Website Acceptable Use Agreement

This Website Acceptable Use Agreement (“Agreement”) is a contract between you and Sky Insurance Technologies, LLC (“us”, “we”, “ACA Reporting Service”, and “Website Owner”).  You should carefully read this Agreement before using our website at ACAReportingService.com (the “Website”). We are willing to provide you with access to our Website only on the condition that you accept all of the terms and conditions contained in this Agreement. By accessing or using our Website, you agree to be bound by this Agreement and all of its terms. If you are using our Website on behalf of a company or organization, such company or organization will also be considered a party to this Agreement.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THE WEBSITE OR ANY SERVICES PROVIDED THROUGH THE WEBSITE. WE RESERVE THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.

Your use of our certain parts of our Website or our services is subject to additional terms and notices (collectively “Supplemental Agreements”).  You agree to be bound by those agreements where applicable as if incorporated into this Agreement.  If the Supplemental Agreements conflict with this Agreement, the terms of the applicable Supplemental Agreement shall govern.

We are not engaged in rendering legal services, investment, or other such advice.

Limitation of Liability and Indemnification

By using any services provided by ACA Reporting Service, you agree that in no event will Website Owner, its officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. In order to use the Website, you must maintain your own Internet access. System availability and access to the services and information available on the Website may be limited or unavailable for reasons which may include, without limitation, system performance, telecommunications failure, hardware failure or software failure. We are not responsible for any loss of data, timeliness of service, or failure to store your data or personalization settings. You indemnify and agree to defend and hold harmless ACA Reporting Service, its officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Website, including any breach by you of the Terms contained in this Agreement.

Ownership, Copyrights, Trademarks, Licenses

Website Owner owns and retains all proprietary rights to the Website, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of the Website Owner.

No Warranties

We provide the Website services on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, we do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.

Jurisdiction.

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.

Severability.

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.

Certification.

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.

Amendments.

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 use to this Website. Please check the Acceptable Use Agreement 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.

Waiver.

The failure of Website or Website Owner 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 Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.

Entire Agreement.

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 Website Owner with respect to the Website and any service it provides.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions (collectively “Supplemental Agreements”), posted policies, guidelines, or rules that may apply when you use additional services. We may make improvements or changes in the information, services, products, and other materials on this Website or terminate this Website at any time for any or no reason and without notice. Your continued use of the Website after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.