Terms of Use

General Conditions of Use

These Terms of Use contain important information about RecovAware, LLC, an Indiana limited liability company (“RecovAware”), the RecovAware website (the “Website”), the RecovAware mobile application (the “App”) (collectively with the App and Website, the “Services”) and governs the relationship between you (“You” or “Your”) and RecovAware as it relates to Your use of the Website and App and participation in the functionality available through the Website and App.  These Terms of Use contain important information and disclosures about appropriate conduct on the Website and App and how RecovAware may use information provided by You to RecovAware through the Website, App or otherwise.

By using this Website or App, You signify your agreement to these Terms of Use.  If You do not agree to these Terms of Use, You must not use the Website or App. RecovAware reserves the right to and may modify these Terms of Use at any time and without notice to You.

A subscription to the Services is a license agreement, for use only under the terms of this license, unless a specific product or service of RecovAware is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement.  RecovAware reserves all rights not expressly granted to You. The product that is subject to this license is referred to in this license agreement as the “Licensed Technology.”

This license granted to You for the Licensed Technology by RecovAware is a non-transferable, non-sub-licensable and non-exclusive license to use the Licensed Technology on a maximum of one (1) device as defined by their IP addresses.

  1. Terms of Use. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Technology. You may not copy, screenshot, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any kind of the Licensed Technology, any updates, or any part thereof.  Any attempt to do so is a violation of the rights of RecovAware. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by RecovAware that replace and/or supplement the original product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
  1. Indemnification of RecovAware.  YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND RECOVAWARE AND ANY OF ITS MEMBERS, MANAGERS, AGENTS, OFFICERS AND EMPLOYEES FROM OR AGAINST, AS APPLICABLE, ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES OR SUITS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) CAUSED BY OR ARISING OUT OF YOUR IMPROPER USE OF THE SERVICES OR INFORMATION PROVIDED TO RECOVAWARE BY YOU, INCLUDING ANY INFORMATION OR CONTENT THAT YOU MAY INPUT TO THE WEBSITE OR APP, YOUR VIOLATION OF THE TERMS OF USE OR ANY RELATED AGREEMENTS OR TERMS OF USE, OR THE INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY BY YOU OR ANY PERSON OR ENTITY USING YOUR ACCOUNT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTIONS BY ANY USER OF YOUR ACCOUNT, INCLUDING YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY.
  2. Consent to Use of Data. You agree that RecovAware may collect and use technical data and related information, including, but not limited to, technical information about Your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Services and Licensed Technology.  RecovAware may use this information to improve its products or to provide services or technologies to You. By submitting this information, You grant RecovAware a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the information in connection with provision of the Licensed Technology.  You agree and understand that You are solely responsible for maintaining the confidentiality of any password and/or username (if any) used to access any portion of the Website, the App and the related Services and that You are solely responsible for any activity which occurs on any portion of the Services for which You have a password.
  3. Termination. At Your discretion, You may discontinue participation in the Services, subject to the terms contained in Paragraph 7 herein.  Your rights under this license will terminate automatically without notice from RecovAware if You fail to comply with any term(s) of this license.  Upon termination of the license, You shall cease all use of the Licensed Technology, and destroy all copies, full or partial, of the Licensed Technology.
  4. Third Party Materials. The Website or App may display, include or make available content, data, information, applications and/or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites.  By using the Services, You acknowledge and agree that neither RecovAware nor its content providers are responsible for examining or evaluating nor guarantee the content, availability, accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality of information or any other aspect of such Third Party Materials, web sites or information or data displayed by the Website or App.  RecovAware does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person or entity for any third-party services, Third Party Materials or third-party web sites, or for any other materials, products or services of third parties.
  5. Proprietary Content. You agree that the Website and App contain proprietary content, information and/or material that is protected by applicable intellectual property laws, including, but not limited to, patent, copyright, trademark and/or trade secret laws, and that You will not use such proprietary content, information and/or materials in any way whatsoever except for permitted use of the Services.  You agree that nothing contained in these Terms of Use gives You any right ownerships in or to any of the intellectual property available on the Website or app or the right to use any of the intellectual property available on the Website or App, including, but limited to, the patented content, copyrighted content, trademarks, servicemarks, logos and/or domain names. No portion of the Website or App may be reproduced in any form or by any means.  You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of any kind based on the Website or App or any of its contents and You shall not exploit the Website or App in any unauthorized way whatsoever, including, but not limited to, trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.  You further agree that RecovAware is not in any way responsible for any such misuse by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Website or App. The Website and App and the information contained in the Website and App is copyright RecovAware, LLC 2019. All rights reserved.
  6. Social. The interactive social function of the App is open to the public, including, but not limited to, any and all users of the App.  Accessing the social function of the App provides You and all other users of the App the unique ability to interact with one another and discuss Your rehabilitation progress, share experiences and/or otherwise exchange information about the recovery process.  Therefore, consider Your comments and/or any and all content and/or information carefully before sharing and do not include anything that You would like to keep private. When accessing, using and/or posting any content and/or information through the social function of the App, You will be given the option of making any posting “Public” or “Private.”; RecovAware does not and will not choose for You whether to make the information that You choose to post, public or private.  ANY INFORMATION THAT YOU CHOOSE TO SHARE IS AT YOUR SOLE DISCRETION AND IN NO WAY WILL RECOVAWARE BE LIABLE NOR RESPONSIBLE FOR ANY RESULTING USE AND/OR FURTHER DISSEMINATION OF ANY INFORMATION THAT YOU CHOOSE TO SHARE. By uploading or otherwise making available any information through the social function of the App in the form of user generated comments or otherwise, you grant RecovAware the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.  You are responsible for the content that you post. You may not impersonate any other person through the App. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.  By submitting or posting content through the App, you grant RecovAware and any company substantially under the control of RecovAware, the right to remove any content or comment that, in RecovAware’s sole judgment, does not comply with the terms and conditions of these Terms of Use or is otherwise objectionable. You also grant RecovAware and any company substantially under the control of RecovAware the right to modify, adapt, and edit any content.

 

PLEASE NOTE THAT WE ARE PROVIDING THE APP SOLELY TO YOU AND NOT AS A SERVICE TO ANY HEALTH CARE AND/OR MEDICAL PROVIDERS.  NONE OF THE INFORMATION PROVIDED TO US, RECEIVED BY US, OR THAT WE OTHERWISE COLLECT ABOUT ANY APP USERS, OR MAKE AVAILABLE TO APP USERS THROUGH THE APP, CONSTITUTES NOR SHALL BE CONSIDERED TO BE “PROTECTED HEALTH INFORMATION” PURSUANT TO FEDERAL HEALTH PRIVACY LAWS, INCLUDING, BUT NOT LIMITED TO, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”). IN THE EVENT THAT YOU VOLUNTARILY DECIDE TO SHARE INFORMATION THAT MAY BE DEEMED “PROTECTED HEALTH INFORMATION” PURSUANT TO HIPAA, CHOOSING TO SHARE SUCH INFORMATION IS AT YOUR SOLE DISCRETION AND IN NO WAY WILL RECOVAWARE BE LIABLE NOR RESPONSIBLE FOR ANY RESULTING USE AND/OR FURTHER DISSEMINATION OF ANY INFORMATION THAT YOU CHOOSE TO SHARE.  YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU HAVE NO EXPECTATION OF PRIVACY OR CONFIDENTIALIY IN THE CONTENT AND/OR INFORMATION THAT YOU SUMBIT THROUGH THE SOCIAL AND/OR OTHER INTERACTIVE FEATURES OF THE APP. WE ARE NOT A HEALTH CARE PROVIDER, HEALTH PLAN, EMPLOYER, HEALTH CARE CLEARINGHOUSE OR ANY OTHER TYPE OF “COVERED ENTITY” AS DEFINED BY HIPAA AND/OR OTHER RELATED FEDERAL HEALTH PRIVACY LAWS AND/OR REGULATIONS.  

  1. Billing and Fees. RecovAware reserves the right to increase or decrease the cost of its services and use of the Website or App at any time, without notification to You.  You hereby grant RecovAware the right to automatically charge Your credit card at the time of purchase of the App license. If You terminate your license of the Licensed Technology, You will not be entitled to any refund or credit for any amount paid.
  2. Modifications. RecovAware reserves the right to make modifications or changes to the Website, App and/or the Licensed Technology at any time, without notification to You.
  3. Caption Headings.  Caption headings in these Terms of Use are for convenience only and are not to be used to interpret or define the provisions of these Terms of Use.
  4. U.S. Government End Users.  The Licensed Technology and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable.  Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation, if being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government’s rights in the Licensed Technology and accompanying documentation shall be only as set forth in this license.
  5. Governing Law and Court Jurisdiction.  These Terms of Use shall be governed by the laws of the United States, in the State of Indiana, without regard to conflicts of law principles thereof.  You agree to submit to the personal and exclusive jurisdiction of the courts located within Hamilton County, in the State of Indiana to settle any dispute, which may arise in relation thereto.  This is the case regardless of whether You reside or transact business with RecovAware, and/or use the Services anywhere else in the world. If any part of these Terms of Use are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.  

Disclaimer of Warranties; Limitation of Liability

NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS A WARRANTY OF REHABILITATION RESULTS WHATSOEVER.  RECOVAWARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE USE OF THE LICENSED TECHNOLOGY, WEBSITE AND/OR APP OR THE MATERIALS AND/OR CONTENT IN IT, AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY, AND ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.  SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, AND TO THE EXTENT THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, THE LIABILITY OF RECOVAWARE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. WHILE RECOVAWARE ATTEMPTS TO ENSURE THAT THE INFORMATION IN THE CONTENT, WEBSITE, APP AND/OR LICENSED TECHNOLOGY IS ACCURATE AND COMPLETE, RECOVAWARE IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INACCURACY, ERROR OR OMISSION IN THE INFORMATION IN THE CONTENT, WEBSITE, APP AND/OR LICENSED TECHNOLOGY.  THE CONTENT, WEBSITE, APP AND/OR LICENSED TECHNOLOGY ARE PROVIDED “AS IS.” RECOVAWARE ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER AND/OR MOBILE DEVICE EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE CONTENT, WEBSITE, APP AND/OR LICENSED TECHNOLOGY OR DOWNLOAD MATERIAL FROM IT.

IN NO EVENT SHALL RECOVAWARE BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL AND CONSEQUENTIAL DAMAGES, AND LOST PROFITS, BENEFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTIONS, EVEN IF RECOVAWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE AND/OR ACCESS THE APP, WEBSITE, CONTENT AND/OR LICENSED TECHNOLOGY, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.  ALL RISKS, LOSSES AND COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE, APP AND/OR LICENSED TECHNOLOGY ARE SOLELY YOUR RESPONSIBILITY.

YOU HEREBY ACKNOWLEDGE AND WILLINGLY ACCEPT ANY AND ALL RISKS ASSOCIATED WITH USE OF THE WEBSITE, APP AND/OR LICENSED TECHNOLOGY AND/OR ACCESS TO ITS CONTENT AND YOU AGREE TO UNCONDITIONALLY RELEASE AND HOLD HARMLESS, RECOVAWARE, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS AND ASSIGNS FROM AND/OR AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES OR SUITS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR ACCESS, USE AND/OR INVOLVEMENT WITH THE WEBSITE, APP AND/OR LICENSED TECHNOLOGY AND/OR ITS CONTENT. UNDER NO CIRCUMSTANCES SHALL RECOVAWARE BE LIABLE FOR ANY PERSONAL INJURY, MEDICAL EVENT AND/OR ILLNESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE CONTENT, OR YOUR USE OF THE WEBSITE, APP AND/OR LICENSED TECHNOLOGY, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT IF ANY PART OF THESE TERMS OF USE ARE HELD UNLAWFUL, VOID OR UNENFORCEABLE, TO THE EXTENT THAT YOU SUFFER DAMAGES ASSOCIATED WITH USE OF THE WEBSITE, APP AND/OR LICENSED TECHNOLOGY AND/OR ACCESS TO ITS CONTENT, IN NO EVENT WILL RECOVAWARE’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU FOR THE LICENSED TECHNOLOGY FOR THE CURRENT TERM OF THIS AGREEMENT, OR IF NO LICENSE FEES HAVE BEEN PAID, TO THE FULLEST EXTENT OF THE LAW.

Not Medical Advice

RECOVAWARE IS NOT A MEDICAL PROFESSIONAL OR A MEDICAL PROVIDER.  MEDICAL ADVICE, DIAGNOSIS, TREATMENT AND/OR OPINION CAN ONLY BE LEGALLY PRACTICED AND/OR PERFORMED BY PROPERLY LICENSED PHYSICIANS AND/OR MEDICAL AND HEALTHCARE PROFESSIONALS.  THE INFORMATION CONTAINED IN THE WEBSITE, APP AND/OR LICENSED TECHNOLOGY IS FOR INFORMATIONAL AND ANALYTICAL TRACKING PURPOSES ONLY.  NOTHING CONTAINED HEREIN NOR IN ANY PORTION OF THE CONTENT PROVIDED TO YOU BY RECOVAWARE IS INTENDED TO BE, NOR SHOULD BE CONSTRUED AS PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT AND/OR OPINION, NOR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT AND/OR OPINION.  DURING YOUR USE OF THE WEBSITE, APP AND/OR LICENSED TECHNOLOGY, AND FROM TIME TO TIME BASED UPON DATA PROVIDED TO RECOVAWARE BY YOU THROUGH YOUR USE OF THE WEBSITE, APP AND/OR LICENSED TECHNOLOGY, YOU MAY BE PROVIDED WITH INFORMATION CONCERNING YOUR PROGRESS. THIS INFORMATION IS PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND RECOVAWARE MAKES NO REPRESENTATIONS AS TO YOUR ACTUAL STAGE OF RECOVERY NOR OF YOUR FITNESS TO RESUME REGULAR ACTIVITIES.  THIS INFORMATION PROVIDED TO YOU IS NOT MEDICAL ADVICE, DIAGNOSIS, TREATMENT AND/OR OPINION, AND YOU SHOULD CONSULT WITH A QUALIFIED MEDICAL AND/OR HEALTHCARE PROFESSIONAL AS TO YOUR STAGE OF RECOVERY PRIOR TO RESUMING REGULAR ACTIVITIES. IN NO WAY DOES YOUR USE OF THE WEBSITE, APP AND/OR LICENSED TECHNOLOGY CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND RECOVAWARE.

REFERENCES TO SPECIFIC EXERCISES AND/OR REGIMENS ARE FOR ILLUSTRATIVE PURPOSES ONLY.  PRIOR TO BEGINNING ANY USE OF THE WEBSITE, APP AND/OR LICENSED TECHNOLOGY, YOU SHOULD ALWAYS CONSULT WITH AND/OR SEEK THE ADVICE OF AND/OR OBTAIN THE PRIOR APPROVAL OF A QUALIFIED MEDICAL PROFESSIONAL.  IF YOU BELIEVE THAT YOU SUFFER FROM ANY MEDICAL CONDITION, YOU SHOULD IMMEDIATELY SEEK PROFESSIONAL MEDICAL ADVICE OR CONSULT WITH A QUALIFIED MEDICAL AND/OR HEALTHCARE PROFESSIONAL, AND REFRAIN FROM ANY AND ALL USE OF THE APP, WEBSITE AND/OR LICENSED TECHNOLOGY.  THE LICENSED TECHNOLOGY IS INTENDED TO BE USED AS A TOOL TO HELP YOU REACH OR UNDERSTAND DIAGNOSTIC AND TREATMENT DECISIONS, BEARING IN MIND THAT INDIVIDUAL AND UNIQUE CIRCUMSTANCES MAY LEAD YOU OR YOUR HEALTHCARE PROVIDER TO REACH DECISIONS NOT PRESENTED IN THE LICENSED TECHNOLOGY.  THE INFORMATION AND REFERENCE MATERIALS CONTAINED IN THE LICENSED TECHNOLOGY ARE INTENDED SOLELY FOR YOUR INFORMATION; IT SHOULD NOT BE USED FOR TREATMENT PURPOSES, BUT RATHER FOR DISCUSSION WITH YOUR OWN PHYSICIAN AND/OR MEDICAL/ HEALTHCARE PROFESSIONAL. RECOVAWARE PROVIDES INFORMATION DESIGNED TO EDUCATE THE GENERAL PUBLIC.  THIS INFORMATION DOES NOT TAKE INTO ACCOUNT ALL OF THE UNIQUE CIRCUMSTANCES WHICH AFFECT AN INDIVIDUAL USER’S DECISIONS AND NOTHING IN THE CONTENT PROVIDED BY RECOVAWARE SHOULD BE DEEMED AS PERSONALIZED INFORMATION THAT IS TAILORED TO YOUR SPECIFIC NEEDS. THE CONTENT IS NO SUBSTITUTE FOR INDIVIDUAL PATIENT ASSESSMENT BASED UPON A QUALIFIED HEALTHCARE PROVIDER’S EXAMINATION OF EACH USER AND CONSIDERATION OF LABORATORY DATA AND OTHER FACTORS UNIQUE TO THE USER.  THE USE OF AND ANY RESULTING RELIANCE ON ANY CONTENT PROVIDED IN THE WEBSITE, APP AND/OR LICENSED TECHNOLOGY IS SOLELY AT YOUR OWN RISK.

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