C&S Insurance Services, Inc. (C&S) provides, markets, and sells Nippylinks®, a mobile software program to insurance agents and agencies, health plan providers, medical groups and IPA’s, hospitals, and institutions primarily doing business in the Medicare market. Nippylinks allows end users to enter and store confidential and sensitive "micro-data" on mobile devices for the purpose of quick access to provider sites. Micro-data is a term that applies to short strings of data that are critical to end users (e.g. website logins, passwords, access codes, and pin codes.)
If you have questions or complaints regarding Nippylinks, please contact us at firstname.lastname@example.org or by my mail at: 9279 Research Drive, Irvine, CA 92618.
Copyright, Patent and Trademark Information.
Nippylinks, and the information which it contains, is the property of C&S and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Other software or service names or logos appearing in Nippylinks are either trademarks or registered trademarks of C&S, and/or their respective owners. The absence of a software or service name or logo from this list does not constitute a waiver of C&S trademark or other intellectual property rights concerning that name or logo.
Responsibilities & Restrictions.
Nippylinks may only be used for lawful purposes and as accordingly, you agree to not misuse Nippylinks. When using Nippylinks, you agree: (1) Not to upload, post, email or transmit otherwise any material that contains software viruses, trojan horses, worms, files or programs intended to interrupt, destroy, deface or limit the use, access or functionality of Nippylinks (2) Not to upload, post, email or transmit otherwise any material that is illegal, pornographic, abusive or obscene; (3) Not to upload, post, email or transmit otherwise any material that violates the privacy or intellectual property rights of others; and (4) Not to "Reverse Engineer", change, modify, hack, translate, copy, distribute, pledge, assign, transfer, make derivative works, exploit, encumber or crack any portion of Nippylinks.
C&S, in its sole discretion, may remove content and block user access to any content that it determines to be illegal, threatening, pornographic, abusive, obscene or in violation of another party's intellectual property.
You hereby understand that upon using the Nippylinks, you will be required to create your unique User ID & Password (Log-In) to be used by you and only you.
You are responsible for maintaining the security of your Log-In and Nippylinks records entered, imported and exported using Nippylinks. C&S has no knowledge of your Log-In and will not ask or be permitted to ask for your Log-In. C&S, will not under any circumstances, have access to your Log-In stored in Nippylinks.
You agree to not issue your Log-In to any third parties. Generally, you will agree to not share your Log-In with any employee, agent, officer or director of C&S. C&S shall not be responsible for the actions of any individuals who misuse or misappropriate your Nippylinks information or other any of your assets using your Log-In or the information stored in Nippylinks.
Please remember your Log-In. If you lose or forget your Log-In, C&S will not be able to assist you in gaining access to your records since C&S does not have access to or knowledge of your Log-In. Again, it is imperative to not forget your Log-In since this is required to gain access to your records stored in Nippylinks.
Maintenance of Your Nippylinks Records.
Micro-data stored in Nippylinks are referred to as "Nippylinks Records." C&S will maintain an encrypted binary file of your Nippylinks records provided that you are a paid-subscriber of the Nippylinks. The binary is created when you backup your records and is stored in the event that you need to recover your information due to local system crash, damage, loss or hack attempt that results in the self-destruction of your records.
If your subscription expires and you choose not to renew your subscription within 90 days, C&S reserves the right to delete any Nippylinks records contained in your account. Notice will be sent to you prior to termination based on the email address associated with your Nippylinks account.
Nippylinks and Support.
Nippylinks requires an Internet connection to function on Apple & Android mobile devices. Nippylinks employees do not have access to your records. We cannot help you retrieve your records if you forget your Log-In.
The software provided is subject to this Agreement and may be amended by C&S from time to time.
Age of Use.
Nippylinks is available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, Nippylinks is not available to individuals under the age of 18. By using the Nippylinks, you represent that you are over the age of 18. If you do not qualify, you are not permitted to use the Nippylinks. If you are using Nippylinks in your capacity as an employee under an administered program, you must have authorization to use the Nippylinks by your administrator.
Subscription Fees, Payment Terms and Refund Policy.
The fees charged by C&S are referred to as Subscription Fees. Nippylinks is subject to annual Subscription Fees to operate Nippylinks on more than one mobile device or computer.
When you sign up for Nippylinks, you will be subject to annual Subscription Fees in accordance with the Fee Schedule as shown on the website. You will be required to submit payment annually in advance for Nippylinks. Access to the paid-version of Nippylinks will be disabled until payment is received. Subscription Fees are billed and collected in advance based on your subscription plan. Third-party application stores may offer an auto-renewable monthly payment plan for the Nippylinks.
You may cancel your subscription anytime by contacting us at email@example.com or by my mail at: 9279 Research Drive, Irvine, CA 92618.
Channel Partners, Mobile Operators & Resellers.
You are responsible for reviewing the Subscription Schedule from time to time and remaining aware of the fees charged by C&S. The Subscription Schedule is subject to change at any time in C&S’s sole discretion. C&S will use good-faith efforts to notify you via email prior to effectuating any changes to the Subscription Schedule.
As a condition for using Nippylinks, you must provide us with payment. Payment for Nippylinks shall be made by PayPal or a valid credit card, debit card or charge card as accepted by C&S and having sufficient payment to cover the Subscription Fees as charged to you. C&S reserves the right to auto-bill and charge you for recurring Subscription Fees. You are responsible for paying amounts billed by C&S to your credit card for Subscription Fees.
Invalid or Cancelled Payments.
In the event that you cancel your credit card or it is otherwise terminated, you must immediately provide us with a new, valid credit card number. You authorize us from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement and we may terminate this Agreement with you. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this Agreement to your debit card account. If the annual payment option is selected or if you have previously provided your credit card for payment, you hereby authorize C&S to charge your card for such amounts on a regular monthly or annual basis at the beginning of each billing cycle. If C&S is for any reason unable to effect automatic payment via your credit card, C&S will attempt to notify you via email and your Nippylinks account will be disabled until payment is received.
Nippylinks may change the pricing at any time. Pricing changes will be published on Nippylinks’ website. All fees and charges incurred in connection with your username and password will be billed to the payment method designated during the registration process. You are responsible for any fees or charges incurred to access the Nippylinks website through an Internet access provider or third-party service.
You may cancel your account at any time. Since Nippylinks is delivered in full at the time of purchase and we cannot uninstall it from your device(s), you will not be issued a refund.
Right to Disable Access.
C&S, in its sole discretion, may immediately disable your access to Nippylinks without a refund or recourse if it believes you have violated any of the policies listed above or elsewhere in this Agreement.
In the event you need to uninstall Nippylinks from your device, please go to your Application Manager on your device and Uninstall the Nippylinks application.
Compliance with Laws; Monitoring.
You shall use Nippylinks only in compliance with this Agreement. You agree to not use Nippylinks as a means or in a manner that violates any local, state or federal laws in the United States as well as in your country of use.
You hereby agree to defend, indemnify and hold harmless C&S, its business partners, third-party suppliers, providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that: (1) Arises from any alleged breach of this Agreement; (2) Arises from the content or effects of any messages you distribute using Nippylinks; or (3) Otherwise arises from or relates to your use of Nippylinks. In addition, you acknowledge and agree that C&S has the right to seek damages when you use Nippylinks for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
Intellectual Property Rights in Your Content.
You agree that you will not use Nippylinks to upload or transmit any contact lists, communications or content of any type that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions or content to this website or using them in connection with Nippylinks, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to C&S or to any third party using Nippylinks, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to C&S by email, you agree such submission is non-confidential for all purposes. If you make any submission to C&S or if you submit any business information, idea, concept or invention to C&S by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted C&S a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
Security Notification & Disclosure Policy.
C&S takes extensive measures to protect and safeguard its internal infrastructure, software, intellectual property, stakeholders and its customers.
In using Nippylinks, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to C&S. C&S will not provide your contact information to companies you have not authorized for that purpose unless required by law.
The unauthorized access to C&S’s systems, Nippylinks and/or a user's device which runs Nippylinks is prohibited. Furthermore, the threat of disclosing or actual disclosure of any purported weakness, security flaw or degradation of Nippylinks or systems (which are proprietary and property of C&S) in a public forum is prohibited.
If we determine that an entity or individual has attempted to reverse engineer, enter, infiltrate or breach Nippylinks, infrastructure and/or a user's device, we will take swift action - either in the form of a lawsuit and/or a disclosure to appropriate local, state and federal law enforcement agencies.
If, however, your efforts were inadvertent and/or conducted in an internal setting (e.g. on a test device and not that of a Nippylinks user) and such efforts and results were not subject to a contingent threat of public disclosure or actual public disclosure, we will not bring a lawsuit against you or report you to a local, state or federal law enforcement agency.
Warranty Disclaimer and Remedies.
You agree to use Nippylinks at your own risk. C&S does not warrant that Nippylinks will be uninterrupted or error free nor does it make any warranty as to the results that may be obtained from its use. Nippylinks is provided "as is" and C&S disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Your sole and exclusive remedy for any failure or non-performance of Nippylinks shall be for C&S to use commercially reasonable efforts to adjust or repair Nippylinks. C&S regularly makes fixes, enhancements and upgrades to Nippylinks for the benefit of all customers on paid subscription plans.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL C&S OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF C&S SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, C&S IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION [WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR OTHERWISE], THE MAXIMUM AGGREGATE LIABILITY OF C&S TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR NIPPYLINKS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY C&S TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Restricted Persons, Export of Nippylinks or Technical Data.
You hereby warrant that you are not a "Restricted Person". For purposes of this Agreement, you are a "Restricted Person" if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using Nippylinks is: (1) a national of or an entity existing under the laws of any country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Terrorists List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify C&S within twenty-four (24) hours, and C&S shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to C&S
You agree that you shall not utilize Nippylinks to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government.
Links to Third-Party Websites.
Nippylinks permits users to link to non-C&S third-party websites. These links are provided to you as a convenience, and C&S is not responsible for the content of any linked website. Any non-C&S website accessed from this website is independent from C&S, and C&S has no control over the content of that website. In addition, a link to any non-C&S website does not imply that C&S endorses or accepts any responsibility for the content or use of such website.
No Implied Endorsements.
In no event shall any reference to any third party or service be construed as an approval or endorsement by C&S of that third party or of any service provided by a third party.
If you believe any materials accessible on or from C&S’s website infringe your copyright, you may request removal of those materials from the website by contacting us at firstname.lastname@example.org or by mail at C&S, 9279 Research Drive, Irvine, CA 92618 and providing the following information: (1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; (2) Your name, address, telephone number and email address; (3) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (4) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf; and (5) A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, C&S maintains a policy for the termination of Nippylinks subscribers who are repeat infringers.
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, in effect and enforceable.
Waivers, Severability, Modifications & Notifications.
No agency, partnership, joint venture or employment is created by your use of Nippylinks. You do not have any authority of any kind to bind C&S in any respect whatsoever.
Governing Law, Venue & Jurisdiction.
The Agreement shall be governed by the laws of the State of California in the United States of America. Jurisdiction for any legal actions in connection with the Agreement shall be brought in the state or federal courts located in Orange County, CA.
Nippylinks™ fills the need for the secure password management system.
9279 Research Drive, Irvine, CA 92618