About our App and Services
The App provides a telehealth solution that, among other things, allows for remote mental health monitoring, patient education, appointment reminders and technology that allows for participating mental health professionals and their health care staff to communicate with their pre-existing patients (the “Services”). Rose does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any licensed profession by health care providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
Ownership of the App
The App and any material made available for viewing or download are the property of Rose, or its licensors or suppliers, as applicable. The App 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 App (“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
In order to access the Services you must register with Rose for an account and receive a password. During the registration process, you will be connected to your participating mental health professionals.
If you create an account for the App or Services, 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 App 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. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the App 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 App or any activity being conducted on the App.
Acknowledgements of Users
You knowingly and freely assume all risk with when using the App and Services.. Your mental health professionals will base their medical advice on the personal health data you provide through the App and the data transmitted from your devices. If you do not provide complete and accurate personal health data, the medical advice you receive may not be correct. You acknowledge that your relationship for health care services is with your mental health professionals, and your obtaining services from your mental health professionals is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the App and Services, you are not to hold the Rose Parties (as hereinafter defined) liable in any way for any claims, actions, losses or other damages, whether to you or to third-parties, which may result from your use of the App and Services, including, without limitation malpractice claims related to the treatments your mental health professionals may render through the App and Services.
Rose does not confirm the credentials of mental health professionals using our App and does not validate that they are in good standing with their respective licensure board(s). It is the patient’s responsibility to separately confirm that their mental health professionals are in good standing with their respective licensing board(s).
No Medical Advice or Services
Rose does not directly or indirectly practice medicine or any other licensed profession, and it does not interfere with the practice of medicine or any other licensed profession by healthcare providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. No representation or warranty is made that any treatment is safe, appropriate or effective, and Rose does not endorse or advocate any treatment method. Your use of the App and Services do not establish any medical professional/patient relationship with Rose. Neither Rose nor any third parties who promote Rose’s services shall be liable for any treatment or professional advice you obtain from a healthcare provider via the App or Services. You should always seek the advice of a qualified health professional with any questions regarding a medical condition.
THE APP IS NOT DESIGNED, INTENDED OR APPROPRIATE TO ADDRESS EMERGENCY OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR YOUR TREATMENT, OF IF YOU OR SOMEONE ELSE ADVISES YOU THAT YOU HAVE A SERIOUS OR LIFE-THREATENING MEDICAL CONDITION, YOU SHOULD CALL 9-1-1 IMMEDIATELY OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
In Session Communications
Rose is not the source of, does not have any control over, does not 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 App. Rose does not warrant the validity, accuracy, completeness, safety, legality, quality or applicability of the content or any information exchanged while using the App. Rose will therefore not be liable for any damages you may sustain due to reliance on information or advice provided by your mental health professionals while using the App.
License and Access to App
non-exclusive, non-transferable, non-sublicensable license to install the App on one mobile device owned
by your or under your legitimate control and access and make personal and non-commercial use of the App.
licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of
any Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for
any commercial purpose without express written consent of Rose. You may use the App only as permitted by
law. You may not use the App or Services for purposes other than intended, including chat or
communications unrelated to your healthcare. The licenses granted by Rose terminate if you do not comply
The App may utilize or include third party software, and certain features, aspects, products and
services offered through the App are provided, in whole or in part, by third-parties, including Zoom for
Healthcare (collectively, “Third-Party Services”). You acknowledge and agree that your right to use such
Third-Party Services as part of the App is subject to and governed by the terms and conditions of the
third-party licenses applicable to such Third-Party Services, including, without limitation, any
applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict
licenses shall control with regard to your use of the relevant Third-Party Services. Additionally, the
providers of Third-Party Services may collect and use certain information about you, as specified in
their privacy policies. Rose hereby disclaims all responsibility and liability for any of your
information collected or used by third-party service providers.
Accuracy and Integrity of Information
Although Rose attempts to ensure the integrity and accurateness of the App, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the App and Content thereon. It is possible that the App could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the App by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the App may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the App from any non-Rose affiliated third party.
Links to Third-Party Content
The App may provide links to certain websites, videos, services and features that are provided by third parties. Functionality on the App may also permit interactions between the App and a third-party website or online feature, including functionality that allows you to connect the App or your profile on the App 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 App.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our websites or uploaded to the App. 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 APP, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, SERVICES AND OTHER CONTENT CONTAINED ON AND/OR OBTAINED THROUGH THE APP, 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 APP WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE APP (OR THE SERVER(S) THAT MAKES THE APP AVAILABLE) IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP 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 APP (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE APP).
WE DO NOT GUARANTEE THE CONFIDENTIALITY OF ANY COMMUNICATIONS MADE BY YOU THROUGH THE APP. ALTHOUGH WE GENERALLY ADHERE TO ACCEPTED INDUSTRY PRACTICES IN SECURING THE TRANSMISSION OF DATA TO, FROM AND THROUGH THE APP, YOU ACKNOWLEDGE AND AGREE THAT WE CANNOT AND DO NOT GUARANTEE THE SECURITY OF DATA TRANSMITTED OVER THE INTERNET OR PUBLIC NETWORKS IN CONNECTION WITH USER’S USE OF THE APP.
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 APP, ANY CONTENT ON THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP, 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 APP IS TO STOP USING THE APP, 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 APP.
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 App 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 App from offices located in the United States and makes no representations or warranties that the information, products or services contained on the App are appropriate for use or access in other locations. Anyone using or accessing the App 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 App or any portion of the App, 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.
Ask Rose, Inc.
80 M. St. SE,
Washington, DC 20003