Membership Terms of Use

Welcome to HIPnation^®! We are excited to have you join our community where patients are first. Below you will find a Membership Agreement that is required of HIPnation members. Many of the obligations in the agreement are ours, but there are some important obligations on your part, too. So, please read this agreement carefully AND THOROUGHLY. If you have any questions or concerns, please reach out to us at membershipservices@hipnation.com.

HIPnation Membership Agreement

This HIPnation Membership Agreement (this "Agreement"), is between you and HIP Management Georgia, LLC ("HIP," "we," "us" or "our"), a Georgia limited liability company.

We, through an arrangement with HIP Medical Georgia, LLC ("HIP Medical"), agree to provide healthcare services on the terms and conditions set forth in this Agreement, which will become effective when (i) you have completed the HIPnation sign-up process and clicked the "I AGREE" button, and (ii) we have received your first payment due hereunder.

BY CLICKING THE "I AGREE" BUTTON, YOU AGREE

(i) TO ENTER INTO THIS AGREEMENT ELECTRONICALLY AND TO ABIDE BY ITS TERMS,

(ii) THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD,

(iii) WE MAY CHARGE YOUR CREDIT CARD OR BANK DRAFT INFORMATION PROVIDED TO US UPON SIGN-UP FOR YOUR MONTHLY MEMBERSHIP FEE AND FOR THE ANCILLARY SERVICES YOU MIGHT USE THROUGH OUR CONTRACTED THIRD-PARTY PROVIDERS, AND

(iv) THAT YOU UNDERSTAND THAT HIPNATION IS NOT INSURANCE.

TO STOP ANY RECURRING OR VARIABLE CREDIT CHARGES FOR ANCILLARY SERVICES AT ANY TIME, CONTACT US AT: membershipservices@hipnation.com or call us at 888-676-6007.

Your Membership Rights and Privileges.

Patient-Centered System. As a member of HIPnation, you are a part of a patient-centered healthcare system. The relationship-based care you will receive as a member will be patient-centered, accessible, team-based, coordinated, compassionate, and focused on quality, safety, and health improvement. By focusing on you and your unique needs and preferences, the healthcare professionals of HIP Medical will work to improve the quality, effectiveness, and efficiency of your care.

Access to Your Team of HIP Medical Service Providers. As a HIPnation member, you will have access to a HIP Medical primary care physician (your "PCP") who is part of a larger team of medical service providers with HIP Medical. Your PCP will get to know you and will be dedicated to spending time with you as a partner in your overall care. Your PCP, and the office team of which he/she is part, want to work together to improve your overall health, well-being, and satisfaction. Your PCP has access to a network of specialist physicians who are available to assist and support him/her. Your PCP will take responsibility for providing for your primary healthcare needs and for arranging care, when needed, with other medical professionals associated with HIP Medical or otherwise.

New Technologies. We plan to develop new technologies to help ensure optimal patient care, to better measure performance, and to improve communication between you and your healthcare providers. You will be given the cell number for your PCP, and you may communicate with him/her using tools not normally available to patients outside of HIPnation's patient-centered approach.

Specialists and Low Cash-Based Rates. When your circumstances require specialized care, your PCP will provide an opportunity to help you make arrangements to see selected specialists who are willing to accept low cash-based payments from you in return for the services you need.

Ancillary Services. When you need ancillary services, such as lab work, imaging services, or specialty care, we have contracted with third-party providers who are willing to accept low cash-based payments from you for such products and services. We will help you coordinate with the providers of all of these ancillary services as needed.

Within your HIPnation Primary Care Physician's office, we often provide access to medical testing, labs, certain office procedures, diagnostic evaluations, and therapeutic options at significantly reduced rates. We can continue to offer these low-cost rates by charging your credit card or coordinating direct bank drafting to pay for these services. So, unless you "opt out" of such payments, we will charge the same credit card or bank account that you provide to us for payment of your monthly membership fee. In each such case, you will receive a confirmatory email (at the email address you provided to us) promptly after the charge has occurred.

In addition, we have partnered with a national laboratory company to provide access to low cost labs that can be obtained outside of your PCP's office. In the same manner as in the preceding paragraph, the HIPnation-negotiated, low-cost rates for the labs will be charged to your credit card or bank account. If, however, you receive a charge that seems higher than expected, please reach out to membershipservices@hipnation.com, and someone with membership services will help ensure that the charges are, in fact, correct.

Please understand that your HIPnation membership does not include any pharmaceutical benefits. We suggest that members pay cash for needed prescription medications. Often such cash prices are lower than prices under insurance-based plans. Please ask your PCP for help in finding the best prices for prescription medications.

Seeing your PCP. We encourage you to contact your PCP often and to see him/her whenever needed. As a membership-based delivery model, all of your interactions with your PCP are provided as part of your monthly membership fee. There are no co-pays for your PCP visits. We believe that more interactions with your PCP can help you become healthier and stay healthier.

Your Personal Information. Information regarding your health is between you and your HIP Medical PCP and other healthcare or medical service providers. We do not request, collect, or store such information that is patient specific and identifiable to a specific patient. We do, however, collect or store such information that is not patient specific and not identifiable to a specific patient. However, we will collect and store your name, age, email address, mailing address, phone number, and other administrative information that you provide to us. We need your credit card number and/or bank account details; however, we do not store the actual number(s). A third-party maintains a protected, encrypted version of the number(s). All such information is secured and used as described in our Privacy Policy found at http://www.hipnation.com/.

Your Obligations.

Payment of Your Membership Fees. By submitting your credit card and/or bank account information to us and clicking the "I AGREE" button, you authorize us to charge your credit card or bank account for your monthly membership fee. Membership fees are due upon your membership start date. Your credit card and/or bank account will be charged on this same date every month thereafter. This date is your membership payment due date. Once paid, you will have access to the HIPnation program until your subsequent membership payment due date. If payment for your membership fee is declined and/or we do not receive payment upon the membership payment due date, your account will be suspended until your account is brought current, and none of the options described herein will be available to you during the period of suspension. If your account remains unpaid 60 days after your initial missed membership payment due date, your membership will be canceled. If you need assistance our team members are available to discuss automatic draws or automatic charges on credit cards or bank accounts. You understand that changes to your membership, and/or your use of ancillary services from our contracted third-party providers, may change the amount charged to your credit card or bank account on a monthly basis. You will receive a confirmatory email (at the email address you have provided to us) promptly after your card or bank account is charged. Please understand that payment for only certain ancillary services will be handled by credit card charges or bank drafts. For example, payments for specialist services will not be paid via a credit card charge or by bank draft.

Changing your HIPnation Primary Care Physician. HIPnation is founded upon the concept of relationship-based care. This begins with your HIPnation Primary Care Physician. This relationship requires fostering and engagement from both our members and their HIPnation Primary Care Physician. It is for this reason that when you join HIPnation, you choose one HIPnation Primary Care Physician. However, we understand that not all relationships work, and change may be necessary. In the instance where a member feels the need to choose a different HIPnation Primary Care Physician, such member is to contact membership services via email at membershipservices@hipnation.com and request a change in their PCP. This request must occur at least 5 days prior to the beginning of the following month. The member then begins with their new Primary Care Physician beginning the 1^st of the following month.

Payment for Specialists and Ancillary Services. HIP Medical provides primary care healthcare or medical services. We connect you to your primary care provider and his/her office teams as part of a primary care monthly membership program. When your care requires specialists and ancillary services, we help schedule such services, whenever possible, with outside providers with agreements with us. When you need such services, you have the opportunity to pay low cash-based rates requested by needed specialists and ancillary service providers when you receive their services. If you choose to purchase care from physicians and providers participating in our HIPnation system, the rates paid to such physicians and service providers will be lower than otherwise would be the case. If we can save you even more money by charging your credit card or using a bank draft to pay for certain ancillary services such as telemedicine for specialty care and if you have not "opted out" of such charges, then we will charge your credit card or bank account for those services. If you choose to see specialists or receive ancillary services from those not participating in our HIPnation system, your costs could be much higher, and you will need to pay them directly in all such cases. If you have an insurance/insurance alternative product paired with HIPnation that helps cover the costs of specialists and ancillary services, then you have the option to use this as well.

Consider Additional Insurance Products. HIPnation membership is not insurance, and even with perfect care, we cannot fully protect patients from experiencing health challenges requiring specialty care and services and sometimes hospitalization and expensive treatments. If you want to plan ahead for times when your health requires more than great primary care, we have special relationships with third-party providers of various insurance/insurance alternative products to compliment your HIPnation membership. We strongly encourage all our members to consider the additional medical sharing or insurance products as discussed more fully at www.hipnation.com. Membership in HIPnation does not guarantee issuance of any additional insurance products.

Compliance with ACA. Those living in the United States are required to comply with all applicable federal, state and local laws, rules, and regulations, including federal and state laws relating to health insurance. The ACA is legislation that sets up an insurance-based system to pay for care. The HIPnation program is a healthcare model that is an alternative to the insurance-based system, and we believe it is a better way to access and pay for high quality primary care medical services. HIPnation is not insurance. Again, however, we suggest that members consider their unique circumstances and what is best for them in terms of ACA compliance requirements.

Benefits Requiring Payment. Specialty physicians participating in HIPnation offer services such as colonoscopies, immunizations, other diagnostic and preventative care products and services for low cash-based rates to our members. ACA insurance plans offering "free" access to such additional services and products charge high monthly premiums to cover high charges for such products and services. In an effort to keep costs down, we designed a less expensive delivery option for you. You may, however, pay more per month for certain additional preventative measures as discussed more fully below.

Term and Termination

Term of Membership. Your membership rights, privileges, and obligations begin immediately when you sign-up for membership in HIPnation and we receive your first month's payment. This is your membership start date. This Agreement (and thus your membership) will be for an initial period of six (6) months, after which time this Agreement (and your membership) will continue on a month-to-month basis, unless and until it is terminated per the terms below. (The reason for the six (6) month initial period is to prevent unscrupulous individuals from simply joining for a few months only to receive urgent care, then promptly canceling their membership.)

Termination. Either party may terminate this Agreement at any time after the first six (6) months for any reason at all, or for no reason, by giving notice to the other party, without penalty or liability for such termination. In order to cancel your membership, you must provide notice to HIPnation membership services at membershipservices@hipnation.com 5 days prior to your membership payment due date. If notice is given after 5 days prior to your membership payment due date, then you must still pay the membership fee, and termination will be effective at the next membership payment due date. You will continue to have access, at your option, to all member services until such termination takes effect. There will be no refunds of payment if the above termination policy is not followed. You agree that you will make all required payments for months during which you are a member; and if you have provided us with your credit card or bank account information you hereby authorize us to charge your credit card or bank account for such required payments. (See also "Changes to Agreement" below for other circumstances allowing termination.)

General Terms

Limitations on Liability. NEITHER YOU, ON THE ONE HAND, NOR HIP OR HIP MEDICAL, ON THE OTHER HAND, WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, PUNITIVE (but not with respect to HIP Medical) OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW. EXCLUDING CLAIMS ARISING OUT OF PROFESSIONAL NEGLIGENCE, OUR MAXIMUM LIABILITY TO YOU IS LIMITED TO THE FEES THAT YOU HAVE PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO OUR LIABILITY, PLUS INTEREST AS ALLOWED BY LAW. WE WILL HAVE NO LIABILITY TO YOU FOR OUR INABILITY TO PERFORM ITS OBLIGATIONS HEREUNDER DUE TO EVENTS OUTSIDE OUR REASONABLE CONTROL, SUCH AS CHANGES IN LAW, OR ACTS OF GOD.

You understand and agree that we are not liable to you under this Agreement for any acts or omissions committed by (i) your PCP, (ii) any of the healthcare or medical professionals to which you gain access as a member of HIPnation, or (iii) by any third-party providers of insurance products, regardless of whether we have a contractual relationship with them. Any legal rights you may have against those people or entities would be separate and apart from this Agreement. Your PCP is a member and agent of HIP Medical Georgia, and all primary care is provided through HIP Medical GA. HIP is a management services entity that contracts with HIP Medical for primary care healthcare services to HIPnation members.

You also agree that you will look only to HIP or HIP Medical (if involving healthcare services) and only to their assets and property for satisfaction of any of your legal remedies arising under this Agreement, and that no assets or property of any member, officer, director, employee, or agent of HIP or any of its affiliates will be subject to collection, levy, judgement, or any other enforcement action arising out of this Agreement.

Disclaimer of Warranties. HIPNATION^® DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE; OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT.

Indemnification. We will indemnify, defend and hold you harmless from and against any and all third party demands, claims, actions or proceedings seeking a remedy for personal injury (including death) to any person, damage to the property (real, personal or intellectual) of any person or entity, or any financial or commercial harm or loss, and all fines, judgments, settlements, penalties, liabilities, losses, costs and expenses, including reasonable attorneys' fees and expenses (collectively, "Claims") suffered by you in direct connection therewith, to the extent caused by any breach by HIP of any material term of this Agreement. Any such compliance issue or challenge will not give rise to indemnity obligations on our part.

You will indemnify, defend and hold harmless HIP and HIP Medical and their affiliates, and each of their respective members, officers, employees, and agents against all Claims, whether brought by you or by third parties, to the extent caused by (i) any breach by you of any material term of this Agreement; or (ii) any false or misleading statements you make to HIP, your PCP, or any other healthcare provider or provider of insurance.

Governing Law. This Agreement will be governed by and construed according to the internal laws of the State of Georgia, without giving effect to any choice or conflict of law provision or rule. You and we agree that any legal suit, action, or proceeding arising out of relating to this Agreement or your membership in HIPnation shall be instituted in the U.S. federal courts or the courts of the State of Georgia, in each case located in Gwinnett County, and you and we irrevocably submit to the exclusive jurisdiction of such courts. Service of process, summons, notice or other document sent by mail to either party's address (as indicated in the "Notices" paragraph below) shall be effective service of process for any suit, action or other proceeding between you and us.

Entire Agreement. This Agreement, together with our Privacy Policy located at http://www.hipnation.com/, constitutes the entire agreement between you and us with respect to your membership in HIPnation and supersedes all other statements, writings, understandings, or agreements, whether oral or written.

Changes to Agreement. If we both agree to change the terms of this Agreement, we can do so only by entering another agreement that amends or replaces this one, which is either signed (by hand) by both parties, or entered using the same electronic method as used to enter this Agreement. However, notwithstanding the foregoing, upon the enactment of any law or regulation, or any order or direction of any governmental agency affecting this Agreement, we may, by written notice to you via email, or by posting notice to all members on our website at www.hipnation.com, amend this Agreement in such manner as we determine necessary to comply with such law or regulation, or any order or directive of any governmental agency. If our changes would increase your payments under this Agreement, or reduce your benefits as a member, or reduce any of your rights under this Agreement, then you can terminate this Agreement within ten (10) days of such change by giving us written notice of your termination, and you will receive a pro rata (calculated on a 30-day month) refund of any monthly fees you may have pre-paid for timer periods after (i) the date the changes to the Agreement become effective, or (ii) the date we receive your notice, whichever is later. All of your of membership benefits will stop on that same date. If you do not terminate this Agreement within the ten (10) day period referenced above, then you will be deemed to have agreed to the changes. You understand that changes to this Agreement will change the amount charged to your credit card or pulled from your bank account on a monthly basis.

No Waivers. No waiver by you or by us will be binding unless it is set forth in a writing signed by the waiving party. Just because you or we may fail to exercise one or more of our rights under this Agreement does not mean that you or we have waived our rights to do so; and even if waived in a properly signed writing, waiving a right one or more times cannot be interpreted as an ongoing waiver of the same right or any other right. For example, if you have failed to pay your monthly fees, but your PCP still agrees to see you, you cannot interpret his/her willingness to see you as a waiver of your responsibility to pay, nor as an ongoing obligation of HIP Medical or your PCP to continue providing services.

Assignment. This Agreement may not be transferred or assigned by you without our prior written permission, and any transfers or assignments inconsistent with this section shall be null and void. This Agreement may be transferred or assigned by us, in whole or in part, without your consent to one of our affiliates or to an entity that acquires all or substantially all of our business or assets, whether by merger, reorganization, acquisition, sale, or otherwise.

Successors. This Agreement is binding upon the Parties, their lawful successors, and permitted assigns.

Execution. The Parties have agreed that this Agreement will be deemed approved, accepted, agreed to, executed, and delivered when a you click the "I ACCEPT" button on our website. In addition, you are accepting this Agreement on behalf of your spouse/partner and all minor dependents for whom you are registering.

No Third-Party Beneficiaries. No other person or entity that is not a party to this Agreement will have any equitable or other rights or obligations by virtue of this Agreement, as a third-party beneficiary or otherwise.

Severability. Each provision of this Agreement is severable and the invalidity of any part or section shall not affect the enforceability of the remainder.

Notices. Notices sent under this Agreement will be deemed to have been given (i) when received by the addressee if sent by a nationally recognized overnight courier; or (ii) on the third day after the date mailed by certified mail; or (iii) on the third day after such notice is sent by email. We will send notices to you at the address or email you provided to us when you signed up for our services. You can update your address or email at any time by emailing us at membershipservices@hipnation.com. When you send notices to us, you must send them to HIPnation Operations & Solutions LLC by email to membershipservices@hipnation.com.