Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Helix BioMedical ("we," "us," or "our"), a 508(c)(1)(a) faith-based healthcare organization incorporated under the laws of the State of Wyoming. These Terms govern your access to and use of our healthcare services, mobile medical clinics, diagnostic testing, telehealth platforms, educational programs, bioinformatics tools, website, and patient portal (collectively, the "Services"). By accessing or using any Service, you represent that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must immediately cease all use of our Services.

1. Acceptance of Terms

Your access to and use of our Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, patients, students, donors, researchers, and others who access or use the Services. By clicking "I Agree," creating an account, scheduling an appointment, making a donation, enrolling in an educational program, or otherwise using any Service, you agree to be bound by these Terms.

If you are a minor (under 18 years of age), you may only use our Services with the involvement, consent, and supervision of a parent or legal guardian. By permitting a minor to use our Services, the parent or guardian accepts these Terms on the minor's behalf and assumes full responsibility for the minor's compliance. Certain Services -- including diagnostic procedures, genetic testing, and surgical interventions -- require the separate written informed consent of a parent or guardian before we may render care to a minor.

If you are accessing Services on behalf of an entity -- including a company, nonprofit, government agency, or educational institution -- you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" in these Terms shall refer to that entity. If you do not have such authority, you must not accept these Terms or use the Services on the entity's behalf.

These Terms incorporate by reference our Privacy Policy, HIPAA Notice of Privacy Practices, Non-Discrimination Policy, Educational Program Disclosures, Genetic Engineering Ethics Statement, and all other policies published on our website. In the event of a conflict between these Terms and any incorporated policy, these Terms shall control unless otherwise specified.

2. Modifications to These Terms

We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. The most current version of these Terms will be posted on our website with a "Last Updated" date. We will provide notice of material changes by: (a) sending an email to the address associated with your account; (b) displaying a prominent notice on our website or patient portal; or (c) posting notice in our physical healthcare facilities, at least thirty (30) days prior to the effective date of changes, except where changes are required by law, in which case they take effect immediately.

Your continued access to or use of our Services after any modifications constitute your acceptance of the modified Terms. If you disagree with the modified Terms, you must discontinue using our Services. We encourage you to review these Terms periodically to stay informed of updates. We maintain an archive of prior versions of these Terms, which you may request by contacting us at [email protected].

3. Healthcare Services -- General Terms

3.1 Nature of Services

Helix BioMedical provides an integrated suite of healthcare services through licensed and credentialed healthcare professionals operating within the scope of applicable state and federal law. Our services include primary and preventive care, community health screenings, bioresonance therapy, point-of-care diagnostics, laboratory testing, mobile medical mission services, telehealth consultations, and ancillary health education. All clinical services are delivered by or under the supervision of appropriately licensed clinicians.

3.2 Not an Emergency Service

OUR SERVICES ARE NOT DESIGNED FOR MEDICAL EMERGENCIES. If you are experiencing a life-threatening emergency -- including but not limited to chest pain, difficulty breathing, stroke symptoms, severe bleeding, anaphylaxis, or loss of consciousness -- you must call 911 or proceed immediately to the nearest emergency room. Do not use our telehealth platform, patient portal, or any other Service to seek emergency care. We expressly disclaim any liability arising from your failure to seek appropriate emergency medical care.

3.3 Patient Eligibility

Our services are available to all individuals without regard to race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability, or ability to pay. We operate as a safety-net healthcare provider and are committed to serving underserved populations. Eligibility for specific programs, including sliding-scale fee arrangements and charitable care, is determined by our Patient Services department based on documented financial need and program availability.

3.4 Registration and Accurate Information

To receive clinical services, you must provide accurate, current, and complete information during the registration process. This includes: your full legal name and date of birth; valid government-issued identification; accurate contact information including address, phone number, and email; complete medical history including current medications, allergies, and prior diagnoses; insurance information, if applicable; and the identity and contact information of your emergency contact. You agree to update your information promptly whenever it changes. We are not responsible for any adverse outcomes arising from your failure to provide accurate or complete information. Providing false information -- including misrepresenting your identity, insurance coverage, or medical history -- may constitute fraud and may result in immediate termination of services and referral to appropriate authorities.

3.5 Patient Responsibilities

As a patient, you accept the following responsibilities: to provide truthful and complete health information to your care team; to follow prescribed treatment plans and take medications as directed unless medically contraindicated; to keep scheduled appointments or provide at least 24 hours advance notice of cancellation; to treat all healthcare staff, volunteers, and other patients with dignity and respect; to safeguard your portal login credentials and immediately report any suspected unauthorized access; to disclose all medications, supplements, and treatments obtained from other providers; to fulfill financial obligations as agreed; and to comply with all posted facility rules, including those governing visitors, photography, and conduct.

4. Mobile Clinics and Diagnostic Services

4.1 Mobile Medical Mission Operations

Helix BioMedical operates mobile medical units ("Mobile Clinics") that travel to underserved communities to deliver preventive care, diagnostics, screenings, vaccinations, and basic primary care services. Mobile Clinic service schedules, locations, and available services vary by deployment and are subject to change without notice based on operational conditions, weather, road access, equipment availability, and volunteer capacity. We make no guarantee that any specific service will be available at any specific Mobile Clinic deployment.

4.2 Scope of Mobile Clinic Services

Mobile Clinics are not equipped to handle complex medical emergencies, major surgical procedures, or conditions requiring hospital-level care. Clinicians at Mobile Clinic events may refer patients to higher levels of care when clinically appropriate. Patients who are referred to emergency or specialist care are responsible for making their own arrangements for that care; Helix BioMedical does not guarantee continuity of care beyond the Mobile Clinic encounter unless a formal patient relationship is established through our primary care program.

4.3 Diagnostic Testing

Diagnostic testing services -- including point-of-care laboratory panels, imaging referrals, and pathology specimens -- are performed by or under the supervision of licensed healthcare professionals. Test results are communicated to you through your patient portal or by direct clinician contact. We make no representation that diagnostic tests are infallible; all results must be interpreted in the context of your full clinical picture by a qualified clinician. We are not liable for patient-initiated decisions made based on raw test results without clinician review.

5. Telehealth Services

5.1 Telehealth Platform

We offer synchronous and asynchronous telehealth consultations through secure, HIPAA-compliant video and messaging platforms. Telehealth services allow you to consult with licensed healthcare providers remotely for appropriate medical concerns. By using our telehealth services, you consent to the delivery of healthcare via electronic communications and acknowledge the inherent limitations of remote care, including limitations on physical examination.

5.2 Technology Requirements and Responsibility

You are solely responsible for obtaining and maintaining the hardware, software, and internet connectivity necessary to access telehealth services. We are not liable for any failures, disruptions, or degraded quality arising from your equipment or internet connection. You must use telehealth services only from a private, secure location to protect the confidentiality of your health information. We strongly discourage accessing telehealth services from public Wi-Fi networks.

5.3 State Licensing Limitations

Telehealth services are provided only in jurisdictions where our clinicians hold appropriate licensure. Access to telehealth services may be restricted or unavailable depending on your geographic location. You represent that at the time of each telehealth encounter, you are physically located in a jurisdiction where we are authorized to provide care. We reserve the right to terminate a telehealth session or decline to prescribe medications if we determine that applicable licensing requirements are not satisfied.

5.4 Prescribing via Telehealth

Prescription medications may be issued via telehealth only where clinically appropriate and in compliance with applicable federal and state law, including the Ryan Haight Online Pharmacy Consumer Protection Act and DEA regulations governing controlled substance prescriptions. Controlled substances will not be prescribed through telehealth encounters without a prior in-person evaluation, except as expressly permitted by applicable law or applicable federal waivers in effect at the time of the encounter.

6. Educational Programs

6.1 Nature of Educational Offerings

Helix BioMedical offers educational programs, workshops, and training courses -- including its flagship CRISPR/Cas9 Bioengineering Fundamentals curriculum -- for students, healthcare workers, researchers, and community members. These programs are provided for educational and informational purposes only. They are non-accredited and do not confer academic degrees, professional licenses, or continuing education credits recognized by any state or national credentialing body, unless explicitly stated otherwise in the program description.

6.2 No Academic Accreditation

Our educational programs are not accredited by any regional, national, or specialized accrediting agency recognized by the U.S. Department of Education or the Council for Higher Education Accreditation (CHEA). Completion of our programs does not constitute a credential for purposes of professional licensure, insurance billing, clinical privilege, or employment, unless an employer independently recognizes the program. We do not represent that our educational offerings satisfy any state or federal continuing education requirements for licensed professionals.

6.3 Student Enrollment and Conduct

By enrolling in an educational program, you agree to: participate in good faith and engage respectfully with instructors and fellow students; comply with all program-specific rules, safety protocols, and laboratory guidelines; not reproduce, distribute, or commercially exploit course materials without our written consent; and acknowledge that your performance in educational programs does not create a clinical relationship between you and Helix BioMedical for purposes of medical care.

6.4 Laboratory and Biosafety Requirements

Participants in hands-on laboratory programs -- including any program involving live biological samples, genetic material, or laboratory equipment -- must comply with all applicable biosafety protocols, including the use of required personal protective equipment (PPE), proper handling and disposal of biological materials, and adherence to Biosafety Level (BSL) designations applicable to the materials used. Any participant who fails to follow biosafety protocols may be removed from the program without refund.

7. Genetic Engineering Specific Terms

7.1 Educational Use Only

Our CRISPR/Cas9 training programs and related genetic engineering curricula are provided strictly for educational purposes. Nothing in these programs constitutes authorization, instruction, or encouragement to perform genetic modification on human subjects, human embryos, or germline cells outside of a properly regulated research institution operating under an Institutional Review Board (IRB) protocol. Any application of genetic engineering techniques to human subjects requires compliance with all applicable federal and state regulations, including FDA oversight of gene therapies and the NIH Guidelines for Research Involving Recombinant or Synthetic Nucleic Acid Molecules.

7.2 Research Data and Protein Sequences

Where our programs involve access to proprietary or publicly available genetic databases, protein sequence repositories, or bioinformatics pipelines, you agree to use such data only for the purposes authorized by these Terms and any applicable database access agreement. You may not use data accessed through our programs to develop commercial products, file patent applications, or engage in competitive intelligence without our prior written consent.

7.3 Ethical Obligations

All participants in our genetic engineering educational programs must adhere to the ethical principles set forth in our Genetic Engineering Ethics Statement, incorporated herein by reference. This includes the obligation to consider the societal implications of genetic technologies, to respect the autonomy and dignity of research subjects, and to refrain from any activity that would constitute dual-use research of concern (DURC) as defined by applicable federal policy.

8. API and Technology Use

8.1 CRISPR Pipeline API

Helix BioMedical makes certain bioinformatics tools and APIs available ("Technology Services"), including sequence analysis pipelines, primer design tools, and CRISPR guide RNA design utilities. Access to Technology Services may require registration, acceptance of supplemental API terms, and payment of applicable fees. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Technology Services solely for the purposes described in the applicable documentation and these Terms.

8.2 Acceptable Use

You agree not to: use the Technology Services to develop weapons of mass destruction or biological agents capable of causing harm; attempt to reverse-engineer, decompile, or disassemble any component of the Technology Services; probe, scan, or test the vulnerability of our systems or networks; circumvent any access controls, rate limits, or authentication mechanisms; transmit malware, viruses, or other harmful code; use automated scraping or harvesting tools against our systems; or resell or sublicense access to the Technology Services without our written consent.

8.3 API Availability and Changes

We do not guarantee continuous, uninterrupted availability of our Technology Services. We reserve the right to modify, suspend, or discontinue any Technology Service at any time, with or without notice, and we shall not be liable for any damages arising from such modification, suspension, or discontinuation. We will make reasonable efforts to provide advance notice of breaking changes to API interfaces.

9. User Accounts and Authentication

9.1 Account Creation

Access to certain Services -- including our patient portal, telehealth platform, and educational programs -- requires the creation of a user account. You agree to provide accurate, current, and complete information during account registration and to keep your account information updated. You may not create an account using a false identity or using the identity of another person. We reserve the right to reject account registrations and to terminate accounts at our discretion.

9.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to: use a strong, unique password; enable multi-factor authentication where offered; log out of your account after each session, particularly on shared devices; and immediately notify us at [email protected] or (702) 825-0288 if you suspect unauthorized access to your account. We are not liable for any losses resulting from unauthorized use of your account credentials where such use results from your failure to maintain reasonable security practices.

9.3 Account Termination

We reserve the right to suspend or terminate your account, with or without notice, for: violation of these Terms; suspected fraudulent, abusive, or illegal activity; extended periods of inactivity; or at our sole discretion for any lawful reason. Upon termination, your right to access and use the Services immediately ceases. Certain data associated with your account may be retained in accordance with our data retention policies and applicable law, including HIPAA medical record retention requirements.

10. Payment and Donation Terms

10.1 Patient Payment Obligations

You are responsible for payment of all fees for clinical services rendered to you, including copayments, deductibles, coinsurance, and any balance remaining after insurance payment. Fees for specific services are disclosed prior to service delivery to the extent feasible. Copayments and fees for self-pay patients are due at the time of service unless a payment plan has been established in advance. Unpaid balances are subject to collection procedures consistent with applicable law.

10.2 Insurance Billing

As a courtesy, we will bill your insurance carrier for covered services if you provide accurate insurance information at registration. We are not responsible for denials resulting from inaccurate information you provide, failure to obtain required pre-authorizations, or services that are not covered under your plan. You are responsible for any amounts your insurer does not pay, including amounts arising from coordination of benefits determinations.

10.3 Financial Assistance and Sliding Scale Fees

As a faith-based ministry committed to serving all people regardless of ability to pay, we offer a sliding-scale fee program based on household income and family size, benchmarked against Federal Poverty Guidelines. To apply for financial assistance, you must complete a Financial Assistance Application and provide supporting documentation of income. Approved financial assistance is reviewed annually and may be adjusted based on changes in your financial circumstances. We reserve the right to modify or discontinue financial assistance programs at any time.

10.4 Charitable Donations

Donations to Helix BioMedical are voluntary and are used to support our mission of providing charitable healthcare services, mobile medical missions, and educational programs. All donations are non-refundable except where required by applicable law. We will provide written acknowledgment for donations of $250 or more. We make no representations or warranties regarding the tax deductibility of donations; donors should consult their own tax advisors. We are not responsible for errors or omissions in donation processing resulting from inaccurate information provided by the donor.

10.5 Educational Program Fees

Enrollment in educational programs may require payment of tuition or program fees, which are disclosed at the time of enrollment. Refund eligibility is governed by the refund policy published in the applicable program enrollment agreement. In general, full refunds are available if you cancel at least 14 days before a program begins; partial refunds may be available for cancellations within 14 days; and no refund is available for cancellations after a program has commenced, except where cancellation is due to our failure to deliver the program as described.

11. Prohibited Conduct

In connection with your use of our Services, you agree that you will not:

• Violate any applicable federal, state, or local law or regulation, including healthcare privacy laws, export control laws, and anti-fraud statutes;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use our Services to harass, threaten, intimidate, or harm any staff member, patient, student, or other person;
• Attempt to gain unauthorized access to any account, system, or network associated with our Services;
• Use our Services to transmit spam, phishing communications, or other unsolicited commercial communications;
• Upload or transmit content that is defamatory, obscene, pornographic, hateful, or that infringes upon the intellectual property rights of others;
• Use our Services to engage in insurance fraud, medical billing fraud, or any other fraudulent activity;
• Interfere with or disrupt the integrity or performance of our Services or the data contained therein;
• Use any robot, spider, crawler, scraper, or other automated means to access our Services for any purpose without our express written permission;
• Perform unauthorized genetic testing on another person, or use our educational resources to facilitate such testing;
• Engage in any activity that could damage, disable, overburden, or impair our servers or networks;
• Collect or harvest any personally identifiable information from our Services without authorization.

Violation of these prohibitions may result in immediate termination of your access to our Services, civil liability, and referral to law enforcement. We cooperate fully with law enforcement investigations involving violations of these Terms.

12. Informed Consent

12.1 Clinical Informed Consent

Prior to receiving any clinical procedure, treatment, or diagnostic test, you will be asked to provide informed consent. Informed consent is a process -- not merely a signature -- through which your clinician will discuss with you the nature and purpose of the proposed treatment; the expected benefits and known risks and side effects; reasonable alternatives and their respective risks and benefits; the likely consequences of declining treatment; and an opportunity for you to ask questions and receive meaningful answers in plain language.

12.2 Genetic Testing Consent

Genetic testing requires a separate, specific informed consent process that complies with applicable state and federal law, including the Genetic Information Nondiscrimination Act (GINA) and applicable state genetic privacy laws. This consent process includes disclosure of: the specific tests to be performed; the types of genetic information that may be revealed; the potential implications for you and your biological relatives; how the results will be stored, used, and disclosed; your right to decline testing or to withdraw consent prior to testing; and options for genetic counseling before and after testing.

12.3 Right to Withdraw Consent

You have the right to withdraw your consent to any treatment at any time, provided that withdrawal is communicated before the treatment has been initiated in a way that withdrawal is no longer feasible. You may withdraw consent for genetic testing at any time before your biological sample is processed. Withdrawal of consent will not affect treatment you have already received, and your care team will discuss the clinical implications of declining further treatment. We will not retaliate against any patient for exercising the right to refuse or withdraw consent.

13. Healthcare Disclaimers

13.1 No Guarantee of Outcomes

Medicine is not an exact science. We do not guarantee any specific clinical outcome, treatment result, diagnostic accuracy, or the success of any procedure. The practice of medicine involves inherent risks and uncertainties, and results vary among patients based on individual physiology, adherence to treatment, and other factors outside our control. No statement by any of our personnel constitutes a guarantee of results.

13.2 Alternative and Complementary Therapies

Certain services offered by Helix BioMedical, including bioresonance therapy, are classified as complementary and alternative medicine (CAM). These services are not FDA-approved to diagnose, treat, cure, or prevent any disease or medical condition. The scientific evidence supporting the efficacy of certain CAM modalities is limited and in some cases contested. We strongly encourage patients using CAM services to disclose this to all of their healthcare providers to facilitate coordinated care and to avoid adverse interactions with conventional treatments.

13.3 Website and Portal Content

The health information published on our website, patient portal, and educational materials is provided for general informational purposes only. It does not constitute medical advice, does not establish a physician-patient relationship, and should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking it because of content you read on our website.

14. Data Handling and Privacy

Your use of our Services is subject to our Privacy Policy and, for health information, our HIPAA Notice of Privacy Practices, both of which are incorporated by reference into these Terms. By using our Services, you consent to the collection, use, and disclosure of your personal and health information as described in those documents. We implement administrative, technical, and physical safeguards to protect your information against unauthorized access, use, or disclosure, in accordance with the HIPAA Security Rule and applicable industry standards.

You acknowledge that no method of electronic transmission or data storage is 100% secure. While we use commercially reasonable means to protect your information, we cannot guarantee absolute security. In the event of a breach affecting your unsecured protected health information, we will notify you in accordance with the HIPAA Breach Notification Rule and applicable state breach notification laws.

For educational program participants, your academic records are governed by applicable student data privacy principles, and we will not disclose your educational records to third parties without your consent except as required by law. For research participants, your data is governed by applicable IRB protocols and our Research Data Policy.

15. Intellectual Property

15.1 Our Intellectual Property

All content, materials, software, trademarks, service marks, logos, and intellectual property published or made available through our Services -- including but not limited to the CRISPR/Cas9 curriculum, bioinformatics tools, patient education materials, and website content -- are the exclusive property of Helix BioMedical or our licensors, and are protected by U.S. and international copyright, trademark, patent, and trade secret laws. Nothing in these Terms grants you any ownership interest in our intellectual property.

15.2 Limited License to Users

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use our website and Services for your personal, non-commercial use. You may not copy, reproduce, modify, create derivative works from, distribute, sell, or exploit any content from our Services without our prior written consent. Educational materials provided to enrolled students may be used for personal study only and may not be redistributed, sold, or published in any form.

15.3 User-Submitted Content

If you submit, upload, or otherwise provide any content to our Services -- including forum posts, feedback, research data, or educational contributions -- you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and publish that content for our operational and educational purposes, subject to our Privacy Policy. You represent that you own or have the necessary rights to grant this license and that your content does not infringe upon the intellectual property rights of any third party.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HELIX BIOMEDICAL, ITS OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, VOLUNTEERS, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES -- INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES -- ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US FOR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

The foregoing limitations do not apply to: (a) liability for gross negligence or willful misconduct; (b) liability for bodily injury or death resulting from our negligence; (c) liability for fraud or fraudulent misrepresentation; or (d) any other liability that cannot be excluded or limited under applicable law, including any liability under the Wyoming Medical Liability Act to the extent applicable.

You acknowledge that the limitations of liability set forth in this section are a fundamental element of the basis of the bargain between you and Helix BioMedical, and that we would not be able to provide our Services on a charitable and sliding-scale basis without these limitations.

17. Indemnification

You agree to defend, indemnify, and hold harmless Helix BioMedical and its officers, directors, trustees, employees, volunteers, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of or access to the Services; (b) your violation of any provision of these Terms; (c) your violation of any applicable law or regulation; (d) your infringement of any third-party intellectual property or privacy right; (e) any content you submit to the Services; or (f) any misrepresentation made by you in connection with the Services.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense, in which case you agree to cooperate with our defense of such claims. You may not settle any claim subject to indemnification without our prior written consent.

18. Dispute Resolution and Arbitration

18.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us in writing at [email protected] or (702) 825-0288 and attempt to resolve the dispute informally. We will attempt to respond within 30 days. Many concerns can be resolved at this stage without formal proceedings.

18.2 Binding Arbitration

Except for claims that may be brought in small claims court, and except for claims related to the infringement of our intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules or Healthcare Industry Arbitration Rules, as applicable, in effect at the time the dispute arises. The seat of arbitration shall be Cheyenne, Wyoming. The language of the arbitration shall be English.

18.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.

18.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the appointment of an arbitrator or resolution of the dispute through arbitration. Claims for HIPAA violations may be filed with the U.S. Department of Health and Human Services Office for Civil Rights and are not subject to arbitration under these Terms.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without giving effect to any choice of law or conflict of law provision or rule. To the extent any dispute is not subject to arbitration under Section 18, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Laramie County, Wyoming.

If you are accessing our Services from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws. Nothing in these Terms is intended to subject us to the laws or jurisdiction of any state, country, or territory other than the State of Wyoming and the United States of America.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy, HIPAA Notice of Privacy Practices, and any supplemental terms applicable to specific Services, constitute the entire agreement between you and Helix BioMedical with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral, relating to the Services.

20.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not feasible, severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

20.3 Waiver

No waiver by Helix BioMedical of any breach or default of any provision of these Terms shall be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. Any attempted assignment without consent is void. We may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, provided that the assignee assumes all of our obligations under these Terms.

20.5 Notices

All notices from you to us under these Terms must be sent in writing to: Helix BioMedical, Attention: Legal Department, [email protected] or by phone at (702) 825-0288. We may send notices to you via the email address or physical address associated with your account, or through the patient portal. Notice is effective upon receipt.

20.6 Force Majeure

We shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, labor strikes, government actions, power outages, or failures of telecommunications infrastructure. We will make commercially reasonable efforts to mitigate the impact of force majeure events on our Services.

20.7 Contact Information

For questions about these Terms, to exercise any rights described herein, or to report a violation, please contact us:

• Email: [email protected]
• Phone: (702) 825-0288
• Organization: Helix BioMedical, a 508(c)(1)(a) faith-based healthcare organization, Wyoming jurisdiction