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.
