Terms & Conditions
IMPORTANT – READ CAREFULLY: This Terms and Conditions (the “Agreement”) is a legal agreement between you and Sky Insurance Technologies, a South Carolina Limited Liability Company (the terms “SKY ACA Reporting,” “we,” “us,” and “our” refer to Sky Insurance Technologies, LLC). You are a client (“Client”) engaging the services of SKY ACA Reporting.
SKY ACA Reporting offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in our WEBSITE ACCEPTABLE USE AGREEMENT, located on this site and available at this hyperlink: https://sky-acareporting.com/website-acceptable-use-agreement/. By clicking “accept”, you (individually and/or as an agent of your company) acknowledge that you have read and are agreeing to these WEBSITE ACCEPTABLE USE AGREEMENT in addition to the terms of this Agreement set forth below.
By clicking “accept” you do confirm to us that you are “signing” this Agreement for all purposes under applicable law. If an individual is accepting this Agreement on behalf of an corporation, that individual does hereby represent and warrant to us that such acceptance is being made with full authority and such individual does hereby agree to indemnify and hold us harmless if we incur any losses, including but not limited to attorney fees, due to a claim by any party against us that such acceptance was made without authority.
SKY ACA Reporting incurs costs related to opening accounts, administering accounts, and hiring based on expected account volume. As a result, a NONREFUNDABLE SERVICE FEE of $500.00 is included in our pricing. In the event that you decide not to continue with our service we will retain this amount regardless of any other refund we may grant under our Refund Policy. SKY ACA Reporting reserves the right to refuse service for any reason. In the event that SKY ACA Reporting elects to refuse service to you within five days of your payment, the full amount of your payment to SKY ACA Reporting may be refunded to you.
After you have placed your order, your order has been processed, and your account has been created, you will have access to the proprietary software and we have begun servicing your account, and we will not refund any portion of your fees once software credentials have been issued, regardless of whether you have accessed the proprietary software or not.
Once your order has been processed following payment, an account will be created for you and you will be prompted to create a unique password for your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact SKY ACA Reporting immediately. It is up to you to maintain the confidentiality of your password and account. We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the Website at any time and for any or no reason. We are not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement. You agree that any information you provide to us through the Website will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Website (or any portion thereof) and the services and information provided on the Website.
Any accounts or passwords used for this website are for the Client’s individual use only. You will be responsible for the security of your password(s). From time to time, we may require that you change your password. You are prohibited from using any services or facilities provided in connection with this website to compromise its security or tamper with any of its system, resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your account details to system administrators at other websites and/or the authorities in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of this Agreement.
It is our policy to release a Client’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights, property or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting this Agreement you waive all rights and agree to hold us harmless from any claims resulting from any action taken during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either SKY ACA Reporting or law enforcement authorities.
You acknowledge and agree that software and programs used with respect to any of our services contain proprietary and confidential information that is the property of SKY ACA Reporting [and its licensors] and is protected by applicable intellectual property and other laws. No rights or title to any of the proprietary and confidential information on our website or any software used in connection with any of its services is provided, transferred or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of our services or software, in whole or in part. Trademarks, service marks, logos, and copyrighted works are the property of the SKY ACA Reporting. We retain all rights with respect to any intellectual property appearing on the website, and no rights in such materials are transferred or assigned to you.
By electing to participate in any Beta Services, you acknowledge that (1) such services are provided ‘AS-IS, AS AVAILABLE’ with no warranty whatsoever; (2) the Beta Services are a pre-release, pre-production version and may not work properly.
You agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us to enable us to duplicate errors or problems that you may experience. You agree that all information regarding your Beta test, including your experiences and opinions regarding the Beta Services, will be deemed our confidential information and you agree not to disclose such testing results or experiences with any third party or use them for any purpose other than providing feedback to us.
You agree that we may use your feedback for any purpose whatsoever, including product development and for press and marketing purposes. Any intellectual property inherent in your feedback will be owned exclusively by us.
The commercially available version of the Beta Services may change substantially from the pre-release version, and may not be compatible with the commercial release or subsequent updates.
This Agreement or any dispute arising from this Agreement is governed by the laws of South Carolina, without regard to provisions of conflicts of law. Any legal action or proceeding related to this Agreement will be brought exclusively in a court of competent jurisdiction sitting in the State of South Carolina, County of Greenville, and you hereby consent to the jurisdiction of any such court.
If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY SERVICE PROVIDED BY THIS WEBSITE. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS WEBSITE FOR ANY PURPOSE. As a condition of your use of this Website, you warrant to us that you will not use this Website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this Website automatically ends.
You may not modify or amend this Agreement in whole or in part without the prior written consent of one of our authorized representatives. We may replace or amend this Agreement from time to time by posting new terms of service to this Website. Please check the Terms and Conditions periodically for changes. Your subsequent use of the Website, or any content, products, services or materials provided through the Website, will be subject in all respects to the terms of service in force at the time of such subsequent use.
Any failure on our part to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by either party must be in writing and signed by our authorized representative.
This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and us.