TERMS OF USE
Date of Last Revision: December 1, 2022.
INTRODUCTION
Welcome! Arose®, LLC (“Arose,” “Our,” “Us,” or “We”), a Colorado limited liability company at 6547 N. Academy Blvd., #1276, Colorado Springs, CO 80918 owns and operates this website (the “Site”). These terms of use (“TOU”) describe you (“You,” or “Your”), the website user’s rights and responsibilities with regard to the Site that You may use to receive Services, as defined below, from Us. Your access to and use of the Site and Services is subject to these TOU, Our Privacy Policy, as well as all applicable laws and regulations.
In these TOU You understand and agree that these TOU are entered into between You and Arose®. If you do not accept and agree to be bound by these TOU, you are not authorized to access or otherwise use the Site, Services, or any information or Content provided through the Site or Services. The Site and Services are continually under development, and We reserve the right to review, amend, edit, alter, or remove any part of these TOU in Our sole discretion at any time and without prior notice to You. You should check the TOU from time-to-time when you use the Site or Services to determine if any changes have been made. Any changes to these TOU are effective upon posting to the Site. All information and materials on the Site are defined in these TOU as the “Content.” Unless otherwise indicated, any new Content added to the Services is also subject to these TOU upon posting to the Site. If you disagree with these TOU, your sole and exclusive remedy is to discontinue your use of the Site or Services, subject to applicable legal obligations. Your continued use of the Site or Services after a change has been posted constitutes Your acceptance of the changes.
Services
The Site is intended to facilitate the provision of Services to registered users. The “Services” may include:
1. Providing both, in-person mental health and telehealth services;
2. Providing individuals with information and access to products related to mental health, healthcare, and wellness;
3. Development and gathering of healthcare records and healthcare information with retention of the same for use in healthcare provider appointments, communications, and related services;
4. Administrative support in connection with scheduling, payment for healthcare provider services, and related services;
5. Telecommunications support for using the Services as a means of direct access to healthcare providers and similar affiliated professional entities for communication, consultations, assessments, and treatment by such providers;
6. And other services related to the provision of professional mental health services to patients.
AVAILABILITY: Eligibility
Certain of Our Services may only be available to individuals located in certain states (“States Where We Operate”). This is dependent on applicable residency and each state’s licensure requirements for mental healthcare providers. For the current list of States Where We Operate, please visit www.arose-etherapy.com/contact.
In order to qualify to use the Services, the following must all be true:
You are age 18 or over, or You are a minor with specific parental or guardian consent to receive Services.
You are located in a State Where We operate (depending on the type of Services), and
You or Your parent or guardian, as applicable, agree to be legally bound by and comply with these TOU.
You understand and agree that satisfying the above requirements does not guarantee You will receive Services through Us. In addition to the above requirements, We reserve the right to change or include new requirements as deemed appropriate in Our sole discretion without providing prior notice to You.
Social Media CONSIDERATIONS
Friending and Following. We have a presence on several social media sites. Due to the importance of Your confidentiality and of minimizing dual relationships, We do not accept friend or contact requests from current or former patients on social networking sites. We will also not interact directly with You over social media sites. In certain circumstances, people who have previously followed Us on social media may ask to receive mental health services. If such a relationship is permissible with You under applicable ethical rules and laws, We may take appropriate steps, including but not limited to unfollowing You in order to minimize intrusions and preserve the integrity of our professional relationship. Should You elect to post on Our social media, We reserve the right to modify or delete any posts We deem clinically inappropriate, in Our sole discretion, or as compromising a patient’s confidentiality, with or without notice.
Interaction. Please do not use social media, texts, SMS, direct messaging, or any other direct communication system on social media to contact Us or Dr. Rozycki. Instead, please use the contact information below, or Your EHR portal. Similarly, please do not comment on any of Our blog posts. Please do not rate Dr. Rozycki or Us on any Internet site, as We are unlikely able to respond due to ethical considerations.
USER REGISTRATION AND ACCOUNTS
You may have to register a “User Account” to access certain parts of the Site or Our Services. As part of that registration, You will create a username and password and become a “Registered User.” As a Registered User, You agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about Yourself that You have provided to Arose. If You do not maintain such information, or if Arose has reasonable grounds to suspect Your information is incorrect, outdated, or false, Arose has the right to suspend or terminate Your account and Your use of the User Account and Services. You also agree to immediately notify Us of any unauthorized use of Your username, password, User Account, or of any other breach of security that You become aware of involving or relating to the Services by emailing Arose at drrozycki@arose-etherapy.com. Arose may take any and all actions it deems necessary or reasonable to maintain the security of the Site, Services, and Your User Account, subject to applicable privacy laws.
You agree to keep confidential Your username and password and to exit from Your User Account at the end of each session. You are responsible for all activities that occur under Your User Account and for maintaining the confidentiality of Your password. If You think Your User Account has been compromised, You are exclusively responsible for promptly changing Your password. You may not transfer or share Your password to Your User Account with anyone, or create more than one User Account. You may not use anyone else’s User Account at any time. AROSE® explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You further acknowledge and agree:
1. All or any part of the Site may not be accessible at any time, for any period, or for any reason; and
2. Arose will not be liable to You or Your affiliated third-parties if for any reason all or any part of the Site is unavailable at any time or for any period.
TECHNOLOGICAL AND FINANCIAL REQUIREMENTS FOR USE
You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the Site and some of Our Services. Fees and charges may apply to Your use of the mobile services and to the Internet. You are individually and solely responsible for any such fees, costs, or expenses You incur in relation to Your use of the Site or Services.
SPECIAL CONSENT TO TELEHEALTH SERVICES
“Telehealth” or “Telepsychology” or “eTherapy” is the provision of mental healthcare services over telecommunication systems, enabling mental healthcare providers at different physical locations from patients to provide services and share individual patient health information for the purpose of improving and continuing patient care. Telehealth may be used for diagnosis, chart review, counseling, treatment, follow-up or related patient education, and may include but is not limited to:
Electronic transmission of mental health and other health records, test results, photo images, protected health information (“PHI”), synchronous or asynchronous communications, or other data between a patient and healthcare providers;
Interactions and treatment between a patient and healthcare provider via live, two-way audio or video, or data/patient communications;
Remote evaluation, diagnosis, chart review, appointment scheduling, health information sharing, or patient education; and
Interactive audio with store and forward.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Please see Our “Informed Consent and Agreement,” which includes a section dedicated to Telehealth Services (the “Consent”) available for patients through our Electronic Health Record, Therapy Appointment, for a description of the risks and benefits of telehealth. Arose® incorporates the Consent into these TOU by reference.
A healthcare provider consulting with You through telehealth services may not have the benefit of information that would be obtained by examining or counseling You in-person and observing Your in-person condition, in each instance. The healthcare provider may therefore not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to You of this limitation, Arose® strongly encourages You to provide all relevant information and discuss any and all diagnoses and treatment options with Your mental healthcare provider. By deciding to engage AROSE® IN ANY PROFESSIONAL Services, you acknowledge and agree that You are aware of these limitations and agree to assume the risk of these limitations.
PRIVACY POLICY
We understand the importance of confidentiality and privacy regarding Your information. Please see: (1) Our Privacy Policy for a description of how We may collect and use Your personal information through the Site, and (2) the Notice of Privacy Practices applicable to Alicia Rozycki, PhD (the “Notice of Privacy Practices”), for a description of how We may use and disclose Your PHI and how You may access that information. Arose® incorporates the Privacy Policy and the Notice of Privacy Practices into these TOU by reference.
Non-Participation in Insurance
NEITHER AROSE® NOR ANY OF AROSE’S® AFFILIATED HEALTHCARE PROVIDERS PARTICIPATE IN OR BILL THROUGH INSURANCE FOR SERVICES. AROSE® AND ITS AFFILIATED HEALTHCARE PROVIDERS DO NOT ACCEPT ANY PRIVATE INSURANCE, MEDICARE, MEDICAID, MEDIGAP, TRICARE, OR ANY SUPPLEMENTAL INSURANCE PLAN IN RELATION TO BILLING FOR THE SERVICES. You expressly acknowledge and understand a private or public insurance entity may not reimburse You for the Services, and You will be liable for all incurred charges that are not covered by insurance. Medicare, Medicaid, and other non-private insurance agencies will not assist You in paying for Services or billings You incur through them. Upon request, We may provide You with a superbill for You to seek reimbursement from Your private insurance company. We are in no way liable for, however, and do not in any way guarantee any such reimbursement will occur. You further agree not to bill or attempt to bill any Medicare, Medicaid or any other government or non-private insurance company or entity for any of the Services. You expressly acknowledge and understand You have the right to seek out care or similar services from PROVIDERS and entities who do accept Medicare or other private, government, or supplemental insurance plans. You further acknowledge and understand neither Arose®, Our affiliated healthcare providers are limited in the amount they may charge for the Services.
SPECIAL NOTICE TO MEDICARE RECIPIENTS
As detailed above, We do not participate in and are not reimbursed by any insurance services, including Medicare. In fact, Dr. Rozycki has “opted out” of Medicare pursuant to Medicare’s requirements to do so (an “Opted-Out Provider”). By digitally signing and agreeing to receive Our services, You understand, acknowledge, and agree:
An Opted-Out Provider has opted out of participation in Medicare.
An Opted-Out Provider does not bill through or accept payments from Medicare.
Medicare payment limits do not apply to what an Opted-Out Provider may charge patients for items or services.
You agree to give up all potential reimbursement for Medicare-covered services as part of these TOU.
You, as a Medicare beneficiary, and Your legal representative, if applicable, agree not to submit any claim to Medicare or to ask Arose or Opted-Out Providers to submit a claim to Medicare on Your behalf.
Medicare payment will not be made for any items or services provided by an Opted-Out Provider that would otherwise have been covered by Medicare.
You will be liable for all incurred charges without Medicare balance billing limitations or assistance from Medigap or other supplemental insurance.
You have the right to obtain Medicare items and services from other providers who have not opted out of Medicare participation.
You are not required to enter into private contracts for Medicare-covered services provided by other providers who have not opted out of Medicare.
Medigap plans do not, and other supplemental plans may elect not to, make payments for items and services not paid for by Medicare.
The expected effective and expiration dates of any opt out period will vary by Opted-Out Provider. Please inquire with Your provider regarding the specifics of them and refer to Your individual consent and patient agreement, where applicable.
By agreeing to these TOU, You agree to affirmatively inform Your provider and Arose® of the fact You are a Medicare recipient prior to receiving any care through the Services.
SITE CONTENT
Except for specific communications sent or received within the context of a professional-patient relationship, none of the Content you receive through the Site should be considered PROFESSIONAL advice. All such health and health-related information contained within this Site and Our Services is intended to be general, marketing, or educational in nature and should not be considered or used as a substitute for a visit with a mental or medical healthcare professional. The Content is not intended to be, and You should not consider it to be, mental health, medical, or other licensed professional advice.
The use of this Site and OUR Services is in no way intended to, nor does it create a MENTAL HEALTH or other professional relationship between You and AROSE® OR DR. ROZYCKI. Any such PROFESSIONAL-patient relationship will be subject to Your SEPARATE, individual patient agreement, AS APPLICABLE. Always seek the advice of Your medical or mental health professional if You have any questions regarding a mental health or medical condition or concern. Arose® assumes no responsibility or liability for how You use information obtained from this Site or Our Services. Before making any decisions regarding Your healthcare, ask Your PCP or mental healthcare professional.
IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE IMEDIATELY CALL EMERGENCY PERSONNEL (911 or 988) OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT RELY ON ELECTRONIC COMMUNICIATIONS OR THIS SITE FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL OR MENTAL HEALTH NEEDS.
By using this Site, You are accepting these TOU. By accepting these TOU, You agree and consent to Arose®, Arose® affiliates, or healthcare providers sending You disclosures, notices, messages, reports, and other communications in accord with Our Privacy Policy. It is Your responsibility to monitor these communications. You acknowledge and agree You will not hold Us or any AROSE® affiliate liable for any loss, injury, or claim of any kind resulting from Your failure to read these communications or for Your failure to comply with any treatment recommendations contained in these communications.
OWNERSHIP OF INFORMATION SUBMITTED THROUGH THE SITE
With the exception of any personal data or information You submit in the context of a professional-patient relationship or maintained in accordance with Our Privacy Policy (which may be governed by the “Health Insurance Portability and Accountability Act,” Pub. L. 104-191, and its related regulations and amendments (collectively, “HIPAA”), the “Health Information Technology for Clinical Health Act, Pub. L. 111-5, and its related regulations and amendments (collectively, “HITECH”),” or related state-specific privacy laws and regulations), You understand and agree that any information You provide to Arose on or through the Site or non-professional Services, whether by direct entry, submission, email, or otherwise, including, but not limited to, data, questions, comments, forum communications, posts, or suggestions, will be treated as non-confidential and non-proprietary and will become Our property.
Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Arose shall be free to use any ideas, concepts, know-how, or techniques contained in any communication You send to Arose® via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
For any personal data or information subject to the foregoing exception, and to the extent permitted by law, You: (1) understand and agree that any such information provided by You may be used, copied or displayed by Arose®, Arose® may create derivative works of any such data, and Arose® may provide such data to Our service providers and Our successors and assigns; and (2) grant Arose®, Our service providers and Our successors and assigns the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third-parties any data or information You submit on or through the Site for the purposes of providing services to You; conducting research or analyses of such data; and designing, developing, implementing, modifying or improving new, current, or future features, products and services of Arose® using such data.
OWNERSHIP OF SITE CONTENT, TRADEMARKS
As between Arose® and You, Arose® is the sole and exclusive owner of all right, title, and interest in and to the Site and its content, features, and functionality (including, without limitation, all information, intellectual property such as trademarks and copyrights, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by You. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on Our Site except as generally and ordinarily permitted through the Site according to these TOU. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or Content shall be owned solely and exclusively by Arose® or its assigns, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Site or Content. Nothing in these TOU or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site or the intellectual property, except as expressly stated herein. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Marks”) of Arose or its affiliates. You are not authorized to use any such Marks without the express written permission of Arose®. Ownership of all such Marks and the goodwill associated with them remains with Us or Our affiliates.
YOUR Consent
You agree that Your use of the Site and any uses of any Services or materials related to the Site are subject to Your agreement with all of these TOU as well as Our Privacy Policy, which is incorporated into these TOU by reference. You agree You will not violate any local, state, federal, or international laws in using this Site or accessing any Material within or through the Site.
Acceptable Use
Subject to Your compliance with these TOU, Arose® grants You, the Site User, a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to view, download, access, and use the Site solely for Your personal and non-commercial use, and solely as permitted under these TOU and Our Privacy Policy. Any unlawful use of this Site or use inconsistent with these TOU is prohibited and will result in, at a minimum, an automatic termination of this license. Arose® and its affiliates expressly reserve all rights, title, and interests not expressly granted under this license. We further reserve the right, in Our sole and exclusive discretion, to deny or suspend use of the Site or Services to anyone for any reason.
Except as Arose® expressly authorizes, You agree You will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent Your affiliation with any person or entity; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or Our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third-party; (f) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third-party the Site, Services, or related materials in any way; (g) use or access the Site to create or develop competing products or services or for any other purpose that is to Arose® or its affiliates’ detriment or commercial disadvantage; (h) take any action or use the Site in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner Our Site or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to Our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure Arose® or its service providers implement or have implemented to protect the Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from Our Site or any content made available to You on or through Our Site; (l) use any manual process or automated device to monitor or copy any content made available on or through Our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Arose® or third-party content from the Site; (n) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (o) use the Site or Services in any manner that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e. g., material that promotes racism, bigotry, or manifests hatred or physical harm of any kind against any group or individual), or otherwise post objectionable material of any kind or nature or which is harmful to minors in any way; (p) otherwise use the Site in any manner that exceeds the scope of the license granted above; or (q) encourage or enable any other individual to undertake any of the conduct listed in this section. If Arose® blocks You from accessing the Site or the Services (including by blocking Your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking Your IP address or using a proxy IP address).
User Obligation
In consideration of Your use of the Site and Our Services, You represent You are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting Our Services under the laws of the United States or other applicable jurisdictions. If You are under the age of 16, You are not authorized to use the Site without Your parent or legal guardian’s permission. If You are under the age of 13, You are not authorized to use the Site or Our Services at all.
LINKS TO Third-Party Websites
The Site may contain hyperlinks or references to other websites, posts, blogs, videos, or other third-party online material (collectively, the “Linked Sites”). Linked Sites may not be under Our control, and We are therefore not responsible for the information, products, or services described on Linked Sites, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to You only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at Your Own risk, and You agree and understand We are not liable to You in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites. You similarly may have arrived at the Site through a Linked Site. You further understand and agree that We are not responsible for the information, products, or services described on those Linked Sites and only these TOU will apply to Your use of or access to this Site.
Site Access: TERMINATION
The TOU will remain in full force and effect as long as You continue to access or use the Site or Services. You may terminate the TOU at any time by discontinuing use of the Site. Your permission to use the Site automatically terminates if You violate these TOU.
Arose® reserves the right to prohibit, restrict, suspend, discontinue, or terminate Your access to the Site or Our Services, and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based in Arose’s® sole and exclusive discretion. Including but not limited to for Your violation of these TOU. The following provisions survive the expiration or termination of these TOU for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, and Severability of Provisions; No Waiver; and Assignment.
Subject to applicable laws and requirements, Our Privacy Policy, and any provisions in Your individual patient agreement, Arose reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention or content destruction policies, where applicable. After such termination, and subject to legal or ethical obligations, Arose will have no further obligation to provide the Services. You agree that if Your use of the Services is terminated pursuant to these TOU, You will not attempt to use the Services in any way, and further agree that if You violate this restriction after such termination, You will indemnify and hold Arose® and its affiliates harmless from any and all liability Arose® and its affiliates may incur from such violation.
Disclaimer of Warranties
You expressly agree your use of the Site is at Your own risk. AROSE® does not make any warranties or representations as to the provision of the Site or Our Services, the accuracy or completeness of the Site or Our Services’ content, or information linked through the Site, including LINKED SITES, or Our Services. you acknowledge and agree AROSE provides the SITE AND NON-PROFESSIONAL SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS.
AROSE® AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, ITS SUBSIDIARIES, SUCCESSORS, LICENSORS, PREDECESSORS, ASSIGNS, AFFILIATED PROFESSIONALS, OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD-PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER AROSE® NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITE. FURTHERMORE, AROSE® DOES NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND AROSE® DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL OR INFORMATION.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL AROSE® OR ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THIS IS TRUE EVEN IF AROSE® OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The foregoing sections entitled, “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, the invalidity of that portion(s) shall not affect the validity of the remaining portions of the applicable sections. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under applicable law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Arose® and its Related Persons from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorney fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, Your use of Content, materials, or features available on the Site or Services in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by You of these TOU.
MODIFICATIONS TO THE SITE
Arose® reserves the right, at any time and for any reason, to modify, or temporarily or permanently discontinue, the Site or Services or any portion of them, with or without notice. You agree Arose® shall not be liable to You or to any third-party for any modification, suspension, or discontinuance of the Site or Services.
PAYMENT AND REFUND REQUESTS
You agree to pay all fees due for Services requested. You will see a prompt for Your payment details, such as Your credit card information and any promotional codes You may have. By entering Your payment information and submitting Your request, You authorize us, Our affiliates, or Our third-party payment processors to charge the amount due. In the event Your credit card expires or Arose®, Our affiliates, or Our third-party payment processors are unable to process Your payment, You may receive notice for You to provide an alternative payment method. Arose® does not have any obligation to provide any Services unless and until full payment has been received or verified, as applicable. If You register for Services via a subscription plan, You expressly acknowledge and agree that: (a) Arose® is authorized to charge Your credit card or other payment instrument in accordance with the terms of Your subscription plan for as long as Your subscription continues; and (b) Your subscription is continuous until You cancel it or Arose® suspends or otherwise stops providing access to its Site or Services in accordance with these terms.
If You dispute any charges, You must let Us know within thirty (30) calendar days after the date We charge You. To request a credit or refund, You must submit a claim by email at: drrozycki@arose-etherapy.com. The email must contain the following information: (i) the words "Refund Request" in the subject line; (ii) a detailed reason for the refund request, including the invoice number, if applicable; and (iii) the name and reasonable contact information for You or Your contact representative. Failure to provide the request and other information as required above may disqualify Your request for a refund. All approved refunds will be issued within thirty (30) calendar days of approval. Approved refunds will be paid using the payment method on file for the refunded party, or via any other method We determine is appropriate in Our sole and exclusive discretion.
GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION, VENUE, SEVERABILITY OF PROVISIONS; AND HEADINGS.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND AROSE TO RESOLVE ALL DISPUTES BETWEEN THEM THROUGH BINDING, INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AROSE.
These TOU and Your use of the Site shall be governed by the laws of the State of Colorado, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these TOU will be resolved exclusively by final and binding arbitration in Denver, Colorado under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. You agree the courts located in Denver, Colorado shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.
All parts of these TOU apply to the maximum extent permitted by law. Arose® and You both agree that if a party cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part the party cannot enforce, to the extent permitted by law. The invalidity of part of these TOU will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
NO WAIVER
No waiver by Arose® of any term or condition set forth in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Arose® to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.
THE PARTIES’ RELATIONSHIP
Neither these TOU, nor any Content, materials, or features of the Services create any partnership, joint venture, employment, fiduciary, or agency relationship between Us and You. You may not enter into any contract on Our behalf or bind Us in any way.
REMEDIES
You agree any violation, or threatened violation, by You of these TOU constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity.
ASSIGNMENT
You may not assign any of Your rights under these TOU, and any such attempt will be null and void. Arose® and its affiliates may, in their sole and exclusive discretion, transfer, without further consent from or notification to You, all contractual rights and obligations pursuant to these TOU if some or all of the business of Arose® is transferred to another entity by way of merger, sale of its assets, or otherwise.
PATIENT PORTAL
You may access Your patient User portal at: https://arose.patientsecure.me. Please select Client/Patient Login and then version 2.0. You may also click to the link at the top of each website page on this site.
How to Contact Us
Please contact Us at the below addresses to report any violations of these TOU, to ask questions, or to provide comments regarding Our Services or the Site.
Arose®, LLC
6547 N. Academy Blvd., #1276
Colorado Springs, CO 80918
561-570-2112
drrozycki@arose-etherapy.com