Mercy Express Care IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED. IF YOU HAVE AN EMERGENT OR URGENT MEDICAL NEED, YOU SHOULD GET CARE FROM AN URGENT CARE CLINIC, AN EMERGENCY DEPARTMENT, OR CALL 911.
This document, the Mercy Express Care Privacy, Payment, and Usage Terms ("Terms of Use") describes how your information is used, how billing works if you use your insurance, and how billing works if you don't use insurance. Reading and agreeing to our terms enables you to use our online diagnosis and treatment service.
Healthcare can be complex and daunting to navigate, but it doesn't have to be. Our organization, Mercy, and some government agencies have put safeguards in place to protect you and your information. These safeguards are often written in dense legal language, so here's a summary of what follows. This form:
Mercy Express Care is currently available to Mercy patients located in Missouri, Arkansas, Oklahoma, Illinois and Kansas.
Mercy Express Care is a service provided through the collaboration of Mercy and Fabric. Mercy is solely responsible for the treatment you receive from Your Provider, and Fabric is solely responsible for the security, integrity and stability of the Mercy Express Care service. Neither Mercy nor Fabric shall be responsible for the acts, errors or omissions of the other. Additionally, although you may have accessed Mercy Express Care through MyMercy, your access and use of Mercy Express Care is solely governed by these Terms of Use and those documents expressly identified herein. The accuracy and efficiency of this service relies on the accuracy and completeness of the information you provide. If you are not willing or not able to disclose through this service all information relevant to your healthcare needs then you should contact your healthcare provider to schedule an in-person appointment.
These Terms of Use govern your use of the Mercy Express Care application, mercy.zipnosis.com , and all subdomains thereof (the "Site"), which is operated by Fabric. These Terms of Use apply to all users of the Site, whether visitors who merely browse the Site, users who register as patients to access the site, or users who submit their information to receive services through the Site.
For the purposes of this form, the terms "us" and "we" mean Fabric, the company who builds the Mercy Express Care software. "Caregiver" and "Your Provider" means Mercy, the healthcare organization through which you've accessed this service, and who provides you with healthcare. Each Mercy Express Care visit is a combination of software provided by Fabric, and clinical services provided by Your Provider.
The Site provides an online healthcare service that allows users to submit a clinical history for the list of common, minor conditions supported within our service menu. Based on the information you provide, and their own clinical judgment, Your Provider's licensed healthcare professionals can provide a diagnosis and treatment plan.
THE SITE IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED. If appropriate, you may be referred to an alternative setting to receive care. You are charged a fee only if a diagnosis and treatment plan are provided to you.
By completing registration for Mercy Express Care, you acknowledge that Your Provider's Health Privacy and Payment Terms has been made available to you, and that you have read and agree to those terms and these Terms of Use.
You agree to allow Fabric to release your information to Your Provider for treatment, payment, and operations: This allows us to share your information and coordinate your care with Your Provider, and to bill for the services provided.
You may revoke (cancel) this consent, in writing, at any time. Revoking consent does not apply to information that has already been disclosed. Any Login (including a login after revoking or canceling this consent) will be deemed your acceptance or renewal of these terms, including any revisions that have been made. You should periodically visit the Site to review the current terms to which you are bound.
You are responsible for providing: (i) all equipment, such as a computer and modem, necessary to access the Internet; (ii) your own access to the Internet; and (iii) payment of all telephone or other fees associated with such access to the Site, including text messaging, voice, or data fees.
You are expected to use the Site as intended, and are responsible for ensuring that your use of the Site complies at all times with any and all applicable local, state, federal, and international laws and treaties. You will not use Mercy Express Care for any use involving: (a) Virus or Malware; (b) illegal, libelous, abusive, threatening, harmful, vulgar, pornographic, or obscene activities; (c) spamming, chain letters, or the use or dissemination of objectionable material of any kind or nature; (d) behaviors causing offense, defamation, or harassment; or (e) infringement of the intellectual property rights or any other rights of any third party.
Fabric reserves the right to suspend or remove access for users who we believe or suspect are in violation of the Terms of Use.
We reserve the right to revise and update these Terms of Use. Any such revisions will be effective on the date of posting to the Site. Your use of the Site following any such revisions will be deemed your acceptance of such revisions. You should periodically visit the Site to review the current terms to which you are bound.
If a credit card payment is needed, we will collect your credit card information at the time of checkout and charge this card only if you receive a treatment plan. If for some reason your credit card is not valid at the time a treatment plan is given, you agree to work with Your Provider to provide an alternative credit card that can be charged for your service. We will always notify you whenever we process a charge on your credit card.
Fee-for-service Medicare and Medical Assistance ("Medicaid") do not cover the cost of the Mercy Express Care services. Some Medicare managed care plans may cover Mercy Express Care services. You should contact your managed care plan to find out whether the services will be covered for you. If Mercy Express Care is a covered benefit through your Medicare managed care plan, you are responsible for submitting the appropriate information about your Mercy Express Care, and are responsible for any charges not reimbursed by that plan. If you are a member of a Government Healthcare Program that does not cover Mercy Express Care services, you understand and agree that you are personally financially responsible for the full cost of the Fabric Mercy Express Care service, because it is not a covered service under the program.
In order to receive treatment services, users provide personal contact information as part of the registration/checkout process for patients requesting treatment. Our privacy practices and your rights as a patient of Your Provider are explained in the Notice of Privacy Practices, which may be updated by us or Your Provider from time to time.
To learn what areas of our site are most popular, we collect anonymous, non-personal data about the pages you go to through the use of small files called "cookies" and "web beacons" or "pixel tags," which may be sent by your web browser to us and stored on your computer's hard drive. For example, we may use cookies to enable you to use certain website features, store your preferences, or recognize you when you return to our site. We may use web beacons (also called pixel tags) on email communication with you (in the form of small graphic images) or on our site to analyze your online behavior and measure the effectiveness of our site and the services we provide to you. Each cookie is automatically deleted after a period of time or when you close your web browser. We use both cookies and web beacons to help us enhance your experience on our site, improve navigation and site design, and learn more about your preferences.
You are able to limit the computer data we collect from you by setting your web browser to not accept cookies. If you limit the data we collect, some features on our site may not work properly for you and we may not be able to provide certain services to you through our site.
The content of the Site, including, without limitation, text, graphics, images, and other material, including software developed and licensed by us, which permits the access and use of the Site (collectively the "Content"), is protected by intellectual property laws, including copyright laws. All right, title, and interest in and to the Content remains vested in us and shall not pass to you or any other user.
You may view or download copies of the material on the Site for your own personal, noncommercial use. You may not, and may not knowingly allow any third party to: (a) reverse-engineer, disassemble, decompile, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means, resell, or redistribute the Content without our prior written consent; (b) reverse engineer or attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Site; or (c) use the Site for commercial purposes or otherwise use or allow others to use the Site for the benefit of any third party.
The trade names, trademarks, service marks, logos, and slogans contained in the Site are the trade names, trademarks, service marks, logos and slogans of Fabric, Your Provider, and/or its subsidiaries and affiliates (each a "Mark" and collectively the "Marks"). You are not authorized to use any Mark in any advertisement, publicity, or in any other commercial manner without our prior written consent. The trade names, trademarks, service marks, logos, and slogans contained in the Site that are not our Marks are the trade names, trademarks, service marks, logos, and slogans of their respective owners. References that we make to any specific trade name, trademark, service mark, product, service or process of a third party do not necessarily constitute or imply our endorsement, sponsorship, or recommendation of the third party trade name, trademark, service mark, product, service or process, unless otherwise explicitly provided.
We use several third party applications and vendors to provide services, including an electronic prescribing vendor, a credit card processing vendor, and insurance billing companies. As part of the service, we may have access to your prescription history if it was previously provided to our e-prescribing vendor by your health plan.
The Site and Content may contain links to websites operated by third parties. These links are provided solely for convenience and reference purposes only. The inclusion of any such link does not imply that we endorse the content of any website to which the Site provides a link, nor are we liable for your reliance on or use of any information or materials contained in them.
You may be asked to provide feedback on your Mercy Express Care experience. This feedback is always optional and your choice. This feedback may be hosted and stored at a third-party site. You agree to not provide any medical information or personally identifiable information such as, but not limited to, your symptoms, condition, treatment, provider, or insurance ID, as described on the feedback screen.
In no event shall we be liable to anyone for any delays, inaccuracies, errors, or omissions with respect to the Site or the transmission or delivery of all or any part of the services, for any damage arising thereof, or any results obtained from the use of the Site.
The existence of the Site is not intended and should not be construed to mean that we are conducting business in all states of the United States of America, or that we consent to submit to the personal jurisdiction of the state or federal courts in any state in the United States, except the State of Oregon. Any claim or action arising directly or indirectly from the use of the Site must be brought in Oregon state court in Multnomah County, Oregon, or in the United States District Court for the District of Oregon and shall be construed in all respects under the laws of the State of Oregon, exclusive of its choice of law or conflict of laws provisions.
The existence of the Site is not intended and should not be construed to mean that we are conducting business in all states of the United States of America, or that we consent to submit to the personal jurisdiction of the state or federal courts in any state in the United States, except the State of Oregon. Any claim or action between You and Us arising directly or indirectly from the use of the Site must be brought in Oregon state court in Multnomah County, Oregon, or in the United States District Court for the District of Oregon and shall be construed for purposes of contract law and civil rules of procedure under the laws of the State of Oregon, exclusive of its choice of law or conflict of laws provisions. Any claim between You and Your Provider arising directly or indirectly from the use of the Site must be brought in Missouri state court in St. Louis County, Missouri or in the United States District Court for the Eastern District of Missouri and shall be construed in all respects under the laws of the State of Missouri, exclusive of its choice of law or conflicts of laws provisions.
Fabric Labs, Inc. (“Fabric") operates the web site located at https://mercy.zipnosis.com (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 “Service"). 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.
THE SERVICE CANNOT AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR HEALTH CARE PROFESSIONAL(S). The Service is 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 Service, 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 SERVICE IS 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 Service 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 Service and immediately contact an available health care provider.
Fabric grants You permission to use the Site for Your personal, non-commercial purposes. Your use of the Site is further limited as follows:
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.
The Service, 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 Use or in any additional terms and conditions applicable to specific areas of the Site, is strictly prohibited.
FABRIC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE 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 SERVICE AND THE CONTENT. FABRIC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF VIRUSES OR OTHER MALICIOUS CODE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS" AND “AS AVAILABLE" BASIS.
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 SERVICE, 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’S 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 SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
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.
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.
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.
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.
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's collection and use of such information is described in Fabric's Privacy Statement. Your obligations under these Terms of Use are in no way conditioned on Fabric's compliance with the terms of the Privacy Statement.
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.
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.
Any and all disputes relating to these Terms of Use, 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.
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 Use 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.
If You have any questions about these Terms of Use, 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
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://mercy.zipnosis.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: January 30, 2024
