Revision Date: June 28, 2018
ChronWell, Inc.
Terms of Use
(Injured Party)
Please review these Terms of Use carefully. By clicking “I agree” as a part of your initial access to ChronWell’s mobile
application, or by your use of any ChronWell website, you agree that these Terms of Use will govern your relationship
with ChronWell, Inc. (referred to as “ChronWell,” “we,” “us,” or “our”). In these Terms of Use, “you” or “your”
refers to the injured individual, or an individual acting on the injured individual’s behalf, who is accessing
our services.
ChronWell’s Relationship with You
ChronWell is here to assist you with your workers compensation claim and help you with your treatment and recovery.
This is a free service to you. We are paid by either your employer or your employer’s workers compensation insurance provider,
in hopes that by assisting you with your claim and with the treatment of your injuries, you are more likely
to be properly treated for your injuries and to recover more quickly.
We are NOT a substitute for your own or a healthcare professional’s judgment about the treatment of your
injury.
While we can assist you, all decisions related to how your injuries are managed, the healthcare professionals you use, and
what needs to be done related to your workers compensation insurance claim are completely up to you.We are
not doctors, and we do not provide medical advice to you. All of our suggestions to you are just that—suggestions.
You remain responsible for your care and treatment, as well as addressing any workers compensation claim.
Your Privacy
Our collection of your information and our uses of them are more specifically described in our Privacy Policy, which may
be found at
https://legal.chronwell.com/privacy-policy/en. The Privacy Policy describes in detail how we receive
your personal information, what personal information we collect, how we use your personal information, and
to whom we provide your personal information. Please refer to the Privacy Policy for complete details.
Generally speaking, we collect personal information about you for the purposes of providing our services—to you, to your
employer, to the applicable workers compensation insurance provider, and to contractors of your employer
or the workers compensation provider. Because our services relate to your health, your work, your injury,
your insurance, your treatment, your recovery, and the like, we obtain significant amount of personal information
about you.
While we believe that your use of our services can be beneficial to you, your employer, and the applicable workers compensation
insurance provider, some of the information we collect may be used to determine whether you have falsified
your workers compensation claim, especially if the information we receive or capture is inconsistent with
the workers compensation claims you have made. As with many things in life, it is important not to lie. Misrepresentations
to your employer or insurance company may be criminal, result in civil liability, could result in the loss
of insurance benefits, or could result in your being fired by your employer.
The information in this section of the Terms of Use are a general description and not a comprehensive description of what
personal information we collect or receive, so you should refer to the Privacy Policy itself for more details.
You consent to our collection and use of your information as described in our Privacy Policy.
Contact Information
If you have questions about these Terms of Use or about our services, please contact us at
terms@chronwell.com.
ChronWell Services Generally
We provide services designed to assist individuals and companies with the management of workers compensation claims. As a
part of those services, we may interact with you through our website (“our website”), by sending you and
receiving from you text and email messages, by our providing written materials to you, through a mobile device
application that you can download from the Apple AppStore or Google Play (“our app”), through our interactive
telephone systems, and through conversations with our personnel. These Terms of Use collectively refer to
all services that we provide to you, together with your rights to use and access our website and our app,
as “our services.” While we will sometimes refer to our app, our website, and our services in combination
with each other for emphasis, the use of “our services” in these Terms of Use includes all means through
which you access our services.
The services that we may provide to you are broadly categorized below, along with examples of the kinds of services we provide.
The specific services we make available to you will vary depending on what your employer or its insurer asks
us to do.
Recovery Assistant by ChronWell™: We provide assistance with determining the potential severity of a particular
injury and provide suggestions for the appropriate level of healthcare services for the nature of your injury.
For minor injuries that normally do not require the immediate attention of a healthcare provider, we may
also provide general guidance about the kind of self-care that is regularly suggested for those types of
injuries.
ChronWell™: We receive information from you and your employer about you and the
nature and circumstances of your injury. We provide that information to your employer, to your employer’s
workers compensation insurance company, to service providers to your employer or workers compensation insurance
company, and to certain healthcare professionals. We can also provide information about what healthcare providers
are on your medical and workers compensation insurance plans. Depending on the services your employer or
its insurer requests us to provide, we may also offer other services to you. Those services may include,
among others, assistance with scheduling appointments, providing reminders of appointments, assistance in
arranging transportation, and help coordinating insurance payments to which you are entitled.
ChronWell provides some of these services directly to those individuals who have been injured, along with those individuals
who are authorized to act on behalf of an injured individual, such as a spouse, guardian, or adult child
of an injured individual.
Our App
We may provide you with access to our app, for your use with other parts of our services. Your use of our app is subject
to these Terms of Use, as well as the terms and conditions that you must agree to as a part of the download
and initial use of our app.
Limitations of Our Services
The information we provide and suggestions we make about the treatment for your injuries are generally the kind of information
you would receive from a “triage” nurse. We help determine the appropriate level of healthcare based on information
that you provide and based on the regularly-suggested kinds of treatment for the kinds of injuries you tell
us you have suffered. The information we provide to you is heavily dependent on what you tell us. If the
information you provide us is incomplete or inaccurate, our suggestions to you might be different than if
we knew the whole story.
Not all injuries of a similar nature should treated the same way. Our suggestions to you are based on a customary way that
a particular injury is addressed and may not be appropriate for your particular situation.
Your Responsibilities
Registration
For you to use our services, you must register and provide the required information indicated on the registration form. You
represent to us and warrant that all information provided by you in connection with registration is true,
accurate, complete and up-to-date, and you agree to make any changes necessary to your user profile on our
services to ensure that such information is true, accurate, complete and up-to-date at all times.
Our App and Our Website
When you first use our app and access our website, you will be required to register. Use of our app and our website is personal
to you and non-transferable. You will not allow anyone else to use our website using your ID and password
or use our app. You are responsible for all use of our services, regardless of the identity of the person
making such use. ChronWell and its licensors and suppliers will not have any responsibility or liability
in connection with any unauthorized use of our app, our website, or our services. You will immediately notify
us if you become aware of a breach of security with respect to our app, our website, our services, or of
any other breach of security.
Your Information
You are responsible for the accuracy, quality, and legality of the information you provide to us. You will use reasonable
efforts to prevent unauthorized access to or use of our services. You will notify us promptly if you become
aware of any unauthorized access or use. You will use our services only in accordance with these Terms of
Use. You will comply with all laws applicable your use of our services.
You will not:
- make any of our services available to, or use our services for the benefit of, anyone other than yourself
(other than if you are a spouse, guardian, or adult child of the person suffering the injury and are
acting on the injured person’s behalf);
- lease, license, sell, sublicense, or otherwise transfer access to or use of our services;
- interfere with or disrupt the integrity or performance of our services;
- attempt to gain unauthorized access to any of our services;
- permit direct or indirect access to or use of our services in a way that circumvents any usage limits;
- copy our services or any part, feature, function, software, or user interface of our services;
- access or use our services in order to create or facilitate the creation or distribution of a competitive
product or service; or
- reverse engineer any of the software we use to provide our services.
License to Use Your Information
We do not claim ownership rights in the information you provide to us. However, by uploading, submitting, emailing, posting,
texting, publishing, providing, approving, sharing or otherwise making available any of your information
to us, you hereby grant us a nonexclusive, worldwide, royalty-free, sublicenseable, perpetual and irrevocable
right and license to use, store, reproduce, modify, adapt, and prepare derivative works based on, perform,
display, publish, distribute, transmit, broadcast, and otherwise use the information you provide in any form,
medium, or technology now known or later developed, including, without limitation, information you provide
on our website, through our app, through our voice response system, in email or text responses, in discussions
with our personnel, or otherwise. However, our rights to use your information are limited by our Privacy
Policy and the section below entitled “Use of De-identified or Aggregated Information.” You represent and
warrant to us that you own or have the necessary licenses, rights, consents, and permissions to grant the
foregoing licenses to us. We shall own all right, title and interest in and to all derivative works and compilations
of your information that are created by us, including all worldwide intellectual property rights therein.
You agree to execute and deliver such documents and provide all assistance reasonably requested by us to
give to us the full benefit of the rights granted to us by you.
Our Ownership
Generally
We and our licensors own all right, title, and interest, including, without limitation, all worldwide intellectual property
rights, in all content and information in our services, all information we send to you, and the trademarks,
service marks, and logos contained therein. You will not remove, alter or conceal any copyright, trademark,
service mark or other proprietary rights notices incorporated in or accompanying our content and information,
other user information or related products or services.
Disclaimer
e have no ability to control the information of other users that are uploaded, posted, transmitted, provided, or otherwise
made available using our services and do not have any obligation to monitor such information for any purpose.
We do not endorse any such information or any opinion, recommendation, or advice expressed therein and you
agree to waive, and hereby waive, any legal or equitable rights or remedies you have or may have against
us and our licensors and suppliers, with respect thereto.
Copyrighted Materials
If you become aware of misuse of our websites or content or information thereon by any person, please contact us to report
any abuse. We’ve adopted and implemented a policy that provides for the termination accounts of users who
infringe the rights of copyright holders. Please see our Copyright and Intellectual Property Policy for further
information.
Use of De-identified or Aggregated Information
You agree that data derived by us from our performance or operation of our services or input by you may be used for the purposes
described in our Privacy Policy at Section 6.D. As stated in the Privacy Policy agree that we may use such
“de-identified data” (as defined in the Privacy Policy) may be used by us for any lawful purpose. Notwithstanding
anything contained in these Terms of Use, de-identified data shall not contain any information that identifies
or can be reasonably used to identify you or any other individual person.
Limitations on the Content You Provide to Us and Our Services
You will not use our services to:
- defame, abuse, harass, stalk, threaten any individual, or infringe or otherwise violate the legal rights
(such as rights of privacy, publicity and intellectual property) of us or of others;
- distribute any harmful, inappropriate, profane, vulgar, infringing, obscene, false, fraudulent, tortuous,
indecent, unlawful, or otherwise objectionable material or information (including any unsolicited commercial
communications);
- engage in or encourage any conduct that could constitute a criminal offense or give rise to civil liability
for us, including, without limitation, the offering or facilitation of prostitution or sex trafficking;
- misrepresent or in any other way falsely identify yourself or your affiliation, including through impersonation
or altering any technical information in communications using our services;
- transmit or upload any material through our services that contains viruses, trojan horses, worms, time bombs,
cancelbots, or any other programs with the intent or effect of damaging, destroying, disrupting, or otherwise
impairing our or any other person’s or entity’s network, computer system, or other equipment;
- interfere with or disrupt our services, networks, or servers connected to our systems or violate the regulations,
policies, or procedures of such networks or servers, including unlawful or unauthorized altering any
of the information submitted through our services;
- attempt to gain unauthorized access to our services, our other customers’ computer systems or networks using
our services through any means; or
- interfere with another person’s use of our services.
We may, but have no obligation to, monitor your use of our services.
Removal of Your Content
If we are requested by any third-party rights holder to remove content that you provided to us or that is a part of our services,
or if we receive information that such content provided to us through our services may violate applicable
law or third-party rights, we may discontinue your access to such content, or may notify you that you must
discontinue all use of such content, and to the extent not prohibited by law, you will immediately cease
all such use. We may also disable the applicable content and your access to our services until the potential
violation is resolved. We are authorized to provide a copy of that confirmation to any third-party claimant
or governmental authority, as applicable.
Termination of Our Services
We will only provide services to you so long as either your employer or your employer’s workers compensation insurance provider
engages us to perform our services and so long as you abide by these Terms of Use. This is a free service;
we may terminate all or any part of our services to you at any time, with or without notice, for any reason
or no reason.
Ownership of the Services
We and our licensors are, and shall remain, the sole and exclusive owner of all rights, title, and interest in and to our
services and any documentation of our services, and any derivatives, improvements, or modifications to the
same, including best practices and machine learning developed or discovered in the course of providing our
services, and all intellectual property rights in each of the foregoing. No implied license or implied right
of any kind is granted to you regarding our services, including any right to use, reproduce, market, sell,
translate, distribute, transfer, adopt, disassemble, decompile, reverse engineer, or possess the software
that operates our website or our app or other technical material, or any portions thereof.
Linking
You may not link to our services from any website without our prior written consent. If and where our services provide links
to any third party websites, such websites may not be under our control and, accordingly, we will have no
responsibility for, and we do not make any representations or warranties with respect to, such websites or
any content, products or services in connection with such other websites, and we do not endorse any of the
same.
Compliance with Laws
You will comply with all applicable laws, rules and regulations in connection with your use of our services.
Changes to Services
We reserve the right to change without notice, at our sole discretion, the content, presentation, performance, functionality,
and availability of our services.
Downtime, Data Loss and Security
You understand and agree that no representation or warranty is made with respect to the functionality or availability of
our services, and that all or any portion of our services may for a variety of reasons be unavailable to
you for use either temporarily or permanently without notice. You further agree and understand that information
and data related to our services may be irretrievably lost or destroyed at any time, and it will be your
responsibility to make all necessary copies and backups of any appropriate information and data posted to
or obtained or available from our services. You agree that we, our licensors and suppliers, will not have
any liability due to your inability to access our services, any portion thereof or any related data or information,
and will not have any liability in connection with the loss or destruction of any such data or information.
You understand and acknowledge that no services or network is immune from unauthorized access. Accordingly,
we will not have any liability or responsibility in connection with any unauthorized access to our services.
You understand and agree that our services may be unavailable due to scheduled or unscheduled maintenance
or downtime. We reserve the right to prevent or limit access to our services for security, upgrades or other
reasonable purposes.
Disclaimer of Warranties
WE DISCLAIM ALL REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT AND OUR SERVICES, WHETHER ORAL OR WRITTEN, EXPRESS,
IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED
WARRANTY AGAINST INFRINGEMENT, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING
FROM A COURSE OF DEALING OR USAGE OF TRADE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. NO WARRANTY IS MADE THAT
USE OF OUR SERVICES WILL BE ERROR FREE OR UNINTERRUPTED, THAT ANY ERRORS OR DEFECTS IN OUR SERVICES WILL
BE CORRECTED, OR THAT THE FUNCTIONALITY OF OUR SERVICES WILL MEET YOUR REQUIREMENTS.
Exclusions of Liability
Exclusion of Damages
IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE, REVENUE, PROFIT, REPUTATION, OR DATA, WHETHER ARISING OUT OF
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE
AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Liability Cap
N NO EVENT WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR OUR SERVICES, WHETHER ARISING OUT OF OR RELATED
TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ONE THOUSAND DOLLARS ($1,000.00)
IN THE AGGREGATE.
General
Governing Law
THESE TERMS OF USE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH APPLICABLE U.S. FEDERAL LAW AND THE LAWS
OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.
Disputes, Arbitration
Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope or applicability of these Terms
of Use to arbitrate, shall be determined by binding arbitration, rather than in court. The arbitration shall
be held in Broward County, Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant
to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on any arbitration award may be entered in
any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in
aid of arbitration from a court of appropriate jurisdiction. The Federal Arbitration Act and federal arbitration
law apply to this these Terms of Use. There is no judge or jury in arbitration, and court review of an arbitration
award is limited.
We both agree that any dispute resolution proceedings, including any arbitration, will be conducted only on an individual
basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court
rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may
bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Amendment; Assignment
e may amend these Terms of Use at any time. Upon posting on our websites the new terms are automatically effective and binding
on you from the effective date of those changes. By continuing to access or use our services after we make
any such revision, you agree to be bound by the revised Terms of Use. Each version of these Terms of Use
will be identified at the top of the page by the revision date. If you do not wish to accept such amendment,
you should cease your use of our services. These Terms of Use may not be otherwise amended. No waiver by
us of any term or condition of these Terms of Use will be effective unless made in writing. You may not assign,
transfer, change or otherwise seek to deal with any rights or obligations under these Terms of Use without
our prior written consent. We may assign these Terms of Use.
Notices
Any notice or other communication to be given under these Terms of Use will be in writing and given (a) by us to you via
email (in each case to the address that you provide), (b) by us to you via a posting on our websites, or
(c) by you to us via email to notices@chronwell.com or to such other addresses as we may specify in writing.
The date of sending shall be deemed the date on which such notice is delivered.
Miscellaneous
In the event of any conflict between these Terms of Use and any procedures or requirements set out in our services, the provisions
of these Terms of Use will prevail. If any provision of these Terms of Use is held to be invalid, void or
illegal, it will be severed from these Terms of Use and will not affect, impair or invalidate any other provision,
and it will be replaced by a provision which comes closest to such severed provision in language and intent
without being invalid, void or illegal. No right under these Terms of Use or breach hereof may be waived
except in writing signed by the parties hereto. The failure of either party to require performance of any
provision of these Terms of Use will not be construed as a waiver of such party's rights to insist on performance
of such provision or any other provision at some other time. The relationship of the parties under these
Terms of Use is that of independent contractors, and these Terms of Use will not be construed to imply that
either party is the agent, employee, or joint venturer of the other. Nothing in these Terms of Use is intended
to, nor will, create any third-party beneficiaries, whether intended or incidental. These Terms of Use constitute
the entire agreement between us and you with respect to the subject matter hereof.