POM Health

Terms of Service

Last updated: November 17, 2025

POM Health Systems Inc. and the professional entities to which it provides management services (collectively, “we,” “us,” “our,” or “POM Health”) are pleased to offer you a platform for communicating electronically about your health. These Terms of Service (these “Terms”) govern your access to, and use, of the services available through our website (“the Website”) and all content, information and/or materials provided in connection therewith (all of the foregoing, collectively the “Services”). These Terms are important, contain legal obligations and affect your legal rights, so please read them carefully. Note that Section 16 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By clicking "I Accept" or by accessing or using our Services or creating an Account, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver set forth herein, you may not access or use the Services.

Important Notices

  • The Services are not intended to provide instructions in the event of an emergency. If you believe your symptom or situation is urgent or life-threatening, call 911 or visit the nearest emergency room department immediately.
  • Do not delay or forgo seeking medical care from a health care provider if you have questions, concerns, or symptoms related to health topics or information that may be presented or referenced on the Services.
  • Application of or reliance on any of the content, techniques, ideas, or suggestions accessed through the Services is at your sole discretion and risk.
  • We do not recommend or endorse any specific drugs, tests, Providers, products, procedures, opinions, “off-label” drug uses, or any other information that may be provided through, or referenced on Services.
  • The Services are not a medical device and are not intended to replace the relationship between you and your health care providers.
  • The Services are not insurance and are not a substitute for health insurance. Amounts you or a third party pay for the Services are not insurance premiums, do not satisfy any federal or state insurance mandate, and do not create coverage. If you want insurance, obtain it separately.
  • Certain Services are available only in specified jurisdictions and to users who meet applicable eligibility requirements. Availability of specific offerings, including Provider services, may vary by location and age eligibility.

1. Nature of Services.

POM Health provides a technology platform that enables users to access content, tools, and certain services, which may include facilitation of laboratory testing, telehealth, or other third-party services (collectively, “ThirdParty Services”) provided by independent third parties (collectively, “Providers”). POM Health is not a medical group, health care provider, laboratory, pharmacy, or insurance provider, and does not practice medicine, provide clinical services, offer medical advice, diagnose conditions, or prescribe treatment. Any medical or laboratory services you obtain via the Services are provided by Providers, not by POM Health.

Certain features of the Services may be subject to additional terms and conditions (“Additional Terms”). We may present Additional Terms to you when you activate or use a feature to which Additional Terms apply (either in the form of disclaimers or notices, or a separate document), and your use of any feature subject to Additional Terms constitutes your acceptance of such Additional Terms before using such feature. Unless otherwise stated in the Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree with the Additional Terms, you will not have access to the feature to which they relate. These Terms and Additional Terms apply equally. If any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail only for the feature(s) to which that Additional Term applies and only to the extent inconsistent.

2. Privacy.

Please refer to our Privacy Policy https://getpomhealth.com/privacy for information about how we collect, use and disclose information about you.

3. Eligibility to Use the Services.

To use the Services, you must be at least 18 years old. Specifically, to be eligible to use the Services you must meet the following criteria and, by agreeing to these Terms, represent and warrant that you: (a) are 18 years of age or older; (b) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services; (c) will only maintain one Account at any given time; (d) have full power and legal authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party, and will comply with these Terms at all times; and (e) agree to use your legal first name and your email address when registering (although you may use a preferred name or initials after registration when using the Services).

If you are accessing or using our Services on behalf of another person, you represent that you are authorized to accept these Terms on that person’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

4. Accounts, Account Security and Communication Preferences.

You may need to register for a user account ("Account") in order to access some or all of our Services. It is your responsibility to prevent disclosure of your username and password, and to change your password if you feel that its security has been compromised. You may change your password at any time. We shall not be liable or responsible for any damages that result from your failure to keep your username and/or password secure. You are responsible for all activity in your Account. If you permit others to use your Account credentials, you are responsible for the activities of such users that occur in connection with your Account.

As part of activating your Account, you are required to provide us with a valid email address and to update this address if you change your email account. By creating an Account, you also consent to receive electronic communications from POM Health (e.g., via email, text message, or by posting notices to the Services). These communications may include operational notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

5. Telehealth Services; Payment

Dial 911 in the event of a medical emergency. Telehealth services are not intended to provide instructions or help in the event of an emergency. If you believe your condition or situation is life-threatening, please call 911 or visit the nearest emergency room department immediately. Do not rely on or attempt to use the Services for any urgent medical needs.

Telehealth services are delivered virtually (as opposed to in-person), which may limit the scope and nature of the assistance provided to you. You hereby acknowledge these limitations and agree to proceed with the telehealth services. You understand that the telehealth services will be provided to you at the sole discretion of the Provider who is interacting with you, with no guarantee of diagnosis, treatment, or prescription. The Providers delivering telehealth consultations are not acting as employees or contractors of POM Health System, Inc. as it does not, nor is it responsible, for any healthcare services that are provided to you. Telehealth consultations are not available in every state, nor are they available at all times, and we reserve the right to limit participation in telehealth consultations due to staffing constraints or any other reason.

Please see our Telehealth Informed Consent getpomhealth.com/informedconsent for a description of the risks and benefits of telemedicine. The Telehealth Informed Consent is hereby incorporated into these Terms by reference and constitutes a part of these Terms.

You certify that you are physically located in the state you select in the Services as your current location at the time of your receipt of the telehealth services. Your ability to access and use the telehealth services is conditioned on the truthfulness of this certification. The Providers that you access through the Service rely upon this certification in order to interact with you. If your certification is inaccurate, you agree to indemnify us and the Providers with whom you interact from any resulting losses, damages, costs, or expenses.

Payment for Services: By providing a credit card or other payment method accepted by us (“Payment Method”), you are expressly agreeing that we are (or our payment processor is) authorized to charge the Payment Method for the total amount of the fees associated with your use of the Service, together with any applicable taxes (collectively, as applicable, a “Purchase”). If the Payment Method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Purchase. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your Purchase or account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.

Auto Renewal Policy:

When you register for an annual subscription, you expressly acknowledge and agree that (a) POM Health (or our third-party payment processor) is authorized to charge you on an annual basis for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the Services in accordance with these Terms. You may cancel your subscription at any time by managing your subscription in your Account settings or by sending a request by email to lucas.bj1@gmail.com, but you acknowledge that any refund provided will be at POM Health’s discretion.

From time to time, to the extent legally permitted, we may offer promotional trials of certain subscriptions for specified periods of time. If we offer you a promotional trial, the specific terms of your promotional trial will be provided in the marketing materials describing the particular trial or at registration. Promotional trials are limited to one (1) per household.

Once your promotional trial ends, we (or our third-party payment processor) will begin billing your designated Payment Method on a recurring basis for your subscription (plus any applicable taxes and other charges) for as long as your subscription continues, unless you cancel your subscription prior to the end of your promotional trial. Instructions for canceling your subscription are described above. Please note that you will not receive a notice from us that your promotional trial has ended or that the paid portion of your subscription has begun. We reserve the right to modify or terminate promotional trials at any time, without notice and in our sole discretion.

You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing, and you agree to notify us of any changes to your Payment Method. You represent and warrant that you are authorized to use the Payment Method and will not dispute charges for the Service that correspond to consultation fees or the co-payment required by your health plan. You acknowledge that the origination of Automated Clearing House (“ACH”) transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, we may at our discretion attempt to process the charge again at any time within 30 days.

We will collect applicable sales tax on services for which we determine we have a duty to collect sales tax. If a service is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

You acknowledge and agree that fees for telehealth consultations may increase at any time.

6. Reservation of Rights.

We may modify, suspend, or discontinue any aspect of the Services at any time without prior notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of any feature or component of the Services. In addition, we reserve the right, at any time and for any reason, with or without notice, and without liability to you or any other user, to: (a) restrict, limit, suspend or terminate your and/or any other user's access to the Services; (b) monitor any user's use of the Services to verify compliance with these Terms and/or any applicable law; (c) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (d) disclose information about any user's use of the Services in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.

7. Proprietary Rights.

We grant you a limited right to use the Services for your personal use. All original content, materials, features and functionality (including, without limitation, text, information, images, photos, graphics, artworks, logos, videos, audios, directories, listings, databases, and search engines) (the “Content”) are owned by POM Health and/or its licensors and may be protected by U.S. and foreign copyright, trademark and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use the Services and Content solely for your personal, non-commercial use; provided, however, that such license does not include any right to (a) sell or resell our Services and the Content; (b) copy, reproduce, distribute, publicly perform or publicly display Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services and the Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services and the Content other than for their intended purposes. Except for these limited licenses granted to you, we reserve all other rights. This license may be revoked and terminated by us at any time and for any reason. Any unauthorized use, reproduction or distribution of the Services or Content is strictly prohibited and may result in termination of the license granted herein, as well as civil and/or criminal penalties.

All trademarks, trade names and logos appearing on or through the Services are owned by us or licensed by us. The “POM Health” name and logo and all other POM Health names, marks, logos and other identifiers are trademarks and service marks of POM Health. Names, marks, logos and other identifiers of third parties, including third party health care providers, are trademarks and service marks of their respective owners. You may not use or display any POM Health trademarks, trade names, or logos without our prior written permission. We reserve all rights.

If you choose to provide us with any comments, suggestions, ideas or other feedback (“User Feedback”), you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.

8. User Supplied Material.

Our Services may allow you to share messages, text, photos and other materials (collectively, "User Content") with your Providers. Except for the license you grant below, as between you and POM Health, you retain all rights in and to your User Content. You hereby grant POM Health a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you.

If you supply or transmit any User Content via the Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Any User Content sent privately is the sole responsibility of the person that submitted it. Although POM Health reserves the right to review or remove all User Content on the Services, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Services.

9. Appropriate Use of the Services.

You agree to use the Services in accordance with all applicable local, state, national and foreign laws, treaties and regulations. You will not violate any contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Services:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s Account without authorization from that user and POM Health;
  • Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Services or any Content;
  • Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained from the Services;
  • Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Services;
  • Use the Services in any manner that could interfere in any way with the operation of the Services or any server, network or system associated with the Services, including, without limitation, by: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Services or any server, network or system associated with the Services; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you;
  • Use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Services or any server, network or system associated with the Services, or to extract, collect, harvest or gather content or information from the Services;
  • Frame or otherwise create a browser or border environment around any page or content of the Services, or deep-link to any internal page or area of the Services; or
  • Make any other use of the Services that violates these Terms or any applicable law.

Without limiting the foregoing, you acknowledge that POM Health may, at its sole discretion, discontinue your access to any portion of the Services for abusive, excessive or inappropriate use of the Services. These include, but are not limited to:

  • Initiating or engaging in unjustified, excessive, superfluous, or unsuitable visits;
  • Posting content that contains any information that is unlawful, harmful, fraudulent, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable;
  • Repeatedly terminating or exiting visits before their conclusion;
  • Repeated failure to respond to or comply with the Providers’ follow-up and treatment plans;
  • Creating a hostile environment, or harassing any Providers;
  • Repeatedly making the same request, if denied;
  • Purposefully misrepresenting medical facts/history about yourself in order to gain a perceived benefit;
  • Utilizing your account to gain access to healthcare for anyone other than yourself;
  • Or otherwise engaging in inappropriate behavior through the Services.

10. Links to Third Party Sites.

We may provide links on the Services to third-party websites, products and/or services (each, a “Linked Third-Party Service”). Such links do not constitute or imply POM Health’s approval, sponsorship or endorsement of any Linked Third-Party Service. POM Health is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third-Party Service. When you access and use a Linked Third-Party Service, you are subject to that third party's terms and conditions of use and privacy policy. Any rights, claims or actions you may have in respect of a Linked Third-Party Service can only be brought directly against the provider of that Linked Third-Party Service. You access and use a Linked Third-Party Service solely at your own risk.

11. Release.

To the fullest extent permitted by applicable law, you release POM Health and our owners, subsidiaries, affiliated companies, employees, shareholders, or directors (collectively, the “POM Health Parties”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a California resident, you hereby waive any rights you may have under California Civil Code Section 1542, which says "a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You also waive any rights you may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

12. Indemnification.

You agree to indemnify, defend and hold harmless the POM Health Parties from and against any and all damages, liabilities, fines, penalties, losses, expenses, fees, and costs (including without limitation reasonable attorneys’ fees and costs) related to all claims, causes of action, charges, and investigations, arising out of or relating to: (a) your access to, or use or misuse of, the Services or the Content; (b) any User Content and/or User Feedback you submit or transmit; (c) your violation of any of these Terms; (d) any activity related to your registration by you or any other person accessing the Services through your Account, including, without limitation, negligent or wrongful conduct; (e) your conduct in connection with our Services and/or (f) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

POM Health reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

13. Disclaimer of Warranties.

You expressly agree that use of the Services and Content is at your sole risk. The Services are provided on an “as is” and “as available” basis. POM Health expressly disclaims all warranties of any kind, whether express or implied, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, and accuracy of data. POM Health makes no warranty that the Services or Content will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does POM Health make any warranty as to the results that may be obtained from the use of the Services or Content, or that defects in the Services or Content will be corrected, or that any information obtained through or in connection with the Services or Content will be accurate or complete. You understand and agree that any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or information. No advice or information, whether oral or written, obtained by you from POM Health or through the Services or Content will create any warranty not expressly made herein.

The Services and Content are not intended to provide a substitute for your own sound and reasonably prudent judgment, and are not intended to be for diagnosis or treatment. Persons using the Services and Content assume full responsibility for the use of the Services, Content, materials and other information provided, and agree that POM Health is not responsible or liable for any claim, loss, or damage arising from their use. Your reliance on the Services and Content obtained or used by you is solely at your own risk except as provided by law.

Some states may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. But, to the extent permitted by applicable law, we exclude all warranties.

14. Limitation of Liability.

To the extent permitted under applicable law, in no event will the POM Health Parties be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, without limitation, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of the Services or any Content, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of the POM Health Parties (jointly) arising out of or in any way related to access or use of the Services or Content, exceed the greater of $100 or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose.

You further agree that the limitations of liability set forth above will survive any termination or expiration of these Terms and will apply even if any limited remedy specified herein is found to have failed its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.

15. Mutual Rights of Termination.

You may terminate these Terms, for any or no reason, at any time, upon notice to POM Health. POM Health may terminate or suspend your use of the Services, your account, and/or your registration without notice, for any or no reason, and at any time. You understand that termination of your agreement with POM Health and your account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account, except that POM Health will provide you with access to your health records in POM Health’s possession as a result of your receipt of Services as may be required under applicable legal, ethical, and professional obligations. You agree that we will not be liable to you or any other party for any termination of your access to the Services or deletion of your Account or Content uploaded by you.

16. Dispute Resolution; Arbitration.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the POM Health Parties and limits the manner in which you can seek relief from us, including a class action waiver. This Section 16 applies to all disputes (unless excluded under Section 16.1) between you and the POM Health Parties.

16.1 Binding Arbitration.

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and POM Health agree (a) to waive your and POM Health’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services or Content, resolved in a court, and (b) to waive your and POM Health’s respective rights to a jury trial. Instead, you and POM Health agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

16.2. No Class Arbitrations, Class Actions or Representative Actions.

You and POM Health agree that any Dispute arising out of or related to these Terms, the Services or Content is personal to you and POM Health and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and POM Health agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and POM Health agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

16.3. Federal Arbitration Act.

You and POM Health agree that these Terms affect interstate commerce and that the enforceability of this Section 16 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

16.4. Notice; Informal Dispute Resolution.

You and POM Health agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to POM Health shall be sent by certified mail or courier to 345 Harisson Avenue, 1017, Boston, MA 02118. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 4 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and POM Health cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or POM Health may, as appropriate and in accordance with this Section 16, commence an arbitration proceeding or, to the extent specifically provided for in Section 16.1, file a claim in court.

16.5. Process.

You and POM Health agree that (a) any arbitration will occur (i) in the State of Massachusetts, County of Suffolk, (ii) in the county where you reside, or (iii) telephonically, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be [insert county], Massachusetts and that state or federal courts of the State of Massachusetts and the United States, respectively, sitting in the State of Massachusetts, County of Suffolk, have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards.

The parties shall attempt to agree on the single arbitrator to be appointed to resolve the dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and POM Health will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute.

16.6. Authority of Arbitrator.

As limited by the FAA, these Terms and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

16.7. AAA Rules.

The AAA Rules and additional information about the AAA are available on the AAA website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.

16.8 Mass Arbitration Procedures.

If 25 or more individuals submit notices or attempt to initiate arbitrations with the POM Health Parties raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated (“Mass Claims”), you and the POM Health Parties agree that if the claims are not resolved and proceed to arbitration, they shall proceed in staged bellwether proceedings. You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. Counsel for the individuals and counsel for the POM Health Parties shall each select ten cases (per side) to be filed in and proceed in arbitration in a bellwether proceeding to be resolved individually. Each case shall be assigned to a separate arbitrator. In the meantime, no other cases may be filed in arbitration, and AAA shall not accept or administer arbitrations commenced in violation of these procedures. If the parties are unable to resolve the remaining cases after the conclusion of the first stage bellwether proceeding, each side may select another ten cases (per side) to be filed in and proceed in arbitration in a second bellwether proceeding to be resolved individually. Each case shall be assigned to a separate arbitrator. This process shall continue until the parties are able to resolve all of the Mass Claims, either through settlement or arbitration. If these mass arbitration procedures apply to a claimant’s notice, any statute of limitations applicable to the claims set forth in that notice will be tolled from the time the first cases are selected for a bellwether proceeding until the claimant’s notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations.

16.8. Severability.

If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 16 will remain valid and enforceable. Further, the waivers set forth in Section 16.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

17. Limitation of Time to File Claims.

You agree that any Dispute must be commenced or filed by you within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you will no longer have the right to assert such claim regarding the Dispute).

18. Applicable Law; Venue.

These Terms, and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of Massachusetts, without regard to conflict of law rules or principles (whether of the State of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved on an individual basis in the state or federal courts of the State of Massachusetts and the United States, respectively, sitting in the State of Massachusetts, County of Suffolk. You may litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

19. International Users.

If you are located outside of the United States and access the Services or submit your information to us, United States law may not offer the same privacy protections as the law of your jurisdiction. If you visit our Services or contact us from outside of the United States, please be advised that (a) any information you provide to us or that we automatically collect will be transferred to the United States; and (b) that by using our Services or submitting information, you explicitly authorize its transfer to and subsequent processing in the United States in accordance with our Privacy Policy.

20. Changes to these Terms.

We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Services. Your continued use of our Services will constitute your agreement to the changes we have made. If we make material changes, we will post the amended Terms to our Services. We may also notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. The “Last Updated” date at the top of these Terms indicates the last date these Terms were revised.

21. Severability.

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

22. Miscellaneous.

These Terms, and any other terms and policies incorporated herein, constitute the entire agreement between you and POM Health relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of POM Health. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and POM Health’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

23. Contact Us.

Please contact us with any questions regarding these Terms.

Lucas Buchheim-Jurisson

Lucas.bj1@gmail.com