About our Site:
The Site is an online engagement platform for Mental Health Professionals and their patients. Through the Site, Mental Health Professionals will be able to engage in remote mental health monitoring and direct communications through Zoom for Healthcare with their patients, establish new patient appointments, send appointment reminders and provide mental health education resources to their patients.
No Medical Advice or Services
The Health Insurance Portability and Accountability Act of 1996, as amended and its implementing regulations (“HIPAA”), require that covered entities and their business associates — in this case, Rose when it provides services to covered entities — enter into contracts to ensure that those business associates will adequately protect protected health information. These contracts, or business associate agreements, clarify and limit how the business associate can handle protected health information, and set forth each party’s adherence to the security and privacy provisions set forth in HIPAA. By accessing and/or otherwise using our Site, you agree to the terms of our business associate agreement, available at https://app.askrose.com, unless we have agreed to a different business associate agreement, in which case, such agreement will control how we handle your protected health information.
You represent and warrant that you will use the Site in compliance with all legal requirements, without limitation, and you specifically agree to comply with HIPAA. You, and not Rose, are solely responsible for obtaining all appropriate patient consents. Rose has established reasonable safeguards and procedures to protect the security of individually identifiable health information, but you must also take steps to protect your privacy and confidentiality that of your patients.
Provision of Mental Health Services Through the Site
You accept responsibility for your patients as well as yourself in your use of the Site. You are solely responsible for the information, advice and communications and quality of the services you provide whether through your use of the Site or otherwise. You are solely responsible for complying with all applicable laws in connection with your use of the Site. For example, you are responsible for obtaining and maintaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using the Site, and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.
As such, you represent and warrant that you are licensed and in good standing with your respective licensure board[s], including but not limited to any required telemedicine license[s]. You also represent and warrant that the information you provide to Rose on or through the Site or in any other communication with Rose is complete and accurate. You must notify Roes immediately in the event of any change in that information, including but not limited to the name of your employer, your licensure status, and other credentials.
Rose makes no representations to any mental health professional regarding their ability to bill third-party payors for the services they provide using the Site. Each mental health professional is responsible for complying with all laws in billing for the services they provide using the Site.
Communications and Interactions with Patients Through the Site
Rose does not have any control over, does not record or monitor and takes no responsibility for the content of communications made during or in the context of a counseling session or other patient interaction making use of the Site or Services, including, any patient interactions that occur through the use of Zoom for Healthcare. You will be entirely responsible for the services you provide to patients while using the Site and assessing information furnished to you by your patients through the Site or otherwise. You further acknowledge and agree that no Rose Party has any obligation or responsibility, and the Rose Parties expressly disclaim any obligation or responsibility, to monitor or review any patient information made available through the Site or Services, or to provide you with any notices (email, text, phone calls or otherwise) regarding the condition of any of your patients. Rose does not warrant the validity, accuracy, completeness, safety, legality, quality or applicability of the content or any information exchanged while using the Site or Zoom for Healthcare.
Additional Terms and Conditions
Ask Rose, Inc.
3400 Prospect St. NW,
Washington DC 20007
Attn: Kavi Misri
Effective: April 20, 2020
About our Services
The Site is an online engagement platform for Mental Health Professionals and their patients. Through the Site, Mental Health Professionals will be able to engage in remote mental health monitoring and direct communications through Zoom for Healthcare with their patients, establish new patient appointments, send appointment reminders and provide mental health education resources to their patients (the “Services”).
Ownership of the Site
The Site and any material made available for viewing or download are the property of Rose, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Rose.
When you use any Service, or send e-mails, text 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.
Registration and Passwords
Access to and use of password-protected areas of the Site is restricted to authorized users only. Following your registration with Rose, you will soon be issued you user credentials. Passwords may not be shared or used by more than one individual. It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. You agree that you are fully responsible for all activity occurring under your user ID.
You agree to complete the registration process by providing current, complete, and accurate information as required by Rose. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Rose. Your access to the Site may be revoked by Rose at any time with or without cause.
Violations of system or network security may result in civil or criminal liability. Rose will 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 the Site or any activity being conducted on the Site.
License and Access to use the Site
Accuracy and Integrity of Information
Although Rose attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. 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 us so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Site from any non-Rose affiliated third party.
Links to Third-Party Content
The Site may provide links to certain websites, videos, services and features that are provided by third parties. Functionality on the Site may also permit interactions between the Site and a third-party website or online feature, including functionality that allows you to connect the Site or with a third-party site. Using this functionality may require you to login to your account on the third-party site, and you do so at your own risk.
You agree to defend, indemnify and hold Rose harmless from and against all third-party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Rose arising out of any User Information you upload to or transmit through the Site.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our websites or uploaded to the Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Rose 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 Rose’s copyright agent, identified below. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Rose’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Rose to locate the material; (d) information reasonably sufficient to permit Rose to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send (1) your notice of claims of copyright infringement to Rose’s copyright agent, who can be reached as follows:
Ask Rose, Inc.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, SERVICES AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE SITE, ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ROSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, ROSE DOES NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) THAT MAKES THE SITE AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON.
ROSE SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, DEATH, MEDICAL CONDITION, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER SUBMISSIONS MADE OR DISPLAYED ON, OR USE OF, THE SITE (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE SITE).
Limitation on Liability
IN NO EVENT WILL ANY ROSE PARTY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY CONTENT ON THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO ROSE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
Waivers of Jury Trial
Both you and Rose hereby expressly waive trial by jury. Both you and Rose waive the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Both you and Rose waive the right to participate in a class, consolidated, representative, collective, or private attorney general action brought by anyone else.
Arbitration and Class Action Waivers
This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, Delaware law. The arbitration will be conducted in Washington, D.C. in the English language by three arbitrators appointed in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Rose to any registration requirement within such jurisdiction or country. Rose controls the Site from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.