VERIZON SECURITY & PRIVACY APP TERMS OF SERVICE
PLEASE READ THIS LEGAL CONTRACT CAREFULLY AND COMPLETELY. IT GOVERNS YOUR USE OF THE VERIZON SECURITY & PRIVACY APP ("S & P"), LIMITS VERIZON'S LIABILITY TO YOU AND REQUIRES YOU TO RESOLVE DISPUTES WITH VERIZON THROUGH BINDING AND INDIVIDUAL ARBITRATION, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, DO NOT CLICK-TO-ACCEPT IT OR USE S & P. YOU WILL BEGIN TO INCUR DATA USAGE CHARGES ONCE YOUR SETUP OF S & P IS COMPLETE.
- S & P PROVIDERS. The S & P app is provided to You by Verizon and Intel Security: Your relationship with Verizon is governed by the terms of Your Customer Agreement, including the arbitration provision, the Verizon Privacy Policy and by these Terms of Service ("TOS"). The current versions of the Customer Agreement and Privacy Policy can be found at: https://www.verizonwireless.com/legal/notices/customer-agreement/ and http://www.verizon.com/about/privacy/full-privacy-policy, respectively. The S & P app includes Intel Security software which allows the security functions of S & P to operate on Your device. Your relationship with Intel Security is governed by its Intel Security License Agreement, which can be found at https://home.mcafee.com/Root/AboutUs.aspx?id=eula.
- DEFINITIONS. In the TOS: (a) "Verizon" means Verizon Wireless; (b) "Intel Security" means Intel Security, a wholly-owned subsidiary of Intel Corporation; and (c) "You" and "Your" mean an individual who uses S & P and any person or entity represented by that individual.
- LICENSE GRANT. Subject to the TOS, We grant You a personal, revocable, non-transferable, non-exclusive limited right to use the Intel Security software on Your device solely as permitted by its functions. We grant You no other rights, beyond what is expressly granted to You herein, and specifically reserve any and all other rights.
- PRIVACY & SECURITY. Intel Security's Privacy Notice is available at http://www.mcafee.com/common/privacy/english/index.htm and explains Intel Security's policies with respect to the collection, use and disclosure of information related to or derived from your use of S & P. Please read the Privacy Notice carefully and completely. It is incorporated by reference into the Intel Security License Agreement, and by using S & P, You consent to the collection, use and disclosure of Your information as set forth in that Policy. Since Intel Security cannot guarantee the security of Your personal information, You acknowledge and agree that You provide it to Intel Security at Your own risk.
- RESTRICTIONS ON USE. S & P is intended for Your personal use only. You may download and use S & P only if You can form a binding contract with Us and You are not a person who is barred from downloading or using S & P by laws of the United States or any other applicable jurisdiction. You shall not use S & P in any way that violates any applicable rules, laws or regulations or infringes any copyright, trademark or other intellectual property right or discloses a trade secret or confidential information. You shall not: (a) decompile, reverse engineer, disassemble, derive the source code of or decrypt it; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from it; (c) rent, lease, sell, redistribute, loan, distribute, sublicense or otherwise transfer it to any third party; (d) remove, obscure, or alter any proprietary notices, including copyright or trademark notices; or (e) install or use it on more than one device.
- MISUSE. You shall not misuse S & P including, without limitation, using it in any manner that: (a) interferes with or interrupts it or any hardware, software, system or network connected with it; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another's privacy rights; (c) uses it on a device without permission; (d) tampers with or makes an unauthorized connection to any network, including, without limitation, the network of any wireless carrier; (e) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of it or any other computer software or hardware.
- COMMUNICATIONS. You consent to receive electronic communications from Us in connection with Your use of the S & P application. They are part of S & P services and are not subject to the Verizon Wireless Do Not Call Policy, and You are solely responsible for any fees or charges related to them. You may turn off certain features, such as receiving proactive Device Insights from Us, if you choose.
- S & P WEB FUNCTIONALITY & PASSWORD. You agree to provide Us with complete and accurate information when using the S & P web functionality. You are solely responsible for any activity that occurs on or in relation to Your account and for keeping Your password confidential, and You are solely liable for any damages resulting from Your failure to do so. Anyone with access to Your account or password can use S & P on Your device. If You believe that the confidentiality of Your password has been compromised, You should change Your password immediately.
- FAQs & SPECIFIC FUNCTIONS. The FAQs are available at http://www.verizonwireless.com/support/verizon-security-and-privacy-faqs/. Please read them carefully and completely before using S & P.
- DISCLAIMER OF WARRANTIES. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT S & P IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON S & P IS AT YOUR SOLE RISK AND DISCRETION. VERIZON HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING S & P, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, VERIZON MAKES NO WARRANTY THAT (I) S & P WILL MEET YOUR REQUIREMENTS; (II) S & P WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH S & P WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN S & P WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERIZON OR INTEL SECURITY SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT VERIZON AND INTEL SECURITY HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN S & P. YOU ACKNOWLEDGE AND AGREE THAT VERIZON AND INTEL SECURITY MIGHT NOT BE ABLE TO OFFER S & P AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. IN THE EVENT OF ANY FAILURE OF S & P TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY VERIZON OR INTEL SECURITY AND VERIZON AND INTEL SECURITY WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. VERIZON AND INTEL SECURITY WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO S & P, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
- LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE S & P, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACK UP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO S & P. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- INTELLECTUAL PROPERTY RIGHTS. You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with S & P are Our and Intel Security's exclusive property, and all such rights not expressly granted to You herein are reserved and retained by Us and Intel Security, as applicable. If You submit comments or ideas about S & P, including ways to improve S & P or other products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Ideas without compensation and/or to disclose the Ideas to anyone on a non-confidential basis. You further acknowledge that neither We nor Intel Security, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Our employees or obtained from sources other than You.
- INDEMNIFICATION. You agree to indemnify, defend and hold Us harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) Your use or misuse of S & P; (b) Your alleged or actual breach of the TOS; (c) Your alleged or actual violation of applicable rules, laws or regulations; (d) Your negligence or willful misconduct; or (e) Your alleged or actual infringement of the intellectual property or other rights of third parties. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify, and You agree to cooperate in that defense.
