Terms & Conditions

27 sections and two appendices. The most frequently consulted provisions are HIPAA & data protection (Section 4), restrictions on use (Section 7), the medical-information disclaimer and liability limits (Section 16), governing law (Section 20), and the contact channels in Section 23.

1. Agreement and parties

THIS AGREEMENT IS BETWEEN YOU AND ANY OTHER INDIVIDUAL OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively “You,” “Your,” or “User”) AND PARKER HEALTH, INC., ITS AFFILIATES AND SUBSIDIARIES (collectively “Parker,” “we,” “us,” or “our”).

All Parker Web properties — including but not limited to parkerapex.com, parkerhg.com, and the APEX product line (APEX, APEX|NEXUS, APEX|CATALYST, APEX|HORIZON, APEX|PULSE, APEX|VELOCITY, APEX|LAKE) — are Internet-based online information and communication services operated by Parker Health, Inc. (collectively, the “Parker Web Sites” or “Services”).

Parker Web Sites are accessible by Users worldwide. User participation on Parker Web Sites is voluntary, and any information, personal or otherwise, contributed to Parker Web Sites is done so upon the User's own initiative. Users may discontinue participation at any time.

2. Acceptance of Terms

The Parker Web Sites are offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (the “Agreement” or “Terms”). Your use of the Parker Web Sites constitutes your acknowledgement and agreement to all such terms, conditions, and notices, as set forth below and in all documents referenced herein.

If you do not agree to accept all terms of this Agreement, you may not access or use the Parker Web Sites.

3. Modification of these Terms

Parker reserves the right to modify these Terms of Use and our Privacy Policy at any time. When we make material changes, we will provide notice through the Parker Web Sites or by other means as required by applicable law.

Your responsibility. You are responsible for regularly reviewing these Terms of Use and our Privacy Policy. The revised Terms of Use and Privacy Policy will be effective when posted unless otherwise specified.

Continued use. Your continued use of the Parker Web Sites after changes are posted indicates your acceptance of the revised Terms and Privacy Policy. If you do not agree to the modified terms, you must discontinue use of the Parker Web Sites.

4. Privacy and data protection

4.1 General privacy commitment

Parker considers its users' privacy to be of the utmost importance. Information posted, submitted, or collected through Parker's Web Sites is governed by Parker's Privacy Policy, available at parkerapex.com/legal/privacy, which is incorporated into these Terms by reference.

4.2 Health information privacy (HIPAA compliance)

Protected Health Information (PHI). Parker Health, Inc. d/b/a Parker is a business associate under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended, including the Health Information Technology for Economic and Clinical Health (HITECH) Act. Parker provides technology services to covered entities (including hospitals, health systems, health plans, and healthcare providers) and is bound by the HIPAA Privacy Rule (45 CFR Part 160 and Part 164, Subparts A and E) and Security Rule (45 CFR Part 164, Subparts A and C) in its role as a business associate. All Protected Health Information (PHI) submitted through Parker Web Sites is handled in accordance with these rules and the applicable Business Associate Agreement.

Business Associate Agreements. Where applicable, Users acting as covered entities must execute a separate Business Associate Agreement (BAA) with Parker prior to transmitting any PHI through Parker Web Sites. Use of Parker Web Sites for PHI transmission without an executed BAA is strictly prohibited.

Notice of Privacy Practices.Parker's HIPAA Privacy Practices Statement is available at parkerapex.com/legal/hipaa-notice and describes how medical information may be used and disclosed and how you can access this information. For paper copies, contact our Privacy Officer at privacy@parkerapex.com.

Patient rights under HIPAA. If you are a patient or healthcare consumer, you have the following rights under HIPAA. Because Parker is a business associate and not a covered entity, these rights are generally exercised through your healthcare provider or other covered entity, not directly with Parker. Parker will cooperate with covered entities to facilitate these rights as required by the applicable Business Associate Agreement and HIPAA. Your rights include:

• Access and obtain copies of your PHI (45 CFR § 164.524)
• Request amendments to your PHI (45 CFR § 164.526)
• Request restrictions on uses and disclosures (45 CFR § 164.522)
• Request confidential communications (45 CFR § 164.522(b))
• Receive an accounting of disclosures (45 CFR § 164.528)
• Receive a copy of the Notice of Privacy Practices from your healthcare provider
• File a complaint with Parker or the U.S. Department of Health and Human Services

Minimum Necessary Standard. Parker will limit the use, disclosure, and requests for PHI to the minimum necessary to accomplish the intended purpose, except where otherwise required or permitted by law.

Breach notification. In the event of a breach of unsecured PHI, Parker will provide notification as required by the HIPAA Breach Notification Rule (45 CFR §§ 164.400–414):

• To affected individuals without unreasonable delay and no later than 60 days after discovery
• To the Secretary of the U.S. Department of Health and Human Services
• To prominent media outlets if breach affects more than 500 residents of a state or jurisdiction
• Notification will include: description of the breach, types of information involved, steps individuals should take, what Parker is doing to investigate and mitigate harm, and contact information

Security safeguards. Parker implements administrative, physical, and technical safeguards to protect PHI in accordance with 45 CFR § 164.308, § 164.310, and § 164.312, including: access controls and user authentication; encryption of PHI in transit and at rest where applicable; audit controls and integrity monitoring; regular security risk assessments; workforce training on HIPAA requirements; and incident response procedures.

Uses and disclosures. Parker may use and disclose PHI for: treatment, payment, and healthcare operations as defined by HIPAA; as required by law; as authorized by you in writing; for public health and safety purposes as permitted by HIPAA; and other purposes as described in our Notice of Privacy Practices.

Minimum age for health information. You must be at least 18 years of age (or the age of majority in your jurisdiction) to submit PHI through Parker Web Sites unless you are an emancipated minor or have parental/guardian consent as required by applicable law.

4.3 European data protection (GDPR compliance)

Applicability.For Users in the European Economic Area (EEA), United Kingdom, or Switzerland, Parker processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and equivalent UK and Swiss data protection laws.

Data controller and processor. Parker may act as either a data controller or data processor depending on the context of processing. When Parker determines the purposes and means of processing, Parker is the data controller. When processing on behalf of healthcare providers or other entities, Parker acts as a data processor.

Legal basis for processing. Parker processes personal data based on:

• Consent for specific purposes (GDPR Article 6(1)(a) and Article 9(2)(a) for special categories)
• Performance of a contract to which you are a party (Article 6(1)(b))
• Compliance with legal obligations (Article 6(1)(c))
• Legitimate interests pursued by Parker or a third party, except where overridden by your interests or fundamental rights (Article 6(1)(f))
• Processing necessary for healthcare purposes (Article 9(2)(h))
• Processing necessary for public health (Article 9(2)(i))

Special categories of personal data. Parker processes special categories of personal data, including health data, under the conditions specified in GDPR Article 9(2), primarily for healthcare purposes and with appropriate safeguards.

Data subject rights. EEA, UK, and Swiss Users have the following rights:

1. Right of Access (Article 15): Request access to your personal data and information about how it is processed
2. Right to Rectification (Article 16): Request correction of inaccurate or incomplete personal data
3. Right to Erasure / “Right to be Forgotten” (Article 17): Request deletion of personal data in certain circumstances
4. Right to Restriction of Processing (Article 18): Request limitation of processing in certain circumstances
5. Right to Data Portability (Article 20): Receive personal data in a structured, commonly used, machine-readable format
6. Right to Object (Article 21): Object to processing based on legitimate interests or for direct marketing
7. Rights related to automated decision-making (Article 22): Not be subject to decisions based solely on automated processing that produce legal or similarly significant effects
8. Right to withdraw consent: Withdraw consent at any time (without affecting lawfulness of processing based on consent before withdrawal)
9. Right to lodge a complaint: File a complaint with a supervisory authority in your country

Exercising rights. To exercise any of these rights, contact our Data Protection Officer at dpo@parkerapex.com or use the contact information in Section 23. We will respond to your request within one month, with possible extension of two additional months for complex requests.

International data transfers. Parker transfers personal data from the EEA, UK, and Switzerland to the United States and other jurisdictions that may not provide equivalent data protection. Such transfers are protected by Standard Contractual Clauses (SCCs) approved by the European Commission (Commission Implementing Decision (EU) 2021/914), the UK International Data Transfer Agreement / Addendum for UK transfers, Swiss-approved contractual clauses for Swiss transfers, adequacy decisions where applicable under GDPR Article 45, supplementary measures as required to ensure adequate protection, and appropriate safeguards as specified in GDPR Article 46.

Data Protection Officer. Parker has appointed a Data Protection Officer who may be contacted at dpo@parkerapex.com, or by mail to: Data Protection Officer, Parker Health, Inc., 818 18th St NW, Suite 810, Washington DC 20006.

Data retention. Personal data is retained only as long as necessary for the purposes for which it was collected, to comply with legal obligations, resolve disputes, and enforce agreements. Specific retention periods are detailed in our Privacy Policy.

Supervisory authority. You have the right to lodge a complaint with your local data protection supervisory authority. A list of EU supervisory authorities is available at edpb.europa.eu.

4.4 Canadian privacy protection (PIPEDA compliance)

Applicability.For Users in Canada, Parker complies with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation, including but not limited to Alberta's Personal Information Protection Act (PIPA), British Columbia's Personal Information Protection Act (PIPA), Quebec's Act respecting the protection of personal information in the private sector, and Ontario's Personal Health Information Protection Act (PHIPA) for health information.

Ten Fair Information Principles. Parker adheres to PIPEDA's ten principles:

1. Accountability: Parker is responsible for personal information under its control and has designated a Privacy Officer accountable for compliance with PIPEDA.
2. Identifying purposes: Parker identifies the purposes for which personal information is collected at or before the time of collection.
3. Consent: Collection, use, and disclosure of personal information requires knowledge and consent except where permitted or required by law. Consent may be express or implied depending on sensitivity. You may withdraw consent at any time, subject to legal or contractual restrictions, by contacting our Privacy Officer.
4. Limiting collection: Collection of personal information is limited to that which is necessary for identified purposes.
5. Limiting use, disclosure, and retention: Personal information is not used or disclosed for purposes other than those for which it was collected, except with consent or as required by law. Information is retained only as long as necessary.
6. Accuracy: Personal information is kept as accurate, complete, and up-to-date as necessary for the purposes for which it is used.
7. Safeguards: Personal information is protected by security safeguards appropriate to the sensitivity of the information.
8. Openness: Parker makes information about its policies and practices for managing personal information readily available.
9. Individual access: Upon request, Canadian Users will be informed of the existence, use, and disclosure of their personal information and will be given access to that information. You may challenge the accuracy and completeness of the information and have it amended as appropriate.
10. Challenging compliance: You may challenge Parker's compliance with PIPEDA by contacting our Privacy Officer.

To exercise rights. Contact our Privacy Officer at privacy@parkerapex.com or by mail at: Privacy Officer, Parker Health, Inc., 818 18th St NW, Suite 810, Washington DC 20006. Parker will respond to access requests within 30 days. If additional time is needed, we will notify you and provide reasons for the extension.

Privacy Commissioner of Canada. You may file complaints with the Office of the Privacy Commissioner of Canada at www.priv.gc.ca or 1-800-282-1376. Depending on your province, you may also file complaints with provincial privacy commissioners. Personal information may be processed and stored outside of Canada, including in the United States, where it may be subject to disclosure to governments, courts, or law enforcement in those jurisdictions. We implement contractual and organizational safeguards for such transfers.

4.5 California privacy rights (CCPA / CPRA)

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). California consumer rights include the Right to Know, Right to Delete, Right to Correct, Right to Opt-Out of sale or sharing, Right to Limit Use of Sensitive Personal Information, and Right to Non-Discrimination. For detailed information, see our California Privacy Notice. Contact for California rights: californiaprivacy@parkerapex.com.

4.6 Other U.S. state privacy laws

Parker complies with comprehensive state privacy laws including the Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), Connecticut Data Privacy Act (CTDPA), Utah Consumer Privacy Act (UCPA), and other state privacy laws as enacted. Residents of these states have rights similar to California consumers. Contact privacy@parkerapex.com to exercise your rights.

4.7 Australian Privacy Principles

For Australian Users, Parker complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Australian Users may access personal information held by Parker, request correction of personal information, make a complaint to Parker's Privacy Officer, or make a complaint to the Office of the Australian Information Commissioner (OAIC). Contact: privacy@parkerapex.com. OAIC: www.oaic.gov.au | 1300 363 992.

4.8 Children's privacy

Age restriction. Parker Web Sites are not intended for children under the age of 13 (or 16 in the EEA / UK). We do not knowingly collect personal information from children under these ages without verifiable parental consent.

COPPA compliance.Parker complies with the Children's Online Privacy Protection Act (COPPA). If we learn we have collected personal information from a child under 13 without parental consent, we will delete that information.

Parental rights.Parents or guardians may review, request deletion of, or refuse further collection of their child's personal information by contacting privacy@parkerapex.com.

4.9 Do Not Track signals

Parker's current response to web browser “Do Not Track” signals is described in our Privacy Policy. Some browsers include Do Not Track features that signal websites you visit that you do not want your online activity tracked.

4.10 Cookies and tracking technologies

Parker uses cookies, web beacons, pixels, and similar technologies to provide, improve, protect, and market our Services.

• Strictly necessary: Required for website functionality
• Performance / analytics: Collect information about how visitors use our websites
• Functionality: Remember your preferences
• Targeting / advertising: Deliver relevant advertisements

You can control cookies through browser settings. For detailed information and choices, see our Cookie Policy. Parker may use third-party analytics services (such as Google Analytics). For EEA/UK users, Parker obtains consent for non-essential cookies through our cookie consent banner.

4.11 Data breach notification

Parker implements reasonable administrative, technical, and physical safeguards to protect personal information and PHI against unauthorized access, destruction, use, modification, or disclosure. In the event of a data breach involving personal information or PHI, Parker will:

1. Investigation: Promptly investigate the breach to determine scope and impact
2. Containment: Take immediate steps to contain and mitigate the breach
3. Assessment: Assess risk to individuals and determine notification obligations
4. Notification to individuals:
   • HIPAA breaches: notify affected individuals within 60 days of discovery
   • GDPR breaches: notify affected individuals without undue delay where breach presents high risk
   • PIPEDA breaches: notify affected individuals when breach creates real risk of significant harm
   • State law breaches: comply with applicable state breach notification timelines
5. Regulatory notification:
   • HIPAA: notify HHS Secretary within 60 days (or immediately if breach affects 500+ individuals)
   • GDPR: notify relevant supervisory authority within 72 hours of becoming aware
   • PIPEDA: notify Privacy Commissioner of Canada of breaches creating real risk of significant harm
   • State laws: notify state attorneys general as required
6. Documentation: Document all breach-related decisions, assessments, and actions
7. Remediation: Implement measures to prevent future similar breaches

User reporting. If you suspect a security incident or unauthorized access to your account, immediately contact security@parkerapex.com.

4.12 Data retention

Parker retains personal information only as long as necessary to fulfill the purposes for which it was collected, comply with legal/regulatory/contractual obligations, resolve disputes and enforce agreements, and serve legitimate business purposes.

Specific retention periods:

• PHI / Health Records: Minimum 6 years from date of creation or last use (per HIPAA); longer if required by state law (some states require 7–10 years or longer for minors)
• GDPR data: As specified in our Privacy Policy and as required for legal compliance
• Financial / billing records: 7 years for tax and audit purposes
• Employment records: As required by applicable employment law
• Marketing data: Until you opt-out or withdraw consent
• Account data: Until account closure plus retention period for legal purposes

Upon verified request, Parker will delete personal information unless retention is required by law or regulation, necessary for legal claims or defense, necessary to complete transactions or fulfill services, or required for internal analytics (in de-identified form). When personal information is no longer needed, Parker securely deletes or anonymizes it in accordance with industry standards.

5. Personal and non-commercial use limitation

Permitted uses. Unless otherwise specified in a separate agreement with Parker, the Parker Web Sites are exclusively for business use as it relates to your relationship with Parker, and your personal and other non-commercial use.

Prohibited uses. Unless expressly permitted by Parker in writing, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, solutions, products, or services obtained from the Parker Web Sites; use automated systems (bots, scrapers, crawlers) to access Parker Web Sites; extract data or content for commercial purposes; reproduce, duplicate, or copy Parker Web Sites for commercial use; resell or make commercial use of Parker Web Sites or their contents; or frame or mirror any part of Parker Web Sites without express written authorization.

Healthcare provider use. Healthcare providers and organizations using Parker Web Sites for patient care must comply with all applicable healthcare regulations, including HIPAA, and must have appropriate agreements in place with Parker.

6. User eligibility and representations

6.1 Age requirements

Minimum age. You represent and warrant that you are at least 18 years of age and possess the legal right and ability to enter into this Agreement and to use the Parker Web Sites in accordance with this Agreement. Individuals under 18 may use Parker Web Sites only with the involvement, supervision, and approval of a parent or legal guardian who agrees to be bound by these Terms. Emancipated minors may use Services in accordance with applicable law.

6.2 Authority to agree

You represent and warrant that: you have the legal capacity to enter into binding contracts; if accepting on behalf of an organization, you have authority to bind that organization to these Terms; your use of Parker Web Sites complies with all applicable laws and regulations; and all information you provide is accurate, current, and complete.

6.3 Financial responsibility

You agree to be financially responsible for your use of the Parker Web Sites (including any purchases or fees) and for any use of Parker Web Sites by others using your account, including minors.

6.4 Compliance obligations

You agree to comply with all terms of this Agreement; all applicable laws, regulations, and industry standards; all policies, procedures, and guidelines posted on Parker Web Sites; HIPAA requirements if you are a covered entity or business associate; and other healthcare regulations applicable to your use.

7. Restrictions on use

7.1 No unlawful or prohibited use

You may not: use Parker Web Sites in any manner that could damage, disable, overburden, or impair the Parker Web Sites; interfere with any other party's use and enjoyment of the Parker Web Sites; obtain or attempt to obtain any materials or information through any means not intentionally made available through the Parker Web Sites; use any automated systems to access Parker Web Sites without express written permission; attempt to gain unauthorized access to any portion of Parker Web Sites, other accounts, computer systems, or networks; probe, scan, or test the vulnerability of Parker Web Sites or breach security measures; reverse engineer, decompile, or disassemble any software or technology underlying Parker Web Sites; transmit any viruses, worms, defects, Trojan horses, or other destructive items; use Parker Web Sites to violate the security of any computer network; or engage in any activity that could harm minors or exploit them in any way.

7.2 Prohibited health-related activities

You specifically may not submit false or misleading health information; impersonate a healthcare provider or professional; provide medical advice unless you are a licensed healthcare professional; use Parker Web Sites to prescribe medications without proper authorization; attempt to obtain prescription medications without a valid prescription; use Parker Services to circumvent healthcare regulations or standards of care; or submit PHI without proper authorization or Business Associate Agreement.

7.3 Account security

You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, notifying Parker immediately of any unauthorized use of your account, using strong passwords and changing them regularly, not sharing your credentials with others, and logging out from your account at the end of each session.

7.4 Acceptable use of PHI

If you have access to PHI through Parker Web Sites, you must access only the minimum necessary PHI required for your legitimate purposes; maintain the confidentiality and security of all PHI; report any suspected unauthorized access or disclosure immediately; comply with all HIPAA requirements and your organization's policies; not use PHI for marketing without appropriate authorization; and not disclose PHI except as permitted by HIPAA and applicable law.

8. Communication services

The Parker Web Sites may contain bulletin board services, chat areas, blogs, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper, related to the particular Communication Service, and in compliance with applicable law.

Prohibited content and conduct(without limiting the generality of Section 7) — when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or harm the reputation of others; violate or infringe the legal rights of others (including rights of privacy and publicity); advocate, promote, or incite any third party to commit or assist any unlawful or criminal act; engage in any form of hate speech or discrimination; bully, intimidate, or threaten violence; publish any inappropriate, profane, defamatory, infringing, obscene, offensive, discriminatory, indecent, illegal, or unlawful content; post sexually explicit, pornographic, or otherwise adult content; post content that exploits or endangers minors; intentionally post inaccurate, false, or misleading information; upload files containing software or material protected by intellectual property laws unless you own or control the rights or have received all necessary consents; violate any copyright, trademark, patent, trade secret, or other proprietary rights; falsify or delete any author attributions, legal notices, proprietary designations, or labels; publish, post, upload, or distribute another's confidential, proprietary, sensitive, or personal information without consent; post PHI except as permitted by HIPAA and with appropriate authorization; harvest or collect information about others without their consent and Parker's consent; upload files containing viruses, worms, corrupted files, malware, or other harmful content; interfere with or disrupt Parker Web Sites, servers, or networks; advertise or offer to sell or buy goods or services for business purposes unless the Communication Service specifically allows such messages; conduct or forward surveys (unrelated to Parker business), contests, pyramid schemes, or chain letters; spam or send unsolicited commercial messages; download any file posted by another user that you know cannot be legally distributed; restrict or inhibit any other user from using and enjoying Communication Services; impersonate any person or entity or misrepresent your affiliation with any person or entity; or engage in any activity that could expose Parker to liability.

PHI in Communication Services.You must NOT post, upload, or share PHI in public Communication Services unless the Communication Service is specifically designated as HIPAA-compliant, you have appropriate authorization from the individual, and the disclosure is otherwise permitted by HIPAA. Communications designated as “private” or “secure” may be used for PHI only if Parker has confirmed HIPAA-compliance for that Communication Service, appropriate Business Associate Agreements are in place, and you have authorization to share the specific PHI.

Parker's rights and responsibilities. Parker reserves the right, but has no obligation, to monitor, review, edit, censor, remove, or otherwise control any content in Communication Services; remove content that violates these Terms or is otherwise objectionable; terminate or suspend access to Communication Services for violations; preserve content and disclose it to law enforcement or in legal proceedings; and refuse to post or remove any content at our sole discretion. Parker is under no obligation to monitor Communication Services and shall not be responsible as author, editor, or publisher (either directly or indirectly) for any information, ideas, data, materials, or other content made available through Communication Services. Parker does not control or endorse content found in Communication Services and specifically disclaims any liability resulting from user-generated content. Always use caution when posting personally identifying information or PHI.

Notice and Takedown.Parker provides a Notice and Takedown mechanism for abusive, defamatory, or other prohibited content. Content marked as “report abuse” by a user is immediately reviewed by a moderator. Inappropriate content is removed at the discretion of the moderation process. Parker may terminate accounts of repeat violators.

9. Communities and groups

In certain areas of the Parker Web Sites, users are able to create, join, participate in, and/or contribute to communities and collaborative groups. Permitted purposes are limited to communicating, collaborating, or doing business with Parker; communicating with Parker associates and/or Parker clients; and conducting business authorized by Parker. Prohibited purposes include personal communication with non-Parker associates unrelated to Parker business, collaboration internal to your personal business unrelated to Parker, doing business with entities other than Parker (unless authorized), social networking unrelated to Parker business, and any purpose that violates these Terms.

Group creators are responsible for ensuring the group complies with these Terms, moderating content and member behavior, removing inappropriate content or members, and maintaining the professional and appropriate nature of the group. Parker reserves the right to monitor all groups and communities, remove any group that violates these Terms, reassign group administration, and terminate access for violators. Groups designated as HIPAA-compliant may be used for PHI communication only if all members have signed appropriate confidentiality agreements, access controls are properly configured, the group is used for permitted healthcare operations, and all HIPAA requirements are met.

10. Materials provided to Parker or posted on Parker Web Sites

Except where specifically covered by Parker's Privacy Policy or HIPAA Privacy Practices Statement, Parker does not want to receive confidential or proprietary information from you through Parker Web Sites, and you agree not to supply the same. Unless covered by Parker's Privacy Policy or HIPAA Privacy Practices Statement, any information or material sent to Parker (collectively “Materials”) will be deemed NOT to be confidential. Parker shall have no obligation of any kind with respect to such Materials or any underlying information, except as required by applicable privacy and data protection laws.

Subject to the limitations of Parker's Privacy Policy and applicable law, by posting, uploading, inputting, providing, or submitting non-PHI Materials, you grant Parker and its authorized users a royalty-free, non-exclusive, worldwide license to use your submission in connection with the operation of Parker's business, including the rights to copy, modify, distribute, transmit, publicly display, and publicly perform your Materials; reproduce, edit, translate, and reformat your Materials; and incorporate any portion thereof into products or services. Materials used in this manner must be attributed in the manner specified by you, but not in any way that suggests Parker endorses you or your use of the work. You hereby agree to waive any and all moral rights arising from the non-PHI Materials so far as is lawfully possible and any broadly equivalent rights you may have in any territory of the world.

Critical exclusions from license. The above license DOES NOT apply to:

1. Protected Health Information (PHI): Any information that constitutes PHI under HIPAA will ONLY be used in accordance with HIPAA Privacy and Security Rules, Parker's HIPAA Privacy Practices Statement, any applicable Business Associate Agreement, and your specific authorizations.
2. GDPR-protected personal data: Personal data of EEA, UK, or Swiss residents will be processed ONLY in accordance with GDPR and equivalent data protection laws, Parker's Privacy Policy, the legal basis for processing, and your explicit consent for specific purposes (where required).
3. PIPEDA-protected information: Personal information of Canadian residents will be handled ONLY in accordance with PIPEDA and applicable provincial laws, Parker's Privacy Policy, and consent obtained for identified purposes.
4. Other protected data: Personal information protected under CCPA, other state privacy laws, or international data protection laws will be processed only in accordance with those laws and Parker's Privacy Policy.
5. Confidential information: Information submitted under separate confidentiality agreements remains subject to those agreements.

No compensation will be paid with respect to the use of any non-PHI Materials. Parker is under no obligation to post or use any Materials you provide and may remove any Materials at any time in Parker's sole discretion. By submitting Materials, you warrant and represent that you own or otherwise control all rights to your Materials; you have all rights necessary to provide them; the Materials do not violate any third-party rights; the Materials do not contain any unlawful, harmful, or objectionable content; the Materials comply with all applicable laws and regulations; and if the Materials include PHI, you have proper authorization to submit it.

11. Unsolicited idea submission policy

Parker and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns or promotions, new or improved solutions, products, or technologies, solution or product enhancements, processes or marketing plans, new solution or product names, or features or functionalities. Please do not submit any unsolicited ideas, samples, demos, or other works.

The sole purpose of this policy is to avoid potential misunderstandings or disputes when Parker's software, solutions, products, services, or marketing strategies might seem similar to ideas submitted to Parker.

If, despite our request that you not send us your ideas, you still submit them, then regardless of what message accompanies the submission: your submissions and their contents will automatically become both the legal and equitable property of Parker, without any compensation to you; Parker may use or redistribute the submissions and their contents for any purpose and in any way without limitation; there is no obligation for Parker to review the submission; there is no obligation to keep any submissions confidential; and you hereby agree to waive absolutely any and all moral rights arising from your submissions and their contents so far as is lawfully possible and any broadly equivalent rights you may have in respect of your submissions and their contents in any territory of the world.

12. Links to third party sites and business relationships

The Parker Web Sites may contain links to other websites (“Linked Sites”), including sites that may display Parker logos, trademarks, service marks, or trade names. When you access a non-Parker website, even one that may contain Parker branding, please understand that it is independent from Parker, Parker has no control over the content on that website, the linked website's terms and privacy policies govern your use of that site, and Parker does not endorse the linked website by providing a link.

Parker is not responsible for the contents of any Linked Site not under Parker control, any link contained in a Linked Site, any changes or updates to a Linked Site, any form of transmission received from any Linked Site, or webcasting or any other form of transmission from any Linked Site. Parker makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in Linked Sites.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PARKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER FOR ANY USE OF THE LINKED SITES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Software available on Parker Web Sites

Any software made available to download from Parker Web Sites (excluding software that may be made available by end-users through a Communication Service) is the copyrighted work of Parker and/or its suppliers (“Software”). Your use of the Software is governed by the terms of the business agreement or end user license agreement (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a specific License Agreement, Parker grants you a personal, non-transferable, limited license to use the Software for viewing and otherwise using Parker Web Sites in accordance with this Agreement and no other purpose. You must keep intact all copyright and other proprietary notices, no other license is granted or implied, and all rights not expressly granted are reserved by Parker.

You shall not modify, alter, decompile, reverse engineer, or otherwise change Software (except as permitted by applicable law without the possibility of contractual waiver); reproduce or redistribute the Software; copy the Software to any other server or location for further reproduction or redistribution; remove or alter any proprietary notices or labels; or use the Software in violation of any applicable laws or regulations.

All Software is protected by copyright laws and international treaty provisions, trade secret laws, and other intellectual property laws. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. IF NO LICENSE AGREEMENT IS PROVIDED, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

You acknowledge that the Software, any accompanying documentation, and/or technical information is subject to applicable export control laws and regulations of the United States, you agree not to export or re-export the Software directly or indirectly to any countries that are subject to U.S. export restrictions, and you will comply with all applicable export laws and regulations.

14. Intellectual property rights

All contents of the Parker Web Sites are: Copyright © Parker Health, Inc., 818 18th St NW, Suite 810, Washington DC 20006, U.S.A. All rights reserved. The software and documentation are protected by copyright laws, international copyright treaties, trademark laws, trade secret laws, and other intellectual property laws. Material found on Parker Web Sites contains the valuable properties of Parker, embodying substantial creative efforts. No part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of Parker.

As used in these Terms, Intellectual Property collectively means trademarks, service marks, trade names, copyrights, patents, trade secrets, and other proprietary materials and information. The use or misuse of Parker's Intellectual Property, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, communications regulations and statutes, and other applicable laws, statutes, and/or regulations. Parker reserves all rights in its Intellectual Property. Any use not expressly permitted by these Terms or separate written agreement is prohibited. For information about referencing or using Parker Marks, please consult the Parker Third Party Trademark Guidelines and the List of Parker Trademarks, available upon request at legal@parkerapex.com.

15. Copyright infringement claims (DMCA)

In accordance with the Digital Millennium Copyright Act of 1998, Title 17, United States Code, Section 512(c), Parker will respond expeditiously to claims of copyright infringement committed at Parker Web Sites or at a location to which Parker provides a link.

Filing a copyright infringement notice. Pursuant to Title 17, United States Code, Section 512(c)(3), your notification must include:

1. A physical or electronic signature of the copyright owner or person authorized to act on their behalf
2. Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works)
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Parker to locate the material (including URLs)
4. Your contact information, including address, telephone number, and email address
5. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Designated copyright agent. Send notifications of claimed copyright infringement to: Attn: Legal Counsel, Parker Health, Inc., 818 18th St NW, Suite 810, Washington DC 20006. Email: legal@parkerapex.com (CC compliance@parkerapex.com).

Counter-notification. If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification containing your physical or electronic signature; identification of the material and its location before removal; a statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification; your name, address, telephone number, and a statement that you consent to jurisdiction of the Federal District Court for the judicial district in which your address is located (or Delaware if outside the U.S.), and that you will accept service of process from the person who provided the original notification. Send counter-notification to the same designated agent above.

Repeat infringers. Parker may, in appropriate circumstances and at its discretion, terminate a Parker Web Site user if he or she is a repeat infringer. False claims: under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or blocked by mistake may be subject to liability.

16. Liability disclaimer and limitations

16.1 Medical information disclaimer

Some of the information contained on Parker Web Sites is presented for the purpose of educating consumers on wellness and disease management topics, and educating the public on emerging healthcare issues. Nothing contained in Parker Web Sites is intended to be instruction for medical diagnosis or treatment. The information should not be considered complete or exhaustive, relied on to suggest a course of treatment for a particular individual, or used in place of the advice of your physician or other qualified healthcare provider.

Should you have any healthcare-related questions, please consult your physician or other qualified healthcare provider promptly. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on Parker Web Sites. The information contained on Parker Web Sites is compiled from a variety of sources (“Information Providers”). Neither Parker nor the Information Providers directly or indirectly practice medicine or dispense medical services as part of Parker Web Sites. Information obtained from Parker Web Sites is not exhaustive and does not cover all diseases, ailments, physical conditions, or their treatment.

16.2 General disclaimer

ADVICE RECEIVED VIA PARKER WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, TECHNICAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE INFORMATION, SOFTWARE, SOLUTIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH PARKER WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PARKER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN PARKER WEB SITES AT ANY TIME.

16.3 “AS IS” provision

PARKER AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON PARKER WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

16.4 Warranty disclaimers

PARKER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SOLUTIONS, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, AND QUIET ENJOYMENT.

16.5 Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION: damages for loss of use, data, or profits; business interruption; loss of programs or other data on your information handling system; procurement of substitute services; arising out of or in any way connected with the use or performance of Parker Web Sites; delay or inability to use Parker Web Sites or related services; provision of or failure to provide services; any information, software, products, services and related graphics obtained through Parker Web Sites — WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PARKER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

16.6 State law variations

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF PARKER WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING PARKER WEB SITES.

16.7 Cap on total liability

NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF PARKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.

16.8 Critical exceptions to liability limitations

1. Privacy law violations: Violations of HIPAA Privacy or Security Rules; violations of GDPR; violations of PIPEDA; violations of CCPA/CPRA or other state privacy laws; violations of other applicable data protection laws.
2. Data breaches: Unauthorized disclosure of Protected Health Information (PHI); unauthorized disclosure of personal data; data breaches resulting from failure to implement reasonable security measures; failure to provide required breach notifications.
3. Unlawful conduct: Gross negligence or willful misconduct by Parker; intentional torts; fraud or fraudulent misrepresentation; criminal acts.
4. Non-waivable liabilities: Liabilities that cannot be lawfully excluded or limited under applicable law; death or personal injury caused by Parker's negligence; consumer protection law violations; other statutory rights that cannot be waived.
5. Contractual obligations: Breach of Business Associate Agreements; breach of Data Processing Agreements; breach of other specific written agreements.

16.9 Jurisdictional limitations

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, INCLUDING THIS SECTION 16, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

17. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PARKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM: any violation of this Agreement; any activity related to your use of Parker Web Sites; any account you might have with Parker; infringement of third parties' worldwide intellectual property rights; misappropriation of trade secrets or other proprietary rights; negligent or wrongful conduct by you; your violation of any law or regulation; your violation of any third-party rights; content you post or submit; or unauthorized disclosure of PHI or personal data by you.

Parker reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without Parker's prior written consent. You agree to cooperate fully with Parker in the defense of any claim subject to indemnification.

18. Waiver, release and limitation of liability

YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST PARKER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF PARKER WEB SITES.

This Section 18 will not apply to:

• Claims arising from gross negligence or willful misconduct by Parker
• Claims for violations of HIPAA, GDPR, PIPEDA, or other privacy laws
• Claims for unauthorized disclosure of PHI or personal data
• Claims for data breaches resulting from inadequate security
• Any other claims in respect of liability that cannot be lawfully excluded or limited
• Claims where such release would be contrary to public policy
• Claims for fraud or intentional misrepresentation

Nothing in this section waives, limits, or affects any statutory rights that cannot be waived under applicable law, including consumer protection rights, privacy rights, or other mandatory legal protections.

19. Term and termination

Either you or Parker may terminate your right to use Parker Web Sites at any time, with or without cause, upon notice to the other party. Termination may be effected by your cessation of use of Parker Web Sites; Parker's notice to you via email or posting on Parker Web Sites; or your notice to Parker via the contact methods in Section 23.

Parker may withdraw, suspend, or discontinue any functionality or feature of Parker Web Sites; suspend or terminate your access for violation of these Terms; suspend or terminate your access for security reasons; or discontinue Services with reasonable notice.

Upon termination your right to use Parker Web Sites immediately ceases, you must cease all use of Parker Web Sites, and sections of these Terms that by their nature should survive termination shall survive — including Intellectual Property Rights (Section 14), Indemnification (Section 17), Waiver and Release (Section 18), Governing Law and Jurisdiction (Section 20), General Provisions (Section 21), privacy obligations and data protection requirements, and any other provisions that by their nature should survive.

Upon termination Parker will handle your personal data in accordance with applicable privacy laws and regulations, Parker's Privacy Policy and data retention policies, any separate agreements regarding data retention, and your data deletion requests (subject to legal retention requirements). PHI will be handled in accordance with HIPAA requirements, Business Associate Agreements, and applicable healthcare record retention laws.

20. Governing law and jurisdiction

20.1 United States users

For users in the United States, this Agreement is governed by United States federal law where applicable and the laws of the State of Delaware (without regard to its conflicts of law principles). The above is subject to preemption by HIPAA, other federal healthcare regulations, or other mandatory federal laws. You hereby consent to the exclusive jurisdiction and venue of courts in New Castle County, Delaware, U.S.A. in all disputes arising out of or relating to the use of Parker Web Sites.

20.2 European Economic Area, United Kingdom, and Swiss users

For Users in the European Economic Area, United Kingdom, or Switzerland, nothing in this Agreement affects your rights under GDPR, UK GDPR, or Swiss data protection laws. You retain your right to bring proceedings before the courts of your habitual residence, you may file complaints with your local data protection supervisory authority, and mandatory consumer protections under EU/UK/Swiss law cannot be contractually waived. To the extent permitted by law, Delaware law applies, but where EU/UK/Swiss law provides greater protection, that law shall apply.

20.3 Canadian users

Canadian Users retain all rights under PIPEDA, applicable provincial privacy legislation, and Canadian consumer protection laws. Canadian users may file privacy complaints with the Office of the Privacy Commissioner of Canada or applicable provincial privacy commissioners.

20.4 California and other state users

Nothing in this Agreement waives, limits, or affects rights under the California Consumer Privacy Act (CCPA/CPRA); rights under Virginia, Colorado, Connecticut, Utah, or other state privacy laws; mandatory state consumer protection laws; or other non-waivable statutory rights.

20.5 International users

Use of Parker Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including this Section 20. Users outside the United States are responsible for compliance with applicable local laws regarding online conduct, acceptable content, privacy and data protection, export control, and healthcare regulations.

20.6 Conflict with mandatory law

If any provision of this Agreement conflicts with mandatory law applicable to you, that provision shall be modified to the minimum extent necessary to comply, the remainder of the Agreement remains in full effect, and you retain all rights provided by such mandatory law.

21. General provisions

21.1 Entire agreement

This Agreement, together with Parker's Privacy Policy, HIPAA Privacy Practices Statement, Cookie Policy, and any other policies or agreements expressly incorporated by reference, constitutes the entire agreement between you and Parker regarding use of Parker Web Sites. In the event of any conflict between the terms of this Agreement and a duly executed written agreement between Parker and User (such as a Business Associate Agreement, Data Processing Agreement, or service agreement), the terms of the duly executed written agreement shall have precedence.

21.2 Limitation on claims

Any cause of action or claim you may have with respect to Parker must be commenced within one (1) year after the claim or cause of action arises, except where prohibited by law or where longer periods are provided by applicable law. This limitation does not apply to claims arising from violations of privacy laws, claims that cannot be time-barred under applicable law, or claims for fraud or intentional misrepresentation.

21.3 No waiver

Parker's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

21.4 Course of dealing

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

21.5 Assignment

Parker may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign, transfer, or delegate your rights or obligations under this Agreement without Parker's prior written consent.

21.6 No joint venture

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Parker as a result of this Agreement or use of Parker Web Sites.

21.7 Compliance with law

Parker's performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of Parker's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Parker Web Sites or information provided to or gathered by Parker with respect to such use.

21.8 Severability

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of this Agreement shall continue in effect; and to the extent any disclaimer or limitation is held invalid, Parker's liability shall be limited to the maximum extent permitted by law.

21.9 Headings

Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision.

21.10 Force majeure

Parker shall not be liable for any failure or delay in performing obligations under this Agreement where such failure or delay results from any cause beyond Parker's reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics; governmental actions, war, terrorism; Internet or telecommunications failures; power outages or equipment failures; or cybersecurity incidents affecting infrastructure beyond Parker's control.

21.11 Language

This Agreement is executed in English. Any translation provided is for convenience only. In case of conflict between the English version and any translation, the English version prevails.

21.12 Electronic communications

By using Parker Web Sites, you consent to receive electronic communications from Parker. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to Parker Web Sites. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

22. Global availability

Parker makes no representations that the information on Parker Web Sites is appropriate or available for use in all locations. Access to Parker Web Sites from territories where their content is illegal or prohibited is unauthorized. Those who choose to access Parker Web Sites from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws, compliance with local data protection and privacy laws, ensuring their use is lawful in their jurisdiction, and obtaining any necessary authorizations or licenses.

You agree to comply with all applicable export and import control laws and regulations, including U.S. Export Administration Regulations, International Traffic in Arms Regulations, economic sanctions programs administered by OFAC, and import regulations of other countries. You represent that you are not located in, or a resident or national of, any country subject to U.S. embargo; on any U.S. government list of prohibited or restricted parties; or subject to any prohibitions on receiving U.S.-origin goods or services.

Information Parker publishes on the World Wide Web may contain references or cross-references to Parker solutions, programs, and services that are not announced or available in your country. Such references do not imply that Parker intends to announce such solutions, programs, or services in your country. Consult your local Parker business contact for information regarding the solutions, programs, and services which may be available to you. Certain jurisdictions may have data localization requirements; if you are subject to such requirements, you are responsible for ensuring compliance and should contact Parker to discuss available solutions.

23. Notice and contact information

23.1 Parker providing notice to you

Parker may deliver notice to you under this Agreement by means of electronic mail to your email address on record; a general notice on Parker Web Sites; written communication delivered by first class U.S. mail to your address on record in Parker's account information; in-application notifications or messages; or SMS / text message (if you have opted in). You are responsible for maintaining current contact information with Parker.

23.2 You providing notice to Parker

You may give notice to Parker at any time via:

• General support: support@parkerapex.com
• Privacy matters: privacy@parkerapex.com
• Data Protection Officer (GDPR): dpo@parkerapex.com
• California privacy: californiaprivacy@parkerapex.com
• Legal matters: legal@parkerapex.com (CC compliance@parkerapex.com)
• Security incidents: security@parkerapex.com
• Media inquiries: media@parkerapex.com
• Postal mail: Parker Health, Inc., 818 18th St NW, Suite 810, Washington DC 20006

23.3 Accessibility support

If you have difficulty accessing Parker Web Sites due to a disability, please contact accessibility@parkerapex.com. We are committed to providing accessible digital experiences in compliance with applicable accessibility laws.

24. Additional important information

Parker may change or update the information on Parker Web Sites without notice; make improvements and/or changes in solutions and/or services described on Parker Web Sites at any time without notice; add, modify, or remove features and functionalities; and update content, policies, and procedures. You are responsible for regularly reviewing these Terms and any changes to Parker Web Sites.

Parker does not guarantee that Parker Web Sites will be available at all times, access will be uninterrupted or error-free, Services will meet your specific requirements, or results obtained from use will be accurate or reliable. Parker may perform maintenance, updates, or modifications that may temporarily affect availability.

You are solely responsible for backing up any content, data, or information you store on or submit to Parker Web Sites. Parker is not responsible for any loss or corruption of your data. Parker Web Sites may integrate with or provide access to third-party services; your use of third-party services is subject to the third party's terms of service, privacy policy, and any agreements you have with the third party. Parker is not responsible for third-party services or their data practices.

Parker is committed to ensuring digital accessibility for people with disabilities. We continually work to improve the accessibility and usability of Parker Web Sites and comply with applicable accessibility standards, including Section 508 of the Rehabilitation Act, Web Content Accessibility Guidelines (WCAG), and Americans with Disabilities Act (ADA) as applicable. If you encounter accessibility barriers, please contact accessibility@parkerapex.com.

If you provide Parker with feedback, suggestions, or ideas about Parker Web Sites (“Feedback”): Parker may use Feedback without any obligation to you; you grant Parker a perpetual, irrevocable, royalty-free license to use Feedback; and Feedback is non-confidential.

25. Definitions

For purposes of this Agreement:

• “Agreement” or “Terms” means these Terms of Service, as may be amended from time to time.
• “Business Associate Agreement” or “BAA” means an agreement required under HIPAA between a covered entity and a business associate.
• “Communication Services” means bulletin boards, chat areas, blogs, forums, communities, and other interactive features of Parker Web Sites.
• “GDPR” means the General Data Protection Regulation (EU) 2016/679.
• “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as amended.
• “Materials” means information or content submitted to Parker Web Sites by users.
• “Parker,” “we,” “us,” or “our” means Parker Health, Inc., its affiliates and subsidiaries.
• “Parker Web Sites” or “Services” means all websites, applications, and online services operated by Parker, including parkerapex.com, parkerhg.com, and the APEX product line.
• “Personal Data” has the meaning given in applicable privacy laws, including GDPR and CCPA.
• “PHI” or “Protected Health Information” has the meaning given in 45 CFR § 160.103.
• “PIPEDA” means the Personal Information Protection and Electronic Documents Act (Canada).
• “Privacy Policy” means Parker's privacy policy available at parkerapex.com/legal/privacy.
• “User,” “you,” or “your” means any individual or entity accessing or using Parker Web Sites.

26. Acknowledgment and acceptance

By accessing or using Parker Web Sites, you acknowledge that:

1. You have read and understood these Terms of Service in their entirety
2. You have read and understood Parker's Privacy Policy
3. You agree to be legally bound by these Terms
4. You understand that Parker processes health information subject to HIPAA
5. You understand your privacy rights under applicable law
6. If you are accessing Parker Web Sites on behalf of an organization, you have authority to bind that organization to these Terms
7. You will comply with all applicable laws and regulations
8. You are at least 18 years of age (or have parental consent)

If you do not agree to these Terms, you must not access or use Parker Web Sites.

27. Effective date and version

Effective date: February 15, 2026
Previous version date: March 14, 2025
Version: 2.0

This Terms of Service supersedes all previous versions. Parker will maintain an archive of previous versions, available upon request to legal@parkerapex.com.

Appendix A — Quick reference: your privacy rights

If you are in the United States

HIPAA rights (all U.S. patients): access your health records; request corrections; request restrictions on uses/disclosures; receive breach notifications; file complaints with HHS.

California residents (CCPA/CPRA): know what personal information is collected; delete personal information; correct inaccurate information; opt-out of sale/sharing; non-discrimination for exercising rights. Contact: californiaprivacy@parkerapex.com.

Other state residents: Virginia, Colorado, Connecticut, Utah residents have similar rights. Contact: privacy@parkerapex.com.

If you are in Europe

GDPR rights (EEA/UK/Switzerland): access your personal data; rectify inaccurate data; erase data (“right to be forgotten”); restrict processing; data portability; object to processing; withdraw consent; lodge complaints with supervisory authority. Contact: dpo@parkerapex.com.

If you are in Canada

PIPEDA rights: access your personal information; correct inaccurate information; withdraw consent; file complaints with Privacy Commissioner. Contact: privacy@parkerapex.com. Privacy Commissioner of Canada: www.priv.gc.ca | 1-800-282-1376.

If you are in Australia

Australian Privacy Principles: access and correct personal information; complain to Parker or OAIC. Contact: privacy@parkerapex.com. OAIC: www.oaic.gov.au | 1300 363 992.

Appendix B — Document reference

This Terms of Service should be read in conjunction with:

1. Privacy Policy
2. HIPAA Privacy Practices Statement
3. Cookie Policy
4. California Privacy Notice
5. Business Associate Agreement (for healthcare providers)
6. Data Processing Agreement (for GDPR compliance)
7. Accessibility Statement

For paper copies of any document, contact privacy@parkerapex.com.

End of Terms of Service. © 2026 Parker Health, Inc. All rights reserved.