TERMS OF SERVICE / END USER LICENSE AGREEMENT

Posted: [INSERT NEW DATE OF POSTING]

Effective: [INSERT NEW EFFECTIVE DATE, 30 DAYS AFTER POSTING DATE ABOVE}

IMPORTANT: READ THIS END USER LICENSE AGREEMENT (THIS “AGREEMENT” ) CAREFULLY.

IF YOU INSTALL OR USE ANY SOFTWARE PRODUCT THAT ACCOMPANIES OR IS ASSOCIATED WITH THIS CONTRACT, THIS CONTRACT WILL BECOME A LEGALLY BINDING AGREEMENT BETWEEN YOU AND REALDEFENSE, LLC (d/b/a IOLO) (“IOLO”) AS THE OWNER AND LICENSOR OF THE IOLO SOFTWARE.

IF YOU DO NOT AGREE TO THIS CONTRACT OR DO NOT WISH TO BE BOUND BY THIS CONTRACT, DO NOT INSTALL OR USE THE IOLO SOFTWARE.

THIS CONTRACT APPLIES TO THE FOLLOWING PROGRAMS: SYSTEM MECHANIC® ULTIMATE DEFENSE™, SYSTEM MECHANIC PROFESSIONAL®, SYSTEM MECHANIC®, SYSTEM CHECKUP™, PRIVACY GUARDIAN™, MALWARE KILLER™, BYEPASS™, SYSTEM MECHANIC® BUSINESS, SYSTEM SHIELD®, SEARCH AND RECOVER™, DRIVESCRUBBER®, SUPERANTISPYWARE, IOLOVPN, AND SAFESEARCH (collectively and individually referred to as “iolo Software”).

FOR INFORMATION ABOUT IOLO’S REFUND POLICY, PLEASE CLICK HERE.

THIS CONTRACT REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS), AS STATED IN THE “RESOLUTION OF DISPUTES” IN PARAGRAPH 14 BELOW. YOU SHOULD READ THIS CONTRACT IN ITS ENTIRETY, INCLUDING PARAGRAPH 14.

THIS CONTRACT APPLIES TO YOU AND ANY AND ALL PERSONS THAT YOU PERMIT TO INSTALL OR USE THE IOLO SOFTWARE AS SET FORTH IN THIS CONTRACT BELOW.

These terms of service and license agreement (the “Agreement”) are issued by RealDefense LLC, a Delaware limited liability corporation (“RealDefense”) and governs your use of and access to its products and services, including:

• MyCleanID, MyCleanPC, MyCleanMac, MyPassLock, GetMyDrivers, VirusFix , CyberDefender, Bitdefender, Hotspot Shield, System Checkup, System Mechanic, System Mechanic Ultimate Defense, System Mechanic Professional, System Mechanic Business, Privacy Guardian, Malware Killer, ByePass, System Shield Antivirus and Antispyware, Search and Recover, DriveScrubber, ioloVPN, SUPERAntiSpyware, and other downloadable software RealDefense or its subsidiaries market and provide from time to time (the “Software”);
• MyCleanID, MyCleanPC, MyCleanMac, MyPassLock, GetMyDrivers, VirusFix , CyberDefender, MyHackedEmail, WarrantyStar, MyHeroTech, USTechSupport and online technical support services RealDefense or its subsidiaries market and provide from time to time (the “Services”); and
• RealDefense websites including:
  realdefen.se, iolo.com, iolovpn.com, superantispyware.com, mycleanid.com, mycleanpc.com, mycleanmac.com, mypasslock.com, getmydrivers.com, virusfix.com, cyberdefender.com, myhackedemail.com, warrantystar.com, myherotech.com, ustechsupport.com, and other websites RealDefense or its subsidiaries operate from time to time (the “Sites”).

In this Agreement, the above are referred to collectively as the “Products.” These terms are provided in connection with the RealDefense Privacy Policy (the “Privacy Policy”), which can be found at https://www.realdefen.se/privacy-policy.html. Please read this Agreement and the Privacy Policy carefully. By using the Products you agree to be bound by this Agreement and the Privacy Policy. If you are using the Products on behalf of your employer or another organization, you hereby agree to this Agreement on behalf of that employer or organization. Products include software and services that we own and operate directly, as well as software and services that we market or provide from or on behalf of third parties.

This Agreement may be updated periodically to account for changes to existing products, the introduction of new products, improvements, or features, or a change in the legal or regulatory framework regarding the Sites, Services, or Software. If there is a change to the Agreement, RealDefense agrees to provide notice of the revised Agreement, which may consist of a public notice on the Sites, no less than thirty days before it will become effective.

IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR ANY REVISED AGREEMENT IN THE FUTURE, YOU MAY NOT USE ANY OF THE PRODUCTS, MUST STOP ALL USE IMMEDIATELY, AND TERMINATE ANY ACCOUNTS YOU MAY HAVE WITH REALDEFENSE.

I. WHAT YOU PROMISE TO US

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  1. You are at least eighteen years old and have the authority to enter into legally binding agreements. You are using the Product for yourself, or you are actively monitoring and supervising your minor child’s use of the Products. You remain responsible for any such use.
  2. You have read and agree to the terms and conditions of the Privacy Policy.
  3. You will not misuse the Products in any manner, nor will you assist, support, or suggest that anyone else do so, including in order to:
     1. Probe, scan, or test the vulnerability of any system or network,
     2. Breach or otherwise circumvent any security or authentication measures,
     3. Access, tamper with, or use non-public areas or parts of the Products or shared areas of the Products that you do not have permission to access,
     4. Interfere with or disrupt any user, host, or network (for example, by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services),
     5. Access, search, or create accounts for the Products by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk),
     6. Send unsolicited communications, promotions or advertisements, or spam,
     7. Send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing,”
     8. Promote or advertise products or services other than your own without appropriate authorization,
     9. Resell, repackage, rebrand, or otherwise distribute the Products unless specifically authorized in writing to do so,
     10. Publish or share materials that are unlawfully pornographic or indecent or contain extreme acts of violence,
     11. Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment,
     12. Violate the law in any way, including storing, publishing, or sharing material that is fraudulent, defamatory, or misleading, or
     13. Violate the privacy or infringe the rights of others.
  4. You will use the Products only for a valid legal purpose and only as permitted by applicable law, including federal and state data privacy regulations and export control laws.
  5. With respect to export control laws, you agree that you will not provide or export the Products to (i) nationals or residents of Cuba, North Korea, Iran,  Syria, occupied regions of Ukraine including Crimea, Donetsk, and Luhansk regions, or any other country or region as to which the United States has imposed a trade embargo or related restrictions; or (ii) any person or entity included in the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List, Entity List, or Unverified List. We use various technologies to block users from restricted locations; if you attempt to circumvent these technologies you will be in material breach of this Agreement and we will provide no Products to you.
  6. You will not try to undermine our security safeguards, source code protections, or digital signing mechanisms, or unlawfully copy, reproduce, distribute, publish, or publicly display any RealDefense intellectual property, including any copyrights, trademarks, patents, software, domain names, trade secrets, or information that any person would reasonably believe to be confidential.
  7. You will cooperate with all RealDefense employees, technicians, and contractors in connection with your use of the Products. In certain cases, technicians may request additional information, screenshots, or files from your device. Please be advised that without your cooperation, the services we provide may not be as reliable or effective.

 

II. SOFTWARE USAGE

 

1. The Products may include Software to help protect your data and identity. This Software can be downloaded from the corresponding product Site and is periodically updated. Your right to use the Software depends on your compliance with the terms of this Agreement.
2. RealDefense hereby grants you a limited, personal, internal use, non-exclusive, non-transferable, revocable license to use the Software, solely in connection with this Agreement and the Products.
3. This Agreement does not convey to you any rights of ownership in the Software. By accepting this Agreement you agree that the Software is licensed to you by RealDefense and is not being sold or otherwise transferred to you.
4. As described further in Section XII below, RealDefense expressly disclaims any warranties of non-infringement, merchantability, and fitness for a particular purpose. RealDefense does not warrant that the software will (i) achieve specific results, (ii) operate without interruption, or (iii) be error free. RealDefense uses commercially reasonable efforts to protect your data, but does not warrant that your data will be secure in all circumstances, foreseen and unforeseen.
5. As described further in Section XIV below, RealDefense expressly disclaims all liability for the Software, including any loss or liability resulting from lost or compromised data caused by the Software. The Software may make changes to your computer or mobile device that may adversely affect its functionality, such as deleting system or application files identified (correctly or incorrectly) by the Software as infected or a potential concern. You acknowledge and agree to such changes to your computer or mobile device that may occur as a result of your use of the Software. In no event will RealDefense be liable for any damages, including lost profits or data, or other incidental or consequential damages, arising out of the use or inability to use the software or any data supplied therewith, even if RealDefense has been advised of the possibility of such damages, or for any claim by any other party.
6. The Software and/or Services are not fault-tolerant and are not designed or intended for high-risk activities such as use in hazardous environments requiring fail-safe performance, including nuclear facility operations, air traffic communications systems, weapons systems, direct life support machines, or any other application where the failure of the Software or Services could lead directly to death, personal injury, loss of data, or severe physical or property damage.

 

III. SOFTWARE BEHAVIOR

 

1. Scheduled Tasks. By installing desktop software or mobile apps produced by RealDefense you acknowledge that the products may create and run scheduled tasks on your device. Scheduled tasks are enabled by default. You can disable most scheduled tasks at any time from within the product settings. If you wish to disable ALL scheduled tasks you need to uninstall the software completely. Payment is not required to disable, enable, or amend the scheduled tasks created by any one of the RealDefense Products.
2. Background Processes. Upon installation, RealDefense Products may set and run tasks or background processes on your computer that will auto-start upon reboot or restart of your computer’s operating system. These tasks are required to check your installed software for available updates, validate your license information, monitor your computer for specific product-related items (such as privacy threats, malware infection attempts, etc.) and various other product-related tasks required for the products to operate. If you do not wish to grant the products that permission, please uninstall the products at your convenience or disable the ‘Launch at System Startup’ option from within the product settings where applicable.
3. URL Redirects/Blocked Websites. When installed, RealDefense Products may detect certain website and/or software communication attempts as malicious and block any outgoing or incoming communication between your computer and the specific website and/or IP address. This communication block is done for your safety. If you do not wish to grant the product(s) that permission, please uninstall the Product(s) at your convenience or disable the ‘Safe Browsing’ feature from within the product settings where applicable. If you wish to visit/allow the blocked URL after all, please add the URL to the exclusion list of your security software.
4. User Account Control/UAC. UAC is a security feature of Windows which helps prevent unauthorized changes to the operating system by prompting the user for manual approval. Certain RealDefense Products may disable the UAC prompts relating only to those RealDefense Products. At any point you can uninstall the product if you feel this is an inconvenience to you.
5. Installing Multiple Software Products. Please note that installing multiple security products and/or utilities with overlapping coverage on devices that are not designed for high performance is not recommended, nor needed.
6. General Software Behavior. We use commercially reasonable efforts to support and update our software so it is compatible with each new update and/or upgrade of related software, services, or operating systems that may affect or be affected by our product’s behavior. From time to time, a new software patch or newly deployed version of such third party product may be released that is incompatible with our products. We cannot guarantee that our Products will work after installation of such incompatible products.
7. Silent Software Installation. If you have downloaded any of the software products mentioned in this page, through a 3rd party bundled offer, where any RealDefense Product was included as a “software bundle”, RealDefense software may be silently installed on your device, without an installation wizard, with your explicit consent and permission.

 

IV. IDENTITY PROTECTION SERVICES

 

1. RealDefense partners with Identity and Credit Services, Inc. (“IDCS”) to provide you with comprehensive identity protection. Use of the credit monitoring and identity protection services is subject to additional terms and conditions from IDCS.
2. Some of the Services may allow you to review a copy of your credit report and score or alerts derived from changes to your reports (the “Credit Monitoring Service”). By using the MyCleanID Product that provides the Credit Monitoring Service, you agree that you are providing written instructions and your consent in accordance with the Fair Credit Reporting Act authorizing MyCleanID and RealDefense’s service providers, including but not limited to IDCS, to obtain your consumer report information, including your credit information, from the personal credit report maintained by one or more of the three nationwide credit reporting agencies (Equifax, Experian, and TransUnion), or any other credit bureau from which RealDefense and its service providers obtains consumer information.
3. You agree and hereby authorize IDCS, its agents and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time.
4. You hereby waive any and all claims against IDCS., and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information.
5. You further authorize IDCS and its agents and employees to obtain various information and reports about you (or about your child that you have enrolled, if applicable) in order to provide the products and/or services, including address history reports, name and alias reports, criminal reports, or sex offender reports, and to provide monitoring and alerts.
6. While enrolling for the MyCleanID product, IDCS may ask you for the following types of information:
   1. Contact information (such as name, address, phone number, and email address);
   2. Sensitive information (such as date of birth, driver’s license number and social security number);
   3. Personal information to verify your identity; and
   4. Financial information (such as credit card number).
7. This information is required in order to verify your identity, charge you the agreed upon fees for our products and services, and to provide our Products to you, including communicating with third parties as necessary to provide them, such as identification verification companies, consumer reporting agencies, payment validation companies, law enforcement agencies, or other authorized parties.
8. While we will help you with any issues relating to the Credit Monitoring Service, if you need to contact IDCS you may do so by writing to its agent at:

 

Identity and Credit Services, Inc.
909 S. Sepulveda, Suite 210
El Segundo, CA 90245

 

V. REMOTE TECHNICIAN SERVICES

 

1. RealDefense may offer remote technician services, including live technical support and troubleshooting over the phone or through your computer or device (collectively, the “Remote Services”). Use of the Remote Services is subject to the terms and conditions of this Agreement.
2. By using the Remote Services, you authorize RealDefense, its employees, and its contractors, to access and control your computer, including the installation of and use of software, the collection of system data, and modifying your device settings for the purposes of diagnosis, service, and repair.
3. RealDefense, its employees and contractors, will have no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Remote Services.
4. RealDefense does not provide separate backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.
5. RealDefense will use its commercially available resources to resolve your problem. However, we cannot guarantee that we can solve all problems. The provision of Services may not be successful because the problem is beyond our ability to resolve remotely.
6. You grant RealDefense permission to monitor and record the Remote Services, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. You further hereby grant RealDefense permission to use or disclose any such information as necessary or appropriate to satisfy any law, regulation, or other governmental request; to provide the Remote Services to you and to protect ourselves and/or our customers; and to enhance the types of Remote Services we may provide to you in the future.
7. Agents providing Remote Services do not backup or restore data as part of the Remote Services, and RealDefense will have no liability for any loss or damage to information on your computer or device in connection with the Remote Services. You are solely responsible for maintaining and backing up your information, data, text, software, or other stored materials (“Data”) before using the Remote Services.

 

VI. ONLINE BACKUP

 

1. RealDefense may offer online backup services (“Online Backup Services”) designed to upload and synchronize your Data to an internet-connected facility. Use of the Online Backup Services is subject to the terms and conditions of this Agreement.
2. RealDefense agrees to provide the Online Backup Services in a professional and workmanlike manner and in compliance with all applicable regulations.
3. RealDefense will use its commercially reasonable efforts to assist you with backing up and recovering your Data using the Online Backup Services. However, we cannot and do not guarantee that we will be able to recover your Data in all circumstances.
4. Therefore, your use of the Products is at your sole risk and you are solely responsible for (i) any damage to your computer system and (ii) any loss of or damage to data or information that results from your use of the Products. THEREFORE, YOUR USE OF THE PRODUCTS ARE AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR: (1) ANY DAMAGE TO YOUR COMPUTER SYSTEM; AND (2) ANY LOSS OF OR DAMAGE TO DATA OR INFORMATION THAT RESULTS FROM YOUR USE OF THE PRODUCTS.
5. If you decide to terminate or stop paying for the Online Backup Services, you will have ten days to remove all your accessible Data from the Online Backup Services. After the ten-day period expires, we will delete your Data.

 

VII. THIRD PARTY PROVIDERS

 

1. You acknowledge that some of the Products use software or applications that are developed by parties other than RealDefense (each a “Third Party Provider”). Third Party Providers include AnchorFree AG (developer of Hotspot Shield), Avira Operations GmbH (which provides certain features of SUPERAntiSpyware), BitDefender (developer of BitDefender Antivirus), ShieldApps (developer of MyCleanPC, MyCleanID, MyPassLock), Kaspersky Lab Switzerland GmbH (developer of VirusFix), Systweak Software (developer of MyCleanMac and GetMyDrivers), and Cyren, Inc. (which provides certain features of System Mechanic Professional, System Mechanic Ultimate Defense, Malware Killer, and System Shield). With respect to any software or applications developed or provided by any Third Party Providers, RealDefense (i) makes no warranties of any kind, whether express or implied; (ii) makes no guarantees of any kind, including with respect to performance, uptime, or availability; (iii) expressly disclaims any liability whatsoever for any claims relating to or arising out of the use of Third Party Providers’ products, software, or applications; and (iv) will have no obligations to provide support for any software or any applications provided by any Third Party Provider.
2. Without limiting any of RealDefense’s rights under this Agreement, you agree to indemnify, defend, and hold RealDefense harmless from any claim relating to or arising out of the use of any product, software, application, or service provided by any Third Party Provider.

 

VIII. AUTOMATED TELEPHONE DIALING SYSTEMS

 

You agree to allow RealDefense and its associated companies to contact you for marketing or other purposes using an automated telephone dialing system, an artificial or prerecorded voice message, and by email. Your assent to this Section of this Agreement is not a condition of purchasing any Products. You may revoke your consent at any time by contacting us to notify us of such revocation.

IX. INTELLECTUAL PROPERTY RIGHTS

 

1. Your use of the Products constitutes your agreement to comply with all applicable intellectual property laws, including copyright laws. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information in any format (“Content”) in violation of any person’s or entity’s copyrights, trademarks, or other intellectual or proprietary rights. You also agree that you are solely responsible for any violation of any intellectual property law or any infringement of any person’s or entity’s intellectual property rights caused by any Content that you use or transmit by means of our Products, networks, systems, or servers, or that is used or transmitted by another person by means of our networks, systems, or servers using the Products you have licensed or purchased from RealDefense. You acknowledge that RealDefense’s policy generally is to cooperate in connection with investigations and litigation involving claims of infringement of intellectual property rights.
2. You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that (i) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (ii) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise constitute a violation of applicable law; or (iii) advertises or otherwise solicits funds or is a solicitation for the purchase or sale of goods or services. RealDefense reserves the rights to terminate your ability to upload, download, display, perform, transmit or otherwise distribute such Content; terminate your Software license and your subscription for Services; and delete any such Content from RealDefense’s servers.
3. The services provided herein are protected by copyright, trademark, patent, and other United States and foreign laws. These terms do not grant you any right, title, or interest in the Products or in any RealDefense trademark, logos, and other brand features. You may not use or display any trademarks or service marks owned by RealDefense without RealDefense’s prior written consent.
4. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to DMCA Agent, c/o RealDefense, LLC, 150 S Los Robles Ave, Suite 400, Pasadena, CA 91101; or at DMCA@realdefen.se. If you have knowledge or evidence or in good faith believe that your or another person’s or entity’s copyrights are being violated, you may request that RealDefense delete, edit, or disable the infringing information by submitting a takedown request to the DMCA Agent containing the following information (the “Takedown Request”):
   1. Your name, address, telephone number, and email address;
   2. An identification of the copyrighted work that you claim has been infringed;
   3. The exact URL or a description of where the alleged infringing material is located;
   4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
   5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
   6. A statement by you, made under penalty of perjury, that the above information in your Takedown Request is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
5. Upon receiving a valid Takedown Request, RealDefense will investigate the claims of copyright infringement and will remove content that appears to infringe the copyright or other intellectual property rights of others, and/or suspend or terminate the rights of any person who is determined to have infringed the copyrights of any other person or entity.

 

X. PAYMENT AND BILLING

 

1. You must provide up-to-date billing information in your account. You may do so by changing your payment settings in your account profile at https://www.ustechsupport.com/.
2. You are responsible for all payments related to the Products. Unless we explicitly invoice and itemize tax charges, your payments will be exclusive of taxes, and it is your responsibility to ensure that all applicable taxes have been paid.
3. If you are on a monthly subscription plan, we will automatically bill you on or about the last day of the expiring subscription. If you are on an annual subscription plan, we will send you a notice email within a reasonable time prior to the renewal data reminding you that your plan will renew and payment will be processed on the renewal date.
4. We will continue to bill your account until it is canceled or terminated. You may cancel your account by calling us at (801) 857-2345 or via online chat, email, or website contact form.
5. Refunds for purchases of standalone Software (not provided as part of a Service) will be granted only to users who contact RealDefense within thirty days of purchase by phone at (801) 857-2345. While we will process your refund within ten business days, it may take your financial institution longer to post the credit to your account.
6. Monthly and annual subscription fees are not refundable.
7. All other charges, fees, and taxes are non-refundable unless explicitly stated.

XI. TERMINATION

 

1. You are free to stop using the Products at any time. We reserve the right to suspend or terminate your access to some or all of the Products with notice to you if:
   1. You are in breach of this Agreement,
   2. You are using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
   3. You are delinquent in meeting your payment obligations.
2. If we do terminate your access, we will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your data from the Products. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Products.
3. In certain instances, however, we will terminate your account immediately without first providing you notice. This typically occurs if:
   1. You are in material breach of this Agreement,
   2. Providing you notice of termination would cause us legal liability or hinder our ability to service our other customers, or
   3. We are prohibited from doing so by applicable law.

XII. NO WARRANTIES

 

1. WE STRIVE TO PROVIDE GREAT SERVICES, BUT THERE ARE CERTAIN THINGS THAT WE CAN’T GUARANTEE. THEREFORE, TO THE FULLEST EXTENT PERMITTED BY LAW, REALDEFENSE AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE PRODUCTS. THE PRODUCTS ARE PROVIDED “AS IS.”
2. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

XIII. INDEMNITY

 

1. You agree to indemnify, defend, and hold harmless RealDefense, its parents and affiliates, and its and their officers, directors, employees, consultants, and agents from liability for any and all third-party claims, liabilities, demands, disputes, causes of action, losses, damages, and costs and expenses of any kind (collectively, “Claims”) resulting from:
   1. Any use of the Products in a manner not authorized by this Agreement;
   2. Any material breach by you of the provisions in this Agreement or the Privacy Policy; and
   3. Any acts or omissions on your behalf which infringe, misappropriate, or otherwise violate the intellectual property rights of any other person.
2. You agree to notify RealDefense immediately if you become aware of (i) an act of infringement, violation, or misappropriation of the intellectual property of any other person, or (ii) any unauthorized use of your account or any other breach of security known to you.

 

XIV. LIMITATION OF LIABILITY

 

1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALDEFENSE, ITS AFFILIATES, SUPPLIERS, CONTRACTORS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES REALTED TO LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
2. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER REALDEFENSE OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
3. IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, REALDEFENSE, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES RELATED TO LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. REAL DEFENSE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
4. WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF 50 USD OR THE ACTUAL AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH REALDEFENSE.

 

XV. DISPUTE RESOLUTION

 

1. Prior to starting any formal legal proceedings, we would like the chance to resolve your issue ourselves. You agree that before filing a claim against RealDefense, you will contact us, either by phone at (801) 857-2345 or email at support@realdefen.se. Upon receiving notice of your issue, we will attempt to resolve the issue informally. If RealDefense is unable to resolve the problem within thirty (30) days, you or RealDefense may bring a formal legal proceeding.
2. If we cannot resolve your issue as described above, you agree to resolve any claims relating to this Agreement through final and binding arbitration by a single arbitrator, except as set forth below. This includes disputes arising out of or relating to interpretation or application of these arbitration-related provisions, including their enforceability, revocability, or validity.
3. You acknowledge that arbitration is a substitute for litigation, and that you agree to present any dispute to the arbitrator and not a governmental agency, body, or court.
4. You can decline this agreement to arbitrate by emailing us at support@realdefen.se within thirty days of first registering your account. However, if you agreed to a previous version of this Agreement that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
5. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location we agree to. The AAA rules will govern payment of all arbitration fees.
6. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific paragraph is held unenforceable, then the entirety of this Section XV will be deemed void.

 

XVI. MISCELLANEOUS

 

1. This Agreement is governed by California law except for its conflicts of laws principles. You and RealDefense agree that any judicial proceeding to resolve claims relating to this Agreement or the Products will be brought in the federal or state courts of Los Angeles County, California, subject to the mandatory arbitration provisions above. Both you and RealDefense consent to venue and personal jurisdiction in such courts.
2. This Agreement constitutes the entire agreement between you and RealDefense with respect to the subject matter of this Agreement and supersede and replace any other prior or contemporaneous agreements, or other terms and conditions applicable to the subject matter of this Agreement. These Agreement creates no third-party beneficiary rights. You acknowledge that any adjustment or amendment to this Agreement must be in writing, signed by you and an authorized employee of RealDefense.
3. RealDefense’s failure to enforce a provision is not a waiver of its right to do so later. Our rights under this Agreement survive any transfer or termination of this Agreement.
4. You may not assign any of your rights under this Agreement, and any such attempt will be void. RealDefense may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
5. If any part of this Agreement is held or found to be invalid or unenforceable, that portion of the Agreement will be construed to be consistent with applicable law while the remaining portions of the Agreement remain in full force and effect.

 

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