Sedgwick Application Agreement
By using the Provider Gateway, you agree to be bound by the terms of this Sedgwick Application
Agreement (this "Agreement"). You represent and warrant that you have been granted the authority
by the medical provider and patient to view the claim. You further represent and warrant that you have
the right and authority to agree to the terms and conditions of this Agreement. In addition, by using the
Provider Gateway, you are agreeing to comply with the terms and conditions set forth below.
Throughout this Agreement, you will be referred to as "You" or "Your".
Sedgwick Claims Management Services, Inc. ("Sedgwick") is providing you with a nonexclusive,
revocable, non-sublicensable, nontransferable right to access Sedgwick’s application, the Provider
Gateway (the "Application"), via mobile device, solely for Your personal use in connection with Your
claim. Sedgwick hereby grants You the right to access the Application, subject to the terms and
conditions of this Agreement.
2. Distribution Limitations.
Except as explicitly provided herein, You will not: A. Make access to all or any part of the Application
available to any third party, directly or indirectly, by assignment, sublicense, or any other means; B.
Copy, access in any fashion other than as permitted by this Agreement, reverse engineer, decompile,
disassemble, make derivative works from, or modify in whole or in part the Application, or attempt or
assist any third party in doing any of the activities in this subsection 2(B); C. Alter or remove any
proprietary notices of Sedgwick or third parties found in or on the Application; D. Circumvent, disable,
disclose, modify, or remove any software security protection methods (including license keycodes,
serial numbers, or unlocking codes) that are used in the operation the Application; E. Use the
Application to operate in a time sharing, outsourcing, or service bureau environment; or F. Use the
Application except for the purpose of accessing Your claim information, and then only as permitted in
3. Your Obligations.
Access to the Application shall be through IDs, passwords, and other secure access devices, as issued
or required by Sedgwick from time to time. You agree to adhere to and abide by all security and safety
measures established by Sedgwick. B. You will be responsible for the confidentiality and use of Your
ID, passwords, and other security devices furnished to You in connection with Sedgwick providing
access to the Application. You shall not share Your ID or passwords.
4. Confidential Information; Data Privacy.
"Confidential Information" means any proprietary or confidential information, trade secret, or know-
how that belongs to Sedgwick or its affiliates or licensors and any personally-identifiable, health, or
financial information of any individual ("PII"). Confidential Information includes: (i) the Application, its
documentation, and the terms and conditions of this Agreement; (ii) information learned by You from
viewing the Application screens; and (iii) any non-public technical or business information of Sedgwick,
including any information relating to a party’s techniques, algorithms, current and future products and
services, research, financial information, customer lists, business forecasts, and marketing plans and
information. B. You acknowledge the confidential and proprietary nature of the Confidential Information
and agree (1) to hold the Confidential Information in confidence, (2) not to use the Confidential
Information other than as permitted under this Agreement, and (3) not to reveal or disclose any
Confidential Information for any purpose to any third party. You will safeguard and protect the
Confidential Information from theft, piracy, or unauthorized access. C. Confidential Information will not
include any information that: (i) at the time disclosed to You, is in the public domain; (ii) becomes part
of the public domain through no breach of this Agreement by You; (iii) records demonstrate was
developed independently by You without reference to the Confidential Information; or (iv) is required
to be disclosed by law; provided that You must give prior notice of the disclosure to Sedgwick sufficient
to permit Sedgwick to seek a protective order, and, absent the entry of a protective order, You will only
disclose Confidential Information to the minimum extent necessary to comply with a valid court or
administrative order. D. You acknowledge and agree that, in the event of Your breach of this Section
4, Sedgwick will suffer irreparable injuries not compensable by money damages. Accordingly,
Sedgwick will be entitled to a preliminary and final injunction without the necessity of posting any bond
or proving actual damages. This remedy is separate and apart from, and in addition to, any other
remedy Sedgwick may have. E. You agree to indemnify Sedgwick against any and all loss, cost,
damage, and expense, including attorneys’ fees, arising from the misuse or disclosure of Confidential
Information by You. You understand that though unlikely, someone may intercept or "hack" Your
information as a result of the Application or Your use thereof. Sedgwick is not responsible for activity
of third parties. You agree to notify Sedgwick promptly if you suspect that there is any security issue,
including a compromised password, involving the Application.
5. Disclaimer of Warranty.
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY
KIND. SEDGWICK MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS,
IMPLIED, OR STATUTORY RELATING TO THE APPLICATION, THE USE OR ANY INABILITY TO
USE THE APPLICATION, THE RESULTS OF THE USE OF THE APPLICATION, OR THE
ACCURACY OF THE APPLICATION OR THE INFORMATION ACCESSIBLE THROUGH THE
APPLICATION. SEDGWICK SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES,
INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, IN NO EVENT WILL SEDGWICK BE RESPONSIBLE FOR ANY DEFECTS,
ERRORS, OR NONCONFORMITIES ARISING FROM OR RELATED TO YOUR UNAUTHORIZED
MODIFICATION OF THE APPLICATION, COMBINATION OF THE APPLICATION WITH
EQUIPMENT, PRODUCTS, OR MATERIALS NOT FURNISHED BY SEDGWICK, OR USE OF THE
APPLICATION IN ANY MANNER OTHER THAN AS INTENDED OR INSTRUCTED. YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE
RISK. YOU AGREE THAT YOU, NOT SEDGWICK, IS RESPONSIBLE FOR EVALUATING THE
RISKS ASSOCIATED WITH USE OF THE APPLICATION.
6. Exclusion of Damages.
IN NO EVENT WILL SEDGWICK BE LIABLE TO YOU, OR TO ANY THIRD PARTY, FOR ANY
INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES
OR LOSSES, INCLUDING LOSS OF USE, PROFITS, GOODWILL, OR SAVINGS, OR LOSS OF
DATA, DATA FILES, OR PROGRAMS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR THE USE OF THE APPLICATION, WHETHER THE LIABILITY ARISES FROM
ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF SEDGWICK IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE
LIABILITY, LOSS, OR DAMAGE.
7. Limitation of Liabilities.
YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. SEDGWICK IS NOT LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, INCLUDING DAMAGES FOR LOSS OF PRODUCTS, USE, DATA, OR OTHER
INTANGIBLE LOSSES EVEN IF SEDGWICK HAS BEEN ADVISED OF THE POSSIBILITIES OF
THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE APPLICATION.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING
BREACH OF CONTRACT, BREACH OF WARRANTY, INFRINGEMENT, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATIONS, AND ALL OTHER TORTS.
8. Proprietary Rights.
You acknowledge that (a) the Application, and all intellectual property rights associated therewith, is
the property of Sedgwick, and (b) other than the rights expressly granted in Section 1 of this
Agreement, You acquire no right, title, or interest in or to the Application You access under this
Agreement. Sedgwick collects cookies for the following purposes: 1) Form Authentication: This is an
in-built cookie that .net creates automatically for Form Authentication. This encrypted cookie gets
destroyed as soon as you logout from the Application, You close the browser, You browse to the login
page or when Your session times out. 2) Remember Me functionality - Self Service application stores
the User ID and Password in encrypted format in order to avoid additional login prompts once You
have been authenticated. This cookie only stores Your user id and password.
9. Term and Termination.
This Agreement will commence upon the date You register to access this web site and will continue
until terminated by You or Sedgwick following written notice; provided that Sedgwick may also
terminate this Agreement by terminating Your access to the Application (such as by deactivating Your
IDs or passwords). B. Upon the termination of this Agreement, You (1) will make no further use of the
Application, (2) will either destroy or (if requested by Sedgwick) return to Sedgwick all copies of
Sedgwick’s Confidential Information, and (3) will certify in writing to Sedgwick that You have done so.
C. Your rights and obligations with respect to Sections 2 and 4 through 14 of this Agreement will
survive termination of this Agreement indefinitely.
10. Export Restrictions.
This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the
export from the United States of America of any content accessible through the Application or
information about the Application which may be imposed from time to time by the government of the
United States of America. You will not export any such content or information without the prior written
consent of Sedgwick and in compliance with all applicable laws, regulations, orders, or other
You agree to indemnify, defend, and hold harmless Sedgwick and its employees, directors, officers,
subcontractors, affiliates, successors, assigns, agents or, and other members of its workforce against
any action, claim, dispute, liability, or loss (including attorneys’ fees and expenses) (collectively,
"Damages") suffered by Sedgwick and such persons and all Damages to third parties arising from or
in connection with (a) any breach of the terms of this Agreement or (b) any negligence or wrongful
acts or omissions, in either case, by You, including any such breach, act, or omission resulting in an
unauthorized disclosure of Confidential Information or Your failure to perform Your obligations under
this Agreement. Accordingly, on demand, you will reimburse Sedgwick for any and all such Damages.
12. Governing Law.
This Agreement is entered into in, and governed by the laws of, the State of Tennessee, without regard
to its conflict of laws principles that would result in the application of the laws of a jurisdiction other
than the State of Tennessee. Any action relating to this Agreement must be brought only in the federal
or state courts located in Tennessee, and You and Sedgwick consent to the exclusive venue and
jurisdiction of those courts; provided that Sedgwick may seek injunctive or other equitable relief from
any court of competent jurisdiction with respect to a breach or threatened breach of Sections 2 or 4.
13. Amendment; Waiver; No Third-Party Beneficiaries.
This Agreement may not be modified, nor will any provision of this Agreement be waived or amended,
except in writing duly signed by You and Sedgwick. A waiver with respect to one event will not be
construed as continuing, or as a bar to or waiver of any right or remedy to subsequent events. Nothing
expressed or implied in this Agreement is intended to confer, nor will anything in this Agreement
confer, upon any person other than the parties and the respective successors or assigns of the parties,
any rights, remedies, obligations, or liabilities whatsoever. Sedgwick may modify this Agreement, and
will give you notice of any such change, and your continued use of the Application shall constitute
This Agreement constitutes the entire, final, complete, and exclusive agreement between You and
Sedgwick with respect to the subject matter of this Agreement. This Agreement supersedes all prior
and contemporaneous agreements and representations, whether oral or written, regarding the subject
matter of this Agreement. B. If any term of this Agreement is found to be invalid, illegal, or otherwise
unenforceable, such finding shall not affect the other terms of this Agreement, or the whole of this
Agreement, but such term shall be deemed modified to the extent necessary to render such term
enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly,
preserving to the fullest permissible extent the intent and agreements of the parties as set forth in this
Agreement. C. This Agreement shall be binding and inure to the benefit of the parties hereto and their
respective permitted successors and assigns. You shall not assign any of Your rights or obligations
under this Agreement without the prior written consent of Sedgwick. Sedgwick may freely assign its
rights or obligations under this Agreement.