access to information and materials about IPG and its suppliers and distributors. These materials may include information related to certain products and services (“Products and Services”) offered by IPG. The Websites also contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about IPG, Products and Services, “Content”). The Websites are intended for use only by users who are at least 18 years of age.

PLEASE NOTE: Your access to and use of the Websites is subject to these Terms of Use, as well as all applicable laws and regulations. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT AND MATERIAL LIMITATIONS ON YOUR ABILITY TO SUE IPG AND/OR RECOVER DAMAGES FROM IPG, AMONG OTHER MATERIAL RESTRICTIONS ON YOUR LEGAL RIGHTS. Please see the Disclaimers, Limitations on Liability, and Governing Law/Venue sections in particular. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use the Websites or any information, Content or Products and Services contained on the Websites. Your access to and use of the Websites constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below.

Updates to these Terms – These Terms of Use may be changed, modified, supplemented or updated by IPG from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use the Websites after such changes are posted. Unless otherwise indicated, any new Content, Products and Services added to the Websites will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Websites and these Terms of Use periodically for updates and changes. If you are using the Websites on behalf of a legal entity, you represent that you are authorized to enter into and agree to these Terms of Use on behalf of that legal entity.

If you have any questions about these Terms of Use, please contact us as described on Compliance@ipg.com.

Limited License and Website Access; All Rights Reserved — IPG hereby grants you a limited license to access and make personal use of these Websites, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of IPG (e.g., downloading of PDF forms, applications, etc.). This license does not include any resale or commercial use of the Websites or the Content; any derivative use of the Websites or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Websites or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of IPG. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of IPG without IPG’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of IPG’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in the Websites and any Content, features, Products and Services offered on these Websites, including any and all intellectual property rights. Any software applications available on or through the Websites are licensed, not sold, to you. The Company may assign these Terms of Use or any part of them without restrictions. You may not assign these Terms of Use or any part of them, nor transfer or sub-license your rights under this License, to any third party. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by IPG.

Availability of Products and Services — Due to offers that are limited in time or availability, certain Products and Services described on the Websites may not be available to all users. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THE WEBSITES IS NOT AN OFFER TO SELL OR LEASE BY IPG.

The Websites may provide certain summary descriptions or other helpful information regarding Products and Services. IPG attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual product/service agreement to which they refer.

Copyright — Except as otherwise expressly stated, all Content appearing on the Websites is the copyrighted work of IPG or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of IPG and is protected by U.S. and international copyright laws.

You may download information from the Websites and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from these Websites, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of IPG or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by IPG. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. IPG does not warrant or represent that your use of Content, Products and Services or any other materials displayed on the Websites will not infringe rights of third parties.

DMCA — If you believe that any Content on the Websites violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2) (the “Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act” or “DMCA:”), please notify us immediately at feedback@ipg.com with the following specifics necessary for us to consider and respond to your complaint.

• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IPG to locate the material;
• Information reasonably sufficient to permit IPG to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims. Please send Copyright infringement claim notices to:

Implantable Provider Group
2300 Lakeview Parkway
Suite 500
Alpharetta, GA 30009
Attn.: Privacy Officer

Trademarks and Service Marks — Certain trademarks are the service marks and trademarks of IPG or one of its affiliates. The domain name for these Websites, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of IPG. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Websites are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Websites without the prior written authorization of IPG.

Ownership of information submitted via the Websites — With the exception of any personal data or personal information you submit (which shall be maintained in accordance with our Privacy Statement and Notice of Privacy Practices), any information you transmit to IPG via these Websites, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of IPG. Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. IPG shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to IPG via the Websites or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

Connection Requirements — You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Websites, and IPG reserves the right to change the access configuration of the Websites at any time without prior notice.

Accounts — In order to access certain content or features of the Websites, you may be provided with an account. Your account gives you access to certain portions of the Websites and functionality that IPG may establish and maintain from time to time and in its sole discretion. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, IPG prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to IPG associated with your account will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. Do not provide your password to any other person or use any other person’s username and password. You must notify IPG immediately of any breach of security or unauthorized use of your account. IPG will not be liable for any losses caused by any unauthorized use of your account.

Prohibited Uses — Any use or attempted use of the Websites (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Websites, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by IPG to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by IPG, or (vii) by any persons under the age of thirteen, or (viii) any use other than the business purpose for which it was intended, is, in each foregoing case, prohibited.

In addition, in connection with your use of the Websites, you agree you will not:

1. Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity, or that may give rise to criminal or civil liability on the part of IPG;
2. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any IPG representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
4. Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
6. Use the Websites’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
7. Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
8. Violate any applicable local, state, national or international law;
9. Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
10. Delete or revise any material posted by any other person or entity;
11. Manipulate or otherwise display the Websites by using framing, mirroring or similar navigational technology or directly link to any portion of the Websites other than the main homepage, www.ipg.com, in accordance with the Limited License and Website Access outlined above;
12. Probe, scan, test the vulnerability of or breach the authentication measures of, the Websites or any related networks or systems;
13. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
14. Harvest or otherwise collect information about others, including e-mail addresses; or
15. Use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any content or information on these Websites.

IPG reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. IPG may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement and Notice of Privacy Practices, IPG reserves the right at all times to disclose any information as IPG deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IPG’s sole discretion.

Right to Monitor — IPG neither actively monitors general use of the Websites under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, news group, or other material created or accessible over or through these Websites. However, IPG does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in IPG’s sole discretion, may be illegal, may subject IPG to liability, may violate these Terms of Use, or are, in the sole discretion of IPG, inconsistent with IPG’s purpose for these Websites.

No IPG Editorial Control of Third Party Content; No Statement as to Accuracy — To the extent that any of the Content included in the Websites is provided by third party content providers or other Website users, IPG has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on the Websites are those of such third party suppliers or users, respectively. IPG does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Websites or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with IPG.

Links to Third Party Websites— The Websites may contain hyperlinks to other sites owned and operated by parties other than IPG. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event the Websites provide hyperlinks to other websites that are not owned, operated or maintained by IPG, you acknowledge and agree that IPG is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. IPG is under no obligation to maintain any link on the Websites and may remove a link at any time in its sole discretion for any reason whatsoever. IPG shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. IPG is not responsible for the privacy practices of any other websites.

Disclaimer — Content and other information contained on the Websites has been prepared by IPG as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. IPG has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Websites or any other Website maintained by IPG. Users relying on Content or other information from the Websites do so at their own risk.

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the relevant product or services agreement for complete terms and conditions. Should you purchase a product or service from IPG or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of the Websites does not affect that purchase in any manner.

YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND IPG EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. WITHOUT LIMITING THE FOREGOING, IPG MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT IPG WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT, REGULATORY, OR OTHER GOVERNMENTAL AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE WEBSITES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE WEBSITES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF IPG HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITES, PRODUCTS AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE IPG AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IPG’S AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID IPG IN THE ONE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (B) FIVE HUNDRED USD ($500).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification — You agree to defend, indemnify, and hold harmless IPG, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from these Websites, your use of these Websites, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Use.

Notices — Any notices to you from IPG regarding the Websites or these Terms of Use will be posted on the Websites or made by e-mail or regular mail.

Electronic Communications — When you visit the Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

GENERAL PROVISIONS

Entire Agreement — These Terms of Use, the Privacy Statement and Notice of Privacy Practices, and other policies IPG may post on the Websites constitutes the entire agreement between IPG and you in connection with your use of the Websites and the Content, and supersedes any prior agreements between IPG and you regarding use of the Websites, including prior versions of these Terms of Use.

Governing Law; Jurisdiction; Venue; Severability of Provisions — The Terms of Use are governed by the laws of the State of Georgia, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms of Use shall be brought exclusively in the federal or state courts of Atlanta, Georgia and the parties hereby consent to the personal jurisdiction and venue of such courts. All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if any provision of these Terms of Use is found by a court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

No Agency Relationship — Neither these Terms of Use, nor any Content, materials, features, or Products and Services of the Websites create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Time Limitation on Claims — You agree that any claim you may have arising out of or related to your use of the Websites or your relationship with IPG must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Remedies — You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Contacting Us. If you have any questions or concerns about these Terms of Use, please contact us at Compliance@ipg.com or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

Implantable Provider Group, Inc.
2300 Lakeview Parkway
Suite 500
Alpharetta, GA 30009