BIOHAX Terms OF SERVICE

These Terms of Service (“Terms”) are an agreement between you and BIOHAX INSTITUTE, LLC, a Florida limited liability company (“Company” or “we” or “our”) and govern your access to, and use of our website and content [www.biohaxmedical.com], and any web-based and/or mobile application that require you to create an account in order to use the Services (as such term is hereinafter defined) (collectively, the “Site”) or any products for which the Company provides you access to purchase (collectively, “Products”). The Site and Products may collectively be referred to as the “Services” throughout these Terms.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL “911” IMMEDIATELY.

Please read these Terms carefully before accessing and/or using the Site and/or Products.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH THE COMPANY ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 13 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. 1. General

1. a. Acceptance of Terms. By accessing and/or using the Site and/or Products, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Products.

1. b. Amendment of Terms. The Company may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to, or use of, the Site or Products after such posting constitutes your consent to be bound by the Terms, as amended. The Company may also terminate the Services entirely. The Company is not liable for any such modification, suspension, or termination of the Services.

1. c. Additional Terms. In addition to these Terms, certain products or services may be subject to additional terms, conditions, guidelines or rules which may be posted, communicated or modified by us. Your use of any such products or services is subject to those additional terms and conditions, which are hereby incorporated by reference into these Terms.

1. d. Privacy. For information related to our privacy practices, please review our Privacy Policy which can be found here [https://biohaxmedical.com/privacy-policy].

1. e. Availability. The Services are available in all fifty (50) states plus the District of Columbia. The Company is based in the United States. The Services are provided for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and you are solely responsible for compliance with local laws, including export laws as applicable.

1. f. Eligibility. You may only use the Services and purchase Products if you are at least eighteen (18) years of age. By accessing, using and/or submitting information to or through the Services, you represent that you are not younger than age 18. If you are a parent or legal guardian and consent to your minor child’s access to and use of the Services, you agree to be bound by these Terms on behalf of yourself and your minor child.

1. g. Risks of Telehealth Services. By using the Services remotely, you acknowledge the potential risks associated with Services provided via telehealth These include, without limitation, the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Company and/or the Professional Entities (as such term is hereinafter defined in Section 2(a); delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information. Services may only be provided via telehealth where permitted by applicable law and by a Provider who is appropriately licensed or otherwise authorized to provide such Services in the jurisdiction where you are physically located at the time the Services are provided. You may be required to confirm your physical location before receiving telehealth Services

1. h. Prescription Policy. Neither the Company nor the Professional Entities endorse any specific medication, pharmacy, or pharmacologic product. If a health care provider associated with the Company and/or the Professional Entities (individually, a “Provider” or collectively, the “Providers”) prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions you obtain from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

1. 2. Your Relationship with the Company

1. a. The Company, on its own behalf and on behalf of one or more professional corporations incorporated with which the Company has retained to provide clinical professional services, including but not limited to Beluga Health, P.A., a Florida professional association (collectively, the “Professional Entities”), makes certain information available to you regarding [physical and mental health well-being, improvement and clinical advice] and facilitates your access to medical services provided by the Company and/or the Professional Entities, either in person or via telehealth. Our Privacy Policy, which may be found here [https://biohaxmedical.com/privacy-policy], details how we may use, share and maintain any information that you provide to us or to the Professional Entities. The Company is not responsible for the Professional Entities’ acts, omissions or for any content of the communications made by them to you. The Professional Entities and the Providers are responsible for the professional medical services they provide and exercise independent professional judgment with respect to such services.

1. b. INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY THE COMPANY IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP OR SUPPLANT OR REPLACE YOUR EXISTING PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. USE OF THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.

1. 3. Use of the Services

1. a. Our Content. The Services, including, without limitation, all materials, concepts, programs, plans, streaming audios or videos, provided either orally or in writing, are owned and operated by Company and its licensors. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), or any music, images, video, text, services, and all other material or elements of or available through the Site (“Content”) are protected by the copyright, trade dress, patent, and trademark laws of the United States and other countries, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Content contained on the Site is the copyrighted property of Company or its third-party licensors. All trademarks, service marks, and trade names are proprietary to Company or its third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, download, record, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and may only access the Content for your personal, non-commercial use. In the event that Content are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Content. All rights not expressly granted in these Terms are reserved by Company.

1. b. Electronic Communications. You expressly consent to receipt of electronic communications from Company through posts on the Services and via the email you provided. All agreements, notices, disclosures, authorizations, verifications, confirmations, or other electronic communications Company provides according to this paragraph satisfy any legal requirement for written communication.

1. 4. Non-MEMBERSHIP PRODUCTS AND SERVICES

1. a. Certain Products and Services may be purchased individually on an one-time, “pay-as-you-go” basis.

1. b. The list of Products and Services available for one-time purchases, and the prices for such Products and Services, are available at [insert Biohax website address].

1. 5. Membership and Cancellation

1. a. Membership Period. Your enrollment in any of the Company's membership programs (each, a “Program”) will be for a term of twelve (12) months. Your membership in a Program (the “Program Membership”) will commence upon the Company's receipt of all required enrollment documentation and payment of the applicable Program Fees and will continue for a period of twelve (12) months from such commencement date. Details on fees, costs, payments, cancellation, and refunds are provided in Sections 5.b – 5h., below.

1. b. Membership Fees. The applicable fees for each Program consist of an annual fee (the “Annual Fee”) and a monthly membership fee (the “Monthly Membership Fee” and, together with the Annual Fee, the “Program Fees”). The Company offers the following Program Membership options:

1. (i) Foundations Program

Annual Fee:

• ‒ Two Thousand Nine Hundred Ninety-Five Dollars ($2,995.00) PLUS
  Monthly Membership Fee

Monthly Membership Fee:

• ‒ Five Hundred Ninety-Five Dollars ($595.00) per month

The Foundations Program includes:

Clinical Access:

• ‒ Up to 6 hours of clinician consultation per membership year.

• ‒ Access to the Biohax clinical team, subject to scheduling and clinician availability.

Food & Lifestyle Support:

‒ Up to 3 hours of food and lifestyle support per membership year.
‒ Food and lifestyle support sessions are scheduled in 30-minute increments.
‒ Food and lifestyle support is based on recommendations made by the member’s physician and is separate from the 6 hours of clinician consultation time included in the Foundations Program.
‒ Additional food and lifestyle support hours are not available for purchase under the Foundations Program. Members who wish to continue receiving food and lifestyle support after using the 3 included hours may upgrade to the Performance Program.

Included Testing:

The following testing is included in the Annual Fee:

• ‒ Comprehensive Advanced Blood Panel

• ‒ Epigenetic Test (EET)

Open Pharmacy Access at Cost:

• ‒ Access to Biohax's Open Pharmacy program.

• ‒ Members pay the actual pass-through cost charged to Biohax by the dispensing pharmacy for medications, peptides, supplements, and other eligible pharmacy products.

• ‒ Pharmacy products are not included in any fees payable to Biohax and will be billed separately by Biohax at the applicable pharmacy cost.

Additional Testing at Cost

• ‒ Members may access additional laboratory testing at the actual pass-through cost charged to Biohax by the laboratory.

• ‒ Additional testing is not included in any fees payable to Biohax and will be billed separately by Biohax at the applicable laboratory cost.

Treatment & Wellness:

• - Access to treatment protocols recommended by the Biohax clinical team based on the member's individual needs.

• - Supplements, peptides, medications, and other treatment options may be available through the program at the applicable pharmacy or supplier cost.

• - All treatments are subject to clinical evaluation, medical appropriateness, availability, and applicable laws and regulations.

1. (ii) Performance Program

Annual Fee:

• ‒ Four Thousand Nine Hundred Ninety-Five Dollars ($4,995.00) PLUS Monthly Membership Fee

Monthly Membership Fee:

• ‒ Nine Hundred Ninety-Five Dollars ($995.00) per month.

The Performance Program includes everything in the Foundations Program, plus expanded clinical access and additional testing.

Clinical Access:

• ‒ Up to 16 hours of clinician consultation per membership year

• ‒ Expanded access to the Biohax clinical team, subject to scheduling and clinician availability.

Food & Lifestyle Support:

• ‒ Up to 6 hours of food and lifestyle support per membership year

• ‒ Food and lifestyle support sessions are scheduled in 30-minute increments

• ‒ Food and lifestyle support is based on recommendations made by the member’s physician and is separate from the 16 hours of clinician consultation time included in the Performance Program.

• ‒ After the 6 included hours have been used, members may continue receiving food and lifestyle support at a rate of $50 per hour.

• ‒ Additional food and lifestyle support will be billed based on the additional time used each month and added to the member’s Monthly Membership Fee.

Included Testing:

The following testing is included in the Annual Fee:

• ‒ Comprehensive Advanced Blood Panel

• ‒ Epigenetic Test (EET)

• ‒ Genetic Testing

• ‒ Sleep Apnea Test

• ‒ Full Dental Package at our Biohax Dental (Miami Location) ($825 Value)

• o Consultation

• o X-Ray

• o Cleaning

• o CBCT

• o Radiology Report

• o Dental Protocol

• ‒ DEXA Body Scan (Once per quarter)

• ‒ Hyperbaric Chamber (up to 3x month)

Open Pharmacy Access at Cost:

• ‒ Access to Biohax's Open Pharmacy program.

• ‒ Members pay the actual pass through cost charged to Biohax by the dispensing pharmacy for medications, peptides, supplements, and other eligible pharmacy products.

• ‒ Pharmacy products are not included in any fees payable to Biohax and will be billed separately by Biohax at the applicable pharmacy cost.

Additional Testing at Cost

• ‒ Members may access additional laboratory testing at the actual cost charged to Biohax by the laboratory.

• ‒ Additional testing is not included in any fees payable to Biohax and will be billed separately by Biohax at the applicable laboratory cost.

Treatment & Wellness:

• - Access to treatment protocols recommended by the Biohax clinical team based on the member’s individual needs.

• - Supplements, peptides, medications, and other treatment options may be available through the program at the applicable pharmacy or supplier cost.

• - All treatments are subject to clinical evaluation, medical appropriateness, availability, and applicable laws and regulations.

The annual fees and monthly membership fees cover the services and testing specifically identified as “Included” above. Any service, treatment, medication, peptide, supplement, pharmacy product, or laboratory testing identified as “Available at Cost” is not included in any Annual Fee or Monthly Membership Fee payable to the Company. For these services, the member will pay the actual cost charged to the Company by the applicable third-party pharmacy, laboratory, supplier, or other service provider, without the standard retail or pay-as-you-go markup, where applicable. Unless otherwise stated by the Company or required by applicable law, any clinician consultation time, food and lifestyle support, testing or other Services included in a Program must be used during the applicable twelve (12) month Program Membership and will not roll over to any subsequent Program Membership period or be redeemable for cash, credit or refund.

1. c. Payment of Program Fees.

You will have an opportunity to review and agree to the applicable Annual Fee and Monthly Membership Fee for your Program Membership (collectively, the “Program Fees”) during the enrollment process. Once you begin participation in the Program, the applicable Monthly Membership Fee will be charged to your Payment Method (as defined below) on file with the Company on the first day of each month for the upcoming month’s Fee.

You authorize the Company to process the applicable Monthly Membership Fee each month, on the first of the month, for the upcoming month’s Fee. You agree to keep a credit card or bank account on file (the “Payment Method”) for payment purposes. You shall not be entitled to a refund of any Program Fees for the entirety of the twelve (12) month Program in case of termination for any reason at any time.

Pharmacy products, including medications, peptides, supplements, and other eligible pharmacy products, are not included in any fees payable to the Company. You will pay the actual pass through cost charged to the Company by the dispensing pharmacy, and such pharmacy products will be billed separately by the Company at the applicable pharmacy cost.

1. d. Canceling your Program Membership.

You may terminate your Program Membership at any time by submitting to the Company a signed and dated written notice; provided, however, that the effective date of such termination by you will only be at the end of the twelve (12) month Program.

1. e. Effect of Program Membership Cancellation.

You will be responsible for any Program Fees owed for the entirety of the twelve (12) month Program. You are not eligible to cancel the Program during any twelve (12) month membership. Payments will be charged to your Payment Method through the end of the twelve (12) month Program. Notwithstanding the foregoing, the Company may terminate your Program Membership at any time during the term of the Program by providing written notice to you for any or no reason.

1. f. Payment for Services and Program Fees.

When being charged for Program Fees and/or the Services, you will need to provide your Payment Method for payment purposes. You are expressly agreeing that the Company is authorized to charge to the Payment Method any Program Fees and/or Services, together with any applicable taxes.

You specifically grant the Company the right to automatically charge your Payment Method on file for recurring payments and additional fees, if any. Payments will be charged to your Payment Method through the end of the twelve (12) month program, and you agree to notify the Company of any changes to your Payment Method. All payments are processed by a third-party processor. You certify that you are an authorized user of the Payment Method and warrant that you will not submit a chargeback on your credit card for charges authorized pursuant to these Terms. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, the Company may at its discretion attempt to process the charge again within 30 days. The terms and conditions and privacy notice of our third-party payment processor will govern with regard to any financial transaction.

No Representation, Warranty, or Guaranty of Continued Availability of the Program

NEITHER THE COMPANY NOR THE PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE PROGRAM. THE PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF THE COMPANY. YOU WILL BE GIVEN 30 DAYS’ NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.

1. g. Product Orders. While we will use our best efforts to fulfill all orders, the Company cannot guarantee the availability of any Product. The Company reserves the right to discontinue the sale of any Product at any time without notice. We reserve the right to limit quantities to the amount reasonable for our regular customers. You are responsible for paying any shipping and handling charges and state and local sales or use taxes that may apply to your orders

1. h. Failure to Maintain Payment Method; Non-Payment. You agree to keep a credit card or bank account on file as your Payment Method for payment purposes. In the event you cancel your Payment Method on file with the Company and do not update such Payment Method during your twelve (12) month membership in the Program, any amounts due and owing to the Company shall be sent to collection agencies by Company, which may impact your credit rating. The Company will terminate your Membership if we are unable to bill your selected method of payment, and you fail to provide an alternative Payment Method.

1. 6. Accuracy and Security Obligations

1. a. Security. You are responsible for your access to and use of the Services, including all financial transactions. You agree to immediately notify Company of any breach of security that may occur through your access or use of the Services and to prevent its further occurrence. If you become aware that someone may be impersonating or attempting to impersonate you when using the Services or processing any financial transactions through the Services, you should contact us immediately.

1. b. Accuracy of Personal Information. You represent and warrant that all information provided to Company through the Site is current, accurate, complete and truthful, including all initial or updated registration information, such as the legal name, street address, email address, telephone number, and financial transaction account information. You further represent and warrant that you are an authorized account holder of any financial transaction account which you provide to Company through the Site.

1. 7. Prohibited Conduct

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

1. a. Harass, threaten, stalk, disrupt or defraud users, members or staff of Company, the Professional Entities or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;

1. b. Act in a deceptive or fraudulent manner by, among other things, impersonating another person;

1. c. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Services;

1. d. Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;

1. e. Upload material (i.e., virus) that is damaging to computer systems or data of Company or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;

1. f. Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;

1. g. Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;

1. h. Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;

1. i. Link to, mirror or frame any portion of the Site;

1. j. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;

1. k. Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;

1. l. Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;

1. m. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;

1. n. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;

1. o. Modify the Site in any manner or form, or use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;

1. p. Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site; or

1. q. Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.

The Company reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.

1. 8. Third Party Sites

The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. Company does not endorse any such Linked Sites, or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Company makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, CONTENT, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. We strongly encourage you to review any separate terms of use and privacy notices governing use of these Linked Sites.

1. 9. Data Retention

The Company may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide its users with the Services. The Company may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by the Company or as required by law. Please see the Privacy Policy for additional information about how your data will be handled by the Company.

1. 10. INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES IN BREACH OF THESE TERMS.

1. 11. DISCLAIMER OF WARRANTIES

1. a. YOU ARE ACCESSING THE SERVICES ON AN “AS IS, WHERE IS, AND AS AVAILABLE” BASIS. COMPANY IS NOT RESPONSIBLE FOR PROBLEMS ARISING FROM, OR INADEQUACIES IN THE CONTENT OF THE SERVICES OR ANY PARTICULAR FEATURES OR SERVICES OFFERED. COMPANY DOES NOT REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION, MATERIALS, AND SERVICES ON THE SERVICES OR THE ERROR-FREE USE OF THE SERVICES. COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM ACCESS TO OR USE OF THE SERVICES. COMPANY IS PROVIDING THE SERVICES WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM A COMPUTER VIRUS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. 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.

1. b. FOR CALIFORNIA RESIDENTS. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST RELEASED PARTIES.

1. 12. LIMITATION OF LIABILITY

1. a. UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

1. b. COMPANY’S LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO COMPANY UNDER THESE TERMS IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

1. 13. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING CAREFULLY:

If you have a legal dispute with Company, except where prohibited by applicable law, you and we hereby agree to proceed as follows:

1. a. Any dispute, claim or controversy between you and Company that arises from or relates in any way to these Terms (including any alleged breach thereof), the Services, or Company’s relationship with you (collectively, “Dispute”) shall be exclusively resolved through binding individual arbitration except as specifically provided otherwise herein. “Dispute” as used in this section shall have the broadest possible meaning and include claims that arose before the existence of these Terms (or any prior agreement or terms). YOU AND COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT AS SET FORTH BELOW). YOU AND COMPANY EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS. If there is a judicial determination that any particular claim cannot be arbitrated in accordance with this provision’s limitations, then only that claim may be brought in court. All other claims remain subject to this provision.

1. b. Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use with Company, a detailed description of the dispute and the relief that you seek. Any Notice of Dispute that you send to us should be emailed to us at [info@biohaxmedical.com]. Before we commence arbitration, we will send you a Notice of Dispute to the email address that you use with Company (or by other appropriate means). If we are unable to resolve a Dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.

1. c. The U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to [info@biohaxmedical.com]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider, in Florida. Disputes involving claims and counterclaims under $250,000 (not inclusive of attorneys’ fees and interest) shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

1. d. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

1. e. Notwithstanding the foregoing, either you or Company may elect to have an individual claim heard in a small claims court having jurisdiction over the claim. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the arbitrator to decide, including but not limited to scope and enforceability of these Terms, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed.

1. f. You may opt out of this arbitration provision within 30 days of the date that you agreed to these Terms (which will be deemed to have occurred on your first visit to the Site or the making of an order with Company, whichever is first). To opt out, you must send your name, residence address, username, email address or phone number you use with Company (and a clear statement that you want to opt out of this arbitration agreement) to [info@biohaxmedical.com].

1. g. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE; AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in Dade County, Florida. All other claims shall be arbitrated.

1. h. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all claims and disputes shall be resolved by arbitration under these Terms, except as specified in subsection (e), (f), and (g) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

1. i. The foregoing shall not preclude Company from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of Company’s intellectual property.

1. 14. Miscellaneous

1. a. Waiver and Severability. To the extent that a court of competent jurisdiction determines any part of the terms and conditions in these Terms to be invalid or unenforceable, that part will be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of these Terms will remain in full force and effect. Company’s failure to exercise or enforce a legal right, remedy or benefit which is contained in these Terms or any applicable law does not constitute waiver of its right to do so later.

1. b. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of Florida, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the dispute shall be exclusively brought in state or federal court located in Dade County, Florida.

1. c. Assignment. We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns, and licensees. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under these Terms, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of these Terms.

Marcos/Camila- with the use of Beluga, please confirm this is correct and confirm where the Service is available. We strongly advise NOT EXTENDING SERVICE beyond the US. Marcos/Camila -please confirm 18 years old cut off for services. Under 18 treatment imposes requirements for parental consent. Marcos/Camila - overall description of Biohax? new information added Marcos/Camila- applicable to Biohax? Insert information to commence dispute. Insert information for claim submission for arbitration. Insert customer service email address.