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ACCOLADE TERMS OF USE


IMPORTANT 

Updated: December 18, 2023; Effective: January 1, 2024 

Accolade, Inc. operates a series of companies including Accolade,  Accolade
Expert MD, LLC or 2ndMD, PlushCare, Inc. and AccoladeCare, Inc. (“Accolade”,
“we”, or “our”) along with its corresponding websites located at accolade.com,
2nd.md, plushcare.com, and accolade.com, and other websites, products, services
and mobile applications which reference this Terms of Use (“Terms”), including,
among others, the Accolade Mobile Application, Accolade Portal (including
MyAccolade), PlushCare webpages, 2nd.MD webpages, and any other domains
associated with the digital tools (collectively, the “Platform”). 

These Terms are structured to facilitate your access to the terms relevant to
your specific use of the Platform, allowing you to easily navigate and
understand the provisions applicable to your usage of the Platform. By accessing
and using the Platform or anything associated with the Platform, including its
content (“Content”), any affiliated website, software or application owned by
Accolade (collectively, including the Platform and the Content, the
“Service(s)”), you are agreeing to the following Terms.  

You are not required to register with Accolade in order to access the Platform.
However, you must register with Accolade if you choose to utilize our Services.
To register with our Platform, you must create an account (“Account”) by
entering your name, email address, password, and additional information
collected by Accolade (collectively “Account Information”). 

This Platform and these Services are not directed at anyone under the age of 18
and does not seek to obtain information from any person under the age of 18.  If
you are between the ages of 13 and 17, you must obtain parental permission and
ensure that they have read and agreed to these terms prior to using this
Service. By using this Platform, you are attesting to the fact that you meet
these requirements and possess the legal rights and ability to agree to these
Terms. 

These Terms apply to the Service generally and are subject to any other
agreement between you and Accolade and such terms of use, legal notices or
disclaimers applicable to specific portions of the Service accessed by you. 

These Terms were last updated as of the date indicated at the top of these
Terms. Accolade may revise these Terms at any time without notice. Any revision
and/or addition to these Terms shall become effective and binding on you when
you continue to use the Service on or after the effective date of such revision
and/or addition. Know that we will never make changes to these Terms that
diminish the protection of your personal information or are inconsistent with
applicable law. 


PRIVACY POLICY 

Accolade may monitor your usage of the Service. By accessing and/or utilizing
the Service, you agree that Accolade may disclose any information as may be
collected from you by Accolade or any third party providing services to
Accolade. Accolade will comply with all laws and regulations which apply to our
collection, retention and use of information pertaining to you, and we shall
take all practicable steps to ensure that any information collected from you is
protected against unauthorized or accidental access, erasure, or use. 

You can view Accolade’s Privacy Policy at 
https://www.accolade.com/privacy-policy. 

You can view Accolade ExpertMD, LLC/2ndMD’s Privacy Policy at
https://www.2nd.md/privacy/general. 

You can view PlushCare’s Privacy Policy at https://plushcare.com/privacy.  

You can view Accolade Care’s Privacy Policy at
https://www.accoladecare.com/privacy-policy. 


ACCOLADE’S WEB AND MOBILE SERVICES, INCLUDING ACCOLADE DIGITAL TOOLS

In addition to this Platform, Accolade provides, from time to time, various web
and mobile services to its customers and clients.  Such web and mobile services
may have their own terms and conditions, and your use of such services is
subject to any such additional terms and conditions.  

As a part of our Service, Accolade provides Accolade Digital Tools, which
permits you and your family the opportunity to receive the same great Accolade
service that we provide to hundreds of thousands of families through our
Accolade Care Advocates in the form of a mobile app.  In order to provide you
with access to the Accolade Digital Tools, there is certain personal and
protected health information that the Accolade Digital Tools will securely
access and transmit. Much of this information is similar to the information that
our Accolade Care Advocates and clinicians access for you today, and includes:  

 * general personal and demographic information (e.g., name, sex, date of birth,
   address, dependents) 

 * health plan benefits and eligibility information 

 * health and claims information 

 * other personal or protected health information that you may provide to
   Accolade via the Accolade Digital Tools 

We access and use this information only as minimally necessary to provide
Accolade Digital Tools to you. Even if you decide not to use the Accolade
Digital Tools, Accolade will have access to certain of the above-referenced
information in its role as a service provider to your employer and/or a health
plan carrier through which you have purchased a health plan or other benefits.
As an employee or member of a health plan of an Accolade customer, you have
already consented to Accolade’s access to and use of information for these
purposes. This will not change whether or not you use the Accolade Digital
Tools. Even so, we only use or disclose your information as permitted by HIPAA
(see the Privacy Notice) and to provide or inform you about Accolade Services or
other services or benefits available to you under your health plan.

 https://www.accolade.com/legal/policies/privacymobile-terms-use/    


CONSENT TO RECORDING OF CALLS AND INTERACTIONS WITH OUR SERVICES

You acknowledge and agree that any telephone calls between you and Accolade
representatives may be recorded and/or monitored for training, quality assurance
or other business purposes. You also agree that we and our third-party service
providers may record and use information about your interactions with our
Services and your communications with us (including, via chat features) for
customer service, quality assurance, research, development and other purposes as
described in our Privacy Policy at https://www.accolade.com/privacy-policy/.  




NO MISREPRESENTATION OF YOUR IDENTITY

You will not falsely state or otherwise misrepresent your identity or
affiliation with another person or entity to obtain access to the Accolade
Digital Tools or to access another person’s information.    Except where
expressly authorized by law, e.g., in the case where you are an authorized
personal representative for another person, you will not use another person’s
access information to access the Accolade Digital Tools. Violation of this
provision may subject you to civil and criminal penalties.  


USING THE ACCOLADE DIGITAL TOOLS

Please consider Accolade’s provision of the Accolade Digital Tools to you a
privilege and not a right. Accolade grants you a limited, non-exclusive,
non-transferable, revocable license to use the Accolade Mobile solely for your
own personal use and solely in accordance with these Terms. 

Accolade may revoke or suspend your access at any time for any reason. You are
prohibited from: 

 * using the Accolade Digital Tools in any manner that could damage or
   overburden any Accolade server, or any network connected to any Accolade
   server, as all servers have limited capacity and are used by many people; 

 * using the Accolade Digital Tools in any manner that would interfere with
   another party's use of the Accolade Digital Tools; 

 * including the term ACCOLADE®, ACCOLADE CARE ADVOCATE, or any Accolade
   trademark or executive's name or any variation of the foregoing in any
   unauthorized manner or as a meta-tag or hidden textual element in another web
   site or application; 

 * using any robot, spider, intelligent agent, other automatic device or manual
   process to search, monitor or copy information provided via the Accolade
   Digital Tools or the reports, data, information, content, software, products,
   services or other materials on, generated by or obtained from the Accolade
   Digital Tools, whether through links or otherwise (collectively "Devices")
   without Accolade's permission, provided that generally available third party
   web browsers may be used without such permission; 

 * using the Accolade Digital Tools or the Devices in any manner that could
   create an impression of affiliation, sponsorship or endorsement by Accolade
   or any of its customers; 

 * using the Accolade Digital Tools for any unlawful, illegal or prohibited
   purpose; 

 * using the Accolade Digital Tools to damage or attempt to do harm to others;
   or 

 * uploading or posting statements or information that would be reasonably
   understood to be offensive, obscene, constitute pornography, illegal content,
   or any of the like. 

If you do any harm by your wrongful actions in using the Accolade Digital Tools,
you agree to pay Accolade or any other party associated with Accolade for any
losses, damages or costs resulting from your failure to comply with these
Terms.  


MINIMUM SYSTEM REQUIREMENTS

The Accolade Digital Tools is designed to work on a variety of mobile devices,
including devices running iOS and Android operating systems. The Accolade
Digital Tools may not be compatible with all devices or operating systems,
especially older operating systems that have not been regularly updated.
Accolade shall have no responsibility or liability for any non-compatibility,
loss of functionality or degraded performance in the Accolade Digital Tools due
to any particular device or operating system. You are responsible for keeping
for your device and operating system up to date.  


COMMUNICATING WITH YOUR ACCOLADE CARE ADVOCATE OR ACCOLADE CLINICIAN

The Accolade Digital Tools contains functionality for you to create an
asynchronous messaging session (e.g., chat) with your Accolade representative,
which may include an Accolade Care Advocate or Accolade clinician. We try to
connect you with your personal Accolade representative, but cannot guarantee
that your personal Accolade representative will always be available at the times
you attempt to contact them. If your personal Accolade representative is not
available, you will have the option to leave a message for them to get back to
you, or connect with another Accolade representative.  

Be courteous. Your Accolade representative is there to help you. However,
Accolade follows strict anti-harassment and anti-discrimination policies and
will not tolerate inappropriate behavior. Your access will be immediately
terminated, in our sole and absolute discretion, if you harass, discriminate,
threaten, or otherwise engage in any inappropriate behavior during any
communication with your Accolade representative.  Subject to applicable law,
such behavior may be reported to your employer and you expressly agree to such
disclosure.  

Accolade’s typical hours of operation are between 8 a.m. through 8 p.m. eastern
time. If your employer is based on the west coast of the United States,
Accolade’s hours of operation may be extended to 8 p.m. pacific time. Your
Accolade representative may not be available at all times.  

Accolade prides itself on providing accurate, up-to-date information to you in
helping you navigate your healthcare. However, the content and information
contained on and provided through the Accolade Digital Tools may contain
inaccuracies and typographical errors, and is provided on an “as is” basis.
Accolade makes no representations about suitability, accuracy, completeness,
reliability or timeliness of information, content or services. If you are
dissatisfied with information provided on the Accolade Digital Tools, please
advise Accolade immediately. Accolade will not be responsible or liable for any
direct, indirect, equitable, consequential, special or monetary damages
resulting from your use of the Accolade Digital Tools. The use of this
information is at your own risk. 


USE OF INFORMATION YOU PROVIDE

Accolade complies with all laws and regulations which apply to our collection,
retention and use of information pertaining to you, and we shall take all
practicable steps to ensure that any information collected from you is protected
against unauthorized or accidental access, erasure or use. More specifically,
all of your personal information and any PHI you provide will be kept private
and secure and treated in accordance with the HIPAA Privacy and Security Rules.
With respect to your personal information, Accolade has adopted privacy and
security measures that comply with, and in many cases exceed, the standards set
forth by the HIPAA Privacy and Security Rules. 

You may post information about you and your family members, including minor
children for whom you are the legal guardian or personal representative. You are
solely responsible for the information that you submit. You agree that Accolade
may access and use this information to provide services to you and your family.
All information or content provided by you to Accolade will be used by Accolade
in accordance with our Privacy Notice. Specifically, know that our
communications with you are strictly limited to and for the purpose of providing
information to you about the benefits available to you under your health plan,
including the services provided by Accolade. 

Accolade may monitor your usage of the Accolade Digital Tools in order to
improve quality, and to enhance our service to you. 

In addition, certain information that Accolade will collect and use via the
Accolade Digital Tools may constitute Protected Health Information (PHI) under
HIPAA. Your employer and Accolade have contracted with various health-related
and insurance-related service providers. Some of these service providers provide
health-related services that may be of interest to you, such as telemedicine,
second opinion services, cost transparency, or services that can assist you with
specific conditions, such as diabetes or obesity. We will only contact you about
such services if they are part of your health plan. We will not contact you
about third-party services that are not part of your health plan, or permit such
third parties to independently market to you. 

While Accolade does not sell your information to any third parties for
remuneration, and complies with applicable law regarding the disclosure of PHI,
in order to provide you with the full benefit of Accolade services and the
services that your employer or health plan may offer to you, Accolade may
provide certain information, including PHI, to such service providers in order
to assist you in using such services. Disclosure may also be made as permitted
by applicable law for the purpose of treatment, payment or health care
operations as permitted by HIPAA. You expressly authorize Accolade to make such
disclosures. Again, rest assured that Accolade makes such disclosures as
permitted by HIPAA and in connection with Accolade Services and the specific
benefits available to you under your health plan. We will not provide any
information to third parties to enable them to independently market their
services to you, which are not part of your health plan benefits. 

Accolade, your employer, and your health plan and such third-party service
providers may want to provide you with relevant products and service offerings
that are part of your health plan benefits, from time to time, and you expressly
authorize Accolade and such entities to use your information to contact you
about these products and services.  You acknowledge that you are not required to
use or purchase any of these products or services. 

However, if you do choose to purchase or use such products or services, you may
be asked by such service provider to provide additional personal information in
order to receive such products or services. Accolade is not responsible for any
information that you choose to provide to such service providers, and you
understand that such service providers may not be subject to health information
privacy laws. Accolade will not disclose any such information to service
providers that are not subject to health information privacy laws unless they
abide by specific safeguards and contractual restrictions that protect your
privacy. 

Your authorization hereunder is voluntary. We will not, and do not have the
ability to condition your enrollment in any health plan or eligibility for
benefits or payment of claims in a health plan on your accepting such
authorization. 


INFORMATION PURPOSES ONLY

The Content has been prepared solely for information purposes, and your use of
the Service does not entitle you to any product or service offered by Accolade. 
If your employer or health plan is an Accolade customer, please call your
Accolade Care Advocate who will be happy to assist you. The Content contains
general information only and does not consider any particular person’s health or
situation. All information, opinions and estimates expressed on the Content are
current as of the date of publication, are subject to change without notice, and
may become outdated over time. 

The opinions expressed on the Content are non-binding and may not represent the
actual terms and conditions of Accolade services.  Statements or opinions on
this Content do not constitute medical, psychological, or other professional
advice.  Contact your doctor or nurse if you need non-emergency medical care. 

Accolade is here to simplify healthcare and your health benefits for you and
your family. We are here to help you understand your healthcare options, to
facilitate your use of the healthcare system and to support you as you make your
healthcare decisions. Accolade does not provide medical advice, provide nursing
care, diagnose or deliver treatment. Those are activities for you to undertake
with your doctor or other appropriately trained and qualified health
professional.  

IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL YOUR DOCTOR OR 911
IMMEDIATELY. 


NO RELIANCE

While Accolade has endeavored to ensure the accuracy of the information on the
Service, Accolade does not guarantee or give any representation or warranty as
to the non-infringement, accuracy, timeliness or completeness of any
information, published third-party content or material published on the Service.
ALL SERVICE INFORMATION IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. 
Accordingly, you should not place reliance on Service content. In relation to
third-party content, Accolade may not have independently verified the accuracy
or completeness of such information or the assumptions on which such information
is based.  


NO REPRESENTATION OR WARRANTY

THIS CONTENT PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO
REPRESENTATIONS OR WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS
(INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS), TITLE,
MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. 

Materials on the Content may be subject to incorrect data transmission or other
faults due to the public nature of the Internet. Accolade may amend, relocate,
remove or delete any such materials from time to time in its sole
discretion. Without prejudice to the foregoing, and to the extent permitted by
applicable law, Accolade makes no representations or warranties: 

 * regarding the accuracy, timeliness, adequacy, commercial value or
   completeness of any data and/or information contained on the Content; 

 * that the Content is free from computer viruses or other malicious,
   destructive or corrupting codes, agents, programs or macros; or 

 * that the functions contained on the Content will not be interrupted, or
   error-free or that defects will be corrected. 

Accolade accepts no responsibility or liability in relation to such matters. 

To the extent permitted by applicable law, in no event will Accolade be liable
for the published content of any third party which is available on the Service
or any direct, special, indirect, consequential, incidental damages or any other
damages of any kind, including damages caused by gross negligence or willful
misconduct arising out of your use of the Service.   


SERVICE-SPECIFIC TERMS

Usage of 2nd.MD Service  

No Practice of Medicine by 2ndMD 

2nd.MD does not provide medical advice or care. The 2nd.MD Services provide
users with online access to Specialists who may provide health education to
Members who have chosen to participate in this Service. 2nd.MD DOES NOT PROVIDE
MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTION OF ANY KIND. ALL INFORMATION
PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY
2nd.MD, INCLUDING, WITHOUT LIMITATION, REAL-TIME VIDEO OR EMAIL COMMUNICATIONS
BETWEEN PROFESSIONALS UTILIZING THE SITE AND CONSUMERS IS INTENDED TO BE FOR
GENERAL INFORMATIONAL AND HEALTH EDUCATION PURPOSES ONLY, AND IS IN NO WAY
INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND
FEDERAL LAW. 2nd.MD IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR
TREATMENT. RELIANCE ON ANY INFORMATION PROVIDED BY 2nd.MD OR ANY PROFESSIONALS
THAT UTILIZE 2nd.MD AT THE INVITATION OF 2nd.MD IS SOLELY AT YOUR OWN RISK.  

All information provided by 2nd.MD is intended to be for general informational
purposes only, and is in no way intended to create a provider-patient
relationship as defined by state or federal law. 

Independence of Specialists and Professionals 

The specialists and professionals utilizing or featured on the 2nd.MD Service
are subscribers and licensees to the 2nd.MD Service and not employees. Any
health education, opinions, advice, or information expressed by a professional
or specialist utilizing or featured on the Service are of the professional and
the professional alone. They do not reflect the opinions of 2nd.MD. 2nd.MD does
not recommend or endorse any specific tests, physicians, products, procedures,
opinions, or other information that may be mentioned on 2nd.MD or by a licensee
of 2nd.MD.  

SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND 2nd.MD DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.  2nd.MD SHALL
IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN
BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON
INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON THE SERVICE. The use of the
Service by any entity or individual to verify the credentials of professionals
or specialists is prohibited.  

All opinions and statements expressed by a specialist or professional on this
2nd.MD Service and during any session facilitated through this 2nd.MD Service
are solely the individual and independent opinions and statements of the
specialist or professional and do not reflect the opinions of 2nd.MD, its
affiliates or any other organizations or institutions to which such Specialist
or Professional is affiliated or provides services.  

Availability of Service 

2nd.MD operates subject to state and federal regulations, where applicable, and
the 2nd.MD Service may not be available in your state, territory, and country.
You represent that you are not a person barred from accessing the 2nd.MD Service
under the laws of the United States, the European Union, or other applicable
jurisdictions in which you may be located. Accessing the Service from
jurisdictions where content is illegal, or where 2nd.MD does not offer services,
is prohibited.  

Your access to the 2nd.MD Service is provided on a temporary basis with no
guarantee for future availability. You agree that we may immediately suspend or
terminate your access to the Service or any part thereof. Cause for such
measures include, without limitation: (1) breach or violation of these Terms of
Use or other incorporated agreements or guidelines; (2) discontinuance or
material modification to the Service; (3) unexpected technical or security
issues or problems; (4) extended periods of inactivity; or (5) your engagement
in fraudulent or illegal activities. You further agree that such measures may be
taken in our sole discretion and without liability to you or any third party. 

We use commercially reasonable efforts to maintain the 2nd.MD Service, but we
are not responsible for any defects or failures associated with the 2nd.MD
Service, any part thereof, any Feedback you provide, or any damages (such as
lost profits or any other consequential or indirect damages) that may result
from any such defects or failures. The Service may be inaccessible or inoperable
for any reason, including, without limitation: (1) equipment malfunctions; (2)
periodic maintenance procedures or repairs which we may undertake from time to
time; or (3) causes beyond our reasonable control or which we could not
reasonably foresee. You understand that the 2nd.MD Service is provided over the
Internet, so the quality and availability of the 2nd.MD Service may be affected
by factors outside of our control. The 2nd.MD Service is not intended to be
available 100% of the time and we do not make any representations, warranties,
or guarantees regarding the reliability or availability of the 2nd.MD Service.
We do not represent, warrant, or guarantee that the Service will always be
completely free of human or technological errors. We will not be liable to you
or any third party for damages or losses related to the 2nd.MD Service being
unavailable. 

Your contract with your mobile network provider (“Mobile Provider”) will
continue to apply when accessing or using the Service on your mobile, handheld
device (“Mobile Device”). You understand that your Mobile Provider may charge
you fees for your use of its network connection services while accessing or
using the Service, for data downloading, e-mail, text messages, for roaming, and
other Mobile Provider or third -party charges. YOU ACCEPT RESPONSIBILITY FOR ALL
MOBILE PROVIDER FEES. 

 

Usage of PlushCare and/or Accolade Care Service  

Eligibility and Acknowledgement  

Accolade Care is the employer-sponsored model of PlushCare. 

By using the PlushCare and Accolade Care websites located respectively at
 plushcare.com and accoladecare.com (collectively “Care Sites”), which is
operated by PlushCare, Inc. and PlushCare of California, Inc., P.C.
(“PlushCare”) (PlushCare, Inc. and PlushCare of California, Inc., P.C.,
collectively, “Care Companies”), you acknowledge and agree that (a) the
PlushCare and Accolade Care service (“Care Service”) is provided at the sole
discretion of the Providers; (b) the Care Service is limited to diagnosis and
treatment of those non-emergent medical condition appropriate for diagnosis and
treatment using email, telephone and/or telecommunications; (c) consistent with
applicable state and federal law, PlushCare will retain your medical records as
your primary care provider unless you object (by sending an e-mail to
info@plushcare.com or a letter and self-addressed stamped envelope to:
PlushCare, 101 Mission St. Suite 800, San Francisco, CA 94105-1744) and request
PlushCare share your medical records with an alternative primary care provider
(d) when accessing the Care Service you are physically present in the location
you have indicated in your Account settings and you confirm that you are
physically located in a state or jurisdiction in which PlushCare operates when
you request to use the Care Service; (e) the Care Service may not be
reimbursable by Medicare, Medicaid or any other government health care program,
and you agree not to seek coverage for any Care Service that is not reimbursable
by such programs; (f) the Care Service may not be reimbursable by commercial
insurers, managed care organizations, preferred provider organizations or other
payors, but you may separately from PlushCare seek reimbursement from any such
payor for the cost of use of the Care Service (g) you are at least 18 years of
age, or accompanied by a parent or guardian who can give informed consent on
your behalf if you are under the age of 18 at the time of the consultation; and
(h) if you are seeking services on behalf of a child, dependent or other person
for whose medical care you are responsible, your approval of the terms of these
Terms will bind such other person to these Terms. 

Charges on Your Billing Account  

(a) General. PlushCare bills you through an online account (your “Billing
Account”) for use of the PlushCare Service. You agree to pay PlushCare all
charges at the prices then in effect for any use of the PlushCare Service by you
or other persons (including your agents) using your Billing Account, and you
authorize PlushCare to charge your chosen payment provider (your “Payment
Method”) for the PlushCare Service. You agree to make payment using that
selected Payment Method. PlushCare reserves the right to correct any errors or
mistakes that it makes even if it has already requested or received payment. You
are responsible for all applicable fees and charged incurred, including
applicable taxes and all subscriptions purchased by you. 

(b) Current Information Required. You must provide current, complete and
accurate information for your Billing Account. You must promptly update all
information to keep your Billing Account current, complete and accurate (such as
a change in billing address, credit card number, or credit card expiration
date), and you must promptly notify PlushCare if your payment method is canceled
(e.g., for loss or theft) or if you become aware of a potential breach of
security, such as the unauthorized disclosure of your user name or password. 

(c) Payment Method. The terms of your payment will be based on your Payment
Method and may be determined by agreements between you and the financial
institution, credit card issuer or other provider of your chosen Payment Method
(the “Payment Method Provider”). If PlushCare does not receive payment from your
Payment Method Provider, you agree to pay all amounts due on your Billing
Account upon demand. 

(d) Authorization to Auto-Charge Payment Method on File. By providing your
credit card or charge account information, you authorize PlushCare to
automatically charge your chosen Payment Method for unpaid payments or
outstanding balances. PlushCare will never charge your Payment Method without
informing you first, and will provide at least two notices (via e-mail and/or
SMS messages) of your unpaid payment(s) or outstanding balance(s) to the chosen
contact method registered to your Billing Account, prior to automatically
charging your Payment Method. 

(e) As a Blue Shield of California enrollee, you must be notified that all
services received through a third-party corporate telehealth provider are
available at in-network cost-sharing and out-of-pocket costs so that it shall
accrue to any applicable deductible or out-of-pocket maximum. 

Modifications to Service  

PlushCare reserves the right at any time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice. You
agree that PlushCare shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service. 

Service Use Termination  

You may terminate your use of the PlushCare Services at any time. If you wish to
terminate your membership, you can do so by contacting us via email at
info@plushcare.com. If you terminate your membership, your membership will
remain active until the end of your then-current membership period. We may
terminate your use of the PlushCare Services at any time by sending notice to
you at the email address you provided or otherwise contacting you or posting a
notice on the PlushCare Services. If we terminate your use of the PlushCare
Services because you have breached these Terms or any other agreement you have
entered into with us, you will not be entitled to any refund of the paid
Membership Fee. We are not required to provide you with notice prior to
terminating your use of the PlushCare Services or a reason for such termination.
If we terminate your access to the PlushCare Services other than due to your
breach of these Terms or any other agreement you have entered into with us, you
will be entitled to a pro rata refund of the Membership Fee that you paid for
the remainder of your membership period. 

Prescription Delivery Options 

PlushCare Providers write prescriptions in accordance with their professional
judgment and federal and state law. Prescriptions may be written only for the
limited medical conditions we treat. You will not be able to obtain a
prescription product unless you have completed a consultation with a PlushCare
Provider. There is no guarantee that a Provider will write you a prescription.
We do not write prescriptions for DEA controlled substances.  

If a Provider determines a prescription is appropriate for you and writes a
prescription, you may fill the prescription at any pharmacy of your choice.
Certain prescriptions can be filled through a mail-order pharmacy. Other
prescriptions are not available through a mail-order pharmacy and must be filled
by a local pharmacy of your choice. You will be prompted to state your choice of
pharmacy during your use of the PlushCare Service. 

If you complete a consultation with a Provider and fill a prescription through a
mail-order pharmacy, the prescription product will be shipped to you by the
applicable pharmacy. Mail-order pharmacies are third-parties, independent of
PlushCare.  

The costs associated with a prescription written in connection with a
teletherapy service may be included in the Membership Fee described below. For
all other prescriptions, you or your health insurance are responsible for the
cost of the prescription product. If you fill a prescription with a pharmacy
other than a mail-order pharmacy, PlushCare will send the prescription to your
selected pharmacy, but you will be responsible for picking up or otherwise
obtaining the prescription product and paying the pharmacy directly for the cost
of the prescription product. 

Membership Fee  

PlushCare charges a membership fee (the “Membership Fee”) for access to certain
features of the PlushCare Services. The Membership Fee may be modified by notice
in accordance with these Terms. Certain members may have access to the PlushCare
Services through their employers, professional affiliations, or other
organizations, and as a result, the Membership Fee will not apply to such
members. In the event that you are no longer eligible for such coverage from an
employer, professional affiliations or other organizations (e.g., the employer
no longer offers such benefit or you are no longer employed by the employer),
then you will have the option to (i) continue use of the PlushCare Services and
assume payment of the applicable Membership Fees, or (ii) terminate your use of
the PlushCare Services. If you do not have insurance coverage for the Services,
or if payment or coverage is denied by your health plan or employer, and you
have used the Services, you acknowledge and agree that you will be personally
responsible for all fees or charges. PlushCare offers no guarantee that your
health plan or employer provider will be responsible for such fees or charges. 

The Membership Fee covers costs associated with personal services and tools that
enhance your healthcare experience, but are typically not covered by insurance.
Membership services include higher-touch personal services such as insurance and
billing navigation, advice on provider selection, specialist booking and
referral management, digital tools for easy access to PlushCare services and
doctors, as well as lifestyle and wellness offerings. PAYMENT OF THE MEMBERSHIP
FEE TO PLUSHCARE IS NOT A REQUIREMENT TO RECEIVE MEDICAL SERVICES AT PLUSHCARE.
There are options for accessing Medical Services with PlushCare without payment
of this fee, such as cancelling before the free 30 day trial period is over. To
learn more about the Membership Fee contact us at info@plushcare.com. 

If you are receiving and utilizing the Accolade Care Services through your
employer, then you may be subject to certain limitations for your use of the
Accolade Care Services.  Your employer may only cover a limited number of visits
with Accolade Care providers (eg. 12 primary care or other medical consultation
visits and 12 mental health consultation visits) during the calendar year. 
These visits are covered by your employer.  Any visits that you use beyond the
allotted visits, as allowed by your employer, will be subject to additional fees
depending on your health plan coverage, deductible and copay amounts.  See your
employer sponsored plan and/or health plan to determine the applicable fees to
which you may be subject.  If you elect to continue to use the Services after
you have reached the limits paid by your employer, then you agree to the pricing
and payment terms as set forth in your account or made available to you
online.   

The Membership Fee is not a covered benefit under health insurance plans or
other healthcare benefit plans such as the Health Saving Account or Flexible
Spending Account. As a result, you acknowledge that you may not be able to
submit the Membership Fee for coverage under your insurance or benefit plan, and
as such, you will be responsible for the cost of such Membership Fee. 

For our paid members, PlushCare will charge your Membership Fee to your
designated billing account. You may select either a monthly or an annual
Membership Fee. For the purpose of our monthly and annual subscriptions, a month
constitutes 30 calendar days and a year constitutes 365 calendar days. 

Our “Monthly” subscription is paid in monthly installments. For each month that
your monthly subscription is active, you acknowledge and agree that PlushCare is
authorized to charge the same Payment Method described in section 4 above. The
monthly renewal Membership Fee will continue to be billed to the Payment Method
you provided until cancelled. You must cancel your subscription before it renews
in order to avoid billing of the next month’s Membership Fee to the Payment
Method you provided. Refunds cannot be claimed for any partial month
subscription period. 

Our “Annual” subscription is paid for by an upfront payment with automatic
annual renewals. You acknowledge and agree that PlushCare is authorized to
charge the Payment Method used for (i) the initial annual Membership Fee at the
rate secured at the time of purchase, and (ii) the renewal Membership Fee (s).
You must cancel your subscription before it renews in order to avoid billing of
the renewal Membership Fee to the Payment Method you provided. Refunds cannot be
claimed for any partial subscription period. 

YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING US AT
INFO@PLUSHCARE.COM. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR SUBSCRIPTION TERM HAS
NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR
THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR
THEN-CURRENT TERM EXPIRES.  IF YOU CHANGE FROM A MONTHLY SUBSCRIPTION TO AN
ANNUAL SUBSCRIPTION DURING THE BILLING CYCLE, YOU WILL RECEIVE A PRORATED REFUND
FOR THE REMAINDER OF THE PREPAID MONTH, AS APPLICABLE.  

If the amount to be charged to you varies from the amount you preauthorized
(other than due to the imposition or change in the amount of state sales taxes),
for example, due to an increase in the Membership Fee, you have the right to
receive, and we will provide, notice of the amount to be charged and the date of
the charge at least 30 days before the scheduled date of the transaction. If you
do not agree with the new amount in the notice, you may cancel the transaction
by contacting us at info@plushcare.com. 

Disclaimers Regarding the Service  

YOU AGREE THAT YOUR USE OF THE PLUSHCARE SERVICE IS AT YOUR OWN RISK. YOU
ACKNOWLEDGE THAT THE SITE IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN
CASE OF AN URGENT HEALTHCARE NEED, AND AGREE THAT YOU WILL SEEK CARE ELSEWHERE
IN THE EVENT OF A MEDICAL EMERGENCY OR URGENT HEALTHCARE NEED. The PlushCare
Service is not a replacement for your primary care physician or annual office
check-ups. The PlushCare Service is not an online pharmacy, and Providers do not
prescribe drugs listed as controlled substances by the U.S. Drug Enforcement
Agency. You agree that any prescription obtained through the PlushCare Service
from a Provider will be used only for its intended use. PlushCare does not
guarantee that a specific medication will be prescribed if requested. 

Arbitration of Disputes for PlushCare Members  

(a) It is understood that any dispute as to medical malpractice, that is as to
whether any medical services rendered under this Agreement were unnecessary or
unauthorized or were improperly, negligently, or incompetently rendered, will be
determined by submission to arbitration as provided by California law, and not
by a lawsuit or resort to court process except as California law provides for
judicial review of arbitration proceedings. Both parties to this contract, by
entering into it, are giving up their constitutional right to have such dispute
decided in a court of law before a jury, and instead are accepting the use of
arbitration. 

(b) You understand and agree that this agreement to arbitrate binds you and
anyone else who may have a claim arising out of or related to all treatment or
services provided by PlushCare or physicians employed or engaged by PlushCare,
including a spouse or heirs and any children, whether born or unborn at the time
of the occurrence giving rise to any claim. This includes, but is not limited
to, all claims for monetary damages exceeding the jurisdictional limit of the
small claims court, including, without limitation, suits for loss of consortium,
wrongful death, emotional distress or punitive damages. You further understand
and agree that if you sign this Agreement on behalf of some other person for
whom you have responsibility, then, in addition to myself, such person(s) will
also be bound by this agreement to arbitrate, along with anyone else who may
have a claim arising out of the treatment or services rendered to that person.
You also understand and agree that this agreement to arbitrate relates to claims
against PlushCare or physicians employed or engaged by PlushCare and any
consenting substitute physician, as well as the physicians’ partners,
associates, association, corporation or partnership, and the employees, agents,
and estates of any of them. You also hereby consent to the intervention or
joinder in the arbitration proceeding of all parties relevant to a full and
complete settlement of any dispute arbitrated under this Agreement, as set forth
in the Medical Arbitration Rules of the California Medical Associations and the
California Hospital Associations (the “Rules”). 

(c) You agree that the arbitrators have the same immunity from civil liability
as that of a judicial officer when acting in the capacity of arbitrator under
this agreement to arbitrate. This immunity shall supplement, not supplant, any
other applicable statutory or common law. 

(d) YOU UNDERSTAND THAT YOU DO NOT HAVE TO SIGN THIS AGREEMENT TO ARBITRATE IN
ORDER TO RECEIVE THE SERVICES OF PLUSHCARE OR ITS EMPLOYED OR ENGAGED
PHYSICIANS, AND THAT IF YOU DO SIGN THIS AGREEMENT TO ARBITRATE AND CHANGE YOUR
MIND WITHIN 30 DAYS OF TODAY, THEN YOU MAY CANCEL THIS AGREEMENT ARBITRATE BY
GIVING WRITTEN NOTICE TO PLUSHCARE WITHIN 30 DAYS OF THE DATE OF YOUR SIGNATURE
BELOW STATING THAT YOU WANT TO WITHDRAW FROM THE ARBITRATION PROVISIONS OF THIS
AGREEMENT. SHOULD YOU CHOOSE TO WITHDRAW FROM THE ARBITRATION PROVISIONS OF THIS
AGREEMENT, ALL OTHER PROVISIONS OF THIS AGREEMENT WILL REMAIN IN FULL FORCE AND
EFFECT. 

(e) On behalf of yourself and all others bound by this agreement to arbitrate as
set forth in Paragraph 18(b), agreement is hereby given to be bound by the
Medical Arbitration Rules of the California Medical Associations and the
California Hospital Associations, as they may be amended from time to time,
which Rules are hereby incorporated into this Agreement. 

SMS Text Messaging  

By creating an Account, you agree that the Services may send you informational
text (SMS) messages as part of the normal business operation of your use of the
Services. You may opt-out of receiving text (SMS) messages from PlushCare at any
time by texting the word STOP to from the mobile device receiving the messages.
You acknowledge that opting out of receiving text (SMS) messages may impact your
use of the Services. 


LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT ACCOLADE LIMITS ITS LIABILITY IN CONNECTION WITH
YOUR USE OF THE SERVICE AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. IF YOU ARE DISSATISFIED WITH THE
SERVICE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
ACCESSING AND USING THE SERVICE AND THE CONTENT. 

NOTWITHSTANDING THE ABOVE LIMITATION OF LIABILITY, AND TO THE MAXIMUM EXTENT
PERMITTED BY LAW, YOU AGREE THAT THE MAXIMUM AMOUNT OF ACCOLADE’S LIABILITY, IF
ANY, RELATED TO YOUR USE OF THIS SERVICE SHALL BE CAPPED AT ONE-HUNDRED UNITED
STATES DOLLARS ($100.00).  


LOCAL LAWS AND REGULATIONS

Accolade services are generally available only within the United States and this
Service is not directed at persons who may access the Service via the Internet
from locations outside the United States. 

Accolade does not represent that any of the materials, opinions or other content
on the Service are appropriate for use or permitted by local laws in all
jurisdictions. Those who access the Service do so on their own initiative, and
are responsible for compliance with applicable local laws or regulations; legal
advice should be sought in cases of doubt. If you are prohibited from accessing
websites, such as the Service, from your location, you should not access the
Service, and Accolade take no responsibility for such prohibited access. 


INTELLECTUAL PROPERTY

All right, title and interest in the Service is the exclusive property of
Accolade except as otherwise stated. 

You may not copy, reproduce, recompile, decompile, disassemble, reverse
engineer, distribute, publish, display, perform, modify, and upload to create
derivative works from, create derivative works from, transmit, or in any way
exploit any part of the Service. 

All trademarks, service marks, trade names, brand features and logos displayed
on this Service are proprietary to Accolade, except as explicitly noted. Nothing
contained on this Service should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any trademark displayed on
this Service without the written permission of Accolade or such other third
party that may own the trademark displayed on this Service. Your use of the
trademarks displayed on this Service, except as provided in these Terms of Use,
is strictly prohibited. 

Any unauthorized use of the trademarks, service marks, trade names, brand
features and logos displayed on this Service may violate copyright, trademark or
other intellectual property laws, and the laws of privacy and publicity and
communications. If you download any information from this Service, you agree
that you will not copy it or remove or obscure any copyright or other notices or
legends contained in any such information. 

Additionally, you may not offer any part of the contents of the Service for sale
or distribute such part over any medium, including, but not limited to,
distribution by television or radio broadcast, or distribution on a computer
network. You may not make any part of the Service available as part of another
website, whether by scraping, robotic or web-bot access, hyperlink framing on
the Internet or otherwise. The Service and the information, commentary and
materials contained therein may not be used to construct a database of any kind.
You shall not store the Service (in its entirety or in any part) in databases
for access by you or any third party or distribute any database sites containing
all or part of the Service. 

Subject to your strict compliance with these Terms of Use, Accolade grants you a
limited, personal, non-exclusive, non-commercial, revocable, non-assignable and
non-transferable license to access, download, view, use the content and
information on the Service. You must retain all copyright, trademark and other
proprietary notices contained on the Service. You have no other rights or
interests, and you will not permit any improper or unauthorized third-party use
or access. 

If you believe that any content on the Service contains content that violates
your rights or has been copied in a way that constitutes a copyright
infringement, please let Accolade know immediately at the address listed below. 


PROHIBITED USES

You are prohibited from: 

 * using this Service in any manner that could damage or overburden any Accolade
   server, or any network connected to any Accolade server, as all servers have
   limited capacity and are used by many people; 

 * using this Service in any manner that would interfere with another party’s
   use of the Service; 

 * including the term ACCOLADE®, ACCOLADE CARE ADVOCATE, or any Accolade
   trademark or executive’s name or any variation of the foregoing, as a
   meta-tag, hidden textual element; 

 * using any robot, spider, intelligent agent, other automatic device or manual
   process to search, monitor or copy this Service or the reports, data,
   information, content, software, products, services or other materials on,
   generated by or obtained from the Service, whether through links or otherwise
   (collectively “Devices”) without Accolade’s permission, provided that
   generally available third party web browsers may be used without such
   permission; 

 * using this Service or the Devices in any manner that could create an
   impression of affiliation, sponsorship or endorsement by Accolade or any of
   its customers; 

 * using the Service for any unlawful, illegal or prohibited purpose; 

 * using the Service to damage or attempt to do harm to others; or 

 * uploading or posting statements or information that would be reasonably
   understood to be offensive, obscene, constitute pornography, illegal content,
   or any of the like. 

If you do any harm by your wrongful actions in using the Service, you agree to
pay Accolade or any other party associated with Accolade for any losses, damages
or costs, resulting from your failure to comply with these Terms of Use. 


LINKS TO AND FROM THE SERVICE

Third party sites or pages that are linked to the Service are for information
purposes only and may not have been reviewed or verified by Accolade. Accolade
has no responsibility for the content of the third party sites or pages linked
to or from the Service and no affiliation, sponsorship, approval, verification,
investigation, monitoring or endorsement of any such sites or pages or of their
content is implied. Following links to or from any other sites or pages shall be
at your own risk and Accolade accepts no responsibility or liability, to the
extent permitted by any law, for any losses or penalties whatsoever that may be
incurred as a result of any linking to any location on any linked sites or
pages. 


SMS TEXT MESSAGING

The Accolade service enables communication by means of SMS text messages to and
from your mobile device, if you elect to receive SMS messages. 

You may text TNC to 67793 to receive a link to download the mobile app or ask
your Accolade Care Advocate to have a link sent to you via SMS. To stop the SMS
text service at any time, text STOP to 67793. To receive help information, text
HELP to 67793 or reply HELP to any message or
email: member.support@accolade.com. 

Carriers are not liable for delayed or undelivered messages. 

Consent to receive SMS text messages is not required as a condition of
registering for or using the Accolade service. Texts may be sent using an
automatic telephone dialing system. Message and data rates may apply. You will
receive one message per request. If you have any questions about your text plan
or data plan, it is best to contact your wireless provider. 


WEB BROWSER

The following web browsers are recommended for viewing the Service: Google
Chrome, Microsoft Internet Explorer 8.0, or higher. 


GENERAL

If any provision of these Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
give effect to the parties’ intentions as reflected in the provision and the
other provisions of the Terms of Use shall remain in full force and effect. 


CONTACT US

If you have any questions, comments or concerns about the Service or these Terms
of Use, please contact us as follows: 

For information on how to purchase Accolade services: 

EMAIL:  Inquiries@accolade.com 

SALES REQUEST FORM:  https://www.accolade.com/contact 



PRIVACY CONCERNS: 

EMAIL: Privacy@accolade.com 

MAIL: Accolade, Inc., 660 West Germantown Pike, Suite 500 Plymouth Meeting, PA
19462 

 

SECURITY CONCERNS: 

EMAIL: Security@accolade.com 

MAIL:  Accolade, Inc.,  660 West Germantown Pike, Suite 500  Plymouth Meeting,
PA 19462 

 

General Website Questions: 

EMAIL: Info@accolade.com 

 

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