Terms and Conditions

700 Oak Grove Road, Chesapeake, Virginia 23320
757-977-8500 | admin@procreatefertility.com | procreatefertility.com

Effective Date: January 2, 2024

1.Introduction

Welcome to Procreate Fertility Center of Virginia, PLLC, where we provide specialized fertility care. These terms govern your use of our clinic services, website, and patient portal (collectively, our “Services”). By using our Services, you agree to follow these terms. If you don’t agree, please don’t use our Services. We comply with the Health Insurance Portability and Accountability Act (HIPAA) to protect your health information. For details, see our Privacy Policy and Notice of Privacy Practices (NPP) at https://drive.google.com/file/d/1-asflJw-h96yMAfLPhU8YogrRKkDLnhm/view?usp=drive_link

2. Definitions

• Services: Our clinic, website (com), patient portal, and related applications.
• User: Anyone using our Services, including patients, prospective patients, or authorized representatives.
• Patient: A User receiving fertility treatments or consultations.
• Health Information: Medical or billing data (also called Protected Health Information or PHI) is protected under HIPAA.

3. Account Registration and Responsibilities

To use certain features (e.g., patient portal), you must:

1. Be at least 18 years old or have parental consent if under 18.
2. Provide accurate, complete information during registration and keep it updated.
3. Keep your account login details confidential and report any unauthorized access to our Privacy Officer at denisej@procreatefertility.com. We may suspend or terminate accounts if the information is false, misleading, or violates these terms.

4. Using Our Services

We permit you to use our Services for purposes like scheduling appointments, accessing health records, or communicating with our team, as long as you:

• Follow all laws, including HIPAA and Virginia health regulations.
• Avoid illegal activities, such as hacking, sharing others’ data without permission, or posting harmful content.
• Protect health information you access or submit, per HIPAA rules.

5. Privacy and Data Protection

We protect your information, including health records and billing details, using our shared Electronic Medical Record (EMR) system with IVF Virginia, our lab division. Our Privacy Policy is available at procreatefertility.com, explains how we collect, use, and share your information. We use industry-standard security, like encryption and access controls, but no system is fully secure. If a data breach occurs, we’ll notify you within 60 days by email or mail, as required by law.

6. Your Responsibilities

As a User, you agree to:

• Provide accurate medical information and follow treatment instructions.
• Report any security issues or unauthorized account access to our Privacy Officer immediately.
• Use our Services appropriately, avoiding misuse like posting false reviews or disrupting operations.

7. Intellectual Property

All content on our Services (e.g., text, logos, medical information) belongs to Procreate Fertility Center of Virginia, PLLC, or our partners and is protected by law. You may not copy, share, or modify this content without our written permission.

8. Limitation of Liability

Our Services are provided “as is.” We work to ensure they’re reliable, but can’t guarantee they’ll be error-free or virus-free. We’re not responsible for:

• Losses from using our Services, including issues with medical advice (always confirm advice during consultations).
• Any damages beyond the fees you paid us in the past 12 months.

9. Termination

We may suspend or terminate your account if you violate these terms or HIPAA rules. You can close your account by emailing our Privacy Officer at denisej@procreatefertility.com or our admin team at admin@procreatefertility.com. Please include your full name and account details in your request. We’ll process your request within 30 days and confirm closure by email. Closing your account stops access to our patient portal, but we’ll retain your health records as required by law. (see our Privacy Policy, Section 7, for details).

10. Changes to These Terms

We may update these terms to reflect changes in our Services or laws. We’ll notify you of major changes by posting updates on our website, sending an email, or alerting you in the patient portal. Continuing to use our Services after updates means you accept them.

11. Dispute Resolution

Disputes about these terms will be resolved through good-faith negotiation. If unresolved within 30 days, disputes will go to mediation in Chesapeake, Virginia, with costs shared equally. If mediation fails, binding arbitration under the American Arbitration Association rules will apply, with the prevailing party entitled to reasonable attorney’s fees.

12.Governing Law

These terms are governed by Virginia law. Any legal disputes will be handled in the courts in Chesapeake, Virginia.

13. Contact Information

For questions or to exercise your privacy rights, contact our Privacy Officer:

• Email: denisej@procreatefertility.com
• Address: Procreate Fertility Center of Virginia, 700 Oak Grove Road, Chesapeake, Virginia 23320
• Phone: 757-977-8500
• For general inquiries, email admin@procreatefertility.co For HIPAA complaints, contact the U.S. Department of Health and Human Services Office for Civil Rights.