PLEASE READ THE TERMS OF THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING OR ACCESSING ANY FEATURES OF THIS SOFTWARE APPLICATION. BY INSTALLING OR USING THE SOFTWARE APPLICATION, PROGRAM, ACCOMPANYING DOCUMENTATION, READ-ME FILES, OR OTHER FILES (COLLECTIVELY THE “APPLICATION”), YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT (“AGREEMENT”). IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DELETE THE APPLICATION FROM YOUR MOBILE DEVICE, COMPUTER, AND OTHER ELECTRONIC HARDWARE.
THIRD PARTY WEBSITES. This Application may provide you with links to other websites or applications on the Internet (“Linked Sites”). The Linked Sites are not under Moonlight Graham’s or the Insurer’s control, and they are not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by Moonlight Graham or the Insurer, or any association with the operators of the Linked Sites. Your interactions with third parties associated with the Linked Sites are between you and those third parties associated with the Linked Sites. You hereby agree that Moonlight Graham or the Insurer shall not be responsible for dealings with third parties associated with the Linked Sites.
A description to a product, service, or publication provided by the Application (including any description or reference via hyperlink) does not imply endorsement by Moonlight Graham or Insurer of that product, service or publication. Products and software offered through this Application shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
MOBILE DEVICE. By accessing and using the Application with your mobile phone, personal media player, slate computer, tablet computer or other mobile device (collectively “Mobile Device”), you acknowledge and agree that you may receive certain communications from Moonlight Graham or the Insurer (such as text messages and pictures, e-mails, or other electronic communications means, collectively “Mobile Communications”). By accessing and using the Application via your Mobile Device, you may incur fees from your mobile data provider or carrier, and you are solely responsible for the payment of such fees. If you choose to disclose information regarding your actual location (including location-related information provided by your mobile data provider or carrier, provider, or other third party applications), you acknowledge and agree that: (1) such information may be made available to other viewers of such information; and (2) neither Moonlight Graham nor the Insurer are responsible for the correctness of such information and any use of such information by third parties, including other users.
YOUR DATA AND CONTENT. Through your use of the Application, we will automatically collect your personal data as described in the Privacy Notice for the Moonlight Graham Mobile Application displayed here (“Privacy Notice”), and you may, in addition and as described in the Privacy Notice, actively enter and submit information or data in connection with your use of the Application, including information provided in the free-text feedback, or your Application account (collectively “User Data”). You assume sole responsibility for any User Data you share, and you alone are liable for the consequences when you post User Content (as defined below) or User Data. All User Data, is subject to the Privacy Notice.
The information available through the Application may be protected health information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), and may be protected by HIPAA and other state and federal laws governing the privacy, security and confidentiality of medical records, PHI and other personal information. Moonlight Graham and Insurer strive to keep the PHI available within the Application confidential. For more information about how PHI is collected, used, disclosed and protected, please review, the Privacy Notice.
To enable us to provide you with the Application, you hereby grant us: (a) a non-exclusive, worldwide, royalty-free, transferable, sub- licensable, right and license to collect, process, and use your User Data as set forth in the Privacy Notice and this Agreement; and (b) an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, transferable and sub-licensable right and license to use for any lawful purpose your User Data in anonymized form.
In addition, in the course of your use of the Application, you may submit and share content and information with us or with other users of the Application, which may include feedback, comments, improvements, suggestions, questions, ideas or other information (collectively “User Content”). You represent and warrant that you own all intellectual property rights in your User Content or otherwise have the right, and received all required consents, authorizations and licensed to use the User Content for the Application and to provide the User Content to us as contemplated hereunder, and that by submitting or sharing your User Content with us, you are granting us and our affiliates with an irrevocable, worldwide, perpetual, unrestrictive, non-exclusive, royalty-free, transferable and sub-licensable right and license to use, copy, distribute, disseminate, prepare derivative works of, and display your User Content in any manner we deem it, including for commercial purposes or otherwise, at our sole discretion and without acknowledgment or compensation to you but in each case we will not share or publish your personal data without your express prior written consent.
As between you and Moonlight Graham, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Data and User Content and any intellectual property rights or other proprietary rights associated with your User Data and User Content.
You are solely responsible for making backup copies of your User Data and User Content. If the Application is discontinued or canceled, we may permanently delete your User Data and User Content in accordance with the terms of the Privacy Notice.
SUBMISSIONS. You hereby grant to Moonlight Graham and the Insurer the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, reviews or comments, advertisements or listings for products and/or services, or other information communicated to MOONLIGHT GRAHAM through use of this Application (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. MOONLIGHT GRAHAM will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations.
You agree that all Submissions provided are the sole responsibility of the person or entity from which the Submission originated, and that you are responsible for each Submission that you post using this Application. As MOONLIGHT GRAHAM may make modifications to this Application, you agree that MOONLIGHT GRAHAM may at any time delete, refuse or move Submissions posted to the Application for any reason.
NO UNLAWFUL OR PROHIBITED USE.
You agree that you will not:
- Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
- Violate the copyright, trademark, or other intellectual property rights of any other person or entity.
- Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
- Improperly assume or claim the identity, characteristics, or qualifications of another person.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent. Attempt to gain access to any portion of this Application, any computer, server, account, network, software, or hardware associated with this Application, from which you are restricted.
- Violate any applicable laws or regulations.
- Disrupt the normal flow of dialogue, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Application.
- Post Submissions or any other content using any manual or automatic posting tools other than those provided by MOONLIGHT GRAHAM without express written consent from MOONLIGHT GRAHAM.
- Post hyperlinks to other websites that contain content that falls within the descriptions set forth above.
MOONLIGHT GRAHAM and the Insurer are not obligated to monitor the communications posted to the Application. However, they may, at their sole discretion edit, decline to post, or remove any information or materials or any portion thereof. You agree that you will create only one account for use of this Application.
SECURITY. Any user names and/or passwords used for this Application are for individual use only. You will be responsible for the security of your user name and/or password (if any). MOONLIGHT GRAHAM will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that MOONLIGHT GRAHAM considers insecure, MOONLIGHT GRAHAM will be entitled to require the password to be changed and/or terminate your account. You agree to provide true, accurate, current and complete information on this Application for use in any program, website, or service in which you participate through this Application. If you provide any information that is false, inaccurate, out of date, or incomplete, or MOONLIGHT GRAHAM or the Insurer has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, then we may suspend or terminate your access to this Application and the services thereof, and may refuse any and all current or future use of the services.
NO REPRESENTATIONS OR WARRANTIES. MOONLIGHT GRAHAM and the Insurer make no representations or warranties that this Application is free of defects, viruses or other harmful components, and neither party shall be responsible for any damages or loss that may result from the hacking or infiltration of this Application, or MOONLIGHT GRAHAM’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS APPLICATION AND YOU AGREE TO HOLD MOONLIGHT GRAHAM AND THE INSURER HARMLESS FROM, AND YOU COVENANT NOT TO SUE MOONLIGHT GRAHAM FOR, ANY CLAIMS BASED ON THE USE OF THIS APPLICATION, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS APPLICATION. The pages provided by this Application may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS APPLICATION IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOONLIGHT GRAHAM AND THE INSURER DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. MOONLIGHT GRAHAM AND THE INSURER MAKE NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE APPLICATION FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL MOONLIGHT GRAHAM, THE INSURER, OR THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS APPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOONLIGHT GRAHAM OR THE INSURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of the Application or the associated services, your sole remedy is to cease using them. In no case shall MOONLIGHT GRAHAM be liable for any amount exceeding $25.
TERMINATION. MOONLIGHT GRAHAM and the Insurer reserve the right to terminate your access to the Application or to any or all of its services at any time without notice for any reason whatsoever, and shall not be held liable to you or any third-party for any termination of your access to this Application.
TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, and logos displayed by this Application are the property of MOONLIGHT GRAHAM, the Insurer, or the party that provided the trademarks, service marks, and logos to MOONLIGHT GRAHAM. MOONLIGHT GRAHAM and any party that provided trademarks, service marks, and logos to MOONLIGHT GRAHAM retain all rights with respect to any of their respective trademarks, service marks, and logos displayed by this Application. All content provided by the Application whether provided by MOONLIGHT GRAHAM or through links to Linked Sites is the copyrighted work of MOONLIGHT GRAHAM and/or the owner(s) of the Linked Sites. Except as stated herein, none of the contents of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of MOONLIGHT GRAHAM or the owner(s) of the Linked Sites.
DATA USE AND PRIVACY. Please refer to our Privacy Notice for information regarding the collection and use of personal information from use of this Application. You agree to the collection, use, and disclosure of your data in accordance with the Privacy Notice. Despite any representations concerning privacy, MOONLIGHT GRAHAM reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good- faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific features or pages of this Application may include additional or different terms relating to the use of personal information collected from such features or pages.
MOONLIGHT GRAHAM and the Insurer’s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of their rights to comply with governmental, court, and law enforcement requests relating to your use of the Application, or information collected by MOONLIGHT GRAHAM or the Insurer in connection with such use.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Application is strictly prohibited. MOONLIGHT GRAHAM reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights MOONLIGHT GRAHAM may have.
CONTACT INFORMATION. Questions about this End User License Agreement should be directed to: MG@skygenusa.com
This Agreement was last revised on June 1, 2021.