Last updated: May 13, 2024
Please read these Terms and Conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means, with respect to any party, an entity that controls, is controlled by or is under common control with such party, where "control" means the ability to direct management and policies of any entity whether as the result of ownership, contract or otherwise, or the ownership of more than 50% of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country means the United States.
Company (referred to as "the Company", "ChronWise", "We", "Us" or "Our" in this Agreement) refers to Orca Advisory LLC, a New Jersey Limited Liability Company, or its legal successor or assign.
Content refers to content such as text, images, or other information that can be created, posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content, including Key Information, Secure Information and Public Information.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Key Information refers to your first and last name, email address, phone number, address, date of birth, date and time of you or your Trusted Persons using the account.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Site refers to the Website, and all products, services, mobile websites (collectively and together with the Site, the “Services”) that are owned by the Company.
Public Information means any Content you add, create, upload, submit, distribute or post to public portions of the Services, such as comments on any articles.
Secure Information refers to your private, confidential, personal information that you submit through the Services, including your financial and legal information, but does not include Key Information or Public Information.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to ChronWise, accessible from https://www.chronwise.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of the Service and the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Services or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free Trial.
If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancel Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
It is entirely your responsibility to ensure that the email address linked to your account is current and correct, as this is our sole method of communicating with you regarding your Account and the Services you use.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions in your account. You set permissions for sharing or disclosing your Information Binder to another person or organization (each, a “Trusted Person”). You are prohibited from using another person’s account or registration information for the Services without their permission.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Service allows You to post Content. You are responsible for all the Content that You add, create, upload, submit or post to the Service, including its legality, reliability, and appropriateness (collectively and together with Key Information, Secure Information, Public Information, “Your Information”).
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you provide Key Information via the Services, you are giving us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, licensable and transferable right to use, store, and display the Key Information. This applies even after your Account or the Services are terminated, as necessary. You permit us to use your Key Information (1) for the operation, provision, and enhancement of the Site, the Services, and our business, as well as that of our successors and assignees; (2) to send marketing and promotional materials to you and your Trusted Person(s), with your and their consent; (3) to contact your Trusted Person(s) on your behalf; and (4) for auditing purposes (for instance, if you delete your Account, we will retain the Key Information to respond to any inquiries you might have regarding your account).
When you share Secure Information via the Services, you are granting us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and display your Secure Information solely as necessary to run the Services on your behalf, and in accordance with these Terms and our Privacy Policy. You always remain the owner of your Secure Information. We consider the privacy and security of your Secure Information seriously, integrating privacy and security protocols into our technology and business practices. Only you, or a or a Trusted Person you have authorized, have the authority to grant access to any of your Secure Information to a Trusted Person. Your Secure Information and all files are encrypted. The only instances where we might access or disclose the content or details of your Secure Information occur when either you or a Trusted Person you have authorized have given the necessary permission to share such information with another Trusted Person, when we are requested or required to share such information by legal or governmental authorities, when we are otherwise legally obligated to, or in other exceptional situations as outlined in our Privacy Policy.
When you post Public Information on the Services publicly, you are granting us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, alter, shorten, compile, reproduce, distribute, create derivative works of, store, display, perform, transmit, and fully utilize the Public Information in relation to the Services and our business (and the business of our successors and assignees). This includes the promotion or redistribution of part or all of the Site or Services (and their derivative works) across all media formats and through any media channels (including third-party websites and feeds), even after your Account or the Services have been terminated. You are also granting each user of the Services a non-exclusive, perpetual license to access your Public Information via the Services, and to use, edit, modify, reproduce, distribute, create derivative works of, display, and perform such Public Information, even after your Account or the Services have been terminated. Please refrain from publicly posting or submitting any Public Information that you don't wish to be publicly accessible or viewable.
We regard the security, privacy, and confidentiality of your Secure Information as vitally crucial. In handling your Personal Information, including your Secure Information, we employ systems and processes that adhere to the privacy and security standards mandated by applicable federal and state laws. As such, we utilize industry-standard (or superior) administrative, physical, and technical measures to preserve the security, privacy, confidentiality, and integrity of your Secure Information. Except as allowed in this Agreement, we do not disclose Secure Information to third parties without your explicit consent. The encryption algorithms used by our technology are of the same caliber trusted by banks, the military, and the U.S. government. However, no security measure or safeguard is infallible, and ChronWise cannot guarantee the absolute security of any of Your Information, including your Secure Information. CHRONWISE WILL NOT BE HELD ACCOUNTABLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING OR OTHER SECURITY INTRUSIONS, OR THE FAILURE TO STORE, OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION, INCLUDING YOUR SECURE INFORMATION.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Public Information. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Public Information posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@chronwise.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Public Information is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
· A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
· Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
· Your address, telephone number, and email address.
· A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
· A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at info@chronwise.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
You agree to defend, indemnify, and hold us harmless, including our affiliates and all of our respective employees, contractors, directors, suppliers, and representatives, from all liabilities, claims, and expenses, inclusive of reasonable attorneys' fees, that arise from or are related to your use or misuse of, or access to, the Services, Content, or Your Information, violation of these Terms, or infringement by you or any third party using your Account or identity in the Services, of any intellectual property or other rights of any person or entity. We retain the right to take over the exclusive defense and control of any issue that is otherwise subject to indemnification by you, in which case you will provide assistance and cooperate with us in asserting any defenses available.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
We do not have any exceptional relationship or fiduciary duty to you. You release us from all liability for any disclosure of Your Information, including your Secure Information. This also includes any portions of your Secure Information labeled for release only after your death (the "After Death Sections"), pursuant to our (a) receipt of instructions or permissions from you authorizing such disclosure to any individual, including any Trusted Person, or (b) compliance to any Laws.
CHRONWISE IS NOT A CERTIFIED LAW FIRM, TAX ADVISOR OR FINANCIAL CONSULTING FIRM, NOR ARE CHRONWISE'S EMPLOYEES ACTING AS YOUR LAWYERS, TAX ADVISORS OR FINANCIAL CONSULTANTS. THE SERVICES DO NOT AND SHOULD NOT REPLACE THE ADVICE OF A LICENSED LAWYER, TAX ADVISOR OR FINANCIAL ADVISOR. CHRONWISE CANNOT AND DOES NOT OFFER LEGAL, TAX OR FINANCIAL GUIDANCE. CHRONWISE IS NOT AUTHORIZED TO PRACTICE LAW OR FINANCIAL CONSULTING. CHRONWISE IS RESTRICTED FROM PROVIDING ANY FORM OF ADVICE, EXPLANATION, OPINION, OR RECOMMENDATION ABOUT (A) LEGAL RIGHTS, SOLUTIONS, DEFENSES, OPTIONS, CHOICE OF FORMS OR STRATEGIES; OR (B) ANY SORT OF ADVICE, EXPLANATION, OPINION, OR RECOMMENDATION ABOUT POTENTIAL FINANCIAL INVESTMENTS OR STRATEGIES.
No protected or fiduciary relationship, such as that of a attorney-client, is or will be formed with ChronWise as a result of your use of the Services. Therefore, while communications between you and ChronWise are safeguarded by our Privacy Policy, they do not fall under attorney-client privilege or the work product doctrine. Once again, ChronWise does not provide any guarantees, assertions, or warranties, explicit or implied, regarding any information or materials displayed on or provided through the Services. ChronWise will not be held liable under any circumstances for any decisions you make or actions you take based on any such Content.
The information or materials that you receive from ChronWise, including those from its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise through the Services, are purely for informational purposes. ChronWise does not review the information you provide for legal adequacy, derive legal conclusions, offer legal advice, or apply the law to the specifics of your individual situation at any point. Neither ChronWise nor the Services aim to deliver personalized financial or tax advice. You acknowledge and agree that any information provided to or accessed by you occasionally through the Services is not created or provided by ChronWise as investment advice, and you will not regard or use it as such.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the State, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
These Terms shall be binding on, and shall inure to the benefit of, you and your legal successors and Company and its successors and assigns. Not by way of limitation, your account may be transferred or assigned to another person and, upon such transfer or assignment, you shall be obligated to such transferee or assignee and Company shall have not further liability hereunder.
If you have any questions about these Terms and Conditions, You can contact us:
By email: info@chronwise.com
By visiting this page on our website: https://chronwise.com/terms-of-service