Terms of Use

Last revised June, 2025

These terms and conditions of use (“Terms of Use”) govern your use of getplume.co and any other website, mobile application, or online service operated or made available by Plume Health, Inc. (collectively, the “Site”) including any content, functionality, services, and products offered on or through the Site (such content, functionality, services, and products, collectively with the Site, the “Services”).

Please read these Terms of Use carefully before using the Services. As a part of offering the Services, Plume Health, Inc. contracts with Plume Health, P.C., Plume Health of California, P.C., and Plume Health of New Jersey, P.A., and other Plume Health-affiliated medical practices (collectively, “Medical Groups”) to assist them in the provision of online telehealth medical consultations and secure messaging between Medical Group physicians and other healthcare professionals (individually, a “Provider” and collectively, the “Providers”) and their patients. Accordingly, our Services include the professional medical services provided to you by the Medical Groups through their contractual relationship with us (“Medical Services”), and your access and use of such Medical Services are subject to these Terms of Use.

Throughout these Terms of Use, “Plume”, “we”, “us”, and “our” means and refers to Plume Health, Inc. and its current and future formed subsidiaries and affiliates, including the Medical Groups. “You” and “your” means and refers to you, your dependents if any, and any other person using the Site or the Services. As part of our Services, we facilitate access to prescription fulfillment services (“Pharmacy Services”) offered by a mail order pharmacy provider (the “Pharmacy”).

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Services. If you do not understand these Terms of Use or do not agree to these Terms of Use, you are not authorized to access or use this Site or the Services; promptly exit this Site.

Binding Arbitration Notice: These Terms of Use provide that all disputes between you and Plume that in any way relate to these Terms of Use or your use of the Services will be resolved by INDIVIDUAL, BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Plume and how you can opt out of arbitration.

Not for Emergencies

The Services are not appropriate for emergency care or urgent situations, including mental health crises. IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS OR ARE THINKING OF HARMING YOURSELF OR OTHERS, DIAL 9-8-8 FOR THE NATIONAL SUICIDE AND CRISIS HOTLINE OR DIAL 9-1-1 FOR EMERGENCY SERVICES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR ARE OTHERWISE IN IMMEDIATE DANGER, DIAL 9-1-1 OR GO TO THE NEAREST EMERGENCY ROOM.  Do not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.

Privacy Practices

By agreeing to these Terms of Use and using the Services, you agree that information provided by you in connection with the Site and Services shall be governed by the Plume Privacy Policy, which is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the receipt of Medical Services shall be handled in accordance with Medical Group Notice of Privacy Practices, which is hereby incorporated and made a part of this Agreement.

Medical Services Provided – No Medical Care or Advice by Plume Health

As an important note, there is no single provider of medical care called “Plume”. Rather, the Services includes an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates comƒmunication between patients and Providers. Our Services also provide access to prescription fulfillment services offered by third-party pharmacies (“Pharmacies”) and clinical laboratory services from third-party laboratories (“Labs”). All of the Providers, Medical Groups, Pharmacies, and Labs are independent of Plume Health and may use the Services as a way to communicate with you.

Plume does not provide medical advice or care. We do not control or interfere with the practice of medicine by the Medical Groups or any Providers, each of whom is solely responsible for directing the medical care and treatment they provide. The Providers, not Plume, are responsible for the quality and appropriateness of the care they render to you. Neither Plume nor any third party who promotes the Services or provides you with a link to the Services shall be liable for any professional advice you obtain from a Provider via the services, nor for any information obtained on the Services. By accepting these Terms of Use, you acknowledge and agree that Plume is not a healthcare provider and that by using the Services, you are not entering into a doctor-patient or any other healthcare provider-patient relationship with us. By using the Services, you may be entering into a doctor-patient or other healthcare provider-patient relationship with one or more Medical Groups and/or one or more Providers. Your interactions with the Providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Plume does not endorse any specific providers, treatments, tests, medications, medical groups, laboratories, pharmacies, products, or procedures. You acknowledge that your reliance on any Providers, Medical Groups, Labs, Pharmacies, or information delivered by any of the foregoing via the Site is solely at your own risk and you assume full responsibility for all risks associated therewith.

Plume does not make any representations or warranties about the training or skill of any Providers. You will be provided with available Providers based solely on the information you submit to the Site. The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Plume. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Plume, or in connection with any communications supported by Plume, is intended to be for general information purposes only.

The Medical Services you receive may vary depending on the Provider you interact with. Please contact your Provider or Medical Group directly for any questions regarding your care or medical treatment.

Risks of Telehealth Services

Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth offers many benefits, such as convenience, increased access to care, and flexibility in managing health needs, there are also risks and situations where in-person care is essential to ensure favorable health outcomes. Telehealth services are not a substitute for in-person health care in all cases.

In order to obtain the Medical Services from the Medical Group, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you via the Services. You agree that Plume is a third-party beneficiary of the Patient Consent and has the right to enforce it against you. For further details, please refer to the Patient Consent.

Prescription Policy

Certain products available through the Services require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Services, the Provider has determined the prescription product is appropriate for you and the Provider has written a valid prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for filling the prescription. Some prescriptions may be filled through a Pharmacy by using the Site, or you may fill the prescription at any pharmacy of your choice. Prescriptions fulfilled by a Pharmacy may not use child-resistant packaging and prescription products may not be dispensed in child-resistant containers.

If you complete a consultation with a Provider and fill a prescription through a Pharmacy, the prescription product will be shipped to you by the Pharmacy. The cost of your prescribed medication is not included in your Plume subscription fee and the additional costs for these medications will be billed separately from your monthly subscription fee. Plume makes no representations whatsoever that the fees for medications are or are not covered by your health insurance or other third-party payment plans or whether the pharmacy you choose accepts your health insurance plan. Refer to the Online Payments section below for more information regarding the processing of payments for Pharmacy products. 

Neither Plume nor Plume Health Medical endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, the Provider will limit supply based upon state regulations and will only prescribe a medication as determined clinically appropriate in the Provider’s own discretion and professional judgment. There is no guarantee a prescription will be written. Providers reserve the right to deny care for actual or potential misuse of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Plume and the Medical Groups fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct the Medical Group or your Provider to transmit that prescription to the pharmacy of your choice.

Not an Insurance Product

Neither Plume nor Medical Groups are insurers. The Services are not insurance products, and the amounts you pay to Plume are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

Availability of Services

Plume and the Medical Groups operate subject to state and federal regulations, and may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Services is limited exclusively to users who are 18 years of age or older and that are located in States within the United States where the Services are available. The Site and Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Site or Services, is prohibited.

Ordering and Purchasing of Services or Products

Order Acceptance and Shipment

Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us. Once a properly completed order and authorization of your form of payment is received, we will process your order. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered via the Services.

Plume makes no representations or guarantees relating to any products or services purchased through the Services or any Medical Group, Lab, or Pharmacy, including any warranties related to correctness, completeness, or timeliness of delivery. Please direct any questions relating to medications to the Pharmacy or your Provider. Please review the Pharmacy’s term of use (available at https://www.empowerpharmacy.com/terms-and-conditions) for more information about the offered products, including the Pharmacy’s return policy. Please direct any questions regarding labs to the Lab or your Provider.

Plume may from time to time also offer information on and special promotions for third-party products and services. This does not mean that we endorse or accept any responsibility for the content, or the use, of the third-party products or services. If you decide to purchase or use any product or service, you do this entirely at your own risk.

Typographical Errors and Incorrect Pricing

In the event any product or service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit, debit card or bank account charged. If your credit, debit card or bank account has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit, debit card or bank account in the amount of the charge.

Plume Membership

Certain Services available for purchase require that you purchase the product on a subscription basis (“Plume Membership”), which means that your payment device will be automatically charged at regular intervals (as described in more detail during the checkout process) until you cancel your subscription in accordance with these Terms of Use. Subscription fees are not a covered benefit under most health insurance plans. As a result, you acknowledge that you may not be able to submit such subscription fees for coverage under your insurance, and as such, you will be responsible for the cost of such subscription fee. 

Plume Membership subscription fees support the platforms and technologies essential for delivering the Services. We offer a variety of Plume Memberships at varying price levels. Depending on which Plume Membership you elect to purchase, your Plume Membership may include access to personal gender transition and wellness services, communication services, a community portal, and access to Medical Services. 

If you elect to purchase one of the Plume Memberships described below, unless you cancel your Membership prior to the applicable renewal date, your Membership will automatically renew either (a) monthly, on the date that is one month from the day that you elected to subscribe (“Monthly Renewal Date”), (b) monthly, on the date that is one month after the day of your initial consultation medical appointment (“First Appointment Renewal Date”), or (c) annually, on the date that is one year from the day that you elected to subscribe (“Annual Renewal Date”). To determine which renewal date applies to your Plume Membership, see the Membership Options section below. Prior to your Plume Membership renewal date, you will be sent an email reminder that includes your subscription fee amount. If you have previously provided a credit, debit card or bank account, including those associated with a Health Savings Account or Flexible Spending Account, where applicable, you authorize Plume to automatically charge your Selected Payment Method on your applicable renewal date. Should your account be unable to be charged, we will notify you of the charges due so you can provide updated payment information.

In the event the initial payment attempt fails, we reserve the right to automatically retry to collect the outstanding payment up to four (4) times within seven (7) days following the initial payment attempt failure. These retries aim to provide a grace period for resolving any issues with your payment method, ensuring continuous access to our Site and Services without interruption. If we are unable to collect payment within thirty (30) days of your applicable renewal date, we reserve the right to automatically cancel your Plume Membership and, in such cases, will no longer provide you with the Services.

Membership Options

Plume offers multiple types of Membership subscriptions at different price points, with different options offered in each Membership. Plume Membership options include: 

  1. Self-Pay Membership – NY, NJ, RI: Plume’s Self-Pay Membership available to residents of New York, New Jersey, and Rhode Island includes (a) access to Community and Wellness features including but not limited to support groups, events, social opportunities, and resources, and (b) up to five (5) clinician visits per month, plus clinically appropriate follow-up care and prescriptions, but does not include the cost of any laboratory services. Clinical appropriateness is determined in the sole discretion of a Provider. If you purchase a Self-Pay Membership, neither the Medical Groups nor Providers will bill or accept health insurance to cover any part of the Services. A Self-Pay Membership is available to residents of NY, NJ, and RI via a monthly membership subscription. Monthly Self-Pay Memberships for residents of NY, NJ, and RI cost $90 per month, first charged on the date you subscribe, and auto-renew monthly on the First Appointment Renewal Date. Annual Self-Pay Memberships cost $749 per year, first charged on the date you subscribe, and auto-renew annually on the First Appointment Renewal Date.
  2. Self-Pay Membership – States except NY, NJ, RI: Plume’s Self-Pay Membership available to residents of all U.S. states in which Plume offers the Services, with the exception of New York, New Jersey, and Rhode Island. To see the states in which Plume offers the Services, refer to our service availability map. The Self-Pay Membership includes (a) access to Community and Wellness features including but not limited to support groups, events, social opportunities, and resources, (b) up to five (5) clinician visits per month, plus clinically appropriate follow-up care and prescriptions, and (c) cost, ordering, and analysis of clinically appropriate laboratory services. Clinical appropriateness is determined in the sole discretion of a Provider. If you purchase a Self-Pay Membership, neither the Medical Groups nor Providers will bill or accept health insurance to cover any part of the Services. Self-Pay Memberships are available via two payment options: Annual or Monthly. Annual Self-Pay Memberships cost $749 per year, charged on the date you subscribe, and auto-renew annually on the Annual Renewal Date. Monthly Self-Pay Memberships cost $99 per month, first charged on the date you subscribe, and auto-renew monthly on the First Appointment Renewal Date.
  3. Insured Membership: Plume’s Insured Membership includes (a) access to Community and Wellness features including but not limited to support groups, events, social opportunities, and resources, and (b) access to Medical Services. Medical Services, including but not limited to Provider visits, prescriptions, and labs, are not included in the Insured Membership. Insured Memberships are available for $32 per month, first charged on the date you subscribe, and auto-renew on the First Appointment Renewal Date. Eligibility for an Insured Membership depends on your health insurance policy and whether the Medical Group and Providers are credentialed and “in network” with your insurance plan. Your eligibility for Insured Membership may change over time, based on the terms and contracts in place with your health insurance company. If your Medical Group and Provider accepts your insurance plan, such Medical Group and Provider accepts payment from your plan as payment in full for professional services provided, subject to applicable deductibles, co-payments, and co-insurance. If you purchase an Insured Membership, the Medical Group and its Providers will separately bill you and/or your health insurance plan, as applicable, for the Medical Services rendered to you. If you are enrolled in an Insured Membership but the Medical Group is unable to accept your insurance at the time of your Medical Services for any reason, you may be charged the full price of Medical Services provided, in addition to your Plume Membership fee. 
  4. Community Membership: Plume’s Community Membership includes access to Community and Wellness features including but not limited to support groups, events, social opportunities, and resources. A Community Membership does not grant you access to any Medical Services. Community Memberships are available for $5 per month, charged on the date you subscribe, and auto-renew on the Monthly Renewal Date.

All Plume Memberships auto-renew until you cancel such membership in accordance with these Terms of Use. For more details regarding the Services included with your Plume Membership, go to: https://getplume.info/PlumeBillingPortal

How to Cancel Your Membership

You may cancel your Plume membership at any time by doing any one of the following:

  • Log in to your Plume account and navigate to https://getplume.info/PlumeBillingPortal.
  • Call Plume at (833)-798-0736.
  • Email Plume at members@getplume.com stating the following (please copy and paste and fill in the blanks):I would like to cancel my Plume membership effective _____(date). I understand that I will no longer have access to my Plume account or Plume services as of this date. Please use the following information to locate my account:
    Name: ___________Date of Birth: ______
    Email: ____________
  • Mailing a notice to Plume at 303 S. Broadway #200-357 Denver, CO 80209).

Online Payments

All products and Services offered for sale by Plume are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products and Services are subject to change at any time, but changes will not affect any order for products or Services you have already placed. You are responsible for any applicable sales, use, duty, customer, or other governmental taxes, lexis, or fees (“Taxes”) due with respect to your purchase of products or Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in Tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes. 

By subscribing for products and Services, you authorize us (or our third-party payment providers) to charge your selected payment method for all applicable charges to your order, plus applicable Taxes. The total order amount, including Taxes and, if applicable, shipping charges, will be charged to your selected payment method (“Selected Payment Method”) in full at the time the order is placed. All purchases through the Site and Services are final and all charges are nonrefundable except as otherwise set forth in these Terms of Use or as required by applicable law. Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You authorize us to charge your Selected Payment Method for the total amount of your order (including any applicable Taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes, and other applicable charges associated with the products that are included in the shipment. You may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address in connection with any purchase you make through the Services. By submitting such information, you grant Plume, without charge, the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties for the purpose of facilitating the transaction. 

To simplify the user experience on the Site, you are able to pay for your purchases via the Site with Plume serving as payment processing agent on your behalf. We collect the amounts charged by the Pharmacy and Medical Groups on your behalf and pass through to them the payment for their actual charges. Before purchasing medications from a Pharmacy, you will  you receive an itemized invoice listing the actual charges. You agree to promptly review the invoice and pay the applicable charges. No medications will be shipped to you from a Pharmacy until after you have paid the applicable charges in full. If a credit card account is being used for a transaction, Plume may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to your Selected Payment Method. You and Plume agree that your Selected Payment Method may be used automatically by Plume or its payment processors for any of your responsibilities for payment, including but not limited to your Plume Membership subscription fees, deductibles, co-payments, co-insurance, and any other amounts due for purchases of goods or services, including but not limited to costs to purchase medications through a Pharmacy.

You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If Plume is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, Plume may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Plume with your Selected Payment Method, provided the transactions correspond to the terms indicated in these Terms of Use.

Subscription Terms

If you purchase a subscription to our Services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. If you cancel your subscription, your account will automatically close at the end of your current billing period. Plume may change the price for your Plume subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.

Eligibility; Site Access, Security and Restrictions; Passwords

We reserve the right to withdraw or amend this Site, and any Services or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You agree to fully, accurately, and truthfully create your Plume Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Plume ID and credentials. The Plume ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Plume ID or credentials, and for all activities that occur under such Plume ID or credentials. You agree to prohibit anyone else from using your Plume ID or credentials and agree to immediately notify Plume of any actual or suspected unauthorized use of your Plume ID or credentials or other security concerns of which you become aware. Your access to the Services may be revoked by Plume at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Plume may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Electronic Communications

When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically, and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Plume (including by and through our third-party payment processors), Medical Groups, Pharmacies, and Labs may contact you by telephone, mail, or email to verify your Account information. Plume, Medical Groups, Pharmacies, or Labs may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested. Your electronic communications with Plume will be encrypted.

Consent to Receive Calls and Text Messages

By opting in to receive text (SMS) messages and phone calls from Plume and our affiliates, you consent to receive automated, recurring text messages and phone calls related to your Plume account and your prospective or ongoing use of the Services. SMS messages may include order confirmations, shipping notifications, communications from your Provider(s), and other communications relating to the Services, as well as promotional and marketing notifications, provided you have opted in to receive such messages from Plume. Further, you are agreeing to be contacted by or on behalf of Plume using an automatic telephone dialing system or prerecorded message. Message and data rates may apply. By completing SMS enrollment, you represent and warrant that (1) you are the owner or authorized user of the mobile device you used to initiate the SMS enrollment, (2) you have provided express written consent where required, (3) you have the authority to approve any applicable charges associated with the text messages and phone calls sent to and received from Plume, (4) you will be responsible for any messaging and data charges that may apply for messages and phone calls sent to you from Plume, or from Plume to you, and (5) neither Plume, nor your or Plume’s mobile carriers, will be liable for delayed or undelivered messages or calls. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy: https://getplume.co/privacy/.

Plume will use commercially reasonable efforts to adhere to applicable state regulations regarding quiet hours for sending messages. You acknowledge that while Plume is committed to protecting your privacy and the security of your sensitive information, the transmission of information over the internet and mobile networks is not completely secure. Text messages sent to or received from Plume are not encrypted, which means there is a possibility they may be intercepted by third parties. By choosing to send or receive information via text message, you do so at your own risk. By initiating an SMS enrollment, you consent to sending text messages to Plume and receiving text messages from Plume that are not encrypted. 

You acknowledge and understand that your access to Plume’s services is not conditioned upon your consent to receive marketing or promotional text messages or phone calls from Plume. You may opt out of Plume’s SMS services at any time by texting “STOP” to 61939. After you send the message “STOP”, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, send RESTART to 61939. If at any time you need help, just text “HELP” to 61939. After you send the message “HELP” to us, we will respond with instructions on how to contact us. If you have opted in to receive more than one type of text message from Plume, you must opt out of each service individually. Until you have unsubscribed from each type of SMS service, you may continue to receive the text messages from Plume to which you are subscribed. You also understand that certain regulations require that the consent you provide is documented, and you may request a copy of your consent record at any time. Additionally, clear and conspicuous disclosures have been made regarding any potential charges you may incur as a result of receiving text messages. If you want to stop receiving calls at any time, you can do so from the settings in your patient portal, or you can get help directly by calling (833)-798-0736 or emailing help@getplume.co.

Our current communication platform is the Spruce app. You will receive a one-time download code via push message. After that, you will receive push notifications from the Spruce app when you have a new message in the app. You can turn on/off push notifications from within the app settings under “notification preferences”. If you are having trouble with notifications, email help@getplume.co.

Audio and Video Recordings

Plume or your Provider may record (audio and video) all or part of your interaction with us or them (“Recordings”). Such Recordings are used for quality assurance purposes only, to better deliver to you the Products, Site and Services, and to help Plume improve the Site. Plume will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy https://getplume.co/privacy/. We reserve the right to remove you from a group therapy session or other event, and cancel your subscription, if you engage in inappropriate conduct during a group therapy session or event, such as using unlawful, offensive, harassing or inappropriate language, or engage in any other unlawful, offensive, harassing or inappropriate conduct. By signing up for the Services, you agree to comply with Plume’s Patient Code of Conduct and Community Hub Code of Conduct. 

Ownership Of The Site And Related Materials; Additional Restrictions

All pages within this Site and any material made available for download are the property of Plume, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

Subject to these Terms of Use and the payment of all applicable fees, Plume grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by Plume or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Plume. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Plume without express written consent. You may not use any meta tags or any other “hidden text” utilizing Plume’s name or trademarks without the express written consent of Plume. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Plume. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Plume without our express written consent.

The Site and Services may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You will not, directly or indirectly, export, re-export, or release the Site or Services, or make the Site or Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You will comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Platform available outside the U.S.

No Users Under 18 Years Old

In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at help@getplume.co or call us at (833)-798-0736.

Accuracy of Information; Functionality

Although Plume attempts to ensure the integrity and accuracy of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Plume so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Plume shall have no responsibility or liability for information or content posted to the Site from any non-Plume affiliated third party.

Plume and the Medical Groups each reserve complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.

Links to Other Sites

Plume makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Plume site, please understand that it is independent from Plume, and that Plume has no control over the content on that website. In addition, a link to a non-Plume website does not mean that Plume endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

User Information

If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Plume and the Medical Groups that you have the legal right and authorization to provide all User Information to Plume and the Medical Groups for use as set forth herein and required by Plume and the Medical Groups.

You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Plume; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.

You agree to defend, indemnify, and hold harmless Plume, the Medical Groups, and Providers from and against all third-party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of these Terms of Use.

Confidentiality

If you participate in a group therapy session, event or other interaction, please respect the privacy and confidentiality of other users. Anything you learn about another user may not and should not be shared outside of Plume. If you wish to generally describe experiences to others, please do not use the names of any of our other users or the names of family members, friends or other individuals discussed during an online group therapy session, event or other interaction.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Plume respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Plume’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Copyright Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  1. Provide your full legal name and your electronic or physical signature.

Deliver this Copyright Notice, with all items completed, to our Copyright Agent:

Plume Health, Inc.
303 S. Broadway
#200-357
Denver, CO 80209
Telephone: (833)-798-0736
Email: help@getplume.co

Intellectual Property

With the exception of your electronic medical record, Plume and the Medical Groups, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Plume or the Medical Groups (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Plume or the Medical Groups, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Plume or Medical Groups trademarks, service marks, and logos are strictly prohibited without the prior written permission of Plume or the Medical Groups, as applicable. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Plume, the Medical Groups, or the third-party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

Plume may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

Disclaimer of Warranties

PLUME DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. PLUME DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. PLUME DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY PLUME OR THE PHARMACY MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY PLUME OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. PLUME DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE OR FROM THE PHARMACY MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. PLUME DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE OR THE PHARMACY, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.

Limitation of Liability Regarding Use of Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

PLUME SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE MEDICAL GROUPS, PROVIDERS, PHARMACIES, OR LABS, OR ANY OTHER THIRD PARTY SERVICE PROVIDERS. PLUME AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF PLUME TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

No Third Party Rights

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Plume, the Medical Groups, and their affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Plume, the Medical Groups, or their affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Plume, the Medical Groups, Pharmacies, Labs, or any affiliates of the foregoing.

Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Plume’s prior written consent. Plume may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with the Site, including without limitation, Products and Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR OTHER CONTROVERSY BETWEEN YOU AND PLUME OR AND ANY PLUME-AFFILIATED PARTIES OR ANY MEDICAL GROUP OR PROVIDERS ARISING OUT OF OR RELATING IN ANY WAY TO PLUME, THE SITE, THE SITE CONTENTS, THE SERVICES, OR ANY OTHER PLUME GOODS, SERVICES, OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY, OR VALIDITY OF ANY PROVISION OF THESE TERMS OF USE (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE NEUTRAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award, but in so doing, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. You agree that, by agreeing to these Terms of Use, that you are waiving the right to a trial by jury or to participate in a class action lawsuit. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Plume.

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS OF USE MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THE THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION WILL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIBE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). 

If you desire to assert a claim against Plume, and you therefore elect to seek arbitration, you must first send to Plume, by certified mail, a written notice of your claim (“Notice”). The Notice to Plume should be addressed to: Plume Health, Inc., Attn: Legal, 303 S. Broadway, #200-357, Denver, CO 80209 (“Notice Address”). If Plume desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Plume, must (a) provide your name, residence address, username (if applicable, and email address associated with your account (if applicable); (b) describe the nature and basis of the claim or dispute, and (c) set forth the specific relief sought (“Demand”). If Plume and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Plume may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Plume or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. 

The arbitration will be conducted in Denver, CO, except that, in the event Denver, CO is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties otherwise agree in writing. If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including, but not limited to, the AAA rules regarding the selection of an arbitrator. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

If the arbitration terms and conditions of this Section are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Denver, CO. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and will be stayed until all claims between the parties remaining in arbitration are finally resolved.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Opt-Out Procedure

You can opt out of the provisions of these Terms that require the arbitration of Disputes within 30 days of the date that you first agree to any version of these Terms that require arbitration of Disputes with Plume. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate Disputes with Plume to the Notice Address listed above. Notwithstanding anything to the contrary in these Terms of Use, if we make any future material modification to any provisions of these Terms that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of these Terms that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at the Notice Address listed above, within 30 days of the effective date of such modifications.

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

Indemnification

You agree to defend, indemnify, and hold harmless Plume, Medical Groups, Labs, Pharmacies, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Plume, Medical Groups, Pharmacies, Labs, any affiliates thereof, or any Provider or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

Revisions; General

Plume reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Plume reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this Site after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this Site so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Plume and you pertaining to the subject matter hereof. In its sole discretion, Plume may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. For purposes of these Terms of Use, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Use as a whole

Copyright/Trademark Information

Copyright/Trademark Information. Copyright ©2020 Plume Health, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

How to Contact Us:

Plume Health, Inc.
303 S. Broadway
#200-357
Denver, CO 80209
Telephone: (833)-798-0736
Email: help@getplume.co