McAfee® Identity Protection Membership Agreement

YOUR ORDER OF, USE OF, AND ACCESS TO, THE WEBSITE AND THE PRODUCT IS SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO THE WEBSITE AND THE PRODUCT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN AND TO PROVIDE TRUE, ACCURATE, COMPLETE AND CURRENT INFORMATION ABOUT YOURSELF AND ANY MINOR CHILDREN YOU ARE ELIGIBLE TO ENROLL OR HAVE ENROLLED IN THE PRODUCT. FURTHER, YOU AGREE THAT MCAFEE WILL NOT BE LIABLE TO YOU, YOUR MINOR CHILDREN OR ANY THIRD PARTY IF MCAFEE SUSPENDS OR TERMINATES YOUR ORDER, USE, OR ACCESS TO THE WEBSITE OR THE PRODUCT FOR ANY REASON. YOU ALSO AGREE THAT THE MCAFEE IDENTITY PROTECTION PRODUCT MAY ONLY BE USED IN THE UNITED STATES OF AMERICA (THE “TERRITORY”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS THE WEBSITE OR THE PRODUCTAND/OR CALL CUSTOMER CARE TO CANCEL YOUR MEMBERSHIP AT 1-866-622-3911.

This McAfee Identity Protection product Membership Agreement (“Agreement”) is between you and McAfee (“McAfee” “us” “our” or “we”). This Agreement explains the features and capabilities provided by the McAfee Identity Protection product, and describes the terms and conditions under which you may use and access the McAfee Identity Protection product website (www.mcafeeidprotection.com) and the McAfee Identity Protection product, including without limitation, any paid product upgrade features such as Child Protection (“Product”).

1. Use of Website and/or Product

   McAfee Identity Protection is a service, only available in the Territory, that enables you to monitor for, activities that can lead to the theft of your identity. McAfee and its suppliers are not credit repair organizations or offering any kind of service to repair your credit. The McAfee Identity Protection is neither a credit repair tool, nor an offer to repair or improve your credit score with any credit reporting agency or bureau.
   
   This Agreement may be updated from time to time. You should check the McAfee Identity Protection website (www.mcafeeidprotection.com) regularly for updates to this Agreement. Each time you order, access or use the McAfee Identify Protection website and the Product, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Agreement.
   
   Membership Enrollment.
   In order to qualify for enrollment, you must (i) agree to the terms and conditions of this Agreement, (ii) be eighteen (18) years of age or older and provide your date of birth, (iii) provide a valid Social Security number, (iv) have and provide a valid land address within the United States; and (v) provide a valid email address and phone number.
   
   One feature of the Product is credit monitoring at the three (3) major credit bureaus. However, your order is conditioned upon successful enrollment into only Experian’s credit monitoring program. If Experian is not able to enroll you in its credit monitoring program, your order will not be processed and/or will be cancelled.
   
   The McAfee Identity Protection Product attempts to enroll you for the monitoring programs at the three (3) major credit bureaus: Experian, TransUnion®, and Equifax®. However, McAfee neither controls the enrollment process, nor is responsible for your enrollment at any of these credit bureaus. In addition to the Experian report, in the event that TransUnion and/or Equifax, are able to enroll you in their credit monitoring program, credit monitoring will be provided by the bureau or bureau(s) that were able to enroll you. You will not receive alerts or monitoring of changes to the credit files of the bureau or bureaus that were not able to enroll you in their credit monitoring program. While we attempt to enroll you in monitoring at all three bureaus, we do not control the enrollment process for the credit bureaus and we are not responsible for your enrollment at any of the three bureaus. McAfee Identity Protection will notify you in the event that fewer than all three credit bureaus enroll you in credit monitoring. However, you will not receive a price reduction, discount or refund if you are enrolled in fewer than all three credit bureaus.

2. Features of McAfee Identity Protection

   
   
   Alerts.
   This feature of the Product will send you an “alert” if (i) key changes are detected on your Experian, TransUnion, or Equifax credit reports; (ii) when the Internet Scan feature detects your Social Security number, debit card number, or credit card number on the Internet; or (iii) when the United States Postal Service® receives a request for a change of your residential address..
   
   Three Bureau Credit Monitoring Alerts.
   This feature seeks to monitor key changes in your credit files at the three credit bureaus, and McAfee requests that Experian, Equifax and TransUnion enroll you in their credit monitoring programs. You will only receive alerts for key changes made to the credit reports for which you are enrolled in credit monitoring. If you are not enrolled in credit monitoring at a credit bureau, you will not receive alerts to changes on those reports.
   
   Internet Scan Alerts.
   The Internet Scan feature scans the Internet for your Social Security number and up to three debit or credit cards. We will not automatically scan the internet for your personal information. You must provide us with your credit or debit card numbers and click the “Activate Scan” button for each piece of information that you would like monitored. This feature scans areas on the internet known for criminal activity. We will send you an alert if your information is detected in the method chosen by you; either email, United States Postal Service, or sms mobile text message (standard text rates for your mobile carrier will apply). The Internet Scan feature is provided by McAfee and a third party vendor. Because the internet is vast, neither McAfee nor its vendor guarantee that Internet Scan will detect all improper use of your information.
   
   Unlimited Experian Credit Reports.
   Upon enrollment, you will be able order your Experian credit report at no charge while your membership is active.
   
   United States Postal Service Change of Address Monitoring and Alerts.
   This feature checks for changes to your registered mailing address and alerts you if an address change is detected. The following trademarks are owned by the United States Postal Service: NCOA and United States Postal Service. NCOALink processing is performed by a non-exclusive licensee of the United States Postal Service.
   
   Lost Wallet Protection.
   This feature allows you to contact Customer Support and work with our fraud resolution agents if your credit and debit cards are lost, stolen or misused without your authorization. Our fraud resolution agents will assist you in determining which documents are missing, pulling your credit report to determine which cards are affected by the loss or theft, placing a block on the cards, cancelling the cards, and getting new cards reissued in your name. In some cases, the card issuer may not allow our fraud resolution agents to cancel and reissue your credit or debit card without you on the call. If this happens, we will request that a block be placed on that card and notify you to contact your card issuer directly.
   
   Fraud Resolution Assistance.
   There are certain steps that you must follow in order to obtain assistance from a fraud resolution agent. These steps include contacting a Customer Care at 1-866-622-3911. Additional information about requesting fraud resolution assistance can also be found in the Protection Center of the McAfee Identity Protection website (www.mcafeeidprotection.com) .
   
   If you contact us regarding fraud resolution, you authorize McAfee to order a copy of your credit report for any purpose relating to your request for assistance. "Identity Theft" means that your name, address, Social Security number, credit card, debit card or other personal identifying information was lost, stolen or was used without your knowledge or approval to commit fraud or other crimes.
   
   THE FRAUD RESOLUTION FEATURE IS DESIGNED TO HELP YOU IN CONNECTION WITH RESOLUTION OF AN IDENTITY THEFT. THIS PRODUCT IS PROVIDED TO ASSIST WITH RESOLUTION AND IS SEPARATE FROM ANY AND ALL PRECAUTIONS YOU SHOULD REASONABLY BE EXPECTED TO TAKE, INCLUDING PROTECTING YOUR ACCOUNT NAMES, PASSWORDS, SOCIAL SECURITY NUMBER AND OTHER PERSONALLY IDENTIFYING INFORMATION. FRAUD RESOLUTION ASSISTANCE DOES NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT AND/OR THE CONSEQUENCES OF IDENTITY THEFT.
   
   McAfee, including its agents, independent contractors, assigns or other expressly authorized third party, reserves the right to make an independent investigation of the facts and circumstances related to any fraud resolution assistance request, including making contact by telephone, email, United States Postal Service or otherwise, to any service provider or any other person or entity that McAfee deems necessary, in its sole and absolute discretion, regardless of whether you provide express authorization to make such contact for purposes of verifying and assisting you with your fraud resolution assistance request.
   
   McAfee reserves the right to request that you provide corroborating evidence of the unauthorized transaction, identity theft or other facts related to your fraud resolution assistance request, including signed affidavits, law enforcement or governmental agency reports, receipts of expenses, insurance declaration forms, or any other corroborating evidence that we may deem necessary and reasonable. Further, McAfee reserves the right to refuse any fraud resolution assistance request or provide any fraud resolution assistance in the event you fail or refuse to provide us with any requested corroborating evidence related to a possible identity theft.
   
   McAfee reserves the right not to provide you with any fraud resolution assistance in the event McAfee determines that you knew, or should reasonably have known, of an act of identity theft that commenced prior to your enrollment. If at any time you cancel your membership, McAfee is no longer obligated to provide any additional fraud resolution assistance.
   
   $1 Million Product Guarantee. McAfee Identity Protection is backed by a $1 million Product Guarantee. If our Product fails to provide the specified services and you become a victim of identity theft while enrolled in and using the McAfee Identity Protection Product, you may be eligible for reimbursement of certain expenses related to the identity theft event.. For the Product Guarantee details please go to: www.mcafeeidprotection.com

3. Enrollment in Family Option

   If you are successfully enrolled in the Family Option, credit monitoring alerts will be delivered to the email address you provided.
   
   If you are receiving a complimentary credit monitoring membership, your membership is effective for the period disclosed to you when you received your activation code. Should you choose to discontinue your membership for any reason before expiration of the then applicable membership term for which you are entitled, you may cancel your membership by calling 1- 866-622-3911.
   
   Enrollment in - Add-A-Member Benefit for Current Family Option Members
   
   Primary Members: All current Family Option members (Primary Members) have the option to add one spouse, one adult family member or one adult friend (Added Member) to their Family Option memberships. To add an additional member to your current Family Option membership, you must obtain an Enrollment Code and dedicated URL from McAfee and provide this information to the person you wish to add to your membership. If you decide to cancel the membership of an Added Member, you have the option to add one additional adult family member or friend to your existing membership. However, you are limited to one replacement Activation Code per membership.
   
   Added Members: The Added Member must access the dedicated Added Members enrollment page and enter his/her registration information and Enrollment Code provided by the Primary Member. Added Members will receive all of the product benefits that the Primary Family Option Member enjoy, with the exception of email alerts or access to the credit information related to any child enrolled in the Family Option product, even if the Added Member is a parent or guardian of that enrolled child. Added Members will not have access to the credit information of the Primary Member and the Primary Member will not have access to the credit information of the Added Member.
   
   Add-A-Member - Billing and Cancellation of Memberships
   
   Primary Member: The Primary Member will not be charged an additional fee for adding an additional member to his/her account. The Primary Member is solely responsible for all billing matters on the Primary Member's account.
   
   Added Members: As an Added Member, you will not be charged a membership fee when enrolling in the product.
   
   Cancellation of Memberships: The Added Member´s membership will remain active as long as the Primary Member's membership is active unless the Primary Member cancels the entire membership, or the Added Member cancels him/herself from the membership. The Primary Member can cancel the entire product membership by following the directions outlined in the Billing and Refunds Section below. However, an Added Member cannot cancel the entire membership; the Added Member may only cancel him/herself from the product membership by contacting Customer Support at 1-888-622-3911.
   
   If a Primary Member's membership is cancelled for any reason (i.e., at the initiation of the Primary member, hard or soft decline of the Primary Member's credit card, etc.), the membership benefits of any Added Member will terminate at the end of the Primary Member's current billing term. However, if the Primary Member cancels the membership of the Added Member for any reason, the membership benefits of any Added Member will terminate immediately. If the Primary Member cancels the membership of the Added Member and/or the Added Member cancels him/herself from the membership but the Added Member wishes to re-enroll in the product at a later time, the Added Member will have the option to re-enroll in the product by paying a monthly or annual membership fee.

4. Enrollment in Child Option

   The Child Option is an upgrade feature of the Product that you may purchase for an additional fee as set forth below. If you are successfully enrolled in the Child Option, credit monitoring alerts will be delivered to the email address that was provided to McAfee when you enrolled. It is your responsibility to update your email address if it should change.
   
   Your order of the Child Option is conditioned upon your successful order of McAfee Identity Protection in accordance with the terms and conditions set forth above. If Experian is unable to enroll you in its credit monitoring program, your entire order, including any pending orders to monitor for the presence of an Experian credit file of minor children will not be processed and/or cancelled and you will not receive alerts or monitoring of changes to your credit files or alerts or monitoring regarding the identities [SAME] of your minor children.
   
   Enrollment of Minor Children into Family Option or Child Protection.
   You may enroll up to five (5) minor children online for whom you are the parent or guardian by providing the required information and/or documentation including, but not limited to, a valid Social Security number and date of birth for each minor child. You may enroll additional minor children for whom you are the parent or guardian by contacting Customer Support at 1-866-622-3911. In certain circumstances, you may not be permitted to enroll children on-line. In such circumstances, you may enroll children by contacting Customer Support at 1-866-622-3911. Children that have reached the age of seventeen (17) years and nine (9) months are not eligible to be enrolled in Child Protection.
   
   Fraud Resolution.
   If you are requesting fraud resolution regarding a child enrolled in the Family Option or Child Protection, you will be required to re-certify your status as parent or guardian, and provide documents requested by McAfee to verify your status as parent or guardian, including, but not limited to, the child's Social Security card and birth certificate, valid proof of your identification, and proof of your residence.
   
   Monitoring For Children.
   The monitoring that will be performed for your enrolled minor children is different than monitoring for persons over age eighteen (18). On a monthly basis, McAfee will request an Experian credit report for each enrolled child. If Experian has a credit report for your child, McAfee will notify you via email alert within twenty four (24) hours of McAfee having received the report. In the event that you receive an alert for your child, you agree to provide any documentation that may be requested by McAfee, including, but not limited, to a copy of the child's Social Security card, a copy of the child's birth certificate, proof of your identification and proof of your residence, in order to verify your status as a parent or guardian of the enrolled child, before any information will be released to you.
   
   Certification as Parent or Guardian of Children Enrolled in Family Option or Child Protection.
   We will provide information about a minor child only to the child's parent or guardian such as the fraudulent opening of credit accounts in your child's name. You certify that you are the parent or guardian of each child whom you have name on the Child Protection enrollment forms and that you understand and agree that enrollment may require McAfee to obtain information about those children from a credit reporting company, and that any information about those children that you obtain from McAfee will be used solely for the purpose of protecting against or preventing actual or potential fraud with respect the children whom you are enrolling or have enrolled in Child Protection.
   
   Automatic Unenrollment of Children Prior to 18th Birthday.
   Minor children enrolled by you in will be automatically unenrolled within seven (7) days before their eighteenth (18th) birthday, based on the date of birth information provided by you in the enrollment process. After that time period, you will not receive monitoring of any sort regarding that child.
   
   Cancellation.
   You may cancel at any time during your membership. To cancel your membership please contact us and (i) provide your first name and last name, (ii) the email address associated with the account you would like to cancel; and (iii) the customer number associated with the account you would like to cancel. You may contact us by phone at: 1-866-622-3911.

5. FCRA Disclosures.

   You understand and agree that by submitting your order you are providing "written instructions" in accordance with the Fair Credit Reporting Act, as amended ("FCRA"), for McAfee to obtain information from your personal credit profile from Experian or any other credit reporting company and to obtain information from the personal credit profile, if any, of any minor child whom you have enrolled in. You authorize McAfee to access your credit profile (and those of any minor children whom you have enrolled in) to verify your identity (or those of any minor children whom you have enrolled in ) and to provide credit monitoring, credit reporting, credit scoring, identity monitoring, fraud resolution and card registry products. You also authorize McAfee to access your credit profile (or those of any minor children whom you have enrolled in ) to perform other functions related to providing the product(s) that you have ordered or may order, including to verify your identity or any certification that you may be required to make.
   
   The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer credit reporting company for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer credit reporting company free of charge under the following circumstances:
   
   
   • You have been denied credit, insurance or employment in the past sixty (60) days as a result of your report
   • You certify in writing that you are unemployed and intend to apply for employment in the sixty (60) day period beginning on the day you make the certification
   • You are a recipient of public welfare assistance
   • You have reason to believe that your file at the agency contains inaccurate information due to fraud
   
   
   The FCRA also permits consumers to dispute inaccurate information in their credit report without charge. Accurate information cannot be changed. You do not have to purchase your credit report or other information from McAfee to dispute inaccurate or incomplete information in your Experian file or to receive a copy of your Experian consumer disclosure.
   
   The credit report you are requesting from McAfee is not intended to constitute the disclosure of Experian information required by the FCRA or similar state laws. Experian's National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by McAfee. This disclosure report must be obtained directly from Experian by going to www.experian.com/dispute, or by calling 888-EXPERIAN.
   
   The FCRA allows consumers to get one free comprehensive disclosure of all of the information in their credit file from each of the three national credit reporting companies (Experian, Equifax, and TransUnion) once every twelve (12) months through a central source. Georgia residents can receive two disclosures per year. Although comprehensive, the credit reports from each of the three national credit reporting companies that are available may not have the same information as a credit report obtained directly from the three national credit reporting companies or through the central source. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com, or call 877-322-8228. McAfee's Products are not related to the free FCRA disclosure that you are or may be entitled to.

6. Notice of Prosecution.

   TFor online customers, access to and use of password protected and secure areas of the Product Websites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Product websites may be subject to prosecution.
   
   Failure to comply with the FCRA can result in state or federal enforcement actions, as well as private lawsuits. In addition, any person who knowingly and willfully obtains a consumer credit report or disclosure under false pretenses may face criminal prosecution.

7. Privacy Policy.

   By submitting your order, you acknowledge receipt of our Privacy Policy and agree to its terms, which may be amended from time-to-time. The most current Privacy Policy can be found at http://home.mcafee.com/root/aboutus.aspx?id=privacy. You also acknowledge that the information we collect from you may be provided to a trusted third-party business partner.

8. Not a Credit Repair Organization or Contract.

   McAfee Identity Protection offers access to your credit report, your PLUS Score®, and other credit information. McAfee and its affiliates are not credit repair organizations, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access the Product in order to do so.
   
   Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free.

9. Credit Reports and Scores.

   When you use McAfee Identity Protection you are certifying that you understand and agree to the following:
   
   
   • You may access your credit report and/or score for thirty (30) days from the date of request and/or payment.
   • If you have questions regarding your credit report or would like to dispute information, you may request an investigation by contacting the credit reporting company that supplied the information, as indicated in your credit report. The McAfee Identity Protection website provides you with a link to Information and automated tools for your convenience when filing a dispute; however, you understand that McAfee is not an agent or other entity acting on your behalf to dispute information on your credit report(s).
   
   
   You acknowledge that the information provided to you through the PLUS Score®, including the score factors derived from the elements in your credit history, may change over time as your credit history changes. You also acknowledge that the score factor information on how to manage your credit position assumes there will be no adverse changes in your credit performance. McAfee is not responsible for the accuracy or contents of your credit file, including but not limited to information delivered in the credit report and/or score products. Please note that pursuant to section 609f of the FCRA, consumers can obtain their credit score at any time for a statutorily set fee.
   
   Plus Score®.
   The PLUS Score®, developed by Experian, and the different risk levels presented by it, are for educational use only. The PLUS Score® is not currently sold to lenders, and is not an endorsement or guarantee of your credit worthiness as seen by lenders. The PLUS Score® is not a so-called FICO score, and may differ for a variety of reasons.
   
   Billing and Refunds.
   Unless earlier terminated as set forth herein, this Agreement is effective for the term set forth in the Documentation. If no term is agreed, the default term shall be one (1) year from purchase assuming a yearly membership, except with regards to a free version of the Product for which the default term shall be for so long as McAfee makes such Product available to you. The term could also be one month from purchase if you opted to subscribe in the monthly option. If you have provided McAfee with a valid credit card number or an alternate payment method, your membership will be automatically renewed (and charged to the account you have provided) for another term at the expiration of your current term, whenever your local regulations allow, for a fee no greater than McAfee´s then-current price, excluding promotional and discount pricing. The new term will be for the same duration as the expired term unless otherwise specified at time of renewal. For a yearly membership, this renewal will be processed (and your card charged) within 30 days prior to the expiration of the term and each anniversary thereafter. For a monthly membership, this renewal will be processed (and your card charged) within 7 days prior to the expiration of each monthly cycle. If you do not desire to have your membership automatically renewed, you must, prior to the expiration of your membership term, inform McAfee of your intention not to renew your membership to the Product. McAfee will send written notice of your renewal to the e-mail address you have provided to McAfee prior to the time of your renewal and upon the renewal of your membership term. If your membership is automatically renewed and you request a refund of the membership price within sixty days of the renewal (or any such longer period that McAfee may, in its sole discretion, allow), McAfee will refund the full membership price to you. For a monthly membership, you must request a refund within seven days of the renewal event. Additional details regarding refunds may be found at www.mcafeeidprotection.com. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify McAfee if your credit card is canceled (for example, for loss or theft). Changes to such information can be made at https://home.mcafee.com/Secure/Protected/Login.aspx. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of the Product and destroy all copies of the Product and the Documentation.

10. Binding Arbitration.

    YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU (OR ANY OF YOUR MINOR CHILDREN) AND MCAFEE, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTESAT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU (NOR ANY OF YOUR MINOR CHILDREN) NOR MCAFEE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.

11. Limitation of Liability.

    YOU UNDERSTAND AND AGREE THAT MCAFEE WILL NOT BE LIABLE TO YOU (OR ANY OF YOUR MINOR CHILDREN) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, OR INABILITY TO USE MCAFEE IDENTITY PROTECTION, OR FROM YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE UPON ANY LINKED WEBSITE (IF APPLICABLE), EVEN IF MCAFEE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON MCAFEE, THEN YOU AGREE THAT MCAFEE'S TOTAL LIABILITY TO YOU (AND ANY OF YOUR MINOR CHILDREN) FOR ANY OR ALL OF YOUR LOSSES OR INJURIES (OR THOSE OF YOUR MINOR CHILDREN) FROM MCAFEE'S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO MCAFEE FOR THE PRODUCT(S) YOU PURCHASE FROM MCAFEE (EXCEPT TO THE EXTENT THAT AMOUNTS MAY BE RECOVERABLE IN ACCORDANCE WITH THE TERMS OF THE "MCAFEE IDENTITY PROTECTION PRODUCT GUARANTEE" OR THE “30 DAY MONEY BACK GUARANTEE” DESCRIBED WITHIN THIS AGREEMENT).

12. Disclaimers of Warranties.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF MCAFEE IDENTITY PROTECTION IS AT YOUR SOLE RISK. MCAFEE IDENTITY PROTECTION IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. MCAFEE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES [OTHER THAN THE "MCAFEE IDENTITY PROTECTION PRODUCT GUARANTEE" AND THE “30 DAY MONEY BACK GUARANTEE"] AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. THE INFORMATION CONTAINED ON THE MCAFEE IDENTITY PROTECTION WEBSITE OR IN ANY OTHER MATERIALS YOU MAY RECEIVE FROM MCAFEE IDENTITY PROTECTION AND/OR MCAFEE DO NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE "MCAFEE IDENTITY PROTECTION PRODUCT GUARANTEE" OR THE “30 DAY MONEY BACK GUARANTEE” MADE IN CONNECTION WITH THIS AGREEMENT, MCAFEE MAKES NO WARRANTY THAT (I) THE PRODUCTS AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED OR ERROR-FREE; AND (II) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR CONTENT WILL BE RELIABLE.

13. Modification of Product.

    McAfee may, at its discretion, modify or discontinue McAfee Identity Protection, or any portion thereof, with or without notice. You agree that McAfee will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Product.

14. Security Measures and Authentication.

    Because McAfee Identity Protection uses security measures designed to protect your privacy and to safeguard your information, McAfee Identity Protection may not always be able to successfully provide Product features to you. For example, for certain online features, when the system is unable to verify your identity, you may be routed through a manual authentication process. After your identity has been verified, McAfee Identity Protection will send a private access code via U.S. mail to the address in your credit file, which you can use to access your report online. This process is normally completed within five (5) to seven (7) days.

15. Trademarks.

    McAfee and the McAfee logo are registered trademarks or trademarks of McAfee, Inc. or its subsidiaries in the United States and other countries. Lost Wallet Protection, Plus Score and certain other phrases, graphics, logos and icons are trademarks/service marks licensed by McAfee. Unauthorized use of these trademarks and service mark may be a violation of federal and state trademark laws. Other names and brands may be claimed as the property of others. Third party trademark references herein do not constitute or imply affiliation with, endorsement, or recommendation of McAfee by the respective trademark owners.

16. Copyrights.

    All Content included on the McAfee Identify Protection website (www.mcafeeidprotection.com) such as text, graphics, logos, button items, icons, images, data compilation, is the property of McAfee or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of McAfee or its software suppliers and is protected by United States and international copyright laws. Reproduction of such content, in whole or in part, is prohibited without prior consent.

17. Patents.

    Certain aspects of this website as well as features and products/services accessible from this website may be covered by one or more of the following U.S. Patents licensed by McAfee: U.S. Patent No. 6,321,339; U.S. Patent No. 6,282,658; U.S. Patent No. 6,263,447; U.S. Patent No. 6,496,936; U.S. Patent 7,234,156; and U.S. Patent 6,857,073.

18. Entire Agreement.

    This Agreement, the Privacy Policy, and other policies McAfee may post constitute the entire Agreement between McAfee and you in connection with your use and access of the McAfee Identify Protection website and the Product, and supersede any prior versions of the Agreement, if applicable. McAfee may update the Agreement from time to time by posting revisions to www.mcafeeidprotection.com, or by mailing an updated copy to the most recent address you have provided to McAfee. The Agreement is effective until terminated by McAfee. In the event of termination, the intellectual property, warranty disclaimers, and limitations of liability provisions set forth in the Agreement will survive. In the event of a conflict between any other notice, policy, disclaimer or other term contained at www.mcafeeidprotection.com, or otherwise, this Agreement will control. If any provision is deemed to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.