Online Care Terms of Service

Fabric Labs, Inc. (“Fabric"), a third party service provider of RVO Health, LLC and its affiliated companies and brands, including, but not limited to, Optum Now and Optum Perks, operates the websites and services that link to these Terms of Service (collectively, the “Site") to facilitate healthcare consumers' access to electronic medical consultations with health care providers, and to provide other information about Fabric and its services (the “Services"). Fabric provides a communication link between You and the health care provider. Fabric does not provide any healthcare services itself. “You” and “Your” means the healthcare consumer who has accessed the Site in order to use the Services.

BY ACCESSING AND USING THE SITE, OR ANY PORTION OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE FOR ANY PURPOSE.

Medical Advice

THE SERVICES CANNOT AND ARE NOT INTENDED TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR HEALTH CARE PROFESSIONAL(S). The Services are intended to be a value-added digital medical service tool, easily accessible for a defined set of common medical conditions. If at any time, You are concerned about Your care or the treatment prescribed through the Services, or You believe (or someone else advises You) that You have or suspect that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest open clinic or emergency room.

THE SERVICES ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENCY, OR LIFE THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

The medical advice provided through the Services is based on Your personal health data as provided by You and the local standards of care for Your presenting symptoms based on Your use of the Service. Responses are not provided by Fabric, but are provided by medical doctors, nurse practitioners or physician assistants.

THE CONTENT ON THE SITE (OTHER THAN A DIRECT RESPONSE TO YOU FROM A MEDICAL DOCTOR, NURSE PRACTITIONER OR PHYSICAL ASSISTANT) SHOULD NOT BE CONSIDERED MEDICAL ADVICE. You should always talk to Your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for You. None of the information on this Site represents or warrants that any particular drug or treatment is safe, appropriate, or effective for You.

If You do not know the answer or how to answer a question (or if You do not understand what is being asked) stop using the Services and immediately contact an available health care provider.

Use of the Site

Fabric grants You permission to use the Site for Your personal, non-commercial purposes. Your use of the Site is further limited as follows:

You agree not to use the Site for unlawful purposes, and You agree to comply with all applicable laws, rules and regulations while using the Site.
You agree not to use the Site for any commercial purposes, including any advertisement, commercial solicitation, or promotion of any specific goods or services.
You agree not to collect or use any information or other data available via the Site inappropriately.
You may not distribute, modify, copy (except as set forth in these Terms of Service), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, translate, sell, reverse engineer, decompile or disassemble, or otherwise use the Site, except as specifically authorized in the Terms of Service, without Fabric' written permission.
You agree not to use the Site to post or transmit any threatening, harmful, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
You agree not to incorporate any code into the code of the Site or to use the Site to post or transmit any virus, worm, Trojan Horse, time bomb, spyware, bot, tracking device, screen scraping software or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use or operation of the Site or any user of the Site.
You agree not to restrict or inhibit any other person from use of the Site. You agree not to interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks.
You agree not to use the Site to harvest or collect personally identifiable information about users of the Site.
You agree not to use the Site to disrespect or violate the privacy or views of others.
You agree not to use the Site to impersonate another person or supply false information about Yourself or another person.
You agree not to allow any other person or entity to use Your identification to post or view comments, or to otherwise access or use the Site.
You agree not to post material on the Site that infringes on the copyright or other intellectual property rights of others, or the privacy, publicity, or other personal rights of others.

User Representation

You represent and warrant that You are at least 18 years of age and possess the legal right and ability to agree to these Terms of Service and to use this Site in accordance with these Terms of Service.
You represent and warrant that any information You provide in using the Services or the Site will be truthful, honest and complete and will not contain any inaccuracies, including but not limited to any inaccuracies resulting from the omission of relevant information.
By completing a Fabric transaction You are consenting to truthfully completing questions to the best of Your knowledge and ability.

Registered Users

If You meet the eligibility requirements as established by Fabric You must sign up to become a registered user of the Services provided through the Site. Both a logon identity or user name and a password shall be necessary to access the Services through the Site. The password provides vital security in preventing unauthorized access to Your user data, health information, confidential information and account. You are responsible for selecting a secure password. You should never allow anyone to access Your account on Your behalf or give anyone Your password. You are responsible for keeping and maintaining the security of Your password. Fabric shall have no responsibility for unauthorized access to Your account or the information in that account that results from Your failure to keep secure Your password.

You may choose to add an adult or legal dependent to Your account (such as a parent, spouse, family member or other acquaintance). BY ADDING THIS PERSON TO YOUR PERSONAL ACCOUNT, YOU ARE ALSO AGREEING TO ALLOW THIS PERSON TO ACCESS TO ANY OF YOUR MEDICAL RECORDS ACCESSIBLE THROUGH FABRIC. BY UTILIZING THIS ACCOUNT, THE DEPENDENT ACCOUNT HOLDER IS ALSO AGREEING TO ALLOW YOU ACCESS TO ALL OF THEIR MEDICAL RECORDS ACCESSIBLE THROUGH FABRIC.

Intellectual Property

The Services, the Site, and all information and/or content that You see, hear or otherwise experience on the Site (collectively, “Content") are protected by U.S. and international copyright, trademark and other laws, and belong to Fabric or its partners, affiliates, contributors or licensors. This protection includes the use of the trademark name "FABRIC" and the Fabric logo. The use or misuse of the Content, except as provided in these Terms of Service or in any additional terms and conditions applicable to specific areas of the Site, is strictly prohibited.

Disclaimer of Warranties

FABRIC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICES OR THE CONTENT. FABRIC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES AND THE CONTENT. FABRIC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER MALICIOUS CODE, OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL FABRIC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE CONTENT, EVEN IF FABRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FABRIC IS NOT LIABLE TO ANY USER OR PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR CONTENT DISPLAYED OR PROVIDED IN THIS SITE. FABRIC IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A PROVIDER SELECTED ON THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, FABRIC’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $1,000.00.

ANY CLAIM ARISING FROM THE USAGE OF THIS SITE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Pricing and Coverage Information

As a service to users of this Site, Fabric may request from Your health plan or provider eligibility, coverage, benefit and related information on Your behalf. Such requests do not include reviewing any prior authorization, referral, or medical necessity requirements.

Fabric does not engage in utilization review. Users should consult their primary care physician to address such requirements.

You agree Fabric may pass Your personally identifiable information to such individuals or organizations in connection with such a request. You also agree to sign an authorization allowing Fabric to give these people information about You and telling these people to give Fabric information about You. This authorization is displayed on the Site.

Charges and Billing

You may be responsible for providing a valid credit card number, expiration date, and card security code from the back of the card at the time You purchase a service or schedule an appointment. You represent and warrant that You are an authorized user of such credit card, and You agree to pay all charges resulting from Your purchase of the services on this Site at the charges then in effect, including any unauthorized charges incurred prior to Your notifying Fabric of such charges. You agree that Fabric may provide Your credit card information and related personal information to its designated service provider(s) or the vendor or provider offering services for their use in charging You for appropriate services or cancellation fees incurred through Your use of this Site.

Fabric reserves the right to modify prices, fees, or institute new charges at any time with at least thirty (30) days' notice. You understand that services may not be provided or appointments will be cancelled if the credit card information You provide is inaccurate or invalid.

Links to Third Party Sites

As a convenience to Site users, Fabric may provide hypertext links to third party web sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Fabric of the third party, the third-party web site, or the information contained therein. You acknowledge and agree that Fabric is not responsible for the availability of any such web site, and that Fabric does not endorse or warrant, and is not responsible or liable for, any such web site, its content, its privacy policy or practices, or the acts or omissions of its operators.

Geographic Limitations on Use

Like most Internet web sites, this Site is accessible worldwide. However, not all services are available to all persons or in all geographic locations. Fabric reserves the right to limit the provision of its Service to any person, geographic area, or jurisdiction and to limit the quantities of any Service that it provides. Any Service identified on the Site is only available where Fabric, or any other entity offering the services on the Site, is licensed or authorized to do business. Please consult Fabric directly for information regarding the services that may be available to You in Your area. You agree to comply with all applicable laws and local rules or restrictions relating to the Site.

The Site is not intended for use outside the United States of America.

Personal Information and Privacy Statement

Email, text messages, Internet transactions or other electronic communications between You and Fabric may not be secure. While certain communications are performed through a Secure Sockets Layer (SSL) connection, not all communications between You and Fabric are encrypted. Fabric is not responsible for any interception or disclosure of personal information that may occur as the result of any electronic communications in using the Services. Please consider these facts before sending Fabric any personal or confidential information or utilizing the Services which may result in personal or confidential information being transmitted by Fabric to You. Fabric may monitor, record, collect and use for any lawful purpose information generated through Your use of the Site. Fabric' collection and use of such information is described in Fabric' Privacy Statement. Your obligations under these Terms of Service are in no way conditioned on Fabric' compliance with the terms of the Privacy Statement.

SMS / Text messaging

During registration, you may opt-in to receive SMS notifications related to this service. We will send you an SMS message to confirm your signup.
SMS notifications will all relate to status updates for your visits.
You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive a variable number of messages per visit, based on update frequency. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, please use information on the footer of this page to contact support.
If you have any questions regarding privacy, please read our privacy notice: https://online-care-stage.perks.optum/privacy.

User Supplied Material

If You supply any comments, information or material via the Site, You guarantee to us that You have the legal right to supply such material and that it will not violate any law or the rights of any person or entity.

General Provisions

Entire Agreement

Together with the additional terms and conditions applicable to specific areas of the Site or to particular transactions, these Terms of Service constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Fabric of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Choice of Law and Venue

Any and all disputes relating to these Terms of Service, Your use of the Site, the Service, or the Content (collectively, “Disputes") are governed by, and will be interpreted in accordance with, the laws of the State of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in the State of Minnesota, and You hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. The operation of this Site does not mean or imply that we are conducting business in any state of the United States of America outside of Minnesota, or outside of the United States. If You access this Site from outside the United States, You assume all risks and You are solely responsible for compliance with Your jurisdiction's laws and requirements.

Severability

If any provision of these Terms of Service is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Service will remain in force. A waiver of any of the terms and conditions is not to be interpreted as a further or continuing waiver of that or any other term or condition.

General Contact Information

If You have any questions about these Terms of Service, the Site, the Service, or the Content, You may contact us by: (a) sending an email to: info@fabrichealth.com, or (b) sending a letter via US Mail to:

Fabric Labs, Inc.
228 Park Avenue South
PMB 31583
New York, NY 10003

Changes to Terms of Service

Fabric may revise these Terms of Service at any time without notice to You. The revised Terms of Service will be effective when posted. The most current Terms of Service may be found at https://https://online-care-stage.perks.optum.com//terms_of_service. If You do not agree to the modified Terms of Service, You should discontinue use of the Site and the Service.

Last Revised: May 6, 2020