Terms of Service Agreement
THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”) CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN McAfee, LLC AND/OR ITS CURRENT AND FUTURE SUBSIDIARIES (“MCAFEE”) AND YOU, FOR USE OF MCAFEE’S SERVICE(S) WHICH YOU SELECTED OR INITIATED ON THE MCAFEE WEB-SITE (https://service.mcafee.com, THE “SITE”). IF YOU ARE LOCATED IN THE AMERICAS, “MCAFEE” MEANS McAfee, LLC; IF YOU ARE LOCATED IN THE ASIA PACIFIC RIM OR EUROPE, THE MIDDLE EAST OR AFRICA “MCAFEE” MEANS MCAFEE IRELAND HOLDINGS LIMITED; IF YOU ARE LOCATED IN JAPAN, “MCAFEE” MEANS MCAFEE CO., LTD.. “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL WHO IS UTILIZING THE SERVICES. THE POLICY AND MATERIALS SPECIFICALLY REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE. BEFORE YOU CLICK ON THE “I ACCEPT” BUTTON OR OTHERWISE INDICATE ASSENT FOR CONTINUING TO USE THE SERVICES, PLEASE READ THE TERMS BELOW CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS, THEN MCAFEE IS UNWILLING TO PROVIDE THE SERVICES TO YOU, IN WHICH CASE YOU SHOULD CLICK THE “CANCEL” OR OTHER SIMILAR BUTTON, OR OTHERWISE INDICATE REFUSAL AND NOT USE THE SERVICES. BY CLICKING ON THE “I ACCEPT,” OR “CONTINUE” BUTTON OR BY YOUR USE OF THE SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED AND CONSENTED TO BE BOUND BY THE TERMS.
- Services Description
- Introduction. McAfee shall provide the Services in accordance with the Terms, and at all times McAfee may, in its sole discretion, modify the features or descriptions of the Services from time to time.
- Support for the Services and Remote Access. During the Services, McAfee may (i) ask You to install certain support software on Your personal computer by downloading the support software from the Site and/or (ii) ask for Your permission to use the remote assist tool through the McAfee service representative to enable McAfee to remotely access and take control of Your personal computer. By electing to receive support, You agree to allow McAfee to use whatever methods as deemed necessary to repair Your personal computer, including remote access. You understand that if remote access is used on Your personal computer, there will be no residual software from the remote session; however, there may be a report created by xml or flash.
- Description of Services, Minimum Requirements.
- McAfee shall provide the following Services subject to the Terms as described below:
||Description of Service
|Virus and Spyware Removal
||McAfee's service representative diagnoses Windows PC to determine if it is infected by malware, and removes it if found in Your personal computer.
||McAfee's service representative assesses the operational health of the Windows PC, and takes steps to improve its efficiency. This may entail adjustments to system settings and the disabling or removal of unnecessary applications and system clutter.
||Other services which may be provided by McAfee.
- Some personal computers may not be able to receive the Services even if initial testing showed that Your connection was qualified or Your personal computer environment was suitable. To receive the Services, a high speed internet connection is highly recommended. The minimum system requirements to receive PC Services are as follows.
- Windows XP, or newer
- Windows Internet Explorer 6.0 or higher
- High Speed Internet Connection (Highly Recommended)
- 800MHz CPU
- 256 MB RAM
- 500MB available hard disk space
Payment for the Services
- Your Responsibilities. You agree that You are a legal license holder of the software on Your personal computer and Your use of the Services and the internet is solely at Your own risk. To receive the Services, You must confirm that You (a) have full access to Your hardware and that are the basis of the problem, and (b) have completed a back-up of any software or data that may be impacted by the Services. All information that You provide to McAfee must be accurate, including Your name, address, credit or charge card numbers, expiration dates or any other payment information required by McAfee. You further represent that You authorize McAfee to bill the charges to the credit card that You provide to McAfee, or to your phone bill if a 900# payment option is utilized.
- Your Restrictions. The Services are not transferable. You may not sell, lease, license, rent, loan, resell or otherwise transfer, with or without consideration, the Services. You may not permit third parties to benefit from the use or functionality of the Services via a timesharing, service bureau or other arrangement on behalf of any other third party or with respect to any hardware or software not personally owned by you. You may not reverse engineer, decompile, or disassemble the Services or any software utilized by McAfee in conjunction with the Services except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Services in whole or in part. All rights not expressly set forth hereunder are reserved by McAfee.
You agree that McAfee may charge to Your credit card or other valid payment mechanism requested by You and approved by McAfee all amounts due and owing for McAfee for the Services. Unless otherwise agreed by McAfee in writing, all payments for the Services must be made at the time of purchase prior to receiving the Services from McAfee. You agree that McAfee may collect interest at the lesser of 1.5 % per month or the highest amount permitted by law on any amounts not paid when due. The Services shall be provided for on a per-incident basis. The term “per-incident” means that the service will address a single issue or problem for a customer as set forth in the Terms.
Warranty and Liability
- Commercially Reasonable Effort.
- McAfee will exercise commercially reasonable efforts to troubleshoot or fix Your personal computer problem as caused by Your use of the Services. If McAfee is unable to resolve Your personal computer problem, You will still be liable for charges for time spent by McAfee's service representative in an attempt to correct a problem.
- In the course of providing the Services, McAfee may determine that the issue is beyond the scope of the Services. McAfee may use commercially reasonable efforts to refer You to the appropriate alternative resource; however, McAfee will not be responsible for transferring You directly to an alternate resource. McAfee reserves the right to refuse, suspend or terminate any of the Services in its sole discretion.
- Disclaimer of Warranty. MCAFEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MCAFEE MAKES NO WARRANTIES THAT: (i) THE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED. ANY SOFTWARE MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. ANY SUCH SUPPORT IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY AND PROVIDED IN ACCORDANCE WITH THE SOFTWARE TERMS THAT ACCOMPANY IT.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MCAFEE OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER INDIRECT DAMAGE OR LOSS. IN NO EVENT SHALL MCAFEE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGE IN EXCESS OF THE PRICE PAID FOR THE SERVICES, EVEN IF MCAFEE OR ITS SUPPLIERS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, some states and jurisdictions, including but not limited to the member countries of the European Union, do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to You. Nothing contained in this Agreement limits McAfee's liability to you for McAfee's negligence or for the tort of fraud. McAfee is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
- Liability Release. McAfee will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the Services or any act or omission, including negligence, by McAfee and/or its suppliers.
- Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if you purchased the Software in the United States, Mexico, Central America, South America, or the Caribbean; (b) in Luxembourg, if you purchased the Software in Canada, Europe, Middle East, Africa, Asia, or Oceania; and (c) in Japan if you purchased the Software in Japan. If you purchased the Software in any other country, then the substantive laws of Luxembourg shall apply, unless another local law is required to be applied. This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The United States District Court for the Northern District of California, and the Superior Court of Santa Clara County, California, when California law applies, the courts of Luxembourg, when the law of Luxembourg applies, the courts of Brazil when Brazilian law applies, and the courts of Japan when Japanese law applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement.
- Ownership. The Services are protected by United States’ and other copyright laws, international treaty provisions and other applicable laws in the country in which it is being used. McAfee and its suppliers own and retain all right, title and interest in and to the Services, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your use of the Services does not transfer to you any title to the intellectual property in the Services, and you will not acquire any rights to the Services except as expressly set forth in this Agreement.
- Force Majeure. McAfee shall not be responsible for any failure to perform under the Terms due to unforeseen circumstances or to causes beyond McAfee's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, McAfee may be excused from such performance to the extent it is delayed or prevented by such cause.
- Export Controls. You acknowledge that any software that may be provided with the Services shall be is subject to the export control laws and regulations of the United State of America (“US”), and any amendments thereof. You shall not export or re-export such software, directly or indirectly, to (i) any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, Libya, North Korea, Sudan, and Syria); (ii) any end user known, or having reason to be known, will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any end user who has been prohibited from participating in the US export transactions by any federal agency of the US government. You further acknowledge that such software may include technical data subject to export and re-export restrictions imposed by US law.
- Entire Agreement. Notwithstanding any of the foregoing, nothing in the Terms will derogate from any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction. The Terms are the entire agreement between You and McAfee relating to the Services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall terminate immediately upon Your breach of any term contained herein and You shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination.
- Contact McAfee. If you have any questions concerning these terms and conditions, or if you would like to contact McAfee for any other reason, please call (408) 992-8599 or (866) 622-3911, FAX to (972) 963-7001, or write: McAfee, LLC Attention: Customer Service, 5000 Headquarters Drive, Plano, TX 75024, or e-mail to the address applicable to your region, found under ‘Contact Us’ at https://www.McAfee.com. Alternatively, you may contact your local McAfee entity at the number listed at https://www.McAfee.com.