When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify SKIM Plan immediately on any unauthorized use of your account, user name, or password. SKIM Plan shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by SKIM Plan, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
3. USE OF SOFTWARE. SKIM Plan may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and SKIM Plan data (collectively, “Software”) are deemed to be licensed to you by SKIM Plan, for your personal, noncommercial, home use only. SKIM Plan does not transfer either the title or the intellectual property rights to the Software, and SKIM Plan retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by SKIM Plan or its licensors and you may not copy or use them in any manner.
4. USER CONTENT. You grant SKIM Plan a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting SKIM Plan, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of SKIM Plan, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that SKIM Plan may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
7. COPYRIGHT INFRINGEMENT. SKIM Plan has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. SKIM Plan has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of SKIM Plan or of a third party, or otherwise violated any intellectual property laws or regulations. SKIM Plan’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SKIM Plan to delete, edit, or disable the material in question, you must provide SKIM Plan with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SKIM Plan to locate the material; (d) information reasonably sufficient to permit SKIM Plan to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to SKIM Plan’s designated agent.
9. NO WARRANTIES. SKIM Plan HEREBY DISCLAIMS ALL WARRANTIES. SKIM Plan IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKIM Plan EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SKIM Plan DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. SKIM Plan’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKIM Plan BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SKIM Plan. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. PROHIBITED USES. SKIM Plan imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SKIM Plan in providing the Site or Service. Any violation of system or network security or of restrictions on the use of images may subject you to civil and/or criminal liability.
14. COPYRIGHT. Subject to the exception set out herein, all contents of Site or Service are: Copyright © 2018 SKIM Plan, LLC, P.O. Box 5228, Santa Rosa, California 95402. All rights reserved. Except that all Imagery for personal/insurer homepages is supplied by AbleStock.com, BananaStock, Brand X Pictures, Comstock Images, Creatas Images, Digital Vision, Goodshoot, Lifesize, Liquidlibrary, Photodisc, PhotoObjects.net, Photos.com, Pixland, Polka Dot Images, Stockbyte, and Valueline/Thinkstock.
17. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by SKIM Plan or by any third party.
18. CALIFORNIA USE ONLY. The Site is controlled and operated by SKIM Plan from its offices in the State of California. SKIM Plan makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as SKIM Plan’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.