IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICE
DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.
“Healthcare Consultant” means any professional service provider who provides or facilitates Services on the Site that is not denoted on this Sited by roz as a Treating Provider for the specific Services being advertised or provided to you on or through the Site. Healthcare Consultants provide consulting services only and are prohibited from providing medical healthcare advice or services, including treatment and diagnosis, as part of the Services being advertised or provided to you on or through the Site.
“roz” means roz, LLC whose principal place of business is at 6400 Perkins Rd. Suite C2038, Baton Rouge, LA, 70808.
“Service” or “Services” means roz’s products, software, services, and website (including but not limited to text, graphics, images, and other material and information), including any telehealth or other telecommunications services, as accessed from time to time by the user, regardless if the use is in connection with an account or not.
“Treating Provider” means any licensed medical doctor or other licensed healthcare professional who provides or facilitates Services on the Site and is authorized by a state licensing board to provide medical healthcare advice and services, including treatment and diagnosis, and who is denoted on this Site by roz as a Treating Provider for the specific Services being advertised or provided to you on or through the Site.
roz offers the benefits of its Services and the Site conditioned upon your acceptance of these Terms, and your use or continued use of the Site constitutes your agreement to these Terms. In order to enjoy all the benefits of the Site, you must register and create a customer account. However, you may visit the Site without registering. All users of this Site agree that access to and use of this Site is subject to the Terms and other applicable law. If you do not wish to be bound by these Terms, do not access or use the Site.
By using this Site and registering for a customer account, you agree that you are at least 18 years of age and legally able to enter into a contract on your own behalf or on behalf of the minor child for which you have registered a subaccount.
It is your responsibility to review these Terms periodically. We may revise these Terms at any time without notice to you.
Note that special terms may apply to some features offered through certain services or products offered through the Site, like subscription-based services, rules for particular contests or sweepstakes, or other features or activities. These special terms are posted in connection with the applicable service or product offering. Any such terms are in addition to these Terms and, in the event of a conflict between any special term and a term contained within these Terms, the special term shall prevail.
You acknowledge that these Terms are supported by reasonable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials, and information available at or through the Site, the possibility of our use or display of User Submissions (as defined below), and the possibility of the publicity and promotion from our use or display of User Submissions.
Where expressly indicated, a roz provider may be a Treating Provider, i.e. a licensed medical doctor or other licensed healthcare professional who may provide you with medical healthcare advice and services, including treatment and diagnostic services. However, not every roz service provider is a licensed medical doctor or other licensed healthcare professional. Any roz service provider that is not a licensed medical doctor or other licensed healthcare professional is a Healthcare Consultant. Healthcare Consultants may not and will not provide you with medical healthcare advice or services. Your interactions with any Healthcare Consultant via the Site or Service are not intended to take the place of your relationship with a licensed medical doctor or other licensed healthcare professional, including your regular licensed healthcare practitioners. roz is not responsible and shall not be liable for any medical healthcare advice or service you obtain from a provider via our Site and/or the Service that is not expressly denoted to be a Treating Provider for the specific Services you have ordered. You acknowledge that your reliance on any medical healthcare advice or service via our Site or the Service from a provider that is not expressly denoted to be a Treating Provider for the specific Services you have ordered is solely at your own risk and you assume full responsibility for all risk associated therewith.
You hereby certify that you are physically located in the State you choose/have chosen as your current location. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this certification and that the providers you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify roz and the providers you interact with from any resulting damages, costs or claims.
With the exception of the information received directly by you from roz providers expressly denoted to be a licensed medical doctor or other licensed healthcare professional for the specific Services you have ordered, the information you receive from the Service should not be considered medical advice. The content on the roz website alone should not be considered medical advice. You should always talk to an appropriately qualified and licensed medical doctor or healthcare professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on this website alone represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, roz does not recommend or endorse any specific tests, providers, medications, products or procedures that is not expressly recommended by a roz provider that is a licensed medical doctor or other licensed healthcare professional and denoted as a Treating Provider for the tests, providers, medications, products or procedures at issue.
YOUR LICENSE TO ACCESS AND USE THE SITE
The content, information, software, designs, materials, functions, and data included in and contained on the Site (the “Content”) are protected by intellectual property and other federal, state, and local laws. You must comply with these and any other applicable laws when you use the Site.
We grant you a limited license to access and use the Site for personal, non-commercial use or in connection with your authorized purchase or sale of our products. In connection with these uses, roz grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to: access, copy, download, display, view, use, play, and/or print one (1) copy of the Content made available on the Site on a personal computer, mobile phone, other wireless device, or other Internet enabled device (each, an “Internet Device”), provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. This license does not include any resale or commercial use of this Site or its Content; any collection and use of any product listings or descriptions; any derivative use of this Site or its Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools. You are strictly forbidden from using roz’s name or trademarks, including any roz logo or slogan without express written consent from roz. Any business use, “re-mailing,” or high-volume or automated use of the Site is prohibited.
We reserve all rights in the Content and the Site that we do not specifically grant in these Terms. Without limitation, you may not modify, distribute, transmit, perform, broadcast, publish, license, reverse engineer, transfer or sell, or create derivative works from the Site or any Content unless you obtain our prior written approval. You also may not use the Site in a way that could harm any third party or us. For example, you may not use the Site in a way that could:
- Damage or interfere with the proper working of the Site;
- Intercept any Content or information that we have not intentionally made available to you or defeat any access controls that we have implemented;
- Give you access to the Site or Content using any interface other than the interface that we provide, or attempt to “scrape” or “harvest” Content, except if you use a “robot” program in connection with a bona fide internet search engine and we do not instruct you not to access the Site using that program;
- Frame the Site, display any Content in connection with an unauthorized logo or mark, or do anything that could suggest falsely a relationship between us and any other party;
- Convey unauthorized claims about the curative or health enhancing effects of our products or suggest that we have made such claims; or
- Otherwise adversely influence the operation of the Site, roz, or any third party.
Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity in our sole discretion. The sale or linking of our products on or to any third party e-commerce site, marketplace, or mobile application without our specific written consent is prohibited.
We reserve the right to change any information, features, and functions of the Site or any Content without prior notice. In addition to our other legal rights, we may refuse service, cancel orders, terminate accounts, and/or deny access to any or all parts of this Site if you engage in any conduct or activities for any reason, without prior notice to you, including if we determine, in our sole discretion, violate these Terms, our rights, or the rights of any third party.
By using the roz public Website, the roz secure Website and the roz telemedicine service, you signify your acceptance of the roz services Terms and Conditions and software provider End User Agreement. If you do not accept the roz services Terms and Conditions and software provider (SnapMD, Inc.) End User Agreement you should not use this service. If roz or software provider changes the Terms and Conditions or End User Agreement, they will post those changes prominently. Your continued use of the services and Websites following the posting of changes to these terms will mean you accept those changes. Changes to the Terms and Conditions and End User Agreement will become effective immediately upon posting on the roz Websites and shall supersede all prior versions of the Terms and Conditions and End User Agreement unless otherwise noted.
NO RESALE OF SERVICE
Other than pursuant to the terms of a separate written agreement between you and roz, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
OPERATION AND RECORD RETENTION
roz reserves complete and sole discretion with respect to the operation of the Service. roz may, among other things withdraw, suspend or discontinue any functionality or feature of the Service. Subject to applicable law, roz reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Service pursuant to its internal record retention and/or destruction policies
REGISTRATION AND ACCESS RESTRICTIONS
You are required to register for an account with us in order to use certain features of the Site. If you elect to take advantage of such features, you must register through the Site by completing the applicable registration form to create your account with a unique e-mail address and password. The decision to provide this information is purely optional; however, if you elect not to provide such information, you will not be able to access certain Content or participate in certain features of the Site. You agree to: (a) provide true, accurate, current, and complete information about yourself when we request it; (b) maintain and promptly update this information to keep it true, accurate, current, and complete to the extent the Site permits such updates; (c) use limited-access portions of the Site only using access credentials that we have issued to you; and (d) exit your account at the end of each session in which you have logged-in to the Site.
You are solely responsible for maintaining the security and confidentiality of any access credentials that we issue to you and you may not share them with any other person. You must notify roz immediately of any unauthorized use of your credentials or any other breach or threatened breach of this Site’s security. EVEN IF YOU NOTIFY US, YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTIVITIES THAT OCCUR USING YOUR ACCESS CREDENTIALS WHETHER OR NOT SUCH ACTIVITIES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATIONS, AND TRANSMISSIONS AND ALL CHARGES RESULTING FROM THE USE OF YOUR ACCOUNT.
You understand that roz or their authorized vendors and agents take no responsibility for and disclaim any and all liability or consequential damages arising from a breach of health record confidentiality resulting from my sharing or losing my password.
NO PROFESSIONAL ADVICE OR MEDICAL INFORMATION
EXCEPT FOR INFORMATION AND SERVICES PROVIDED BY AN INDIVIDUAL DENOTED BY ROZ AS A TREATING PROVIDER FOR THE SPECIFIC SERVICES THAT YOU HAVE PURCHASED THROUGH THE SITE, THE SITE DOES NOT PROVIDE MEDICAL OR OTHER PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT. THE INFORMATION INCLUDED ON THE SITE, INCLUDING SITE MATERIALS, TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THE SITE, ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES OR PRODUCTS OFFERED ON THE SITE ALONE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. SOME PORTIONS OF THE SERVICES MAY ALLOW YOU TO SUBMIT QUESTIONS EITHER TO US OR TO THIRD PARTIES WHO HAVE AGREED TO COMMUNICATE WITH OUR USERS. ALTHOUGH WE PROVIDE INFORMATION ABOUT OUR PRODUCTS THROUGH THE SITE, NEITHER OUR EMPLOYEES NOR THESE THIRD PARTIES ARE AUTHORIZED TO PROVIDE MEDICAL OR OTHER PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT THROUGH THE SITE. ALL MEDICAL OR OTHER PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT THROUGH THE SERVICE MUST BE PROVIDED VIA A TREATING PROVIDER WHOSE SERVICES YOU HAVE PURCHASED THROUGH THE SITE AND WHO HAS BEEN DENOTED BY ROZ AS A TREATING PROVIDER FOR THOSE SPECIFIC SERVICES PURCHASED. UNLESS ROZ HAS DENOTED A PROVIDER TO BE A TREATING PROVIDER AUTHORIZED BY ROZ TO PROVIDE YOU WITH MEDICAL ADVICE, DIAGNOSIS OR TREATMENT FOR THE SPECIFIC SERVICES YOU HAVE PURCHASED THROUGH THIS SITE, YOU SHOULD NEVER USE THE INFORMATION YOU OBTAIN ON THE SITE OR FROM ANY ROZ HEALTHCARE CONSULTANT FOR DIAGNOSIS OR TREATMENT OF ANY HEALTH PROBLEM OR IN PLACE OF ANY MEDICATION OR OTHER TREATMENT PRESCRIBED BY A LICENSED MEDICAL DOCTOR OR OTHER LICENSED HEALTHCARE PROVIDER. THE SITE ALONE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF A LICENSED MEDICAL DOCTOR OR OTHER LICENSED AND QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE ALONE.
If you choose not to purchase and use the services of a Treating Provider through our Site to answer your health-related questions or before using any of our products, please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Site. You should discuss any medications or nutritional supplements you are using with a licensed medical doctor or other licensed healthcare professional before using any new medications or supplements.
The statements on the Site or our products alone, including any statement found on the labeling and packaging of any products offered through this Site, have not been evaluated by the Food and Drug Administration. Unless expressly stated otherwise, our products are not intended to diagnose, treat, cure, or prevent any disease or illness.
GENERAL MEDICAL INFORMATION
This website may contain general information relating to various medical conditions and their treatment that is provided for informational purposes only. Such general content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The content relating to medical conditions and their treatment is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professionals. You should not disregard or delay seeking medical advice based on anything that appears in this website. YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
You should not use the general information contained on this website for diagnosing a health problem or disease. YOU SHOULD NOT CONSTRUE THIS GENERAL CONTENT AS ANY WARRANTY OR RECOMMENDATION OF TREATMENT.
roz does, however, also offer healthcare services and medical advice offered by licensed healthcare professionals. If you wish to receive such services and advice, you must register an account with and purchase those services from roz.
The Site may allow you to submit, embed, display, transmit, or otherwise distribute audio, video, text, or other materials (collectively, “User Submissions”) to or through the Site. When you provide User Submissions, you grant to roz a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable, and fully sub-licensable and transferable (in whole or in part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona, or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Submissions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
In your communications with roz, please keep in mind that roz does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, books, etc. (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Site are deemed User Submissions and licensed to us as set forth above. In addition, roz retains all of the rights held by members of the public with regard to your Unsolicited Ideas and Materials. roz’s receipt of your Unsolicited Ideas and Materials is not an admission by Company of their novelty, priority, or originality, and it does not impair roz’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials. Notwithstanding any custom and practice to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate entrants for their Unsolicited Ideas and Materials and there is no obligation for roz to pay or otherwise compensate you for any of your ideas or materials in any communications with us, whatsoever.
By providing User Submissions through the Site, you represent, warrant and covenant that you own those User Submissions or otherwise have the right to grant to us the rights described in this section. You further represent, warrant, and covenant that the User Submissions:
- Will be accurate and will comply with these Terms;
- Will be original with you or you have all necessary rights from third parties in order to post the User Submissions on our Site, without the need for any permission from or payment to any other person or entity to exploit, and to authorize us to exploit, such User Submissions in all manners contemplated by these Terms;
- Will be respectful of others’ opinions so we can continue to offer interactive features for everyone to enjoy;
- Will not cause injury to any person or entity, including as used by us in accordance with these Terms;
- Will not include medical or other professional advice;
- Will not be false, fraudulent, libelous, defamatory, sexually explicit, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable;
- Will not constitute or encourage violence or a criminal offense, violate the rights of any party, including intellectual property rights, or otherwise give rise to liability or violate any law;
- Will not impersonate any other person, user, or company, or may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company;
- Will not include other people’s’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
- Will not contain software viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Site or any computer or device used to access the Internet or political campaigning, chain letters, mass mailings, or any form of “spam”; and
- Will not contain advertise or promote a product or service or include advertising or other commercial material, except with our prior written consent.
We may refuse or remove a User Submission without notice for any reason, including our belief that a User Submission may violate these Terms or be otherwise objectionable. However, we will have no obligation to review, monitor, display, post, store, maintain, accept, or otherwise make use of User Submissions and you agree that neither we nor our employees or agents will be liable for your User Submissions or any loss or damage to you and/or to any other person or entity resulting from your User Submissions.
You are solely responsible for your interaction with other users of the Site, whether online or offline.You are and shall remain solely responsible for the User Submissions you distribute on or through any Site and for the consequences of submitting and posting same.
You should be skeptical about information provided by others, and you acknowledge that the use of any User Submission is at your own risk. We are not responsible or liable and, therefore, will not be liable to you for the conduct of any user or content of any third party’s User Submission. We do not endorse the opinions, advice, or recommendations posted or sent by users in any User Submission, and we specifically disclaim any liability in connection therewith. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities. If you discover any content that violates these Terms, then you may report it to firstname.lastname@example.org
We cannot and do not assure that other users are or will be complying with the foregoing or any other Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
CUSTOMER CONDUCT - UNLAWFUL AND PROHIBITED USE
As a condition of your use of the Services, you warrant to roz that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to:
- Use roz Services in an effort to obtain confidential information or intellectual property belonging to roz, including but not limited to its website platform; format of testing results, copyrighted materials, sales and marketing materials, and manner and method of carrying out its business operation.
- Upload, post, email, or otherwise transmit any material that violates any rights of any party, is derogatory, defamatory, obscene, offensive, unlawful, libelous, fraudulent, predatory of minors, threatening or hateful to any person or that might reasonably be construed as harassment or disparagement.
- Impersonate any person or entity, including, but not limited to, anyone affiliated with roz, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Use, modify, sell, assign or transfer the content or reproduce, display, publicly perform, distribute, post, transmit or otherwise use this website or any of its contents in any way for any public or commercial purpose.
- Add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
- Use this website as a means to distribute or post advertising or other unsolicited material to any third party.
- Download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner.
- Upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of roz or any other party.
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Distribute viruses or other harmful computer code.
- Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site, unless explicitly permitted by roz.
- Reverse engineer, disassemble or decompile any software included in the content.
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of roz’s website.
- Attempt to or actually override any security component of roz web services.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
- Violate these Terms, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with roz.
- Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that roz has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which roz may suffer) of any such breach. In case of breach of any one of these agreements roz has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify roz and its subsidiaries, parent companies and affiliates against any liability, costs, or damages arising out of the breach of the representation.
If roz has a reasonable ground to suspect that you have violated the terms of this Section, roz has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
GENERAL INFORMED CONSENT
By clicking the "AGREE" button you acknowledge that you are consenting to receiving care via the Service. The scope of care will be at the sole discretion of the healthcare provider who is treating you, with no guarantee of diagnosis, treatment, or prescription. The healthcare provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter via the Service. The Service respects and upholds patient confidentiality with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act ("HIPAA"), and, subject to HIPAA regulations, will obtain express patient consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or health care operations. In addition, by clicking the "AGREE" button you are authorizing roz to release your contact information solely in order to provide you with marketing materials promoting the Service. You may opt out of receiving such marketing materials by contacting us at email@example.com
INFORMED CONSENT FOR TELEHEALTH AND OTHER TELECOMMUNICATIONS SERVICES PERFORMED BY ROZ
We are providing this information on behalf of roz:
Telemedicine involves the use of electronic communications to enable health care providers at sites remote from patients to provide consultative services. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials (e.g. medical records, data from medical devices).
The communications systems used will incorporate network and software security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
You may form an ongoing treatment relationship with some roz Treating Providers. However, your initial visit with a Treating Provider will begin as a consultation (e.g. to determine the most appropriate treatment setting for you to receive care) and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended.
Anticipated Benefits of Telemedicine:
- Improved access to medical care by enabling a patient to remain at his or her home or office while consulting a clinician; and
- More efficient medical evaluation and management.
POSSIBLE RISKS OF TELEMEDICINE
As with any medical procedure, there are potential risks associated with the use of telemedicine. roz believes that the likelihood of these risks materializing is very low.
These risks may include, without limitation, the following:
- Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment.
- Security protocols could fail, causing a breach of privacy of personal medical information.
- Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.
- I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine; I have received the roz Notice of Privacy Practices which explains these issues in greater detail.
- I understand that telemedicine may involve electronic communication of my personal medical information to medical practitioners who may be located in other areas, including out of state.
- I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
- I understand that my healthcare information may be shared with other individuals for treatment, payment and healthcare operations purposes. Psychotherapy notes are maintained by clinicians but are not shared with others, while billing codes and encounter summaries are shared with others and with me. If I obtain psychotherapy from roz, I understand that my therapist has the right to limit the information provided to me if in my therapist's professional judgment sharing the information with me would be harmful to me.
I further understand that my healthcare information may be shared in the following circumstances:
- When a valid court order is issued for medical records.
- Reporting suspected abuse, neglect, or domestic violence.
- Preventing or reducing a serious threat to anyone's health or safety.
PATIENT CONSENT TO THE USE OF TELEMEDICINE
LINKS TO THIRD PARTY SITE
Nor can we be held responsible for the accuracy, relevance, legality, or decency of material contained on Services retrieved in searches and/or listed in search results or identified on search results pages.
The Site allows you to purchase products or services. To purchase products or services through the Site, you must: (a) be at least eighteen (18) years of age; (b) provide us with valid payment information associated with a credit card or other payment method that you are authorized to use; and (c) authorize us to charge your credit card or other payment method for the price of the products or services that you request, together with any taxes, fees, or shipping charges described on the Site.
We stand behind the products and services that we sell, and our return policy will apply to purchases from the Site. If you would like to exchange or return a product, or for more information, see our Return Policy at http://roz.com/returns
In general, we accept returns for a limited period of time following a purchase, and your sole remedy if you are dissatisfied with a product that you have purchased through the Site will be to return the unused portion of the product for a refund. After the return period has expired, all sales are final, and we will not accept returns or issue refunds.
In offering product descriptions on the Site, we attempt to be accurate, but we do not warrant that any product description is accurate, complete, or error-free, nor do we represent that any product will diagnose, treat, cure, or prevent any disease or illness. If you receive a product and believe that it materially differs from the product description, your sole remedy will be to return the product to us for a refund in conformance with the return policy listed on the Site. Likewise, we attempt to list the current price for each product that we sell, but a small number of products may be mispriced. In these cases, we will notify you before shipping the product of the corrected price and will either cancel your order or give you an opportunity to cancel your order or decide to keep your order.
BILLING AND PAYMENTS
We accept the following bank or credit cards: Visa, MasterCard, American Express, and Discover. You may be charged state and local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, a company representative may contact you directly to update your account information.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
DEALINGS WITH INFORMATION PROVIDERS AND LISTED RESOURCES
Your correspondence or business dealings with, or participation in promotions of, information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that roz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish, or otherwise share roz coupons and promotional codes unless the terms of the coupon or promotional code expressly allow you to do so. We reserve the right to cancel orders when we have reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse, or fraud. We reserve the right to terminate a coupon or promotional code offering at any time, with or without notice, and/or set expiration dates for such offers at any time and in our sole discretion. Coupon codes and promotional codes are not valid on prior purchases. All conditions stated on the Coupon must be met to receive the discount (e.g. a coupon must be used before its expiration date). We reserve the right to place additional limitations on the use of any Coupons and promotional codes.
When you access or use the Site, send e-mails to us, or receive electronic communications from us, you are, and consent to, communicating with roz electronically. We may communicate with you by e-mail or by posting notices through one or more of the Site. You agree that all notices, disclosures, agreements, policies, and other communications that roz provides to you electronically satisfy any requirement that such communications be in writing.
By confirming your order for shipment outside the United States, you agree to the additional terms contained in this section.
If any package is returned to us because of an incorrect address, because you refuse the package, or for any other reason other than solely because of our error, you will be responsible for our shipping costs for the return and reshipment of the package. If the cost to return the package to us exceeds the cost of the goods ordered, or if you have ordered products that we are informed cannot be imported into the country of intended delivery, we may instruct the shipping company to abandon the package, but even if we do so, you will remain responsible for payment.
Additionally, you are considered the importer of record for all shipments from us, and must comply with all laws and regulations of the country of destination and all laws and regulations the United States imposed on exports to that country. You agree to pay any fees, fines, or other costs charged to us or to you in connection with any non-compliance with laws and regulations of the country of destination.
If we decide to allow return of an item that has been rejected because of import or other legal compliance issues, we will refund the purchase price of the merchandise, less any charges we incurred in connection with the shipment, such as quarantine fees, exam fees, demurrage charges, or warehousing fees assessed in the destination country or in the United States upon return of the goods, and less the shipping costs to return the package to us.
Supply of goods, services, and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services, or software through the Site if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, or Entity List or 2) you intend to supply the acquired goods, services, or software to Cuba, Iran, North Korea, Sudan, or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, or Entity List.
The Service is designed for and intended for users in the United States. However, not all Services of roz are available in every state of the United States. Services required to be delivered through a Treating Provider are designed for and intended for users in those states in which a roz Treating Provider is licensed to provide such Services. roz makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
ROZ’S PROPRIETARY RIGHTS
You acknowledge and agree that roz (or roz’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services regardless of whether those rights happen to be registered or wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by roz and that you shall not disclose such information without roz’s prior written consent. You acknowledge and agree that roz (or roz’s licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services regardless of whether those rights happen to be registered or wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by roz and that you shall not disclose such information without roz’s prior written consent.
You further acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by roz, you agree not to or permit anyone else to modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end users through the Services, is the copyrighted work of roz and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
roz, LLC, roz, and other roz logos and product and service names are trademarks of roz and these marks together with any other roz trade names, service marks, logos, domain names, and other distinctive brand features are the “roz Marks”. Unless you have agreed otherwise in writing with roz, nothing in the Terms of Service gives you a right to use any roz Marks and you agree not to display, or use in any manner, roz Marks.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services.
Unless you have been expressly authorized to do so in writing by roz, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
For any Software not accompanied by a License Agreement, roz grants you a personal, non¬transferable, and non¬exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by roz, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by roz, in the manner permitted by the Terms of Service. Unless roz has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by roz for use in accessing the Service. Any rights not expressly granted herein are reserved.
COPYRIGHT INFRINGEMENT NOTICE
We respect the intellectual property rights of others. If you believe that Content on the Site violates your copyright, please send us a notice using the following contact information:
6400 Perkins Rd.
Baton Rouge, LA 70808
Attention: Intellectual Property
Telephone: 1-833-ASK4ROZ (275-4769)
Fax: (225) 410-3106
This contact information is only for notices of copyright infringement. Contact information for other matters is listed at the end of these Terms.
Your notice must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted 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;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- 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
- 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.
Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c) (3)), we will act expeditiously to remove or disable access to any Content that is claimed to be infringing upon the copyright of any person under the laws of the United States and will terminate the access privileges of those who repeatedly infringe on the copyrights of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE OR THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, THAT THE SITE WILL BE SECURE, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE OR OTHERWISE FREE OF HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE MATERIAL OR INFORMATION ON THE SITE OR THE USE OF THE MATERIAL OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY OF ANY KIND. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR EMAIL OR PASSWORD. ROZ CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO: (1) THE USE OF THE SITE (INCLUDING ANY DELAY OR INABILITY TO USE THE SITE); (2) ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; OR (3) OUR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU AGREE THAT ANY DISPUTE PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR DISPUTES INVOLVING US THAT ARE NOT WAIVED BY THESE TERMS WILL BE TO DISCONTINUE YOUR USE OF THE SITE AND TO SEEK A REFUND OF THE MONEY YOU PAID TO US, IF ANY, DURING THE THREE (3) MONTHS PRECEDING YOUR INITIATION OF THE CLAIM OR DISPUTE. (SUCH A REFUND, IN ANY CASE, WILL BE GOVERNED BY THE APPLICABLE REFUND POLICY AND THE TERMS OF SALE SPECIFIED ON THE SITE OR IN THESE TERMS.)
YOU HEREBY RELEASE AND HOLD ROZ, ITS LICENSORS, SUPPLIERS AND PROVIDERS AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
YOU ACKNOWLEDGE AND AGREE THAT, UNLESS YOU PURCHASE AND USE THE SERVICES OF A ROZ TREATING PROVIDER THAT IS AUTHORIZED BY ROZ TO PROVIDE THE MEDICAL ADVICE AND SERVICES YOU PURCHASE, ROZ IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICE. ROZ, ITS LICENSORS, SUPPLIER AND ALL THIRD PARTIES WHO PROMOTE THE SERVICE OR PROVIDE YOU WITH A LINK TO THE SERVICE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICE, INCLUDING, BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE, THAT IS NOT DELIVERED THROUGH A TREATING PROVIDER THAT IS AUTHORIZED BY ROZ TO PROVIDE MEDICAL ADVICE AND SERVICES AND WHOSE SERVICES YOU PURCHASED THROUGH THE SITE.
You agree to indemnify, defend, and hold harmless roz and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and arbitration and/or court costs, arising from or in connection with your use of the Site or our products or services (including negligent or wrongful conduct) or any violation or alleged violation of these Terms or applicable law by you or by any other person accessing the Site using your customer account. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case; you agree to cooperate with us in the defense of such matter. You may not settle any claim covered by this Section or admit any liability on the part of roz without roz’s prior written approval.
roz is committed to resolving all disputes in a fair, effective, and cost-efficient manner. We seek to resolve any customer concerns through our Customer Support at 1-833-ASK4ROZ (275-4769). However, if you are dissatisfied with our client service’s resolution of your matter, these Terms provide that disputes will be resolved in binding arbitration or in small claims court in East Baton Rouge Parish, Louisiana. Our arbitration agreement, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. We will abide by the terms of our current arbitration provision in all instances.
(a) We and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted and include:
- Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
- Claims that arose before these or any prior versions of our Terms (including, but not limited to, claims relating to advertising);
- Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- Claims that may arise after termination of these Terms
For the purposes of this Arbitration Agreement, references to “roz”, the “Company”, “we,” and “us” include roz, LLC’s respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by accessing and using this Site, you and we are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to roz should be addressed to: Notice of Dispute, roz, LLC, 6400 Perkins Rd. Suite C2038, Baton Rouge, LA, 70808 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received by us, you or roz may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by roz or you prior to selection of an arbitrator shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or roz is entitled.
(c) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be bound by these Terms. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing.
You and we agree that in any arbitration of a dispute or claim, neither of us will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which we were a party.
We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of the Company’s last written settlement offer made before an arbitrator was selected, then we will pay you either the amount of the award or $2,000 (“the alternative payment”), whichever is greater.
(e) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, the alternative payment, and attorneys’ fees at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(f) All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
CHOICE OF LAW, JURISDICTION, AND VENUE
The laws of the State of Louisiana shall govern these Terms, the relationship between you and roz, and any dispute of any sort that may arise between you and roz, without regard to conflict of laws rules, as if entered into by residents of Louisiana and fully performed therein. For any claim that falls outside of the mandatory arbitration provision set forth above, you irrevocably consent to the jurisdiction of the state and federal courts located in or serving East Baton Rouge Parish, Louisiana and any claim brought by you falling outside of the mandatory arbitration provision must be brought in the United States District Court, Middle District of Louisiana as long as that court has subject matter jurisdiction over the claim. If the court lacks subject matter jurisdiction, such claims must be brought in any court having subject matter jurisdiction over the claims that is located in or serving East Baton Rouge Parish, Louisiana. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Site or these Terms, including any claim or action arising in contract, within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
We make no representation that Content on any Site is appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
Notices to you may be made electronically via either email or may be made by regular mail. roz may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Site or through the roz Services
ELECTRONIC CONTRACTING AND NOTICES
Your assent to these Terms by clicking the "AGREE" checkbox. You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting Notices on the Site or otherwise providing any Notice through any Service. The delivery of any Notice from us electronically is effective when sent by us, regardless of whether you read or actually receive the Notice. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.
Official notices related to this Terms of Service must be sent to us at:
ATTN: CUSTOMER RELATIONS – TERMS OF SERVICE
6400 Perkins Rd.
Baton Rouge, LA 70808
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Site following the posting of changes to these terms or other policies means you accept the changes.
If you violate the terms of these Terms and/or roz has a reasonable ground to suspect that you have violated the terms of these Terms, roz has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
These Terms constitute an agreement between you and roz, which roz may terminate in its sole discretion, in whole or in part, at any time and for any reason. If roz terminates this agreement with you, you may no longer access the Site. Upon termination of this agreement and/or your access to the Site, you will immediately destroy any copies of any Content, whether in printed or software format. Otherwise applicable portions of the Terms survive termination of these Terms, including applicable portions of the sections relating to No Professional Advice or Medical Information; User Submissions; Links to Third Party Websites; Electronic Communications; Warranty Disclaimers; Limitation of Liability; Indemnification; Arbitration; Arbitration Agreement; Choice of Law, Jurisdiction, and Venue; Termination; and Entire Agreement, Severability, No Waiver.
ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
HOW TO CONTACT US
If you have any questions or comments about these Terms or the Site, please contact us by:
Phone: 1-833-ASK4ROZ (275-4769)
Mail: roz, LLC
6400 Perkins Rd.
Baton Rouge, LA 70808
Thank you for using our Site.
Last Updated: 10/6/17
We here at roz (hereinafter “roz,” “we,” or “our”) believe that your access to and control over your personal information is an important right.
roz is committed to protecting your privacy and your personal information.
Because we understand that you may be concerned about your information being inappropriately used by employers, insurers, or others, roz has developed security controls, including controls for its website and computer networks and databases, to protect your information.
roz is committed to protecting the privacy of your information. Nevertheless, we do collect information from you to provide additional content and process orders.
The following are our core privacy principles:
- We collect and handle information (i) to provide, analyze and improve our Services, (ii) as we reasonably believe is permitted by laws and regulations, such as for marketing and advertising purposes, and (iii) as reasonably necessary to comply with laws and regulations, and to protect the security and safety of our company, employees, customers and others.
- We will not sell, lease, or rent your information to any third party or to a third party for research purposes without your explicit consent.
- We are committed to providing a secure and safe environment for our Services.
roz is a healthcare provider and a Covered Entity governed by the federal health care privacy and security law known as the Health Insurance Portability and Accountability Act (HIPAA). It is also a Business Associate of health care providers that are Covered Entities under HIPAA. Your personal information will be stored in a secure manner. We have implemented a variety of commercially standard encryption and security technologies and procedures to protect your personal information which is stored in our computer systems from unauthorized access. We also maintain standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.
You may access the public part of the roz website, www.roz.com, without registering for an account.
To view all the content and features of our website (hereinafter “Site”), you may need to register for an account with roz.
The information collected and stored by us depends on how you access our website and whether you choose to register for a roz account and order roz services.
This policy applies to information we collect:
- Directly or indirectly on this Site that is entered by you, that is entered by us based on information collected from you or a service provider, that is entered by any of our service providers, including, for example, any healthcare provider, any life wellness consultant or service provider and any diagnostic laboratory.
- In email, text and other electronic messages between you and this Site.
- When and where available, through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site.
Unless expressly included above, it does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
- Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Site.
There are two ways you can view and interact with the roz website:
Access roz website without registration
You may access and use our website without registration. The public portion of our website is viewable at www.roz.com. You may view the public portion of our site without registration, and registered users may view the site without logging in. Under these circumstances, we only collect non-personal information.
Access roz website via registration
In order to view all the content and features of our website you will need to register an account with roz. At the time you choose to do this, we collect and store personally identifiable information.
COLLECTION AND USE OF INFORMATION
When viewing the public portion of the roz website, we collect non-personal information. Non-personal information is information that is not traceable back to your person or used to identify you, and includes such information as which pages of our website were visited, the order in which they were visited, the length of time spent on each page, which hyperlinks were followed and what other functionalities and aspects of the website were utilized. In order to collect this information, our server logs the IP addresses, operating system, and browser software used by each user of our website. Such information does not personally identify you, but does record the IP address of a user’s Internet Service Provider and the geographic location of connectivity.
Non-personal information is also collected through the use of our site tracking and standard web “cookies”. These are small data files that are stored on the hard drive of a computer used to view websites, and that are accessible only by the party or site that placed the cookie on the hard drive. Cookies are unable to execute any code or virus. We only utilize cookies to optimize our website functionality and user experience. You do not need to accept cookies on your computer in order to use our website. Most internet browsers allow you to choose settings that control whether and how cookies will be accepted by your browser. Instructions can usually be found in the “Help” section of the browser toolbar.
We collect non-personal information to improve the performance, content, and functionality of our website. When users view the public portion of our website (i.e. without registering or without logging in), we collect and cumulate which pages of our website were visited, the order in which they were visited, the length of time spent on each page, which hyperlinks were followed and what other functionalities of the site that were utilized.
Personally Identifiable Information
We do collect personally identifiable information that you provide when you register as a client and/or purchase a product or other service from roz.
When you register, you will provide a valid e-mail address, which will serve as your username. Your username/e-mail address is unique and will specifically identify you. If you attempt to register an e-mail address that is already registered by another roz Member, you will be prompted to choose another e-mail address. The e-mail address must be valid and you must be able to access it in order to activate your account and/or make a purchase. At the time you choose to provide this information, you will be prompted to enter a password. This password is required to login to your account and may be changed by you when logged in. It is important that your email address be kept current because that is the primary manner in which we communicate with you.
You may change your e-mail when logged in as a user. Should you forget your password, we can send it to your registered e-mail upon request. Your unique username/e-mail address and password allow you to gain access to the non-public portion of our site, including your personal and secure account. You are responsible for maintaining the confidentiality of your personal account by not disclosing your username/e-mail address and password combination to others.
Additional personally identifiable information is collected in order for you to purchase products or specific services. This includes your billing, shipping, and payment information (e.g. credit card information). This information is collected to process your order and process payment for the order. All purchases are made via credit card or debit card and are processed through third parties. These third parties are provided your billing and shipping information that is necessary to provide the e-commerce service. We do not disclose, nor allow these third parties access to your other personal information in your account.
As a healthcare provider that is a Covered Entity and a Business Associate of health care providers that are Covered Entities under the federal health care privacy and security rules (HIPAA and HITECH), we maintain protected health information (PHI) in compliance with these rules and our contractual obligations with health care providers.
We collect information solely for the purposes of providing the Services, marketing and promoting our Services to you and for market research data.
By using our Services, you are giving consent to this information collection and use. However, you may "opt out" of roz using your personal information for marketing or market research purposes and from receiving direct marketing or market research information by emailing us at firstname.lastname@example.org.
We maintain web logs to record data about all visitors who use this site and interact with the Services and we will store this information. These logs may contain IP address information, types of operating system you use, the date and time you visited the site, and information about the type of device you use to connect to the Services.
All Web logs are stored securely and are accessible to a very limited number of employees and contractors, who have to adhere to strict guidelines regarding user data security and privacy.
The information we collect automatically is statistical data and may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Site and to deliver better and more personalized services, including, but not limited to, by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Site according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Site.
The technologies we may use for this automatic data collection include:
- Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of our the Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Site and its contents to you.
- To provide you with information, products or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your account, including expiration and renewal notices.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Site, our policies, terms or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Site.
- In any other way we may describe when you provide the information.
We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at email@example.com to opt out.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated or de-identified information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Site users is among the assets transferred, and you agree to and do hereby consent to our assignment or transfer of rights to your personal information.
- To third parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Promotional Offers from Us. If you do not wish to have your email address or other contact information used by us to promote our own or third parties’ products or services, you can opt-out by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to firstname.lastname@example.org. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by adjusting your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request email@example.com.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative their website.
ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your personal information by logging into the Site and visiting your account profile page. You may also send us an email at firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Security of Information Collected
We use account information in a password-protected environment as a security measure to protect your data. We use administrative, physical and technical safeguards to protect data. We maintain a high level of data protection via safeguards such as data backup, audit controls, access controls, and some data encryption. Our Site and the Services use industry standard SSL encryption to enhance security of electronic data transmissions. roz is responsible for ensuring the security of your credit card/cardholder data that may be stored, processed, or transmitted on your behalf, in the context of a telehealth visit or your purchase of other services or products on our Site. roz will maintain all applicable PCI DSS requirements to the extent that it has access to, or otherwise stores, processes or transmits cardholder data. In addition, we urge you to take precautionary measures in maintaining the integrity of your data. Please be responsible in making sure no one can see or has access to your personal account and your username/e-mail address and password information for our Site. If you use a public computer, e.g., a computer at your place of employment, an internet café, a coffee shop, a library, a university, etc., always remember to log out of the Site or Services.
If you use our Site or Services through any public place such as your employer's computer network, an internet café, library, university, coffee shop or other potentially non-secure internet connection, such use is at your own risk. It is your responsibility to check beforehand on your employer's or such other site's privacy and security policy with respect to Internet use.
We are not responsible for your handling, sharing, re-sharing and/or distribution of your personal health information. Moreover, if you forward personal health information electronically to another person on or off the Site or Service, we are not responsible for any harm or other consequences from third party use or re-sharing of your information.
Third-Party Sites/Trusted Relationships
As noted above, roz is a health care provider and is also a Business Associate of healthcare providers under HIPAA. Therefore, we share information with healthcare providers who provide services to our users, and they share information with us, for purposes related to treatment, payment and our healthcare operations, and otherwise as agreed or authorized by you.
roz is committed to protecting the privacy of its clients, including minors. Our website and services are not intended to attract minors. A parent or guardian may order products and/or healthcare services on behalf of his or her minor child by creating a subaccount for the minor child. However, as the parent or guardian, you are responsible for maintaining the privacy of that account information and shall not allow your minor child to access our Site or Services on their own and without your supervision.
With the exception of subaccounts established for minor children of whom you are a parent or legal guardian, you agree that you will not create more than one roz account or create an account for anyone other than yourself without first receiving permission from the other person.
You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms and Conditions.
DISCLOSURES REQUIRED BY LAW
There is the possibility that personal information may be subject to disclosure pursuant to judicial or other government subpoenas, warrants, or orders. If we are legally compelled in the future to disclose personally identifiable information about you to satisfy a court order, subpoena, government request, law, regulation or other legal process, roz will use reasonable and lawful efforts to limit the scope of any such legally required disclosure. In the event roz is directed to make such a disclosure, we will make every attempt to notify you in advance insofar as we are legally permitted to do so.
NOTICE OF PRIVACY PRACTICES
The practices or policies of our service providers that have been provided to us are available for your review by clicking here: https://roz.com/Roz/TermsPrivacy. Note that by accepting these Terms and Conditions you are also acknowledging receipt of and are accepting all policies and practices that have been made available to you at the following link: https://roz.com/Roz/TermsPrivacy .
HOW TO CONTACT US
Privacy Administrator roz
ATTN: CUSTOMER RELATIONS – TERMS OF SERVICE
6400 Perkins Rd.
Baton Rouge, LA 70808
* roz is headquartered at 6400 Perkins Rd. Suite C2038, Baton Rouge, LA, 70808 and is referred to herein as roz (or “we” or “our”) and includes our subsidiaries, parent companies, affiliates and all other commonly owned companies.