Helix Terms of Service
Last Modified: July 27, 2018
Welcome to Helix. Helix OpCo, LLC and/or its affiliates (“Helix”, “we”, “us”) provide website content, functionality, and other products and services to you when you visit or make purchases at www.helix.com (the “Site”) or remotely through any Helix applications (collectively, the “Services”). Helix provides the Services subject to the following terms and conditions.
By accessing or using the Services, you agree to be bound and abide by these Terms of Service. Please read them with care.
1. Requirements for Use of the Services
By using the Services, you represent and warrant to us that you are (i) of legal age to form a binding contract with Helix and agree to these Terms of Service, and (ii) are not barred under any applicable laws from doing so or from receiving Services in the jurisdiction where you reside or where you use them. You must be a US resident who is 18 years or older to submit a saliva sample, create a Helix account or purchase a DNA Product (see below). If you do not meet these requirements, you must not access or use the Services.
2. Additional Terms
3. Description of Services
The Services include the following features and functions related to genetic testing, analysis and interpretation:
- Genomic Sequencing. Helix collects, analyzes and stores the data that make up the DNA code of your genes (“Genomic Sequencing”). Helix obtains these data from a saliva sample that you provide. The data that result from your Genomic Sequencing, and any interpretation of that data, are your “Genetic Information.”
- Helix Platform. Helix hosts a platform (the “Helix Platform”) where you may obtain Genomic Sequencing, receive initial insights about you from Helix based on your Genetic Information (“Helix Insights”), and purchase products and services that will use, interpret and deliver your Genetic Information (“DNA Products”). DNA Products are made by third parties with which Helix has partnered (“Partners”). Helix Partners use only a portion of your Genetic Information to offer a specific DNA Product or service to you.
- Helix Account. Helix provides you access to a software platform via a Helix.com account (the “Helix Account”). Your Helix Account allows you to manage your Genetic Information, your Helix Insights, the DNA Products you purchased, and other account settings.
Helix performs a type of Genomic Sequencing called “exome-plus” (Exome+) sequencing, which involves sequencing the part that codes for the proteins that tell your body how to function, or the “exome.” Our sequencing process is able to capture around 98% of the exome. Our current process cannot read the other 2% of the exome that may be important to interpreting how some genes function. We also sequence other parts of your DNA outside of your exome that we believe can be useful for some DNA Products. That is why we refer to our sequencing as Exome+.
At this time, Helix does not perform whole genome sequencing, which reads every letter in a person’s entire genetic code. Helix does not perform genotyping, which uses a different technology called DNA microarray and captures about 1% of the genetic data that Helix captures with its Exome+ sequencing.
4. Changes to these Terms of Service and the Services
We may revise and update these Terms of Service and post the updated Terms of Service on the Site. We will make any new terms available to you through or in connection with the affected Services. All changes are effective immediately when we post them, and they apply to all access to and use of the Services from that point onward. If you use the Services after we post revised Terms of Service, you acknowledge and agree to the revised Terms of Service.
We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period.
5. Registering for and Accessing the Services
To access certain features and functions of the Services, including Genomic Sequencing, you must create a Helix Account. To establish a Helix Account, you must provide certain information that we request. This information includes:
- your name and email address;
- your date of birth; and
- information we need for quality control in sequencing, such as your biological sex.
To purchase a DNA Product, you must also provide the following:
- your mailing address and phone number; and
- your credit card or other billing information.
Your mailing address will be used to send you a Helix DNA Kit (defined below in Section 6).
You must obtain Internet access to use the Services. You are responsible for (i) any Internet access fees and providing your own equipment for Internet access, and (ii) ensuring that all persons who access the Services through your internet connection or on your behalf are aware of these Terms of Service and comply with them.
When you create a Helix Account, you must choose a password and treat your password as confidential. You agree not to let someone else access the Services using your username, password or other security information. You agree to let us know immediately of any unauthorized account access or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. When accessing your account from a public or shared computer, you should use particular caution so that others are not able to view or record your password or your other information. Helix cannot and will not be liable for any loss or damage that results from your failure to comply with these obligations. You authorize Helix to authenticate your identity when accessing the Services. This may include asking you for your date of birth and other information that will allow Helix to reasonably verify your identity.
If we believe that you have violated these Terms of Service, we have the right at any time to disable or terminate access to your account.
6. Requesting Genomic Sequencing Services
To have your DNA sequenced for use with the Helix Platform, you must receive and use Helix’s kit for the collection of your saliva sample (“Helix DNA Kit”). When you send us a saliva sample using the Helix DNA Kit, you agree to the following:
- You are submitting your own saliva sample and not the sample of another person.
- You are 18 years of age or older.
- You allow Helix to perform Genomic Sequencing on the saliva sample you submit. If any of your saliva sample or extracted DNA is left over after sequencing is completed, we will not store it for future tests and reports. We may store it for quality control and optimization in our lab.
- You understand that health-related interpretations are for information purposes only and not intended to diagnose or treat diseases. You should consult a physician, genetic counselor or qualified health professional before acting on any interpretation. Some Partners may provide a consultation with a health professional as part of their DNA Product and service. Helix does not provide consultations with health professionals.
Retesting Policy. We may be unable to process your saliva sample on our first attempt, which may be either due to an issue with the submitted sample or with our laboratory process. If this is the case, and if enough of your sample is left over, we will attempt to process your sample again at no charge. If we are still unable to process your sample, we will send you a second Helix DNA kit at no charge. However, if we are unable to process your sample because of your violation of these Terms of Service, a fee may apply to receive a second Helix DNA kit. If your second sample cannot be processed, you may contact Customer Care for more options.
We provide our Genomic Sequencing Services at a discounted rate so that you can purchase interpretations of specific regions of your genome on-demand. If you wish to download the full dataset of your DNA sequence, you must pay a fee to cover the cost of the Genomic Sequencing. Once you are logged into your Helix Account, you can follow the instructions in your account settings to purchase your Exome+ dataset for download.
7. Purchases Using the Helix Platform
The Helix Platform provides a venue for you to purchase Helix Partners’ DNA Products that use your Genetic Information.
You agree to pay for all DNA Products you purchase, including any taxes and fees that apply. Prices listed in the Helix Platform may change at any time. We do not provide price protections or refunds on previous purchases in the event of a DNA Product price reduction or promotion.
Helix does not submit or process insurance paperwork or claims for the Services. We do not expect the Services to be covered by any health insurance policy nor guarantee that the fees charged for any Service will be reimbursed by any insurance provider.
Some Partners may offer you related product and service purchases within their DNA Product, or they may offer you an opportunity to purchase a subscription for products or services. Such additional purchases are at your option.
Refund Policy. If you decide you no longer want a DNA Product or our Genomic Sequencing following your purchase, please contact us immediately.
If the purchase includes a Helix DNA Kit, you may request a refund within 30 days of purchase as long as you have not yet received and registered your Helix DNA Kit. This refund will deduct shipping and handling fees and a $25 cancellation fee. You can request a refund by calling Customer Care at 1-844-211-2070 and providing your order confirmation number. Once you have registered your Helix DNA Kit, your purchase can no longer be refunded. However, you may close your Helix Account as described in Section 20 below.
If the purchase does not include a Helix DNA Kit because you have already been sequenced, it is not subject to refund by Helix. This policy is due to the informational nature of many DNA Products. Each of our Partners may have a separate return policy and you should contact our Partners directly for questions about their policies.
Replacement Policy. You must return a saliva sample no more than 12 months after you place an order for your Helix DNA Kit. Doing so will help to assure the quality and accuracy of your Genetic Information. Helix will not accept or process a Helix DNA Kit that we receive more than 12 months after your order date. If you have a Helix DNA Kit that is more than 12 months past its order date, you may contact Customer Care to request a replacement kit for a $25 replacement fee. If Helix receives your Helix DNA Kit more than 12 months after the kit was ordered, we will give you the option to receive a replacement kit for a $25 replacement fee and shipping and handling fees. If your Helix DNA Kit is lost or damaged, please contact Customer Care for help with replacing your kit. Depending on the circumstances, a fee may apply.
Gift and Offer Codes. From time to time, Helix may offer gift codes, offer codes or other promotional codes to qualified customers through a variety of marketing activities and communications (collectively, “offer codes”). These offers codes are redeemable towards a purchase on Helix.com, subject to certain product exclusions or any other restrictions as may be determined and communicated by Helix at its sole discretion. Only valid offer codes provided or promoted by Helix will be honored at checkout. Codes that are supplied or promoted by third parties without Helix’s authorization will not be considered valid. Offer codes may not be combined and customers are limited to the use of a single offer code per order. Helix is not responsible for lost, stolen or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent, and no substitutions or credits are allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the purchased products or services is returned. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
Spokespersons. From time to time, Helix may engage spokesperson, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of the Helix brand. When you receive an offer code from a third party source, such as a television or radio show host, or a social media account, please note that such individuals or organizations may have been compensated by Helix for their statements or representations.
8. Content of DNA Products
The Helix Platform describes each DNA Product with information such as the science behind the product and the potential limitations of the product. This information is found on the details page for each product.
You may choose which interpretations you would like to receive based on these descriptions and your own judgment. Helix may provide or facilitate interpretations of some parts of your Genetic Information on behalf of Partners. However, Partners are responsible for the content of their DNA Product(s), including the scientific basis of each product and the information each product provides. As part of its product review process, Helix evaluates the scientific quality behind all DNA Products on the Helix Platform. For more details on our scientific evaluation process, please click here. We ask that you report any DNA Products that you believe does not conform to quality standards or violate our Helix Platform policies. You can report these issues to Customer Care.
You acknowledge that Helix is neither responsible nor liable for the content, quality, interpretations or recommendations of DNA Products provided by Partners. Helix assumes no liability, obligation or responsibility in connection with any transactions between you and any Partner. These transactions are entirely at the risk of you and the Partner. If you have a dispute with a Partner, you release Helix (and its agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
9. Participation in research
You are communicating with us electronically when you use any Service or send us emails and other communications from your desktop or mobile device. You agree to receive electronically all communications from us in connection with your Helix Account or your use of our Services, which may include emails, texts, mobile push notices, or messages on the Site or through other Services.
You can retain copies of these communications for your records. You agree that all digital agreements, notices, disclosures, and other communications that we provide to you meet any legal requirement that such communications be in writing.
11. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Helix and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Helix grants you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes, subject to these Terms of Service and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.
Helix grants you a limited license to copy and distribute, for non-commercial purposes, any of the content on the Site, provided that you distribute such content (i) as it appears on the Site without any modification, (ii) in a way that is fair and legal and does not misrepresent the substance of the content, Site or Services; and (iii) with the following attribution “© 2018 Helix OpCo, LLC or its affiliates. All rights reserved.”. Except as permitted by this limited license, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on the Site. If you wish to make any use of content on the Site or Services other than as set out in this section, please contact Customer Care.
Except for your rights to DNA Products you purchase (in accordance with the terms of the applicable Partner), no other right, title or interest in or to the Services or any content on the Services is transferred to you. Helix reserves all rights not expressly granted. If you provide Helix with any suggestions, recommendations or other feedback regarding the Services (“Feedback”), you agree that Helix may freely use and exploit such Feedback in any way and for any purpose. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
The Helix name and logo, as well as MYHELIX, EXOME+, and CRACK YOUR CODE, are trademarks of Helix. You must not use trademarks without the prior written permission of Helix. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
13. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:
- use the Site in any way that could disable, overburden, damage, or impair the Site;
- use the Site in any way that could interfere with any other party’s use of the Services;
- reverse engineer, copy, modify or create derivative works of the software used in the Helix Account, the Helix Platform, any application provided as part of the Helix Services, or any DNA Product;
- use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site, unless explicitly permitted by Helix;
- market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site (excluding your Genetic Information), for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise;
- engage in framing, mirroring, or otherwise simulating the appearance or function of the Site or Services;
- use any device, software or routine that interferes with the proper working of the Site;
- introduce any viruses, Trojan horses, worms, or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
- attempt to bypass methods that Helix may use to prevent or restrict access to the Site or Services;
- access or attempt to access another customer’s Helix Account; or
- otherwise attempt to interfere with the proper working of the Site.
14. Third Party Content; Links from the Site
The Site may include content provided by third parties, such as Partners, other users, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such content are solely the opinions and the responsibility of the person or entity providing the content. Such content may not reflect the opinion of Helix. We are not responsible, or liable to you or any third party, for the content or accuracy of any third party content.
If the Site contains links to other sites and resources provided by third parties, including Partners, it provides them for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third party websites linked to this Site, you do so at your own risk and subject to such websites’ terms and conditions and privacy policies.
15. Geographic Restrictions
Helix is a United States company and provides the Services in the United States. We make no claims that the Services or any of its content 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 on your own initiative. If you do so, you will be responsible for compliance with local laws.
16. Notice of Limitations
Our genes influence many traits in our lives. At Helix, we believe in giving you access to your Genetic Information. This access can help you further your own self-discovery about your traits. But before you subscribe to our Services, you should be aware of what genetics can and cannot tell you.
In considering a purchase of the Services or any DNA Product, you should be aware of certain risks and limitations of genetic testing and interpretation. These include the following:
Genetics is an evolving field of study
- DNA Products are based on the current knowledge of genetics. This knowledge changes every day as we learn more through research. A DNA Product based on the current state of knowledge may have a different interpretation in the future.
- Even though we know many traits have a basis in genetics, we may not know or understand all the genetic contributions for a trait. Research in science and medicine is continuously discovering new links between genes and traits. Such research is also showing that some previously identified links may not be valid.
- Every genome is different. Every person has variations that are either unique to them or are not well described in medical and scientific literature. Your DNA will have variations that are not fully understood. As such, some DNA Products may reveal variations in your DNA that they cannot currently interpret.
- DNA Products provide interpretations based on scientific studies. Such studies are often based on a specific population, such as a specific ethnicity. Thus, you may receive interpretations that are based on a population that differs from your ethnicity or genetic background.
Genetics cannot tell you everything about yourself
- There are few cases where a single gene (or variation in a single gene) is completely predictive of any one trait. Most traits are influenced by multiple genetic and non-genetic factors. Your lifestyle, your environment and chance can also play a role in whether you will have or develop a trait.
- The interpretation of Genetic Information is often as a probability, likelihood, or risk. Even if you have one or more genetic variations linked to a certain trait, it may not mean that you have or will develop that trait.
- In addition to non-genetic factors, multiple genes or genetic variations often influence a single trait. That means the effect of any one, single genetic variation may be low.
- Even if you do not have one or more genetic variations linked to a certain trait, you may still have or develop that trait.
- In some cases it is more accurate to measure your physical trait (e.g., height) than to use Genetic Information to predict the trait (e.g., genes for height).
You may discover information that causes you distress
- You cannot unlearn the knowledge you gain from a DNA Product. Some people prefer not to know their Genetic Information for some traits.
- You may discover Genetic Information that you do not expect. In some cases this information may be interesting. In other cases it may lead to unintended reactions such as anxiety, depression or distress. Examples of these include:
- discovering an unexpected genetic risk for a health condition;
- information about ancestral roots that differs from prior expectations; or
- the discovery of misattributed paternity within a family.
- Helix allows you to select which insights you would like to receive by purchasing Partners’ DNA Products. You are responsible for considering the potential impact this information may have on you or your relatives before purchasing a DNA Product.
There may be errors in processing your sample
- Helix takes its laboratory quality very seriously. Our laboratory meets quality control standards set by the Clinical Laboratory Improvement Amendments (CLIA) and the College of American Pathologists (CAP).
- Despite our focus on quality, problems with our Genomic Sequencing process may occur from time to time. These problems may result from sample misidentification, a contaminated sample or insufficient DNA:
- We continuously perform quality control on our processes and procedures. Even so, errors may result during data generation in the lab and in the processing of the data on servers.
- It is possible that during Genomic Sequencing, a part of your Genetic Information will not meet our quality thresholds. Based on our standards, that part of your Genetic Information will not be available for interpretation. You may not be able to purchase a DNA Product if it requires Genetic Information that is not available for you.
- If you believe your sample has been misidentified, please contact Customer Care for help. Please see our retesting and return policies.
Revealing your Genetic Information may affect your privacy
- Some of our DNA Products may request that you share your Genetic Information, for research or social reasons. You may also wish to publicly share results on your own.
- You should be careful about sharing your Genetic Information with others and know the consequences before doing so.
- Genetic Information that you choose to share with your health professional may become part of your medical record. That means it could be accessible to other health professionals and possibly health insurance providers in the future.
Your Genomic Sequencing results may have implications for your relatives
- Your biological relatives will share some portions of your DNA. Because of this fact, some information you receive from DNA Products you use may have implications for them as well.
- Genetic Information can reveal information that is surprising to you or your family. For some DNA Products, information you receive may reveal unanticipated insights about your family. (For example, you could discover that you or someone in your family is not related by blood to the rest of the family.) For other DNA Products, information may show that other relatives are at risk for a health condition they did not know about before.
- It is important to consider how information you learn may have a positive or negative impact on members of your family. Some of your family members may not want to know about such Genetic Information.
- If you have questions about how to share sensitive Genetic Information with relatives, you should speak with a qualified healthcare provider, such as a genetic counselor.
You may receive information about your health
- Not all DNA Products can or will analyze your Genetic Information, for risks to your health.
- If a DNA Product analyzes your Genetic information for Health purposes, the DNA Product may suggest actions or interventions that you can take related to your health. However, DNA Products do not have a complete view of your health history. Before you act on any health information provided through DNA Products, please first consult with a healthcare professional.
- Not all Genetic Information can or should be acted upon. If you have questions or concerns, you should speak with a health professional such as a physician or genetic counselor prior to purchasing a DNA Product. You can locate a genetic counselor near you using the online “Find a Genetic Counselor” directory provided on the National Society of Genetic Counselors website.
- The results of DNA Products should not be used to diagnose or treat and medical condition. You should consult a qualified healthcare provider before you take medical action.
- Not all scientific and health interpretation claims from Partners have been validated by the scientific and/or medical community or the Food and Drug Administration (“FDA”). DNA Products that have been approved by the FDA will be labeled as such on the Helix Platform. However, not all DNA Products on the Helix Platform require approval by the FDA.
17. Disclaimer of Warranties
Helix makes its best efforts to perform accurate Genomic Sequencing and to offer DNA Products of high quality. However, we do not warrant the accuracy, completeness or usefulness of the Services, nor do we endorse, warrant or guarantee the DNA Products, including, without limitation, any descriptions, prices, products and product warranties, or other information posted by Partners or other vendors.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING DNA PRODUCTS, IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER HELIX NOR ANYONE ASSOCIATED WITH HELIX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER HELIX NOR ANYONE ASSOCIATED WITH HELIX REPRESENTS OR WARRANTS (i) THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (ii) THAT DEFECTS WILL BE CORRECTED, (iii) THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (iv) THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
HELIX AND ALL PARTIES ASSOCIATED WITH HELIX HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Site or any links provided on the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient anti-virus protections to meet your needs. You are also responsible for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation of Liability
IN NO EVENT WILL HELIX, THE HELIX PARTNERS, HELIX AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Helix, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
20. Account Closure
If you violate these Terms of Service, Helix has the right to terminate your access to all or part of the Services.
21. Dispute Resolution
If a dispute arises between you and Helix, you agree to first contact Helix’s Customer Care to seek a resolution. If our Customer Care is not able to resolve the issue, then except for disputes relating to the infringement or other misuse of intellectual property rights:
- Such dispute will be resolved through binding arbitration rather than in court.
- This arbitration will be administered by the American Arbitration Association (“AAA”).
- Such arbitration will follow the rules of the AAA (“AAA Rules”), as modified by these Terms of Service.
- The arbitration will be conducted in the English language.
- Any arbitration hearing will be held in San Mateo County, California.
If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as set forth in the Federal Rules of Civil Procedure Rule 11), then the AAA Rules will apply regarding payment of arbitration costs. The AAA Rules and fees are available online at www.adr.org or can be obtained by calling the AAA at 1-800-778-7879. You and Helix both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You and Helix agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. Further, unless both you and Helix agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If this Section 21 is found to be unenforceable, then this Section 21 will be null and void. In such case, you and Helix agree that the exclusive jurisdiction and venue described in Section 24 will govern any action arising out of or related to these Terms of Service.
22. Waiver and Severability
No waiver of these Terms of Service by Helix shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any failure of Helix to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
23. Entire Agreement
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with California law, without regard to its conflicts of laws principles and excluding the applicability of United Nations Convention for the International Sale of Goods. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Helix agree to exclusively litigate such disputes in the state courts located in San Mateo County and the federal courts located in San Francisco County, California, and both parties consent to venue and personal jurisdiction in California. You may not assign any of your rights in these Terms of Service, and any such attempt is void. Helix may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Helix and you are not legal partners or agents of one another.
25. Your Comments and Concerns
If you have any feedback, comments, requests for support, or other communications about the Services, you should contact Helix’s Customer Care. You may contact Customer Care at https://support.helix.com/hc/en-us or 1-844-211-2070.