Terms And Conditions

IDSeal Terms & Conditions
IDSeal Pro-Tec Supplemental Terms
Minimum System Requirements
Home Support Terms & Conditions
IDSeal Pro-Tec, IDSeal Antivirus, and IDSeal PC Cleaner End User License Agreement

IDSEAL^® TERMS & CONDITIONS

These IDSEAL Identity Protection and Management Services Terms & Conditions (these “Terms”) are applicable to your use of the Services (as defined herein) and the Sites (as hereinafter defined).

READ THESE TERMS CAREFULLY BEFORE YOU ENROLL IN, ACCESS OR USE THE SERVICES. BY ENROLLING IN THE SERVICES, YOU ACKNOWLEDGE, ACCEPT AND AGREE TO EACH OF THESE TERMS, AND SPECIFICALLY ACKNOWLEDGE AND AGREE TO EACH OF THE FOLLOWING:

• YOU AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND IDSEAL ARISING FROM OR IN CONNECTION WITH THE SERVICES, YOUR ACCESS TO OR USE OF THE SERVICES, THE WEBSITE AND THE APP, IDSEAL’S POLICIES (AS HEREINAFTER DEFINED), AND THESE TERMS, PURSUANT TO THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN ARTICLE 15 BELOW. “DISPUTE RESOLUTION PROVISIONS”

• YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS, WHICH PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.

• You have read, understand, and agree to be bound by (i) the IDSeal Privacy Policy (the “Privacy Policy”), which describes how we collect and process personal and non-personal information when you use the Services, IDSeal.com and all other websites owned by IDSeal (collectively, the “Website”), and the IDSeal Mobile Application (the “Application” and, together with the Website, the “Sites”); (ii) the IDSeal Cookie Policy, which describes how we may use cookies on the Sites; (iii) the IDSeal Website Terms of Use (the “Website Terms of Use”), which provide the terms and conditions under which you may access and use the Website; (iv), and the IDSeal Mobile Application Terms of Use (the “Application Terms of Use”), which provide the terms and conditions under which you may access and use the Application (collectively, the “Policies”), each of which are hereby incorporated by reference into these Terms.

• Your primary residence is located in the United States of America, you are an individual over 18 years of age and you have the capacity to enter into legally binding agreements, and you have a valid United States Social Security Number (“SSN”).

• You are Enrolling (as hereinafter defined) in or using the Services only on behalf of yourself and not on behalf of any other individual other than (i) an adult member of your household, or (ii) an individual dependent under the age of 18 who lives in your household and of whom you are a parent or legal guardian with authority to Enroll them for the Services (a “Dependent”), in which case you accept these Terms on behalf of such Dependent, and these Terms shall apply to such Dependent upon your acceptance hereof.

• The terms under which you may cancel or terminate your Membership (as hereinafter defined) are detailed in Article 8 below (link here: Cancellation Provisions). Annual Memberships may not be cancelled for a refund except as expressly set forth in these Terms or required by Applicable Law (as hereinafter defined).

• Your Enrollment and access to or use of the Services constitutes your acceptance of these Terms, which IDSeal may modify, revise, amend or update pursuant to the provisions of Article 10 below (link here: Changes in Terms).

• In the event you decide to order a credit monitoring product as part of the Services (if applicable),you understand that by accepting these Terms you are providing “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), to IDSeal (as hereinafter defined), its third party data sources and service providers (collectively, “Providers”), the Providers’ respective affiliates and each of their employees, agents, representatives, contractors, and third party providers (collectively, the “Provider Parties”), and all other credit reporting agencies including, without limitation, Experian®, Equifax®, and TransUnion®, and affiliated entities (collectively, “Reporting Agencies”), to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide the Services to you, subject to the FCRA and all other applicable local‚ state‚ and federal laws, rules and regulations (collectively, “Applicable Law”). You agree and hereby authorize IDSeal, the Providers, and the Provider Parties to provide your Personal Information (as hereinafter defined) (or, if applicable, information about your Enrolled Dependent(s)) to third parties as provided in the Privacy Policy, as may be amended from time to time.  You waive any and all claims against IDSeal, its parents, subsidiaries and other affiliated entities (collectively, “Affiliates”), their respective employees, agents, subsidiaries, affiliates, representatives and contractors, the Providers, and the Provider Parties for the acts or omissions of these third parties with regard to the use or disclosure of such information.  You further authorize IDSeal and its Providers to obtain various information and reports about you (or about your Enrolled Dependent(s), if applicable) in order to provide the Services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.  See Article 18 below for additional disclosures regarding the FCRA (link here: FCRA Disclosures).

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ENROLL IN, ACCESS OR USE THE SERVICES. BY ENROLLING IN OR USING THE SERVICES, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS.

1. General.

IDSeal, LLC, a Delaware limited liability company, and its successors or assigns (collectively, “IDSeal”, “we”, “us, or “our”), provide a suite of identity protection and management features, benefits and related services (collectively, the “Services”) subject to these Terms. For the purposes of these Terms, “you” or “your” refers to the primary member who enrolls in the Services and makes the required initial payment there for (“Enrolls” or “Enrollment”), except that (i) if the plan or package of Services you select upon Enrollment (your “Membership”) includes a family plan covering other adult members in the primary member’s household, such as a spouse or adult child, “you” or “your” also refers to such sub-member(s), and (ii) for Business Direct plans, initial payment is made by the relevant employer as Business Direct client, “you” or “your” refers to the employee Member who receives the Services hereunder through such Business Direct client (from time-to-time referred to herein as a “Business Direct Member”), and Enrollment is completed upon such Member’s access to or use of the Services. These Terms describe how we provide the Services and how you may use those Services, so please read them carefully.

In order to Enroll in the Services, you must be an individual over eighteen (18) years of age and a resident of the United States. You must also have a valid SSN to use certain features or benefits included in the Services. By Enrolling and using the Services you agree that you meet each of these qualifications. You also agree that you will use the Services only for your personal use and you will not input or attempt to access Personal Information of others, the only exception to the preceding being if you have a family plan, in which case after Enrollment you may have access to data related to Enrolled Dependents or others listed on your member account (“Account”). 

You acknowledge and agree that, upon Enrollment, these Terms, together with the Polices, become a legally binding agreement between you and IDSeal only, and no IDSeal Affiliate or Provider is deemed a party to or third party beneficiary of such agreement, although such Affiliates or Providers may provide certain services in connection with the Services provided hereunder. IDSeal remains solely responsible to you for the Services and the performance of IDSeal’s obligations under these Terms, including any work or services performed by any Affiliate or Provider. Accordingly, to the fullest extent possible under Applicable Law, (i) none of the IDSeal Affiliates or Providers will have any direct liability to you; (ii) you will not bring any legal claim, Dispute (as hereinafter defined), or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise, and including, but not limited to, a claim for negligence) in respect of or in connection with these Terms, Policies or the Services against any of the IDSeal Affiliates or Providers; and (iii) you will ensure that no third party which is not a party to these Terms or Policies brings any legal claim, Dispute or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise, and including, but not limited to, a claim for negligence) in respect of or in connection with these Terms, Policies or the Services against any of IDSeal Affiliates or Providers. 

2. Enrollment and Authentication.

In order for you to Enroll, you must provide a valid email address and payment method, and must also have internet access via a compatible browser.  During Enrollment, you may be asked to provide the following types of information: contact information (such as name, address, phone number, and e-mail address); and household information (such as names of Dependents you wish the Services to cover, if applicable) (collectively, “Personal Information”). Further, during the Account authentication process (“Authentication”), you may be asked for additional Personal Information, including sensitive information such as financial account information (which includes, without limitation, credit or debit card information), date of birth, driver’s license number and SSN.  The Personal Information required depends on your selected Membership plan, and the Personal Information you provide will be used in accordance with the Privacy Policy for Enrollment and Authentication in order to verify your identity, charge you the Fee (as hereinafter defined), and otherwise as necessary to deliver the Services pursuant to these Terms.  Upon completion of your Enrollment, your Account will be established and IDSeal will notify you that you need to complete Authentication in order to enjoy full use of your Membership; however, following Enrollment, unless you are a Business Direct Member, you will be charged the Fee for your Membership pursuant to these Terms regardless of whether you complete Authentication. Once you complete Enrollment and Authentication and provide all required Personal Information, you will then have full access to and use of your Membership.  In the event you fail to provide all required Personal Information, you may not have access or use of all or a portion of your Membership until such Personal Information is provided.

3. Personal Information.

At all times during your Membership Term (as hereinafter defined), you must ensure that all Personal Information provided to IDSeal remains accurate, current and complete, including without limitation your email address.  You may update your Personal Information by accessing your Account via the member portal located on the Website (the “Account Portal”) or by contacting Identity Care at 1-888-325-5865.  By accepting these Terms and using the Services, you agree to receive notifications from IDSeal via email at the email address on file with IDSeal. In the event that IDSeal is unable to deliver email messages to you after multiple attempts due to reasons beyond our control (i.e., your email address is no longer valid, your email box becomes full, or your email provider sends our communications to a SPAM or junk e-mail folder, or uses a “safe sender” process), or IDSeal discovers that any other portion of your Personal Information is or becomes inaccurate, then IDSeal may suspend all or any portion of your Membership pending resolution of the issue and, after a reasonable amount of time following such suspension, IDSeal may terminate your Membership upon notice to you as provided for in these Terms.

4. Use of the Services.

You may use the Services only for personal, non-commercial purposes. You may not use the Services for any illegal purpose‚ and you must abide by all Applicable Law when using the Services. You may not use the Services to obtain information or make decisions about anyone but yourself (or your Enrolled Dependents, if applicable). You agree that you will use the Services personally and only to identify errors, and to protect against or prevent actual fraud, unauthorized transactions or other potential fraudulent activity, claims or liabilities. You are solely responsible for your use of the Services and anything you do in reliance on the Services. IDSeal hereby reserves the right to set, define, redefine, modify or change any or all eligibility criteria for Enrollment or any member’s access to or use of the Services.  IDSeal does not provide the Services‚ or any advice or assistance‚ for the purpose of repairing or improving your credit report‚ credit history or credit rating or score.

5. Membership Term.

By Enrolling, you are enrolling in a recurring membership that begins when your initial Fee payment is processed (or, for Business Direct Members, when your employer makes Membership available to you), and will continue for the Membership period you selected during Enrollment (annual, quarterly, or monthly) and then will automatically renew for the same period of time (twelve months, three months, or one month) until your Membership is cancelled or terminated as provided for in these Terms.  Each such Membership period is referred to herein as a “Payment Period” and your total Membership period, including all such renewals, is referred to herein as the “Membership Term.” If you do not wish to renew your Membership, you must cancel your Membership prior to the date that your current Payment Period expires (the “Expiration Date”) in accordance with Article 8 below, in which case your Membership will expire upon such Expiration Date.  For Business Direct Members, your employer may cancel your Membership and end the Membership Term at any time, including without limitation in the event of the termination of your employment, and any questions related to the Membership Term or cancellation should be directed to your employer.

6. Services Fee; Payment Method.

The fee due and payable for each Payment Period of your Membership is established at the time of your Enrollment and will be included in the post-Enrollment welcome e-mail you receive from IDSeal (the “Welcome E-mail”). You are responsible for payment of any taxes applicable to your Membership fee, and the term “Fee”, as used in these Terms, refers to the fee due and payable for your Membership fee plus any such taxes.  Payment in full for the initial Payment Period is due upon Enrollment and thereafter on the Expiration Date of each Payment Period you will be charged for all Fees due and payable for the next Payment Period until you cancel your Membership. Membership Fees will be billed to the credit or debit card you authorized for billing upon Enrollment (your “Payment Method”). We will attempt to charge your Payment Method up to three times, but if IDSeal is unable to bill you for the Fee via the Payment Method provided by you for any reason, then IDSeal may immediately suspend or terminate your Membership.  This Article 6 does not apply to Business Direct Members.

7. Fee Increases; Additional Services.

The amount of the Fee upon Enrollment may represent an introductory offer applicable only to a certain introductory period (the “Introductory Period”), which Introductory Period will be disclosed during Enrollment.  IDSeal will automatically begin charging you the applicable non-introductory Fee amount applicable to your Membership plan (which can be viewed here) at the beginning of the next Payment Period following the expiration of the relevant Introductory Period.  For all Memberships, any such Fee increase is deemed a Material Change subject to the notice and cancellation terms set forth in Article 10 below. 

You may have the opportunity to purchase, at your election, additional features or benefits to be included in your Membership (each, an “Add-On”). The amount due for an Add-On shall be due and payable at the time of purchase, separately from and in addition to the Fee, as applicable.  Details regarding Add-On offers may be viewed on the Website. Purchases of additional credit reports or scores are nonrefundable.  This Article 7 does not apply to Business Direct Members.

8. Your Right to Cancel.

You have the right to cancel your Membership at any time through your Account Portal or by contacting Identity Care at 1-888-325-5865.  If you cancel your Membership prior to the expiration of the then-current Payment Period, then IDSeal (i) will discontinue providing the Services on the date you request or, if no date is specified, then IDSeal will discontinue providing the Services upon the Expiration Date of the current Payment Period, and (ii) will not refund any Fees paid for the relevant Payment Period based on your cancellation of your Membership or any Services included therein (subject to Applicable Law and these Terms).  All outstanding amounts due and payable to IDSeal upon cancellation, including Fees for Add-Ons purchased and processed prior to IDSeal’s receipt of a cancellation request, shall immediately become due and payable upon cancellation, and the obligation to pay for such Services shall survive any expiration, termination, or cancellation of your Membership.  

9. Right to Terminate; Indemnification.

IDSeal may terminate your Membership upon notice to you, which termination will be effective the sooner of the date specified in the notice or the end of the applicable Payment Period. Upon the effective date of any such termination, IDSeal will stop billing you for the Fees and your access to the Services will be terminated. If IDSeal determines, in its sole discretion, that Membership Services have been obtained or used fraudulently, are being used for purposes in conflict with Applicable Law, the Policies or these Terms, or are otherwise being abused or used in a manner not contemplated by or intended by these Terms, IDSeal may terminate your Membership (or any Services included therein) immediately and without prior notice and IDSeal reserves its rights to pursue any other remedies it may have against you at law or in equity. You may not be listed under more than one Account. Attempts by a single member to obtain multiple Memberships or to be named under more than one Account may result in IDSeal’s termination of all relevant Memberships and/or refusal to offer or sell Services to you or any other member of your household.  In the event IDSeal terminates your Membership for convenience and not for one of the reasons expressly set forth in these Terms, then IDSeal will issue to you a prorated refund of the Fees paid by you applicable to the remainder of the then-current Payment Period.  For Business Direct Members, your employer may cancel your Membership at any time and for any reason, including without limitation the termination of your employment, and IDSeal shall not be liable for any claims arising from such termination.

You agree to defend, indemnify, and hold harmless IDSeal, its Affiliates, licensors, Providers, Provider’s affiliates and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of  Applicable Law, these Terms, or Policies, and your use of the Website, including, any use of the Services or Website’s content, services, and products other than as expressly authorized by Applicable Law, these Terms or Policies or your use of any information obtained from the Website.

10. Change in Terms.

Subject to these Terms and Applicable Law, and except for a Material Change, IDSeal fully reserves the right to modify, add, eliminate or otherwise change (collectively, “Change”) any portion of these Terms, Policies or the Services (including any benefits or features thereof or associated therewith), or any term or condition applicable to all or any portion of the Services or your Membership, without direct, individual notice to you. Notwithstanding the foregoing, IDSeal will endeavor to provide timely notice of any Change on one or more of the Sites. Any Change may be made effective at IDSeal’s election upon the implementation date, the date IDSeal posts notice of the Change, or prospectively to a date chosen and specified by IDSeal.  Subject to these Terms and Applicable Law, by continuing to remain a Member or use the Services after the effective date of any Change, you acknowledge the Change and agree to be bound and abide by same, and your exclusive remedy in the event you do not agree to any such Change is to cancel your Membership as provided for in these Terms.

Notwithstanding the foregoing provisions of this Article 10, any Change to the Dispute Resolution Provisions or other material Change made to these Terms following your Enrollment and during your Membership Term (each, a “Material Change”) may be made only by way of mutual consent.  In the event of a Material Change, IDSeal will deliver email notice to you of same at the address associated with your Account, and may also provide such notice in the Account Portal or on one or more of the Sites, and you will then have ten (10) days from the date of such notice to cancel your Membership by written notice to IDSeal, failing which, you will be deemed to have consented to the relevant Material Change and such Material Change will be immediately effective upon the expiration of such 10-day period without any further notice and will continue to be effective for the duration of your Membership Term, subject to these Terms.  For annual Memberships, in the event you cancel based on a Material Change, IDSeal will issue to you a prorated refund of the Fees paid by you and applicable to the remainder of the then-current Membership Term.  The provisions set forth in this paragraph do not apply to Business Direct Members.

11. Policies.

By Enrolling, you acknowledge that you have received, read and understand each of the Policies, including the Privacy Policy, the Website Terms of Use, the Mobile Application Terms of Use; and the Cookie Policy, and you agree to the terms and conditions contained in each, which terms and conditions are incorporated by reference into these Terms. A copy of the current Policies can be reviewed on the Website. Further, by Enrolling and using the Services, you agree that IDSeal may use your Personal Information in accordance with the Privacy Policy, and you authorize IDSeal, its Affiliates, and the Providers to obtain various information and reports about you (or about any Enrolled Dependent) as IDSeal deems reasonably necessary or desirable in the course of providing the Services, subject only to these Terms and Applicable Law.

12. Notice of Prosecution.

Access to and use of password-protected and/or secure areas of the Sites is restricted to (i) Members accessing and using their own Account on behalf of themselves or a Dependent, and (ii) authorized IDSeal personnel or agents. Individuals attempting to access these protected or secure areas of the Sites without authorization may be subjected to prosecution. Failure to comply with the FCRA may 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.  You acknowledge and agree that IDSeal will cooperate with law enforcement in connection with any such actions or prosecutions.

13. NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS OF LIABILITY.

THE SERVICES AND ALL INFORMATION ON THE WEBSITE IS OFFERED AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER  EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, IDSEAL DOES NOT GUARANTEE OR WARRANT THE ACCURACY, CORRECTNESS, TIMELINESS, COMPLETENESS, CURRENTNESS, OF THE SERVICES AND THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

EXCEPT FOR IDSEAL’S OR ITS AFFILIATES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL IDSEAL OR ANY OF ITS AFFILIATES OR ANY OF THE PROVIDERS OR THE PROVIDERS’ AFFILIATES BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES OR THE WEBSITE, ANY LINKED WEBSITE, OR ALL OR ANY PORTION OF THE SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OTHER ECONOMIC LOSSES, OR LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF IDSEAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD BE AWARE OF SUCH POSSIBILITY. THE EXCLUSIONS AND LIMITATIONS OF WARRANTIES, LIABILITY AND DAMAGES SET FORTH HEREIN ARE SUBJECT TO APPLICABLE LAW.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF IDSEAL, IT AFFILIATES, IT PROVIDERS, ITS PROVIDERS’ AFFILIATES, OTHER SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS, THE POLICIES, OR THE SUBJECT MATTER ADDRESSED BY THESE TERMS OR THE POLICIES, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), AND OTHERWISE, EXCEED SIX (6) MONTHS OF THE FEES ACTUALLY PAID BY YOU. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

14. Intellectual Property.

The IDSeal name and logo, the Services, and all portions and elements of or related to the foregoing, are either trademarks, service marks or registered trademarks of IDSeal, LLC or its Affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. No use of any IDSeal trademark may be made by any third party without express written consent of IDSeal or the relevant IDSeal Affiliate, which consent may be withheld, conditioned or delayed in such party’s sole discretion.  Elements of the Website are protected by intellectual property laws such as trade dress, trademark, unfair competition, and other laws, and may not be copied in whole or in part, and no logo, graphic or image on the Website may be copied or retransmitted in whole or in part, in each instance without the express written consent of IDSeal, which consent may be withheld, conditioned or delayed in IDSeal’s sole discretion.

15. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THE FOLLOWING DISPUTE RESOLUTION PROVISIONS CAREFULLY, AS THESE PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.

A. Dispute Resolution Generally
By Enrolling and accessing or using the Services, you agree to be bound by the Dispute Resolution Provisions set forth in Sections 15(B) through 15(H) below.  If either (i) IDSeal or any of its owners, officers, directors, employees, representatives or agents (for purposes of this Article 15, individually or collectively, “IDSeal”), or (ii) you has any legal claim or dispute against the other, including, but not limited to, those arising from or in connection with, or otherwise relating to, (a) the Services, (b) these Terms, (c) the Policies, (d) your access to or use of the Services or the Sites, or (e) the actions or omissions of IDSeal, its Affiliates or its Providers pursuant to these Terms or the Policies (each, a “Dispute”), then the party initiating the Dispute must first try to contact the other to resolve the Dispute informally in good faith. IDSeal must contact you by using the contact information associated with your Account. You must write to IDSeal, LLC, Attn: Legal Department, 1000 Progress Place , Concord, NC 28025, or by email at support@idseal.com.

B. Arbitration
a. All Disputes (in any case, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory), to the extent not prohibited by Applicable Law, shall be resolved by final and binding arbitration, pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”) (available at the following address: https://www.adr.org/sites/default/files/Commercial%20Rules.pdf) or other applicable AAA rules, as in effect at the time of the arbitration and as modified herein. You may contact the AAA in writing at one of its locations (e.g., The Rotunda, 4201 Congress Street, Suite 125, Charlotte, NC 28209). You may also obtain additional information about the AAA and its procedures from the AAA’s website, at www.adr.org. Notwithstanding the foregoing in this subsection 15(B)(a), either you or IDSeal may bring an individual action against the other party in small claims court (or comparable court of competent jurisdiction) so long as the only parties to that action are you and IDSeal and the total value of the claims made in the action is less than the claim limit applicable in the jurisdiction in which the claim is filed.  Following the contact required in Section 15(A) above and prior to commencing an arbitration proceeding with the AAA, a party seeking to arbitrate any Dispute must send to the other party, via certified mail, a written Notice of Dispute (“Notice”). The Notice to you must be sent by IDSeal to the address associated with your Account. The Notice to IDSeal must be addressed to IDSeal, LLC, Attn: Legal Department, 1000 Progress Place , Concord, NC 28025.  The Notice must (i) describe the nature and basis of the claim or Dispute; and (ii) describe the specific relief sought. You and IDSeal each expressly agree to attempt to resolve any Dispute by first sending the Notice to the other party prior to initiating or commencing an arbitration proceeding with the AAA.

b. If a Dispute is not satisfactorily resolved within sixty (60) days after the Notice is sent, either party may then commence an arbitration proceeding with the AAA.

c. If the amount involved in the Dispute is less than $20,000, the arbitration will be conducted, at your election, (i) in person in the jurisdiction of address associated with your Account, or (ii) by telephonic hearing. If the amount in Dispute is $20,000 or more, the arbitration will be conducted in Charlotte, North Carolina. Each of you and IDSeal has the right to be represented by an attorney in any arbitration.

d. The number of arbitrators shall be mutually agreed upon by the parties; provided, however, that in event the parties cannot agree on the number of arbitrators, the AAA Rules will control.  In all cases, the award of the arbitrator(s) shall be accompanied by a reasoned opinion. Punitive or exemplary damages shall be allowed only to the extent the remedy is expressly available under Applicable Law. Discovery shall consist of interrogatories, document requests, and no more than five depositions of seven hours or less each, per side; provided, however, that the arbitrator(s) may award additional discovery upon motion by either party and a showing of need and/or the inability to pursue or defend claims absent additional discovery.

e. The party initiating the arbitration must pay the applicable AAA filing fee when submitting its written request for arbitration to the AAA.  Unless otherwise provided for in the AAA Rules, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between the parties.

f. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses, document production, and evidence presentation.  The arbitrator(s) shall have the authority to award the same damages and other relief that would have been available to the parties as individual claimants in court.

g. Any award may be confirmed and enforced in any court of competent jurisdiction.  The arbitration will be confidential, and neither you nor IDSeal may disclose the existence, content, or results of the arbitration, except as necessary to conduct the proceedings, to confirm and enforce the award, to its own legal or financial advisors, by agreement, or as may be required by Applicable Law.

C. CLASS ARBITRATION WAIVER
EACH DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING. NO CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATIONS ARE PERMITTED EVEN IF ALLOWED UNDER THE APPLICABLE AAA RULES. EACH PARTY AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING (“CLASS ARBITRATION WAIVER”). EACH OF YOU AND IDSEAL ACKNOWLEDGE THAT THE CLASS ARBITRATION WAIVER IS MATERIAL AND ESSENTIAL TO THE RESOLUTION OF ANY DISPUTE.  THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, SUCH THAT CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATION IS ALLOWED, THEN THE ENTIRETY OF SECTIONS 15(B) ABOVE AND 15(F) BELOW (BUT ONLY SECTIONS 15(B) ABOVE AND 15(F) BELOW) SHALL BE NULL AND VOID, AND IF A PARTY CHOOSES TO PROCEED WITH ITS CLAIM IT MUST DO SO IN COURT PURSUANT TO SECTIONS 15(D) AND 15(E) AND ARTICLE 16 BELOW. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS, THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, AND VALIDITY OF THE CLASS ARBITRATION WAIVER AND ANY ATTENDANT QUESTION OR DISPUTE REGARDING THE VOIDANCE OF THE ARBITRATION PROVISIONS SET FORTH IN SECTION 15(B) ABOVE, SHALL IN EACH CASE BE DECIDED ONLY BY A COURT AND NOT BY AN ARBITRATOR.

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS TO THE CONTRARY, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, COLLECTIVE, REPRESENTATIVE, GROUP, OR APPLICABLE PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR PRAYERS FOR RELIEF, MAY BE MAINTAINED IN ANY ARBITRATION HELD PURSUANT TO THESE DISPUTE RESOLUTION PROVISIONS.

D. CLASS ACTION WAIVER
IN THE EVENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, EACH OF YOU AND IDSEAL AGREE THAT SUCH DISPUTE WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING.

E. JURY TRIAL WAIVER
TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, IF NOT PROHIBITED BY APPLICABLE LAW, EACH OF YOU AND IDSEAL HEREBY WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

F. Delegation to Arbitrator
Except as provided in Section 15(C) above, you and IDSeal acknowledge and agree that the arbitrator(s), and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or validity of these Dispute Resolution Provisions, including without limitation any claim that these Dispute Resolution Provisions are void or voidable.

G. Severability
If any provision contained in these Dispute Resolution Provisions is deemed invalid or unenforceable, such provision shall be modified automatically to the minimum extent necessary to render the parties’ agreement to arbitrate valid and enforceable.  If a provision conflicts with a mandatory provision of Applicable Law, the conflicting provision shall be severed automatically and the remainder construed to incorporate the mandatory provision. In the event of such severance or modification, the remainder shall not be affected.

H. Termination and Survival
These Dispute Resolution Provisions shall remain in effect even after the expiration or termination of your Membership or use of the Sites.

16. Governing Law and Jurisdiction.

These Terms, including their formation, construction, interpretation, and enforceability, are governed by and shall be construed in accordance with the law of the State of North Carolina, without regard to its choice of law rules.  Notwithstanding the foregoing, each of you and IDSeal acknowledge and agree that the relationship between you is an interstate commerce transaction and, accordingly, the Dispute Resolution Provisions set forth in Article 15 above, and the interpretation and the enforceability of the Dispute Resolution Provisions, are and shall be governed by the Federal Arbitration Act, notwithstanding any other law to the contrary, and no state law shall apply if, and to the extent such state law is preempted, by the Federal Arbitration Act.  Subject to the foregoing, the substantive law of the State of North Carolina shall govern the substance of any Dispute arbitrated under the Dispute Resolution Provisions.  Further, any court proceedings between you and IDSeal shall be governed by the laws of the State of North Carolina, without regard to its choice of law rules, and such proceedings shall take place in North Carolina; provided, however, that if you bring a small claims action as permitted in subsection 15(B)(b) above, you may do so in the jurisdiction of the address associated with your Account.  Subject to the arbitration requirements contained in Section 15(B) above, for any court action brought in a jurisdiction consistent with the foregoing sentence, each of you and IDSeal agree to submit to the personal and exclusive jurisdiction of such court and waive any objection as to venue or inconvenient forum.

17. Identity Care Contact Information.

For assistance with your Membership, your Account, or the Services, please write or call Identity Care using the following information:

IDSeal, LLC
Attn: Identity Care
1000 Progress Place
Concord, NC 28025
email: support@IDSeal.com
Telephone: 1-888-325-5865 (Monday through Friday, 10am – 7pm EST)

18. FCRA Disclosures.

Some of the Services include access to information related to your consumer credit report.  You understand and agree that by using the credit-related Services as part of your Membership, you are providing “written instructions” in accordance with the Fair Credit Reporting Act, as amended (FCRA), for IDSeal, the Providers, the Provider Parties and the Reporting Agencies to obtain information from your personal credit profile from Experian® or any other Reporting Agency, and to obtain information from the personal credit profile, if any, of any Enrolled Dependent(s). You authorize IDSeal, the Providers, the Provider Parties and any of the Reporting Agencies to access your credit profile (and those of any Enrolled Dependent(s)), to verify your identity (or those of any Enrolled Dependent(s)), and to provide credit monitoring, credit reporting, credit scoring, identity monitoring, fraud resolution and card registry products. You also authorize IDSeal, the Providers, the Provider Parties, and any of the Reporting Agencies to access your credit profile (or those of any Enrolled Dependent(s)) to perform other functions related to providing the Services or information 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 from each Reporting Agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a Reporting Agency must be obtained directly from such Reporting Agency. The credit reports provided or requested through our Website are not intended to constitute the disclosure of information by a Reporting Agency as required by the FCRA or similar laws.

The FCRA allows you to obtain a copy of all of the information in your consumer credit file disclosure from any consumer Reporting Agency for a reasonable charge. The FCRA also states that individuals are entitled to receive a disclosure directly from the consumer Reporting Agency 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; or

• you have reason to believe that your file at the Reporting 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 IDSeal to dispute inaccurate or incomplete information in your credit file or to receive a copy of your consumer disclosure. 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 Reporting Agencies (Experian®, Equifax®, and TransUnion®) once every twelve (12) months through a central source.  Georgia residents can receive two (2) disclosures per year. Although comprehensive, the credit reports from each of the three national Reporting Agencies that are available from IDSeal may not have the same information as a credit report obtained directly from the three national Reporting Agencies or through the central source. To request your free annual report under the FCRA, you must go tohttps://www.annualcreditreport.com/index.action or call 877-322-8228.  IDSeal’s Services are not related to any free FCRA disclosure that you are or may be entitled to.

Some of the Services include assistance in the case of lost, stolen or unauthorized use of credit or debit cards or accounts. Under federal law, your liability for fraudulent charges on credit cards is limited to $50 and on debit and cash machine cards is between $50 and $500 depending on when you notify the card issuer of the loss. On U.S.-issued Visa and Master Card cards, your liability is zero when you promptly notify the bank. Please see your issuer’s terms and conditions for specific details.

19. Credit Score Disclosures.

You acknowledge that the VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide Reporting Agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you’ll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.

There are three different major Reporting Agencies, Experian®, TransUnion®, and Equifax®, that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from Reporting Agency to Reporting Agency because some lenders report your credit history to only one or two of the Reporting Agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.

There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don’t be surprised if your lender gives you a score that’s different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender’s score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.

20. Product and Feature-Related Terms.

Following are descriptions of the Services, along with some benefits, functionalities, and terms applicable to same.  Please see the FAQ for additional information.

A. Identity Management Services.
Not all Memberships include the same suite of Services. Please consult your Welcome E-mail for a full list of Services included in your Membership. If you would like a new copy of your Welcome E-mail or a full listing of all Services included in your Membership, please do not hesitate to contact Identity Care at 1-888-325-5865 or support@idseal.com, or log into your Account Portal.

B. Alert Services.
Some or all alerts, based on your Membership plan, may be sent as described below. Note that the Alert Services are available only if you have a valid, functioning email address and have provided it to IDSeal for use with your Membership. Based on your Membership plan, this feature may send you an email “alert” if (i) certain changes are detected on your bureau credit report or score benefit maintained by TransUnion®, Experian® and/or Equifax®; (ii) when the cyber monitoring feature (where applicable) detects your SSN, debit card number, or credit card number are potentially being misused on the internet; (iii) when the United States Postal Service (USPS®) receives a request for a change of your residential address; (iv) when the sex offender registry feature detects a registered sex offender living within the zip code associated with your Account; (v) when court record monitoring detects a criminal incident is reported in the court system with your identity; (vi) when the fraudulent payday loan feature detects a payday or quick-cash loans taken out in your name which does not require a SSN or credit inquiry to complete; (vii) when the new account opening benefit detects your identity used in new credit card or bank account applications, changes made to your personal information in your bank accounts, or a new signer is added to an existing account; (viii) when the social monitoring feature detects privacy and reputation risks associated with your social network accounts including; or (ix) when the child credit monitoring detects the creation of a credit file associated with a Dependent’s SSN.

C. Credit Monitoring.
The credit monitoring feature monitors your credit file for certain key changes.  As part of this Service, IDSeal will facilitate your enrollment in the Experian® credit monitoring program. In the event that you order a Membership that includes three-bureau credit monitoring, IDSeal will facilitate your enrollment in the monitoring programs provided by TransUnion®, Experian®, and Equifax ®. You will only receive alerts for key changes made to the credit files at the bureaus with which you are enrolled. If you are not enrolled in credit monitoring at a particular credit bureau, you will not receive alerts to changes on files maintained by that bureau.

D. Cyber Monitoring Alerts.
The Cyber Monitoring feature scans the internet for your Personal Information that was provided upon Enrollment. To increase scanning effectiveness, you should provide additional Personal Information in your Account Portal. You may add up to ten (10) debit or credit cards, nine (9) additional phone numbers, ten (10) email addresses, ten (10) bank account numbers, one (1) medical ID number, and one (1) driver’s license number. You must provide IDSeal with the Personal Information that you would like for us to monitor and scan on the internet, and IDSeal will send you an alert by email if such provided Personal Information is detected. The Cyber Monitoring feature is provided by IDSeal and one or more Providers. Because the quantity of information available on the internet is expansive and constantly changing, neither IDSeal nor its Providers guarantee that the Cyber Monitoring feature will detect all improper use of your Personal Information.

E. Change of Address Monitoring and Alerts (USPS®). This feature checks for changes against the mailing address associated with your Account and sends email alerts to you if an address change has been detected.

F. Social Security Number Trace.
This feature searches for your name, aliases, addresses and date-of-birth, in each instance associated with the SSN on file in your Account. We will alert you if we find a different name, address or date-of-birth associated with your SSN in the publically available databases we search.

G. Child SSN Monitoring.
This feature alerts you when fraudulent names, aliases and addresses become associated with your Dependent’s SSN, in addition to monitoring the dark web for his or her information. There is a limit of ten (10) Dependents per primary Membership. This feature is only for Dependents and, once your Dependent becomes 18 years of age, monitoring of that Dependent’s information will automatically cease. The Dependent may, however, be eligible for their own sub-membership under your Membership. Please contact Identity Care at 1-888-325-5865 with any inquiries.

H. Court Record Monitoring.
This feature tracks municipal court systems and alerts you in real time if a criminal act is committed under your name. The feature also collects current data at the state and county level.

I. Sex Offender Proximity Monitoring.
This feature provides a report of all registered sex offenders living within a defined radius of the zip code associated with your Account, and alerts you when a new sex offender moves in. It also notifies you if a sex offender fraudulently registers using your Personal Information.

J. Fraudulent Payday Loan Monitoring.
This feature provides payday loan-monitoring which tracks fraudulent loans associated with your identity.

K. New Credit Application Monitoring.
This feature will notify you if your identity is used for new credit card or bank account applications, changes are made to your personal information in your bank accounts on file with IDSeal, or a new signer is added to an existing account.

L. Social Media Monitoring.
This feature provides alerts for privacy and reputation risks associated with the social network accounts associated with your Account. IDSeal monitors (4) four social media platforms, including Facebook®, Instagram®, Twitter® and LinkedIn®; however IDSeal only monitors (1) account per platform, per Member.

M. Social Network Monitoring (Child/Dependent).
This feature allows a Member parent to monitor his or her Dependents’ Facebook®, Instagram®, Twitter® and LinkedIn® profile, comments, and wall posts for privacy, reputational and child-specific risks. Privacy risks include instances where the social network(s) is sharing certain Personal Information publicly. Reputational risks consider content that may prove detrimental to the Dependent’s reputation like foul language, sexual content, drug and alcohol references, etc. Child-specific risks include cyber bullying, grooming, and weapons references. In the event that the Service locates a risk, the Service alerts the Member. The Social Network Monitoring (Child) alerting database is updated every 24 hours.

N. Native Mobile Application.
The Native Mobile Application provides a subset of available features and benefits that runs natively on a Member’s supported Android or iOS device. The Native Mobile Application supports Member’s Enrollment, and it can also be used in combination with IDSeal’s web-hosted Services.

O. Credit Report and Score.
If your Membership includes credit reports, you will have access to either a single-bureau or tri-bureau credit report when you log into your Account Portal for the first time. Members who have a single bureau report may have access, depending on their Membership, to an additional tri-bureau report. Further, depending on your Membership plan, your credit report may include a credit score. Once you access your credit report, it will remain accessible in your Account Portal, but will only be updated once every six (6) months (semi-annually) from the time you first accessed it. Members who select different features may have access, depending on their Membership plan, to additional credit reports and scores. Additional credit reports may be available for purchase on an a la carte basis.

P. Credit Score Tracker.
This feature permits you to view your single-bureau credit score or tri-bureau in your Account Portal, depending on your Membership plan. The score is updated monthly, and a chart will depict the month-to-month changes to your score. You will receive a reminder via email when a new credit score is ready to view.

Q. Lost Wallet.
This feature allows you to contact Identity Care at 1-888-325-5865 and work with our fraud resolution agents in the event that your purse or wallet, and the Personal Information inside, becomes lost or stolen. Our fraud resolution agents will assist you in determining which cards are missing and, if needed, will pull your credit report to determine which cards may be affected by the loss or theft. Our agents work with you to cancel the cards and get new cards re-issued in your name. In some cases, the card issuer may not allow our fraud resolution agents to cancel and reissue your credit or debit cards without you on the call.

R. Fraud Resolution Assistance.
There are certain steps you must follow in order to obtain assistance from a Certified Fraud Resolution Agent. These steps include contacting Identity Care at 1-888-325-5865. If you contact us regarding fraud resolution, you are agreeing to permit IDSeal and any Provider to order a copy of your credit report for the purpose of assisting you. “Identity theft” means that your name, address, SSN, credit card number, debit card number or other Personal Information was 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 FEATURE 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, SSN, AND OTHER PERSONAL INFORMATION. IDSEAL’S FRAUD RESOLUTION ASSISTANCE DOES NOT CONSTITUTE A POLICY OR CONTRACT OF INSURANCE AGAINST IDENTITY THEFT AND/OR THE CONSEQUENCES OF IDENTITY THEFT OR FRAUD, AND IS NOT A CREDIT REPAIR SERVICE.

IDSeal may request that you provide additional evidence of unauthorized transaction(s), Identity Theft, or other facts related to your fraud resolution assistance request, which may include signed affidavits, law enforcement or government agency reports, receipts of expenses, insurance declaration forms, or other corroborating evidence that we may deem necessary and reasonable to provide resolution services. Further, IDSeal 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 additional evidence.

S. Identity Theft Reimbursement Insurance.
Some Memberships include identity theft insurance underwritten and administered by American Bankers Insurance Company of Florida, an Assurant company under group or blanket policy(ies).  The description provided in the Summary of Benefits is a summary and intended for informational purposes only and does not include all terms, conditions and exclusions of the policies described. Please refer to the actual policies for terms, conditions, and exclusions of coverage. Coverage may not be available in all jurisdictions.  If your identity has been stolen and you would like to make an Identity Theft insurance claim, please Identity Care at 1-888-325-5865.

21. MISCELLANEOUS

A. Entire Agreement
These Terms, including the Polices, constitute the entire agreement between you and IDSeal pertaining to your Enrollment, Authentication, access to and use of the Services, access to and use of the Website and the Application, and any other written or oral agreements existing between us are null and void. You represent that you have read these Terms and the Policies, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the Services, IDSeal has relied on your agreement to be bound by these Terms.

B. Waiver and Severability
No waiver by us of any term or condition set out in these Terms or Policies shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms or Policies shall not constitute a waiver of such right or provision. Except as provided in Section 15(G) above, which shall control for purposes of Section 15, if any provision of these Terms or Policies is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms or Policies will continue in full force and effect.

C. Accessing the Sites and Security
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures for access to the Sites, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account and any account you set up through the Application (“Application Account” and, together with the Account, the “Accounts”), are personal to you and agree not to provide any other person with access to the Sites, Accounts or portions of either using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Accounts at the end of each session. You should use particular caution when accessing your Accounts from a public or shared computer so that others are not able to view or record your password or other Personal Information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of Applicable Law, these Terms, or the Policies.

D. Interpretation
In the event that these Terms and the Policies are determined to be in conflict, regardless of which of the Policies are in conflict, the order of precedence applicable to these Terms and the Policies shall be as follows: (1) these Terms; (2) the Website Terms of Use; (3) the Privacy Policy; (4) the Application Terms of Use; and (5) the Cookie Policy.

Version 1.6
Issue Date: March 31, 2020
Copyright © 2020 IDSeal, LLC
All Rights Reserved

IDSEAL^® SUPPLEMENTAL TERMS

1. Applicability.

These IDSeal Pro-Tec Supplemental Terms (the “Pro-Tec Terms”) govern any purchase or use of the IDSeal products and services identified in Exhibit A attached hereto and incorporated herein (collectively, “Pro-Tec”), and form a part of the binding Agreement between you and IDSeal described in the IDSeal Customer Terms & Conditions. Pro-Tec is considered to be a “Service” as that term is used in the IDSeal Customer Terms & Conditions, and the IDSeal Customer Terms & Conditions apply to Pro-Tec. Other capitalized words used in these Pro-Tec Terms but not defined herein have the meanings assigned in the IDSeal Customer Terms & Conditions.  In the case of a conflict between these Pro-Tec Terms and the IDSeal Customer Terms & Conditions, these Pro-Tec Terms shall govern. 

Pro-Tec is made available to you only on the condition that you agree to be bound by the Pro-Tec Terms. If you do not agree, then do not purchase, access or use Pro-Tec.  By enrolling, accessing, or using Pro-Tec, you are representing that you have the legal capacity and authority to enter into the Agreement, and that you have reviewed, understand, and accept these Pro-Tec Terms as part of the Agreement without limitation or qualification.

2. Software.

The Pro-Tec Services include software that a user must download and install (the “Software”) on a computer or mobile device that has the Minimum System Requirements defined in Exhibit A (each, a “Device”). Some features may only be available using certain browser extensions and not all features are available on all Devices or operating systems. Some features are intended for use while a Device is online or require a Device to periodically be connected to the internet. 

3. License Grant.

Subject to the terms and conditions contained in the Agreement, your subscription to Pro-Tec includes the grant of a personal, nonexclusive, non-transferable, non-sublicensable, and revocable limited license to download and install the Software on the number of Devices agreed at the time of your purchase, and to use those Pro-Tec Services which you have purchased during your Membership Term (the “License”). 

4. License Restrictions.

Your License for Pro-Tec is for your personal use, and you may not distribute, transfer, sublicense, make Pro-Tec available for use by third parties or otherwise commercially exploit Pro-Tec.  You are not permitted to use, store, transmit, copy, or modify Pro-Tec in any manner not expressly permitted by these Pro-Tec Terms. In addition, you may not directly or indirectly (i) decompile, disassemble, reverse-engineer or otherwise try to derive source code from Pro-Tec or use Pro-Tec in order to build a similar or competitive product; (ii) create any derivative work(s) from Pro-Tec; (iii) remove or alter any proprietary notices or labels from Pro-Tec; or (iv) disable, alter, tamper with, or remove any copy protection feature or disabling mechanism, or otherwise attempt to circumvent any enforcement technology in Pro-Tec.

We may at any time in our sole discretion suspend your access to the Pro-Tec Services, including but not limited to for the following reasons: (i) to address a threat to the security or integrity of the Services; (ii) if you have breached the Agreement; or (iii) if any Fees you owe are not received when due.

Use of the Software on multiple Devices simultaneously is permissible only up to the number of Devices described in Exhibit A for the Pro-Tec Services you have purchased. If you wish to change the Device on which you have installed the Software, you must delete the Software from such Device and install the Software on your new Device. If you have installed the Software on a Device that you sell or otherwise transfer ownership of then you must ensure that any Software is removed from such Device prior to transfer. Pro-Tec may contain enforcement technology that limits the size of data storage, bandwidth consumption, or the number of Devices on which the Software may be installed.

IDSeal Antivirus leverages the Avira SAVAPI SDK package, which includes third-party code licensed for use and distribution under open source licenses that may include terms and conditions applicable to your use of IDSeal Antivirus.

Pro-Tec is not designed or intended for use in special or high risk areas such as nuclear-facilities, food or pharmaceutical production, or aviation, weapons, or life-support systems, or any other application in which the failure of the Services could lead to death, personal injury, or severe physical or property damage. You may not use Pro-Tec in such environments, and we expressly disclaim any implied warranty of fitness for such use.

You agree that you will not directly or indirectly export, download, transmit, or permit access to or use the Software or Services and its related documentation, including technical data, in any country to which export, transmission or access is restricted by regulation, statute, or other law, without obtaining authorization from the appropriate government authorities and/or regulatory bodies.

5. Customer Data.

To the extent the Services allow you to store, copy, sync, transfer, submit, or upload files, documents, photos, videos, and other information, content, materials or data (“Customer Data”), you grant us a worldwide, non-exclusive, royalty-free, fully-paid up, transferable and sublicensable right to use, reproduce, store, and remove the Customer Data solely for the purpose of performing this Agreement. You shall retain all other rights in the Customer Data. In the event you post or provide us with any reviews, comments, information, opinions, or suggestions related to the Services, you acknowledge and agree that we may use them without restriction, for any purpose and without compensation to you.

You represent and warrant that the Customer Data and your use of the Services shall not (i) violate Applicable Law or infringe upon any third party right;  (ii) unduly interfere with or otherwise adversely affect our ability to provide the Services; (iii) harm our infrastructure, operations, or reputation or those of our Affiliates, business partners, or customers; or (iv) contain, enable, or initiate a denial of service attack, software virus, malware, or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware. 

You acknowledge and agree that Customer Data will be irretrievably deleted upon cancellation, termination or non-renewal of the License, and we may remove Customer Data at any time, for any reason, with or without notice.

6. Customer Environment.

You are solely responsible for the performance of your Devices including operating systems, software, applications, data, hardware, networked devices, and internet connectivity (the “Customer Environment”). Your use of the Services will be affected by the performance of your Customer Environment. You are solely responsible for the cost of your Customer Environment, including the cost of ensuring that your Devices continue to meet the Minimum System Requirements as they may be updated from time to time.  You are also responsible for any charges incurred with your data- or mobile-service provider in connection with your use of the Software or Services.

You are responsible for installing the Software and any associated updates on your Devices and configuring the Pro-Tec Services to meet your needs. Your subscription to Pro-Tec includes technical support, which we will make available to you in accordance with our current standard support offerings. We are not responsible for supporting your Customer Environment.

You are required to maintain the basic security of the systems and Devices you use to access the Services to prevent use of the Services by third parties in a manner that violates this Agreement.

7. Modifications, Updates, and Upgrades.

We may modify or add new features or functionality to Pro-Tec as a new version of the Services (an “Upgrade”) and offer you the Upgrade at no additional charge or we may condition your use of an Upgrade on the payment of additional Fees. 

We also may provide certain incremental revisions to Pro-Tec (an “Update”) at no additional charge to you. Updates may include important improvements to the security and functionality of the Software and may alter the appearance or operation of the Software.  In in order to ensure that you are running the latest version of the Software on your Devices you give us permission to install Updates on your Devices automatically when available, to the extent that it is possible for us to run such background installations. In the event we are unable to automatically install Updates, you agree to install Updates when we make them available to you.

You acknowledge and agree that we may, at any time and without notice to you, change the Minimum System Requirements or discontinue, suspend or modify (i) the Software or Services, (ii) any functionality or feature of the Software or Services or (iii) the availability of the Software and Services on any particular Device.

8. Disclaimers.

You acknowledge and agree that you have assessed your needs and Devices as well as the Product Descriptions, Minimum System Requirements, and cost of Pro-Tec and that you bear the entire risk associated with the Services meeting your individual requirements, even if we have provided guidance to assist with your selection of the Services.

We have implemented administrative, physical and technical safeguards designed to secure Customer Data from accidental loss and unauthorized access, use, alteration or disclosure.  However, we cannot guarantee that unauthorized third parties will never be able to circumvent these measures or use your Account or Customer Data for improper purposes. You are solely responsible for the proper backup of Customer Data, and you are solely responsible for any loss, corruption, or damage to Customer Data or the Customer Environment.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COSTS ASSOCIATED WITH LOST OR DAMAGED CUSTOMER DATA OR FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM UNAUTHORIZED ACCESS OR USE OF THE SOFTWARE, THE SERVICES, YOUR ACCOUNT, THE CUSTOMER DATA, OR THE CUSTOMER ENVIRONMENT.

9. License Term and Termination.

Your License commences as soon as you have received access to Pro-Tec (for example, by being provided a license key), regardless of whether you actually access or use Pro-Tec.

Your License will automatically terminate upon termination of your Membership, and you will no longer be authorized to use or access Pro-Tec and you must promptly delete the Software from your Devices.  Upon such termination, your Customer Data will be deleted. It is your responsibility to store or backup your Customer Data in an alternative location before this Agreement expires or is terminated.

IDSEAL^® Pro-Tec SUPPLEMENTAL TERMS

EXHIBIT A

Product Description and Minimum System Requirements

IDSeal Pro-Tec. (Up to 4 devices). IDSeal Pro-Tec is a privacy enhancement solution designed to protect digital devices and information. IDSeal Pro-Tec offers Members the following features subject to availability on your Device and internet connection as applicable:

Dark Web Scanner

The dark web scanner employs a unique algorithm that allows you to search for occurrences of your passwords or email addresses in databases that have been stolen by hackers and are being bought and sold on the dark web. 

Virtual Private Network (VPN)

The VPN feature provides online privacy by allowing you to connect to a VPN server so you can mask your IP address and send your internet data through a secure encrypted tunnel established between you and your endpoint so that you can keep your internet activity and location private. Please note that some countries and companies block the use of VPNs.

Login Encryption & Password Vault

This feature lets you scan your Device for traceable login credentials you have used with websites, portals, or service providers and then encrypt those passwords and store them in a vault for safekeeping.

Personal Profile Protection

The personal profile protection feature helps limit identifying information that could be stolen from your Device by making it easy to find and delete all the user profiles (phone numbers, email addresses, mailing addresses, credit card information, etc.) that are stored  on your Device in connection with “auto-fill” functions.

Ad Blocker

Enabling this feature blocks both static and dynamic banner ads, making your browsing experience more efficient and enjoyable by allowing you to surf the web without annoying flashing banners and distracting ads.

Safe Browsing/Real-Time Protection & Alerts

This feature gives you confidence to browse the web freely by warning you when you encounter unsafe websites that could expose you to malware, spyware, viruses, and other malicious scripts and monitoring your Device for phishing attempts, blocking them in real time, and alerting you.

Tracking Blocker

The tracking blocker feature works to block tracking records that include your personal digital information that can be used by third parties and hackers.

Digital Fingerprint Scrambler

This feature takes the data a website collects behind-the-scenes and uses to identify your Device, known as your “digital fingerprint”,  and scrambles it either automatically or on-demand, creating a fake digital fingerprint in its place so websites won’t be able to track your personal browsing patterns.

Browsing Tracks & Scanner Cleaner

This feature allows you to deep clean your Device by removing browsing records, cookies, and other items that track your browsing patterns so that you can proactively reduce the chances of those credentials being stored and abused.  The set-and-forget setting lets you automatically block cookies that are suspected of being privacy-risking or malicious.

Document Scanner & Encrypted Documents Vault

The document scanner feature locates documents on your Devices that may contain sensitive information such as bank account or credit card numbers and other personally identifying information, and prompts you to either delete the files or store them using the encrypted documents vault feature so that they are safeguarded in one secured location, both encrypted and masked, as protection against your information being found and abused.   

Webcam & Microphone Blocker

This feature allows you to digitally block malicious attempts to access your Device’s camera and microphone by third parties that may try to eavesdrop or peep into your personal life.

Privacy Advisor

The privacy advisor feature evaluates the permissions on your Device, categorizes them by risk level, and makes recommendations regarding these settings to improve privacy. This feature is only available on Android devices.

IDSeal ANTIVIRUS. (Up to 4 devices). IDSeal Pro-Tec is offered as a bundle with IDSeal Antivirus to provide additional protection from malicious programs that threaten personal computers and Android mobile devices that meet the Minimum System Requirements. IDSeal Antivirus utilizes active protection mechanisms that monitor, block, and alert when a threat is detected. Harmful incoming emails are blocked and quarantined and your computer can be automatically scanned for threats on a defined schedule. Easy to install and use, IDSeal Antivirus also includes extra tools and features such as a history cleaner and start-up manager to help keep your computer protected and operating efficiently. IDSeal Antivirus includes the following features:

All-In-One PC Security

Antivirus detects and removes not just viruses, but also spyware, rootkits, ransomware, malware, bots, trojans, and similar threats.

Real-Time Active Monitoring And Protection

Utilizing multiple detection methods and advanced algorithms, Antivirus monitors and combats online and local security issues in real time.

Ransomware Protection

Antivirus detects and removes any known ransomware before it can take action and harm your PC.

Internet Security 

Antivirus works while you browse the internet to protect you from malicious websites and online attempts to attack your computer and infect it with malware.

Deep Threat Scanning

Utilizing one of the most extensive threat databases available, Antivirus scans and eliminates threats that other products in the industry may fail to detect. Antivirus automatically updates its databases and virus definitions on a daily basis, drawing from a variety of sources to optimize the on-guard status of your Device.

Scheduled Scans

Antivirus scheduler allows you to “set-and-forget” so that Antivirus automatically scans your Device and is proactively working to protect your Device at all times.

Automatic Virus Definition Database Updates

The virus, spyware and malware database automatically updates. (Requires internet connection).

MINIMUM SYSTEM REQUIREMENTS

“Minimum System Requirements” means the supported devices and operating systems that the particular Pro-Tec product and features will function properly with, as listed on our website. You may always view the most current Minimum System Requirements for Pro-Tec at https://www.idseal.com/terms-conditions/#msr.  It is your responsibility to ensure that your systems meet the Minimum System Requirements in order to use Pro-Tec.

For computers, the Minimum System Requirements include the following: 

At least 2GB of RAM.
Intel Pentium® 4 processor or above, or AMD Athlon™ 64. (1.5Ghz or faster)
400 MB of free hard drive space.
Windows 8, Windows 8.1, Windows 10; or macOS 10.15 or later

Installation of the Software, receipt of Updates, and use of those features that pertain to internet browsing or scanning of websites require that your Device be connected to the internet.

Generally, the Minimum System Requirements for Android/iOS devices are as set forth in the Google Play or AppStore, and: 

• Android requires 5.0 and up.
• iOS requires iOS 13.4 or later.

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IDSEAL^® HOME SUPPORT TERMS & CONDITIONS

These IDSEAL Home Support Terms & Conditions (these “Home Support Terms”) are applicable to your use of the Support Services (as defined herein) and the Sites (as hereinafter defined).

READ THESE HOME SUPPORT TERMS CAREFULLY BEFORE YOU SUBSCRIBE TO OR USE THE SUPPORT SERVICES. BY SUBSCRIBING TO OR USING THE SUPPORT SERVICES, YOU ACKNOWLEDGE, ACCEPT AND AGREE TO EACH OF THESE HOME SUPPORT TERMS, AND SPECIFICALLY ACKNOWLEDGE AND AGREE TO EACH OF THE FOLLOWING:

• YOU AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND IDSEAL (AS HEREINAFTER DEFINED) ARISING FROM OR IN CONNECTION WITH THE SUPPORT SERVICES, YOUR ACCESS TO OR USE OF THE SUPPORT SERVICES, THE SITES, IDSEAL’S POLICIES (AS HEREINAFTER DEFINED), OR THESE HOME SUPPORT TERMS, PURSUANT TO THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN ARTICLE 16 BELOW “DISPUTE RESOLUTION PROVISIONS”

• YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS, WHICH PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.

• You have read, understand, and agree to be bound by (i) the Privacy Policy (the “Privacy Policy”),which describes how we collect and process personal and non-personal information when you use the Support Services, IDSeal.com and all other websites owned by IDSeal (collectively, the “Website”), and the IDSeal Mobile Application (the “Application” and, together with the Website, the “Sites”); (ii) the IDSeal Cookie Policy, which describes how we may use cookies on the Sites; (iii) the IDSeal Website Terms of Use (the “Website Terms of Use”), which provide the terms and conditions under which you may access and use the Website; and (iv) and the IDSeal Mobile Application Terms of Use (the “Application Terms of Use”), which provide the terms and conditions under which you may access and use the Application (collectively, the “Policies”), each of which are hereby incorporated by reference into these Home Support Terms.

• The terms under which you may cancel or terminate your Support Subscription (as hereinafter defined) are detailed in Article 10 below (link here: Cancellation Provisions).

• Your subscribing to and using the Support Services constitutes your acceptance of these Home Support Terms, which IDSeal may modify, revise, amend or update pursuant to the provisions of Article 12 below (link here: Changes in Terms).

IF YOU DO NOT AGREE TO THESE HOME SUPPORT TERMS, YOU MUST NOT SUBSCRIBE TO, ACCESS OR USE THE SUPPORT SERVICES. BY SUBSCRIBING TO OR USING THE SUPPORT SERVICES, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE HOME SUPPORT TERMS.

1. General.

IDSeal, LLC, a Delaware limited liability company, and its successors or assigns (collectively, “IDSeal”, “we”, “us, or “our”), provide a suite of identity protection and management features, benefits and related services (collectively, the “Services”) subject to these Terms. For the purposes of these Terms, “you” or “your” refers to the primary member who enrolls in the Services and makes the required initial payment there for (“Enrolls” or “Enrollment”), except that (i) if the plan or package of Services you select upon Enrollment (your “Membership”) includes a family plan covering other adult members in the primary member’s household, such as a spouse or adult child, “you” or “your” also refers to such sub-member(s), and (ii) for Business Direct plans, initial payment is made by the relevant employer as Business Direct client, “you” or “your” refers to the employee Member who receives the Services hereunder through such Business Direct client (from time-to-time referred to herein as a “Business Direct Member”), and Enrollment is completed upon such Member’s access to or use of the Services. These Terms describe how we provide the Services and how you may use those Services, so please read them carefully.

In order to Order and use the Support Services, you must, and you hereby represent and warrant that you do, meet each of the following criteria: (i) you are an individual over eighteen (18) years of age with the legal capacity and authority to bind yourself or, if applicable, the legal entity associated with your Subscription Account (as hereinafter defined) (a “Business”) to these Home Support Terms; (ii) you consent on behalf of yourself and/or as an authorized representative of the Business (as applicable) to be bound by these Home Support Terms; (iii) you reside in a jurisdiction where your Subscription to and use of the Support Services is permitted under all applicable local‚ state‚ provincial, and federal laws, rules and regulations (collectively, “Applicable Law”).

You acknowledge and agree that, upon your Order of the Support Services, these Home Support Terms, together with the Polices, become a legally binding agreement between you and IDSeal only, and no IDSeal Affiliate or Provider (as such terms are defined below) is deemed a party to or third party beneficiary of such agreement, although such Affiliates or Providers may provide certain services in connection with the Support Services provided hereunder.

For purposes of these Home Support Terms, “Affiliate” means any parent, subsidiary, or other affiliated entity of the subject entity, whether IDSeal or a Provider, and “Provider” means any of IDSeal’s third-party vendors or service providers engaged to provide any portion of the Support Services. IDSeal remains solely responsible to you for the Support Services and the performance of IDSeal’s obligations under these Home Support Terms, including any work or services performed by any Affiliate or Provider. Accordingly, to the fullest extent possible under Applicable Law, (i) neither IDSeal’s Affiliates or Providers will have any direct liability to you; (ii) you will not bring any legal claim, Dispute (as hereinafter defined), or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise, and including, but not limited to, a claim for negligence) in respect of or in connection with these Home Support Terms, the Policies or the Support Services against any of the IDSeal Affiliates or Providers; and (iii) you will ensure that no third party which is not a party to these Home Support Terms or Policies brings any legal claim, Dispute or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise, and including, but not limited to, a claim for negligence) in respect of or in connection with these Home Support terms, the Policies or the Support Services against any of IDSeal’s Affiliates or Providers.

You hereby agree to the use of electronic communication in order to enter into legally binding agreements and to place orders with IDSeal, and agree to the electronic delivery of notices, policies and records of transactions initiated or completed with respect to your Subscription to email address on file with IDSeal and provided by you. You further waive any rights or requirements under and Applicable Law (to the extent permitted thereunder), which require an original (i.e., non-electronic) signature or delivery or retention of non-electronic records

2. Ordering Process.

To complete an Order for Support Services, you must provide your first and last name, mailing address, a valid email address, and a valid payment method (collectively, “Personal Information”). In order to receive the full benefit of the Support Services, you must also have internet access via a compatible browser and all relevant Devices (as hereinafter defined) must meet the requirements set forth in these Home Support Terms, including without limitation those contained in Article 6 below. Upon completion of the Order process, your Subscription account (“Subscription Account”) will be established and you will then have full access to and use of your Subscription. A single Subscription covers up to a total of six (6) “Devices”, which include personal computers, tables, smart phones, and connected devices. You may only use the Support Services in connection with the Device(s) associated with your Subscription Account via registration by you in the account portal located on the Website (the “Subscription Account Portal”), unless you purchase an Upgrade (as hereinafter defined) that includes an additional Device.

3. Personal Information

The Personal Information you provide to IDSeal will be used in accordance with the Privacy Policy in order to communicate and provide notices to you hereunder, charge you the Subscription Fee (as hereinafter defined), and to deliver the Support Services pursuant to these Home Support Terms.  At all times during your Subscription Term (as hereinafter defined), you must ensure that all Personal Information provided to IDSeal remains accurate, current and complete, including without limitation your email address.  You may update your Personal Information contacting IDSeal at 1-888-325-5865.  In the event that IDSeal is unable to deliver email messages to you after multiple attempts due to reasons beyond our control (i.e., your email address is no longer valid, your email box becomes full, or your email provider sends our communications to a SPAM or junk e-mail folder, or uses a “safe sender” process), or IDSeal discovers that any other portion of your Personal Information is or becomes inaccurate, then IDSeal may suspend all or any portion of your Subscription pending resolution of the issue and, after a reasonable amount of time following such suspension, IDSeal may terminate your Subscription upon notice to you as provided for in these Home Support Terms

4. Subscription Term. 

By Ordering, you are enrolling in a recurring monthly subscription that begins when your Order is completed and your initial Subscription Fee payment is processed, and automatically renews on a month-to-month basis until your Subscription is cancelled or terminated as provided for in these Home Support Terms.  Your total Subscription period is referred to herein as the “Subscription Term”, and each monthly payment period within the Subscription Term is referred to herein as a “Payment Period”. 

5. Use of the Support Services. 

You may use the Support Services only for personal, non-commercial purposes, and have no right to re-sell or license all or any portion of the Support Services. You may not use the Support Services for any illegal purpose‚ and you must abide by Applicable Law when using the Support Services.  You may not use the Support Services for high-volume purposes, or engage in similar activities, or use the Support Services as a virtual support center without IDSeal’s prior written consent, which may be withheld, conditioned or delayed in IDSeal’s sole discretion.  You agree that you will use the Support Services personally or on behalf of the Business associated with your Subscription Account, and you acknowledge and agree that you are solely and fully liable for all use under your Subscription Account by any party, with or without your permission, and including any secondary accounts or sub-accounts registered or otherwise associated with your Subscription Account.  You are solely responsible for your use of the Support Services and anything you do in reliance on the Support Services. IDSeal hereby reserves the right to set, define, redefine, modify or change any or all eligibility criteria for Ordering Support Services or your, or any other parties’, access to or use of the Support Services.  You are solely responsible for any costs or expenses incurred by you for or in connection with any services utilized to access or use the Support Services, including without limitation any charges for internet, telephone, data, roaming or similar services or features.

You hereby acknowledge and agree that your Subscription covers only the software, hardware and peripherals specifically listed in the product description associated with the Support Service Plan you Order and available here: Product Description (the “Product Description”).  IDSeal may modify any Product Description at any time in accordance with these Home Support Terms.  As part of your Subscription, IDSeal may require you to install certain Software (as hereinafter defined) to assist IDSeal or its Providers in the provision of the Support Services, and IDSeal reserves the right to terminate your Subscription if you (i) do not agree to install any required Software; (ii) alter, modify or disable any such Software, or its settings, features or configurations; or (iii) otherwise fail to comply with the provisions set forth in Article 7 below.

6. Support Services Requirements and Availability. 

In order to access and receive the Support Services and the full benefit of your Subscription, your system must have internet access and meet the minimum system requirements available here: Minimum System Requirements. It is your responsibility to ensure that you have adequate connectivity to the internet during the Subscription Term.  The Support Services and certain benefits or features included in the relevant Product Description may not be available at all times, or may not be available in the format generally marketed.  Line rate, access, and availability of the Support Services are not guaranteed.  IDSeal or its Provider will qualify your internet connection for the minimum line rate (speed) available for relevant portions of the Support Services based on the relevant standard line qualification procedures; however, some Devices may not be able to receive the all features of the Support Services even if initial testing shows that your connection was qualified or your Device’s network environment was suitable.   IDSeal or its Providers may, at any time, without notice or liability, restrict the use of the Support Services or limit its time of availability in order to perform maintenance activities, to maintain session control, or for network management purposes.  If you request remote technical services, IDSeal will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period of time following such request; however, you hereby acknowledge that circumstances outside of IDSeal’s control (e.g., a large scale outbreak of a new computer virus, connectivity issues, etc.) may cause significant delays in IDSeal’s ability to schedule a service session, and you hereby release IDSeal, its Providers and their respective Affiliates from any and all liability related to or resulting from such delays.  If you contact IDSeal for technical services, IDSeal will make every reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix the relevant problem; however, if IDSeal is unable to resolve such problem despite its commercially reasonable efforts, you will still be liable for all Subscription Fees, Upgrade charges, and any charges applicable to the time spent attempting to correct the problem.  The waiver of any fees or charges under these Home Support Terms is at IDSeal sole discretion.

7. Software Licenses. 

In connection with the Support Services, IDSeal may provide to you, via download or other delivery method, licenses to use of certain software which is owned by IDSeal, its Providers, or their respective Affiliates, including client and/or network security software (collectively, “Software”).  Certain Software may be included in your Support Services Plan, while other Software may only be available by purchasing an Upgrade.  IDSeal reserves the right to update, modify or change (“Update”) the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any Updates to the Software. You may use the Software only as part of or for use with your Subscription and for no other purpose.

The Software may be accompanied by an end user license agreement from IDSeal, a Provider, an Affiliate of either of the foregoing, or another third party (each, a “License Agreement”), in which event your use of the relevant Software shall be governed by the terms of that License Agreement as well as these Home Support Terms.  You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the terms and conditions of such License Agreement.

With regard to any Software for which your acceptance of a separate License Agreement is not required (“IDSeal Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by IDSeal to use the IDSeal Software (and any Updates thereto) for the duration of your Subscription Term. You may not make any copies of any IDSeal Software.

You agree that all Software is the confidential and proprietary information of the owner of such Software, whether IDSeal (with respect to the IDSeal Software), or the relevant Provider, or their respective Affiliate(s), which you shall not disclose to others or use except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by the relevant owner thereof.  You may not copy, de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of any Software, or otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that ACN or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades. Any export of the Software outside of North America is strictly prohibited.

Your license to use the Software shall remain in full force and effect until your Subscription is terminated pursuant to these Home Support Terms, or your license is earlier terminated by IDSeal, its Providers, or their respective Affiliates, or the counterparty to the relevant License Agreement (as applicable).  Upon the termination of your Subscription for any reason, you must cease all use of the Software and immediately delete the Software from all relevant Devices.

Third Party Software.  As part of the Support Services, IDSeal or its Providers may suggest that you acquire, install and use certain Software owned or licensed by a third party  and not provided by IDSeal or its Providers (“Third Party Software”).  Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software.  You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether IDSeal or its Providers assist you in the acquisition, installation, and/or use of such Third Party Software.  IDSeal has no rights to any Third Party Software and does not sell or license Third Party Software to you, or make any representation or warranty regarding the Third Party Software whatsoever.

IDSeal provides technical assistance and support for the Software in accordance with IDSeal’s then-current policies and procedures. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. IDSeal makes no warranty that we are an authorized service provider for any Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment, and you hereby release IDSeal, its Providers and their respective Affiliates from any and all liability related to or resulting from such warranties or the voidance thereof.

Other Third Party Agreements. As part of the Support Services, IDSeal or its Providers may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider (in addition to the relevant terms and conditions contained in these Home Support Terms). You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to, certain technical support, portal, training, music, gaming and other services that IDSeal may elect to make available from time to time. Violation of any such third party provider’s terms of service may, in IDSeal’s sole discretion, result in the termination of your Subscription.

8. Support Services Fee; Payment Method. 

The monthly fee due and payable for your Subscription is established at the time of your Order and disclosed to you during the Order process.  You are responsible for payment of any taxes applicable to your Subscription, and the term “Subscription Fee”, as used in these Home Support Terms, refers to the monthly fee due and payable for your Subscription plus any such taxes.  For each monthly Payment Period, your Subscription Fee will billed, in advance, to the credit or debit card you authorized for billing during the Order process (your “Payment Method”).  If your Payment Method expires or otherwise becomes invalid during your Subscription Term, we will notify you in an attempt to update your Payment Method so your Subscription can remain active. If IDSeal is unable to bill you for the Subscription Fee via the Payment Method provided by you for any reason, then IDSeal may immediately suspend or terminate your Subscription upon notice to you.

9. Fee Increases; Additional Services. 

The amount of the Subscription Fee at the time of your Order may represent an introductory offer applicable only to a certain introductory period (the “Introductory Period”), which Introductory Period will be disclosed during the Order process.  IDSeal will automatically begin charging you the applicable non-introductory Subscription Fee amount applicable to your Support Services Plan (available on the Website) following the expiration of the relevant Introductory Period.

You may have the opportunity to purchase, at your election, additional features or benefits to be included in your Subscription (each, an “Upgrade”). The amount due for an Upgrade shall be due and payable at the time of purchase, separately from and in addition to the Subscription Fee.  Details regarding Upgrade offers may be viewed on the Website.  In addition to Upgrades, IDSeal reserves the right to charge an additional fee to perform any services that you request that are not covered by Support Services Plan as described in the relevant Product Description (available on the Website), or to refuse to perform any such service in IDSeal’s sole discretion.

10. Your Right to Cancel. 

You have the right to cancel your Subscription at any time through your Subscription Account Portal or by contacting IDSeal at 1-888-325-5865.  If you cancel your Subscription prior to the expiration of the then-current Payment Period, IDSeal will continue providing the Support Services through the end of such Payment Period, and your Subscription will terminate upon the expiration of that Payment Period.  Because your monthly Subscription continues through the end of the Payment Period in which you cancel your Subscription, IDSeal will not refund any Subscription Fees based on your cancellation of your Subscription or any Support Services included therein (subject to Applicable Law and these Home Support Terms).  Amounts due for Upgrades purchased and processed prior to IDSeal’s receipt of a cancellation request may be billed to you following the relevant termination date, and will be due and payable upon receipt. 

11. IDSeal Right to Terminate; Indemnification. 

IDSeal may terminate your Subscription upon notice to you, which termination will be effective as of the end of the applicable Payment Period. Upon the effective date of any such termination, IDSeal will stop billing you for the Subscription Fees and your access to the Support Services will be terminated. If IDSeal determines, in its sole discretion, that Support Services have been obtained or used fraudulently or in violation of Applicable Law, are being used for purposes in conflict with Applicable Law, the Policies or these Home Support Terms, or are otherwise being abused or used in a manner not contemplated by or intended by these Home Support Terms or the Policies, IDSeal may terminate your Subscription (or any Support Services included therein) immediately and without prior notice to you, and IDSeal reserves its rights to pursue any other remedies it may have against you at law or in equity. You may not be listed under more than one Subscription Account. Attempts by a single party to obtain multiple Subscriptions or to be named under more than one Subscription Account may result in IDSeal’s termination of all relevant Subscriptions and/or refusal to offer or sell the Support Services to you.

You agree to defend, indemnify, and hold harmless IDSeal, its Affiliates, licensors, Providers, Provider’s Affiliates and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to your (i) violation of Applicable Law; (ii) breach under these Home Support Terms or the Policies; (iii) use of the Website, the Support Services, or any other IDSeal services or products other than as expressly authorized by Applicable Law, these Home Support Terms or the Policies; and (iv) use of any information obtained from the Sites.

12. Change in Terms. 

Subject to these Home Support Terms and Applicable Law, and except for a Material Change, IDSeal fully reserves the right to modify, add, eliminate or otherwise change (collectively, “Change”) any portion of these Home Support Terms, the Policies, the Support Services, or any Product Description (including any benefits or features included or associated with the foregoing), or any term or condition applicable to all or any portion of the Support Services or your Subscription, without direct, individual notice to you. Notwithstanding the foregoing, IDSeal will endeavor to provide timely notice of any Change on one or more of the Sites. Any Change may be made effective at IDSeal’s election upon the implementation date, the date IDSeal posts notice of the Change, or prospectively to a date chosen and specified by IDSeal.  Subject to these Home Support Terms and Applicable Law, if you fail to cancel your Subscription or you use the Support Services after the effective date of any Change, you acknowledge the Change and agree to be bound and abide by same, and your exclusive remedy in the event you do not agree to any such Change is to cancel your Subscription as provided for in these Home Support Terms.

Notwithstanding the foregoing provisions of this Article 12, any Change to the Dispute Resolution Provisions or other material Change made to these Home Support Terms following your Order and during your Subscription Term (each, a “Material Change”) may be made only by way of mutual consent.  In the event of a Material Change, IDSeal will deliver email notice to you of same at the address associated with your Subscription Account, and may also provide such notice in the Subscription Account Portal or on one or more of the Sites, and you will then have ten (10) days from the date of such notice to cancel your Subscription by written notice to IDSeal, failing which, you will be deemed to have consented to the relevant Material Change and such Material Change will be immediately effective upon the expiration of such 10-day period without any further notice and will continue to be effective for the duration of your Subscription Term, subject to these Home Support Terms.

13. Policies. 

By completing your Order and entering into these Home Support Terms, you acknowledge that you have received, read and understand each of the Policies, including the Privacy Policy, the Website Terms of Use, the Application Terms of Use; and the Cookie Policy, and you agree to the terms and conditions contained in each, which terms and conditions are incorporated by reference into these Home Support Terms.  A copy of the current Policies can be reviewed on the Website.  Further, by Ordering and using the Support Services, you agree that IDSeal may use your Personal Information in accordance with the Privacy Policy, and you authorize IDSeal, its Affiliates, and the Providers to obtain and share your information as IDSeal deems reasonably necessary or desirable in the course of providing the Support Services, subject only to these Home Support Terms and Applicable Law.

14. NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS OF LIABILITY.

YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SUPPORT SERVICES AND THE INTERNET GENERALLY.

THE SUPPORT SERVICES AND ALL INFORMATION ON THE SITES ARE OFFERED AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER  EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, IDSEAL DOES NOT GUARANTEE OR WARRANT THE ACCURACY, CORRECTNESS, TIMELINESS, COMPLETENESS, CURRENTNESS, OR AVAILABILITY OF THE SUPPORT SERVICES, YOUR SUBSCRIPTION ACCOUNT, OR THE WEBSITE, OR THAT THE SUPPORT SERVICES OR WEBSITE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE, OR THAT CHANGES IN OPERATION, PROCEDURES, OR SERVICES WILL NOT REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, AFFECT ITS PERFORMANCE, OR RENDER THE SAME OBSOLETE.  IDSEAL MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SUPPORT SERVICES OR SITES.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

EXCEPT FOR IDSEAL’S OR ITS AFFILIATES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL IDSEAL OR ANY OF ITS AFFILIATES, OR ANY OF THE PROVIDERS OR THE PROVIDERS’ AFFILIATES, BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SUPPORT SERVICES, ANY SUBSCRIPTION ACCOUNT OR THE WEBSITE, OR ANY LINKED WEBSITE, OR ALL OR ANY PORTION OF THE SUPPORT SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OTHER ECONOMIC LOSSES, OR LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF EITHER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD BE AWARE OF SUCH POSSIBILITY. THE EXCLUSIONS AND LIMITATIONS OF WARRANTIES, LIABILITY AND DAMAGES SET FORTH HEREIN ARE SUBJECT TO APPLICABLE LAW.

IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF IDSEAL, IT AFFILIATES, IT PROVIDERS, ITS PROVIDERS’ AFFILIATES, OTHER SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE HOME SUPPORT TERMS, THE POLICIES, OR THE SUBJECT MATTER ADDRESSED BY THESE HOME SUPPORT TERMS OR THE POLICIES, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), AND OTHERWISE, EXCEED SIX (6) MONTHS OF THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO IDSEAL. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

You hereby acknowledge and agree that (i) your use of the Support Services and the internet are solely your responsibility and done at your sole risk; (ii) you will comply with all Applicable Law during your use of the Support Services and the internet; (iii) the internet is not owned, operated or managed by, or in any way affiliated with IDSeal or its Affiliates, it is not a secure network, and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the internet, and that IDSeal and its Affiliates are not responsible and have no control over the information, content or other materials, some of which may be malicious or destructive in nature, which may be accessed through use of the internet; (iv) IDSeal nor its Affiliates own or control any of the various facilities and communications lines through which internet service may be provided; (v) neither IDSeal nor its Affiliates can or do guarantee access to or through websites, servers or other facilities on the internet, whether or not such facilities are owned or controlled by IDSeal or its Affiliates; (vi) IDSeal cannot and does not guarantee or warrant that data available for downloading through the Support Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties, and that you are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Support Services for the reconstruction of any lost data, and IDSeal is not responsible for invalid destinations, transmission errors, or corruption or security of your data.

15. Intellectual Property. 

The IDSeal name and logo, the Support Services, the Sites, and all portions and elements of or related to the foregoing, are either trademarks, service marks or registered trademarks of IDSeal, LLC or its Affiliates (collectively, the “IDSeal Marks’). Other products and company names mentioned herein may be the trademarks of their respective owners, including without limitation the Providers. No use of any IDSeal Mark may be made by you or any third party without express written consent of IDSeal or the relevant IDSeal Affiliate, which consent may be withheld, conditioned or delayed in such party’s sole discretion.  Elements of the Sites are protected by intellectual property laws such as trade dress, trademark, unfair competition, and other laws, and may not be copied in whole or in part, and no logo, graphic or image on the Sites may be copied or retransmitted in whole or in part, in each instance without the express written consent of IDSeal, which consent may be withheld, conditioned or delayed in IDSeal’s sole discretion.  You are not authorized to use any IDSeal Mark as a hypertext link to any the Website or any IDSeal Affiliate website, or in any advertising or publicity, or in any other commercial manner, without the prior written consent of IDSeal.  You understand that your ability to link to a website through the Support Services or Sites does not, in any way, represent or imply IDSeal’s approval of, or its determination of the quality of, any relevant product or service, and that any links are provided for your convenience only. The links provided through the Support Services or Sites are maintained by their respective organizations, which are solely responsible for their content.

16. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THE FOLLOWING DISPUTE RESOLUTION PROVISIONS CAREFULLY, AS THESE PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.

A.  Dispute Resolution Generally

By Ordering and accessing or using the Support Services, you agree to be bound by the Dispute Resolution Provisions set forth in Sections 16(B) through 16(H) below.  If either (i) IDSeal or any of its owners, officers, directors, employees, representatives or agents (for purposes of this Article 16, individually or collectively, “IDSeal”), or (ii) you has any legal claim or dispute against the other, including, but not limited to, those arising from or in connection with, or otherwise relating to, (a) the Support Services, (b) these Home Support Terms, (c) the Policies, (d) your access to or use of the Support Services or the Sites, or (e) the actions or omissions of IDSeal, its Providers, or their relevant Affiliates pursuant to these Home Support Terms or the Policies (each, a “Dispute”), then the party initiating the Dispute must first try to contact the other to resolve the Dispute informally in good faith. IDSeal must contact you by using the contact information associated with your Subscription Account. You must write to IDSeal at IDSeal, LLC, Attn: Legal Department, 1000 Progress Place, Concord, NC 28025, or by email at support@idseal.com.

B.  Arbitration

a. All Disputes (in any case, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory), to the extent not prohibited by Applicable Law, shall be resolved by final and binding arbitration, pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”) (available at the following address: https://www.adr.org/sites/default/files/Commercial%20Rules.pdf or other applicable AAA rules, as in effect at the time of the arbitration and as modified herein. You may contact the AAA in writing at one of its locations (e.g., The Rotunda, 4201 Congress Street, Suite 125, Charlotte, NC 28209). You may also obtain additional information about the AAA and its procedures from the AAA’s website, at www.adr.org.  Notwithstanding the foregoing in this subsection 16(B)(a), either you or IDSeal may bring an individual action against the other party in small claims court (or comparable court of competent jurisdiction) so long as the only parties to that action are you and IDSeal and the total value of the claims made in the action is less than the claim limit applicable in the jurisdiction in which the claim is filed.  Following the contact required in Section 16(A) above and prior to commencing an arbitration proceeding with the AAA, a party seeking to arbitrate any Dispute must send to the other party, via certified mail, a written Notice of Dispute (“Notice”). The Notice to you must be sent by IDSeal to the address associated with your Account. The Notice to IDSeal must be addressed to IDSeal, LLC, Attn: Legal Department, 1000 Progress Place NE, Concord, NC 28025.  The Notice must (i) describe the nature and basis of the claim or Dispute; and (ii) describe the specific relief sought. You and IDSeal each expressly agree to attempt to resolve any Dispute by first sending the Notice to the other party prior to initiating or commencing an arbitration proceeding with the AAA.

b. If a Dispute is not satisfactorily resolved within sixty (60) days after the Notice is sent, either party may then commence an arbitration proceeding with the AAA.

c. If the amount involved in the Dispute is less than $20,000, the arbitration will be conducted, at your election, (i) in person in the jurisdiction of address associated with your Subscription Account, or (ii) by telephonic hearing. If the amount in Dispute is $20,000 or more, the arbitration will be conducted in Charlotte, North Carolina. Each of you and IDSeal has the right to be represented by an attorney in any arbitration.

d. The number of arbitrators shall be mutually agreed upon by the parties; provided, however, that in event the parties cannot agree on the number of arbitrators, the AAA Rules will control.  In all cases, the award of the arbitrator(s) shall be accompanied by a reasoned opinion. Punitive or exemplary damages shall be allowed only to the extent the remedy is expressly available under Applicable Law. Discovery shall consist of interrogatories, document requests, and no more than five depositions of seven hours or less each, per side; provided, however, that the arbitrator(s) may award additional discovery upon motion by either party and a showing of need and/or the inability to pursue or defend claims absent additional discovery.

e. The party initiating the arbitration must pay the applicable AAA filing fee when submitting its written request for arbitration to the AAA.  Unless otherwise provided for in the AAA Rules, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between the parties.

f. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses, document production, and evidence presentation.  The arbitrator(s) shall have the authority to award the same damages and other relief that would have been available to the parties as individual claimants in court.

g. Any award may be confirmed and enforced in any court of competent jurisdiction.  The arbitration will be confidential, and neither you nor IDSeal may disclose the existence, content, or results of the arbitration, except as necessary to conduct the proceedings, to confirm and enforce the award, to its own legal or financial advisors, by agreement, or as may be required by Applicable Law.

C.  CLASS ARBITRATION WAIVER

EACH DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING. NO CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATIONS ARE PERMITTED EVEN IF ALLOWED UNDER THE APPLICABLE AAA RULES. EACH PARTY AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING (“CLASS ARBITRATION WAIVER”). EACH OF YOU AND IDSEAL ACKNOWLEDGE THAT THE CLASS ARBITRATION WAIVER IS MATERIAL AND ESSENTIAL TO THE RESOLUTION OF ANY DISPUTE.  THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, SUCH THAT CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATION IS ALLOWED, THEN THE ENTIRETY OF SECTIONS 16(B) ABOVE AND 16(F) BELOW (BUT ONLY SECTIONS 16(B) ABOVE AND 16(F) BELOW) SHALL BE NULL AND VOID, AND IF A PARTY CHOOSES TO PROCEED WITH ITS CLAIM IT MUST DO SO IN COURT PURSUANT TO SECTIONS 16(D) AND 16(E) AND ARTICLE 17 BELOW. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS, THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, AND VALIDITY OF THE CLASS ARBITRATION WAIVER AND ANY ATTENDANT QUESTION OR DISPUTE REGARDING THE VOIDANCE OF THE ARBITRATION PROVISIONS SET FORTH IN SECTION 16(B) ABOVE, SHALL IN EACH CASE BE DECIDED ONLY BY A COURT AND NOT BY AN ARBITRATOR.

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS TO THE CONTRARY, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, COLLECTIVE, REPRESENTATIVE, GROUP, OR APPLICABLE PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR PRAYERS FOR RELIEF, MAY BE MAINTAINED IN ANY ARBITRATION HELD PURSUANT TO THESE DISPUTE RESOLUTION PROVISIONS.

D.  CLASS ACTION WAIVER

IN THE EVENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, EACH OF YOU AND IDSEAL AGREE THAT SUCH DISPUTE WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING.

E.  JURY TRIAL WAIVER

TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, IF NOT PROHIBITED BY APPLICABLE LAW, EACH OF YOU AND IDSEAL HEREBY WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

F.  Delegation to Arbitrator

Except as provided in Section 16(C) above, you and IDSeal acknowledge and agree that the arbitrator(s), and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or validity of these Dispute Resolution Provisions, including without limitation any claim that these Dispute Resolution Provisions are void or voidable.

G.  Severability

If any provision contained in these Dispute Resolution Provisions is deemed invalid or unenforceable, such provision shall be modified automatically to the minimum extent necessary to render the parties’ agreement to arbitrate valid and enforceable.  If a provision conflicts with a mandatory provision of Applicable Law, the conflicting provision shall be severed automatically and the remainder construed to incorporate the mandatory provision. In the event of such severance or modification, the remainder shall not be affected.

H.  Termination and Survival

These Dispute Resolution Provisions shall remain in effect even after the expiration or termination of your Subscription or use of the Sites.

17. Governing Law and Jurisdiction. 

These Home Support Terms, including their formation, construction, interpretation, and enforceability, are governed by and shall be construed in accordance with the law of the State of North Carolina, without regard to its choice of law rules.  Notwithstanding the foregoing, each of you and IDSeal acknowledge and agree that the relationship between you is an interstate commerce transaction and, accordingly, the Dispute Resolution Provisions set forth in Article 16 above, and the interpretation and the enforceability of the Dispute Resolution Provisions, are and shall be governed by the Federal Arbitration Act, notwithstanding any other law to the contrary, and no state law shall apply if, and to the extent such state law is preempted, by the Federal Arbitration Act.  Subject to the foregoing, the substantive law of the State of North Carolina shall govern the substance of any Dispute arbitrated under the Dispute Resolution Provisions.  Further, any court proceedings between you and IDSeal shall be governed by the laws of the State of North Carolina, without regard to its choice of law rules, and such proceedings shall take place in North Carolina; provided, however, that if you bring a small claims action as permitted in subsection 16(B)(b) above, you may do so in the jurisdiction of the address associated with your Subscription Account.  Subject to the arbitration requirements contained in Section 16(B) above, for any court action brought in a jurisdiction consistent with the foregoing sentence, each of you and IDSeal agree to submit to the personal and exclusive jurisdiction of such court and waive any objection as to venue or inconvenient forum.

18. Customer Service Contact Information.  For assistance with your Subscription, your Subscription Account, or the Support Services, please write or call IDSeal using the following information:

IDSeal, LLC
Attn: Identity Care/Home Support Services
1000 Progress Place
Concord, NC 28025
email: support@IDSeal.com
Telephone: 1-888-325-5865 (Monday through Friday, 10am – 7pm EST)

19. MISCELLANEOUS

A.  Entire Agreement

These Home Support Terms, including the Polices, constitute the entire agreement between you and IDSeal pertaining to your Subscription, access to and use of the Support Services, and access to and use of the Sites, and any other written or oral agreements existing between us are null and void. You represent that you have read these Home Support Terms and the Policies, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the Support Services, IDSeal has relied on your agreement to be bound by these Home Support Terms.

B.  Waiver and Severability

No waiver by us of any term or condition set out in these Home Support terms or the Policies shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Home Support terms or the Policies shall not constitute a waiver of such right or provision. Except as provided in Section 16(G) above, which shall control for purposes of Article 16, if any provision of these Home Support terms or the Policies is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Home Support Terms or the Policies will continue in full force and effect.

C.  Access and Security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures for access to your Subscription Account or the Sites, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Subscription Account and any account you set up through the Application (“Application Account” and, together with the Subscription Account, the “Accounts”), are personal to you and agree not to provide any other person with access to the Sites, Accounts or portions of either using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Accounts at the end of each session. You should use particular caution when accessing your Accounts from a public or shared computer so that others are not able to view or record your password or other Personal Information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of Applicable Law, these Home Support terms, or the Policies.

D.  Interpretation

In the event that these Home Support terms and the Policies are determined to be in conflict, regardless of which of the Policies are in conflict, the order of precedence applicable to these Home Support terms and the Policies shall be as follows: (1) these Home Support terms; (2) the Website Terms of Use; (3) the Privacy Policy; (4) the Application Terms of Use; and (5) the Cookie Policy.

Version 1.1
Issue Date: January 1st, 2020
Copyright © 2020 IDSeal, LLC
All Rights Reserved

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IDSEAL^® PRO-TEC, IDSEAL ANTIVIRUS, AND IDSEAL PC CLEANER SOFTWARE END USER LICENSE AGREEMENT

You acknowledge and agree that certain of the Services rely on information and services we obtain from third parties (“Third Party Information”). To the extent that we are no longer able to obtain such Third-Party Information or that such Third-Party Information is erroneous in any way, You acknowledge and agree that IDSeal will not be liable to you for any such availability or lack of. Furthermore IDSeal shall not be responsible in cases where the Products or Services have been used in a different manner than specified by IDSeal, or in any other abusive, negligent or inappropriate manner or by third-party users of the license granted herein to the Licensee, whereby the Licensee shall be responsible for the use by such third parties and for all consequences resulting from such use.

Our products, including IDSeal Pro-Tec, IDSeal Antivirus, and IDSeal PC Cleaner may need to send some private data as part of their core operation which you have subscribed to and elected to install and /or pay for as part of your premium license registration/subscription. Such data will be encrypted and sent to the configured party, and not to IDSeal or any other third-party. It is your responsibility to be aware of the security and privacy implications for the VPN configurations you use (such as encryption options and network routes) and the VPN servers you connect to. With the exception of the aforementioned processes, our products do not collect or send out any identifiable private data.

Virtual Private Network (VPN) – VPN service coverage, speeds, server locations, and quality may vary and be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed at either IDSeal’s or a Third Party Vendor discretion. IDSeal is not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. IDSeal may impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in its sole discretion to protect its users or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

IDSeal guarantees a strict no-logs policy for the VPN Service, meaning that the IDSeal VPN Service is provided by an automated process, and your activities while using it are not monitored, recorded, logged, stored or passed to any third party. We do not store connection timestamps, session information, used bandwidth, traffic logs, IP addresses or other data. However, to fight abuse and enforce proper license usage, an algorithm keeps their username and the timestamp of the last session status while the session is active. This data is deleted promptly after the session is terminated.

Our VPN feature is a derivative work of a VPN service provided by Private Communications Corporation, which utilizes OpenVPN as its underlying technology, an open source software that uses VPN techniques to create secure point-to-point or site-to site connections in routed or bridged configurations and remote access facilities. OpenVPN is licensed under both the terms of the OpenVPN license and GPLv2.

Your access to and use of the IDSeal Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and block access to the IDSeal Services to any users who infringe any applicable laws or these Terms for any reason, and/or for unlawful, illicit, illegal, criminal or fraudulent activities, or any other activity dimmed illegitimate at IDSeal’s discretion.

IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaner products are premium-only, without a trial version, and as such, access is granted only to subscribers with a valid license provided at time of purchase. During installation, certain registry items as well as tasks and/or processes may be formed in order to assist the licensed user with proper product function. These items are solely for licensed users using the premium version of the product/s and not for users that have installed the trial version only, and can be removed by uninstalling the software. Installation and use of software outside of a paying subscriber is strictly prohibited. 

IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaner leverage the Avira SAVAPI SDK package, which includes third-party code licensed for use and distribution under open source licenses that may include terms and conditions applicable to your use of IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaner.

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. IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaner products may disable the UAC prompts relating only to the IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaner Antivirus products in order to increase the user’s convenience and solely for the purpose of better user experience and product ease of use. At any point you, the user, can uninstall the IDSeal’s Pro-Tec, IDSeal’s Antivirus, and IDSeal’s PC Cleaners product if you feel this is an inconvenience to you.

Version 1.5
Issue Date: March 30th, 2021
Copyright © 2020 IDSeal, LLC
All Rights Reserved

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IDSEAL^® HOME SUPPORT TERMS & CONDITIONS

These IDSEAL Home Support Terms & Conditions (these “Home Support Terms”) are applicable to your use of the Support Services (as defined herein) and the Sites (as hereinafter defined).

READ THESE HOME SUPPORT TERMS CAREFULLY BEFORE YOU SUBSCRIBE TO OR USE THE SUPPORT SERVICES. BY SUBSCRIBING TO OR USING THE SUPPORT SERVICES, YOU ACKNOWLEDGE, ACCEPT AND AGREE TO EACH OF THESE HOME SUPPORT TERMS, AND SPECIFICALLY ACKNOWLEDGE AND AGREE TO EACH OF THE FOLLOWING:

• YOU AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND IDSEAL (AS HEREINAFTER DEFINED) ARISING FROM OR IN CONNECTION WITH THE SUPPORT SERVICES, YOUR ACCESS TO OR USE OF THE SUPPORT SERVICES, THE SITES, IDSEAL’S POLICIES (AS HEREINAFTER DEFINED), OR THESE HOME SUPPORT TERMS, PURSUANT TO THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN ARTICLE 16 BELOW “DISPUTE RESOLUTION PROVISIONS”

• YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE DISPUTE RESOLUTION PROVISIONS, WHICH PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.

• You have read, understand, and agree to be bound by (i) the Privacy Policy (the “Privacy Policy”),which describes how we collect and process personal and non-personal information when you use the Support Services, IDSeal.com and all other websites owned by IDSeal (collectively, the “Website”), and the IDSeal Mobile Application (the “Application” and, together with the Website, the “Sites”); (ii) the IDSeal Cookie Policy, which describes how we may use cookies on the Sites; (iii) the IDSeal Website Terms of Use (the “Website Terms of Use”), which provide the terms and conditions under which you may access and use the Website; and (iv) and the IDSeal Mobile Application Terms of Use (the “Application Terms of Use”), which provide the terms and conditions under which you may access and use the Application (collectively, the “Policies”), each of which are hereby incorporated by reference into these Home Support Terms.

• The terms under which you may cancel or terminate your Support Subscription (as hereinafter defined) are detailed in Article 10 below (link here: Cancellation Provisions).

• Your subscribing to and using the Support Services constitutes your acceptance of these Home Support Terms, which IDSeal may modify, revise, amend or update pursuant to the provisions of Article 12 below (link here: Changes in Terms).

IF YOU DO NOT AGREE TO THESE HOME SUPPORT TERMS, YOU MUST NOT SUBSCRIBE TO, ACCESS OR USE THE SUPPORT SERVICES. BY SUBSCRIBING TO OR USING THE SUPPORT SERVICES, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE HOME SUPPORT TERMS.

1. General.

IDSeal, LLC, a Delaware limited liability company, and its successors or assigns (collectively, “IDSeal”, “we”, “us, or “our”), provide a suite of identity protection and management features, benefits and related services (collectively, the “Services”) subject to these Terms. For the purposes of these Terms, “you” or “your” refers to the primary member who enrolls in the Services and makes the required initial payment there for (“Enrolls” or “Enrollment”), except that (i) if the plan or package of Services you select upon Enrollment (your “Membership”) includes a family plan covering other adult members in the primary member’s household, such as a spouse or adult child, “you” or “your” also refers to such sub-member(s), and (ii) for Business Direct plans, initial payment is made by the relevant employer as Business Direct client, “you” or “your” refers to the employee Member who receives the Services hereunder through such Business Direct client (from time-to-time referred to herein as a “Business Direct Member”), and Enrollment is completed upon such Member’s access to or use of the Services. These Terms describe how we provide the Services and how you may use those Services, so please read them carefully.

In order to Order and use the Support Services, you must, and you hereby represent and warrant that you do, meet each of the following criteria: (i) you are an individual over eighteen (18) years of age with the legal capacity and authority to bind yourself or, if applicable, the legal entity associated with your Subscription Account (as hereinafter defined) (a “Business”) to these Home Support Terms; (ii) you consent on behalf of yourself and/or as an authorized representative of the Business (as applicable) to be bound by these Home Support Terms; (iii) you reside in a jurisdiction where your Subscription to and use of the Support Services is permitted under all applicable local‚ state‚ provincial, and federal laws, rules and regulations (collectively, “Applicable Law”).

You acknowledge and agree that, upon your Order of the Support Services, these Home Support Terms, together with the Polices, become a legally binding agreement between you and IDSeal only, and no IDSeal Affiliate or Provider (as such terms are defined below) is deemed a party to or third party beneficiary of such agreement, although such Affiliates or Providers may provide certain services in connection with the Support Services provided hereunder.

For purposes of these Home Support Terms, “Affiliate” means any parent, subsidiary, or other affiliated entity of the subject entity, whether IDSeal or a Provider, and “Provider” means any of IDSeal’s third-party vendors or service providers engaged to provide any portion of the Support Services. IDSeal remains solely responsible to you for the Support Services and the performance of IDSeal’s obligations under these Home Support Terms, including any work or services performed by any Affiliate or Provider. Accordingly, to the fullest extent possible under Applicable Law, (i) neither IDSeal’s Affiliates or Providers will have any direct liability to you; (ii) you will not bring any legal claim, Dispute (as hereinafter defined), or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise, and including, but not limited to, a claim for negligence) in respect of or in connection with these Home Support Terms, the Policies or the Support Services against any of the IDSeal Affiliates or Providers; and (iii) you will ensure that no third party which is not a party to these Home Support Terms or Policies brings any legal claim, Dispute or proceedings of any nature (whether in contract, tort, breach of statutory duty or otherwise, and including, but not limited to, a claim for negligence) in respect of or in connection with these Home Support terms, the Policies or the Support Services against any of IDSeal’s Affiliates or Providers.

You hereby agree to the use of electronic communication in order to enter into legally binding agreements and to place orders with IDSeal, and agree to the electronic delivery of notices, policies and records of transactions initiated or completed with respect to your Subscription to email address on file with IDSeal and provided by you. You further waive any rights or requirements under and Applicable Law (to the extent permitted thereunder), which require an original (i.e., non-electronic) signature or delivery or retention of non-electronic records

2. Ordering Process.

To complete an Order for Support Services, you must provide your first and last name, mailing address, a valid email address, and a valid payment method (collectively, “Personal Information”). In order to receive the full benefit of the Support Services, you must also have internet access via a compatible browser and all relevant Devices (as hereinafter defined) must meet the requirements set forth in these Home Support Terms, including without limitation those contained in Article 6 below. Upon completion of the Order process, your Subscription account (“Subscription Account”) will be established and you will then have full access to and use of your Subscription. A single Subscription covers up to a total of six (6) “Devices”, which include personal computers, tables, smart phones, and connected devices. You may only use the Support Services in connection with the Device(s) associated with your Subscription Account via registration by you in the account portal located on the Website (the “Subscription Account Portal”), unless you purchase an Upgrade (as hereinafter defined) that includes an additional Device.

3. Personal Information

The Personal Information you provide to IDSeal will be used in accordance with the Privacy Policy in order to communicate and provide notices to you hereunder, charge you the Subscription Fee (as hereinafter defined), and to deliver the Support Services pursuant to these Home Support Terms.  At all times during your Subscription Term (as hereinafter defined), you must ensure that all Personal Information provided to IDSeal remains accurate, current and complete, including without limitation your email address.  You may update your Personal Information contacting IDSeal at 1-888-325-5865.  In the event that IDSeal is unable to deliver email messages to you after multiple attempts due to reasons beyond our control (i.e., your email address is no longer valid, your email box becomes full, or your email provider sends our communications to a SPAM or junk e-mail folder, or uses a “safe sender” process), or IDSeal discovers that any other portion of your Personal Information is or becomes inaccurate, then IDSeal may suspend all or any portion of your Subscription pending resolution of the issue and, after a reasonable amount of time following such suspension, IDSeal may terminate your Subscription upon notice to you as provided for in these Home Support Terms

4. Subscription Term. 

By Ordering, you are enrolling in a recurring monthly subscription that begins when your Order is completed and your initial Subscription Fee payment is processed, and automatically renews on a month-to-month basis until your Subscription is cancelled or terminated as provided for in these Home Support Terms.  Your total Subscription period is referred to herein as the “Subscription Term”, and each monthly payment period within the Subscription Term is referred to herein as a “Payment Period”. 

5. Use of the Support Services. 

You may use the Support Services only for personal, non-commercial purposes, and have no right to re-sell or license all or any portion of the Support Services. You may not use the Support Services for any illegal purpose‚ and you must abide by Applicable Law when using the Support Services.  You may not use the Support Services for high-volume purposes, or engage in similar activities, or use the Support Services as a virtual support center without IDSeal’s prior written consent, which may be withheld, conditioned or delayed in IDSeal’s sole discretion.  You agree that you will use the Support Services personally or on behalf of the Business associated with your Subscription Account, and you acknowledge and agree that you are solely and fully liable for all use under your Subscription Account by any party, with or without your permission, and including any secondary accounts or sub-accounts registered or otherwise associated with your Subscription Account.  You are solely responsible for your use of the Support Services and anything you do in reliance on the Support Services. IDSeal hereby reserves the right to set, define, redefine, modify or change any or all eligibility criteria for Ordering Support Services or your, or any other parties’, access to or use of the Support Services.  You are solely responsible for any costs or expenses incurred by you for or in connection with any services utilized to access or use the Support Services, including without limitation any charges for internet, telephone, data, roaming or similar services or features.

You hereby acknowledge and agree that your Subscription covers only the software, hardware and peripherals specifically listed in the product description associated with the Support Service Plan you Order and available here: Product Description (the “Product Description”).  IDSeal may modify any Product Description at any time in accordance with these Home Support Terms.  As part of your Subscription, IDSeal may require you to install certain Software (as hereinafter defined) to assist IDSeal or its Providers in the provision of the Support Services, and IDSeal reserves the right to terminate your Subscription if you (i) do not agree to install any required Software; (ii) alter, modify or disable any such Software, or its settings, features or configurations; or (iii) otherwise fail to comply with the provisions set forth in Article 7 below.

6. Support Services Requirements and Availability. 

In order to access and receive the Support Services and the full benefit of your Subscription, your system must have internet access and meet the minimum system requirements available here: Minimum System Requirements. It is your responsibility to ensure that you have adequate connectivity to the internet during the Subscription Term.  The Support Services and certain benefits or features included in the relevant Product Description may not be available at all times, or may not be available in the format generally marketed.  Line rate, access, and availability of the Support Services are not guaranteed.  IDSeal or its Provider will qualify your internet connection for the minimum line rate (speed) available for relevant portions of the Support Services based on the relevant standard line qualification procedures; however, some Devices may not be able to receive the all features of the Support Services even if initial testing shows that your connection was qualified or your Device’s network environment was suitable.   IDSeal or its Providers may, at any time, without notice or liability, restrict the use of the Support Services or limit its time of availability in order to perform maintenance activities, to maintain session control, or for network management purposes.  If you request remote technical services, IDSeal will use commercially reasonable efforts to schedule a mutually convenient service session within a reasonable period of time following such request; however, you hereby acknowledge that circumstances outside of IDSeal’s control (e.g., a large scale outbreak of a new computer virus, connectivity issues, etc.) may cause significant delays in IDSeal’s ability to schedule a service session, and you hereby release IDSeal, its Providers and their respective Affiliates from any and all liability related to or resulting from such delays.  If you contact IDSeal for technical services, IDSeal will make every reasonable attempt to troubleshoot, analyze, assess, correct or otherwise fix the relevant problem; however, if IDSeal is unable to resolve such problem despite its commercially reasonable efforts, you will still be liable for all Subscription Fees, Upgrade charges, and any charges applicable to the time spent attempting to correct the problem.  The waiver of any fees or charges under these Home Support Terms is at IDSeal sole discretion.

7. Software Licenses. 

In connection with the Support Services, IDSeal may provide to you, via download or other delivery method, licenses to use of certain software which is owned by IDSeal, its Providers, or their respective Affiliates, including client and/or network security software (collectively, “Software”).  Certain Software may be included in your Support Services Plan, while other Software may only be available by purchasing an Upgrade.  IDSeal reserves the right to update, modify or change (“Update”) the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any Updates to the Software. You may use the Software only as part of or for use with your Subscription and for no other purpose.

The Software may be accompanied by an end user license agreement from IDSeal, a Provider, an Affiliate of either of the foregoing, or another third party (each, a “License Agreement”), in which event your use of the relevant Software shall be governed by the terms of that License Agreement as well as these Home Support Terms.  You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the terms and conditions of such License Agreement.

With regard to any Software for which your acceptance of a separate License Agreement is not required (“IDSeal Software”), you are hereby granted a revocable, non-exclusive, non-transferable license by IDSeal to use the IDSeal Software (and any Updates thereto) for the duration of your Subscription Term. You may not make any copies of any IDSeal Software.

You agree that all Software is the confidential and proprietary information of the owner of such Software, whether IDSeal (with respect to the IDSeal Software), or the relevant Provider, or their respective Affiliate(s), which you shall not disclose to others or use except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by the relevant owner thereof.  You may not copy, de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of any Software, or otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that ACN or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and related documentation, as well as any corrections, updates and upgrades. Any export of the Software outside of North America is strictly prohibited.

Your license to use the Software shall remain in full force and effect until your Subscription is terminated pursuant to these Home Support Terms, or your license is earlier terminated by IDSeal, its Providers, or their respective Affiliates, or the counterparty to the relevant License Agreement (as applicable).  Upon the termination of your Subscription for any reason, you must cease all use of the Software and immediately delete the Software from all relevant Devices.

Third Party Software.  As part of the Support Services, IDSeal or its Providers may suggest that you acquire, install and use certain Software owned or licensed by a third party  and not provided by IDSeal or its Providers (“Third Party Software”).  Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software.  You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether IDSeal or its Providers assist you in the acquisition, installation, and/or use of such Third Party Software.  IDSeal has no rights to any Third Party Software and does not sell or license Third Party Software to you, or make any representation or warranty regarding the Third Party Software whatsoever.

IDSeal provides technical assistance and support for the Software in accordance with IDSeal’s then-current policies and procedures. To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. IDSeal makes no warranty that we are an authorized service provider for any Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment, and you hereby release IDSeal, its Providers and their respective Affiliates from any and all liability related to or resulting from such warranties or the voidance thereof.

Other Third Party Agreements. As part of the Support Services, IDSeal or its Providers may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider (in addition to the relevant terms and conditions contained in these Home Support Terms). You agree to comply with such provider’s terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to, certain technical support, portal, training, music, gaming and other services that IDSeal may elect to make available from time to time. Violation of any such third party provider’s terms of service may, in IDSeal’s sole discretion, result in the termination of your Subscription.

8. Support Services Fee; Payment Method. 

The monthly fee due and payable for your Subscription is established at the time of your Order and disclosed to you during the Order process.  You are responsible for payment of any taxes applicable to your Subscription, and the term “Subscription Fee”, as used in these Home Support Terms, refers to the monthly fee due and payable for your Subscription plus any such taxes.  For each monthly Payment Period, your Subscription Fee will billed, in advance, to the credit or debit card you authorized for billing during the Order process (your “Payment Method”).  If your Payment Method expires or otherwise becomes invalid during your Subscription Term, we will notify you in an attempt to update your Payment Method so your Subscription can remain active. If IDSeal is unable to bill you for the Subscription Fee via the Payment Method provided by you for any reason, then IDSeal may immediately suspend or terminate your Subscription upon notice to you.

9. Fee Increases; Additional Services. 

The amount of the Subscription Fee at the time of your Order may represent an introductory offer applicable only to a certain introductory period (the “Introductory Period”), which Introductory Period will be disclosed during the Order process.  IDSeal will automatically begin charging you the applicable non-introductory Subscription Fee amount applicable to your Support Services Plan (available on the Website) following the expiration of the relevant Introductory Period.

You may have the opportunity to purchase, at your election, additional features or benefits to be included in your Subscription (each, an “Upgrade”). The amount due for an Upgrade shall be due and payable at the time of purchase, separately from and in addition to the Subscription Fee.  Details regarding Upgrade offers may be viewed on the Website.  In addition to Upgrades, IDSeal reserves the right to charge an additional fee to perform any services that you request that are not covered by Support Services Plan as described in the relevant Product Description (available on the Website), or to refuse to perform any such service in IDSeal’s sole discretion.

10. Your Right to Cancel. 

You have the right to cancel your Subscription at any time through your Subscription Account Portal or by contacting IDSeal at 1-888-325-5865.  If you cancel your Subscription prior to the expiration of the then-current Payment Period, IDSeal will continue providing the Support Services through the end of such Payment Period, and your Subscription will terminate upon the expiration of that Payment Period.  Because your monthly Subscription continues through the end of the Payment Period in which you cancel your Subscription, IDSeal will not refund any Subscription Fees based on your cancellation of your Subscription or any Support Services included therein (subject to Applicable Law and these Home Support Terms).  Amounts due for Upgrades purchased and processed prior to IDSeal’s receipt of a cancellation request may be billed to you following the relevant termination date, and will be due and payable upon receipt. 

11. IDSeal Right to Terminate; Indemnification. 

IDSeal may terminate your Subscription upon notice to you, which termination will be effective as of the end of the applicable Payment Period. Upon the effective date of any such termination, IDSeal will stop billing you for the Subscription Fees and your access to the Support Services will be terminated. If IDSeal determines, in its sole discretion, that Support Services have been obtained or used fraudulently or in violation of Applicable Law, are being used for purposes in conflict with Applicable Law, the Policies or these Home Support Terms, or are otherwise being abused or used in a manner not contemplated by or intended by these Home Support Terms or the Policies, IDSeal may terminate your Subscription (or any Support Services included therein) immediately and without prior notice to you, and IDSeal reserves its rights to pursue any other remedies it may have against you at law or in equity. You may not be listed under more than one Subscription Account. Attempts by a single party to obtain multiple Subscriptions or to be named under more than one Subscription Account may result in IDSeal’s termination of all relevant Subscriptions and/or refusal to offer or sell the Support Services to you.

You agree to defend, indemnify, and hold harmless IDSeal, its Affiliates, licensors, Providers, Provider’s Affiliates and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to your (i) violation of Applicable Law; (ii) breach under these Home Support Terms or the Policies; (iii) use of the Website, the Support Services, or any other IDSeal services or products other than as expressly authorized by Applicable Law, these Home Support Terms or the Policies; and (iv) use of any information obtained from the Sites.

12. Change in Terms. 

Subject to these Home Support Terms and Applicable Law, and except for a Material Change, IDSeal fully reserves the right to modify, add, eliminate or otherwise change (collectively, “Change”) any portion of these Home Support Terms, the Policies, the Support Services, or any Product Description (including any benefits or features included or associated with the foregoing), or any term or condition applicable to all or any portion of the Support Services or your Subscription, without direct, individual notice to you. Notwithstanding the foregoing, IDSeal will endeavor to provide timely notice of any Change on one or more of the Sites. Any Change may be made effective at IDSeal’s election upon the implementation date, the date IDSeal posts notice of the Change, or prospectively to a date chosen and specified by IDSeal.  Subject to these Home Support Terms and Applicable Law, if you fail to cancel your Subscription or you use the Support Services after the effective date of any Change, you acknowledge the Change and agree to be bound and abide by same, and your exclusive remedy in the event you do not agree to any such Change is to cancel your Subscription as provided for in these Home Support Terms.

Notwithstanding the foregoing provisions of this Article 12, any Change to the Dispute Resolution Provisions or other material Change made to these Home Support Terms following your Order and during your Subscription Term (each, a “Material Change”) may be made only by way of mutual consent.  In the event of a Material Change, IDSeal will deliver email notice to you of same at the address associated with your Subscription Account, and may also provide such notice in the Subscription Account Portal or on one or more of the Sites, and you will then have ten (10) days from the date of such notice to cancel your Subscription by written notice to IDSeal, failing which, you will be deemed to have consented to the relevant Material Change and such Material Change will be immediately effective upon the expiration of such 10-day period without any further notice and will continue to be effective for the duration of your Subscription Term, subject to these Home Support Terms.

13. Policies. 

By completing your Order and entering into these Home Support Terms, you acknowledge that you have received, read and understand each of the Policies, including the Privacy Policy, the Website Terms of Use, the Application Terms of Use; and the Cookie Policy, and you agree to the terms and conditions contained in each, which terms and conditions are incorporated by reference into these Home Support Terms.  A copy of the current Policies can be reviewed on the Website.  Further, by Ordering and using the Support Services, you agree that IDSeal may use your Personal Information in accordance with the Privacy Policy, and you authorize IDSeal, its Affiliates, and the Providers to obtain and share your information as IDSeal deems reasonably necessary or desirable in the course of providing the Support Services, subject only to these Home Support Terms and Applicable Law.

14. NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS OF LIABILITY.

YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SUPPORT SERVICES AND THE INTERNET GENERALLY.

THE SUPPORT SERVICES AND ALL INFORMATION ON THE SITES ARE OFFERED AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER  EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, IDSEAL DOES NOT GUARANTEE OR WARRANT THE ACCURACY, CORRECTNESS, TIMELINESS, COMPLETENESS, CURRENTNESS, OR AVAILABILITY OF THE SUPPORT SERVICES, YOUR SUBSCRIPTION ACCOUNT, OR THE WEBSITE, OR THAT THE SUPPORT SERVICES OR WEBSITE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE, OR THAT CHANGES IN OPERATION, PROCEDURES, OR SERVICES WILL NOT REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, AFFECT ITS PERFORMANCE, OR RENDER THE SAME OBSOLETE.  IDSEAL MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SUPPORT SERVICES OR SITES.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

EXCEPT FOR IDSEAL’S OR ITS AFFILIATES’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL IDSEAL OR ANY OF ITS AFFILIATES, OR ANY OF THE PROVIDERS OR THE PROVIDERS’ AFFILIATES, BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SUPPORT SERVICES, ANY SUBSCRIPTION ACCOUNT OR THE WEBSITE, OR ANY LINKED WEBSITE, OR ALL OR ANY PORTION OF THE SUPPORT SERVICES OR THE WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OTHER ECONOMIC LOSSES, OR LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF EITHER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD BE AWARE OF SUCH POSSIBILITY. THE EXCLUSIONS AND LIMITATIONS OF WARRANTIES, LIABILITY AND DAMAGES SET FORTH HEREIN ARE SUBJECT TO APPLICABLE LAW.

IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF IDSEAL, IT AFFILIATES, IT PROVIDERS, ITS PROVIDERS’ AFFILIATES, OTHER SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE HOME SUPPORT TERMS, THE POLICIES, OR THE SUBJECT MATTER ADDRESSED BY THESE HOME SUPPORT TERMS OR THE POLICIES, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), AND OTHERWISE, EXCEED SIX (6) MONTHS OF THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO IDSEAL. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

You hereby acknowledge and agree that (i) your use of the Support Services and the internet are solely your responsibility and done at your sole risk; (ii) you will comply with all Applicable Law during your use of the Support Services and the internet; (iii) the internet is not owned, operated or managed by, or in any way affiliated with IDSeal or its Affiliates, it is not a secure network, and that third parties may be able to intercept, access, use, or corrupt the information you transmit or receive over the internet, and that IDSeal and its Affiliates are not responsible and have no control over the information, content or other materials, some of which may be malicious or destructive in nature, which may be accessed through use of the internet; (iv) IDSeal nor its Affiliates own or control any of the various facilities and communications lines through which internet service may be provided; (v) neither IDSeal nor its Affiliates can or do guarantee access to or through websites, servers or other facilities on the internet, whether or not such facilities are owned or controlled by IDSeal or its Affiliates; (vi) IDSeal cannot and does not guarantee or warrant that data available for downloading through the Support Service will be free of defects, infection or viruses, worms, Trojan horses or other code that manifest contaminating, malicious or destructive properties, and that you are responsible for implementing adequate procedures to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Support Services for the reconstruction of any lost data, and IDSeal is not responsible for invalid destinations, transmission errors, or corruption or security of your data.

15. Intellectual Property. 

The IDSeal name and logo, the Support Services, the Sites, and all portions and elements of or related to the foregoing, are either trademarks, service marks or registered trademarks of IDSeal, LLC or its Affiliates (collectively, the “IDSeal Marks’). Other products and company names mentioned herein may be the trademarks of their respective owners, including without limitation the Providers. No use of any IDSeal Mark may be made by you or any third party without express written consent of IDSeal or the relevant IDSeal Affiliate, which consent may be withheld, conditioned or delayed in such party’s sole discretion.  Elements of the Sites are protected by intellectual property laws such as trade dress, trademark, unfair competition, and other laws, and may not be copied in whole or in part, and no logo, graphic or image on the Sites may be copied or retransmitted in whole or in part, in each instance without the express written consent of IDSeal, which consent may be withheld, conditioned or delayed in IDSeal’s sole discretion.  You are not authorized to use any IDSeal Mark as a hypertext link to any the Website or any IDSeal Affiliate website, or in any advertising or publicity, or in any other commercial manner, without the prior written consent of IDSeal.  You understand that your ability to link to a website through the Support Services or Sites does not, in any way, represent or imply IDSeal’s approval of, or its determination of the quality of, any relevant product or service, and that any links are provided for your convenience only. The links provided through the Support Services or Sites are maintained by their respective organizations, which are solely responsible for their content.

16. DISPUTE RESOLUTION BY BINDING ARBITRATION

PLEASE READ THE FOLLOWING DISPUTE RESOLUTION PROVISIONS CAREFULLY, AS THESE PROVISIONS PROVIDE FOR THE RESOLUTION OF MOST DISPUTES THROUGH THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ALSO INCLUDE CERTAIN WAIVERS, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION AND CLASS ARBITRATION WAIVERS.

A.  Dispute Resolution Generally

By Ordering and accessing or using the Support Services, you agree to be bound by the Dispute Resolution Provisions set forth in Sections 16(B) through 16(H) below.  If either (i) IDSeal or any of its owners, officers, directors, employees, representatives or agents (for purposes of this Article 16, individually or collectively, “IDSeal”), or (ii) you has any legal claim or dispute against the other, including, but not limited to, those arising from or in connection with, or otherwise relating to, (a) the Support Services, (b) these Home Support Terms, (c) the Policies, (d) your access to or use of the Support Services or the Sites, or (e) the actions or omissions of IDSeal, its Providers, or their relevant Affiliates pursuant to these Home Support Terms or the Policies (each, a “Dispute”), then the party initiating the Dispute must first try to contact the other to resolve the Dispute informally in good faith. IDSeal must contact you by using the contact information associated with your Subscription Account. You must write to IDSeal at IDSeal, LLC, Attn: Legal Department, 1000 Progress Place, Concord, NC 28025, or by email at support@idseal.com.

B.  Arbitration

a. All Disputes (in any case, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory), to the extent not prohibited by Applicable Law, shall be resolved by final and binding arbitration, pursuant to the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”) (available at the following address: https://www.adr.org/sites/default/files/Commercial%20Rules.pdf or other applicable AAA rules, as in effect at the time of the arbitration and as modified herein. You may contact the AAA in writing at one of its locations (e.g., The Rotunda, 4201 Congress Street, Suite 125, Charlotte, NC 28209). You may also obtain additional information about the AAA and its procedures from the AAA’s website, at www.adr.org.  Notwithstanding the foregoing in this subsection 16(B)(a), either you or IDSeal may bring an individual action against the other party in small claims court (or comparable court of competent jurisdiction) so long as the only parties to that action are you and IDSeal and the total value of the claims made in the action is less than the claim limit applicable in the jurisdiction in which the claim is filed.  Following the contact required in Section 16(A) above and prior to commencing an arbitration proceeding with the AAA, a party seeking to arbitrate any Dispute must send to the other party, via certified mail, a written Notice of Dispute (“Notice”). The Notice to you must be sent by IDSeal to the address associated with your Account. The Notice to IDSeal must be addressed to IDSeal, LLC, Attn: Legal Department, 1000 Progress Place NE, Concord, NC 28025.  The Notice must (i) describe the nature and basis of the claim or Dispute; and (ii) describe the specific relief sought. You and IDSeal each expressly agree to attempt to resolve any Dispute by first sending the Notice to the other party prior to initiating or commencing an arbitration proceeding with the AAA.

b. If a Dispute is not satisfactorily resolved within sixty (60) days after the Notice is sent, either party may then commence an arbitration proceeding with the AAA.

c. If the amount involved in the Dispute is less than $20,000, the arbitration will be conducted, at your election, (i) in person in the jurisdiction of address associated with your Subscription Account, or (ii) by telephonic hearing. If the amount in Dispute is $20,000 or more, the arbitration will be conducted in Charlotte, North Carolina. Each of you and IDSeal has the right to be represented by an attorney in any arbitration.

d. The number of arbitrators shall be mutually agreed upon by the parties; provided, however, that in event the parties cannot agree on the number of arbitrators, the AAA Rules will control.  In all cases, the award of the arbitrator(s) shall be accompanied by a reasoned opinion. Punitive or exemplary damages shall be allowed only to the extent the remedy is expressly available under Applicable Law. Discovery shall consist of interrogatories, document requests, and no more than five depositions of seven hours or less each, per side; provided, however, that the arbitrator(s) may award additional discovery upon motion by either party and a showing of need and/or the inability to pursue or defend claims absent additional discovery.

e. The party initiating the arbitration must pay the applicable AAA filing fee when submitting its written request for arbitration to the AAA.  Unless otherwise provided for in the AAA Rules, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator, will be divided equally between the parties.

f. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses, document production, and evidence presentation.  The arbitrator(s) shall have the authority to award the same damages and other relief that would have been available to the parties as individual claimants in court.

g. Any award may be confirmed and enforced in any court of competent jurisdiction.  The arbitration will be confidential, and neither you nor IDSeal may disclose the existence, content, or results of the arbitration, except as necessary to conduct the proceedings, to confirm and enforce the award, to its own legal or financial advisors, by agreement, or as may be required by Applicable Law.

C.  CLASS ARBITRATION WAIVER

EACH DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING. NO CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATIONS ARE PERMITTED EVEN IF ALLOWED UNDER THE APPLICABLE AAA RULES. EACH PARTY AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING (“CLASS ARBITRATION WAIVER”). EACH OF YOU AND IDSEAL ACKNOWLEDGE THAT THE CLASS ARBITRATION WAIVER IS MATERIAL AND ESSENTIAL TO THE RESOLUTION OF ANY DISPUTE.  THEREFORE, IF THE CLASS ARBITRATION WAIVER IS LIMITED, VOIDED, OR OTHERWISE FOUND UNENFORCEABLE, SUCH THAT CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP ARBITRATION IS ALLOWED, THEN THE ENTIRETY OF SECTIONS 16(B) ABOVE AND 16(F) BELOW (BUT ONLY SECTIONS 16(B) ABOVE AND 16(F) BELOW) SHALL BE NULL AND VOID, AND IF A PARTY CHOOSES TO PROCEED WITH ITS CLAIM IT MUST DO SO IN COURT PURSUANT TO SECTIONS 16(D) AND 16(E) AND ARTICLE 17 BELOW. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS, THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, AND VALIDITY OF THE CLASS ARBITRATION WAIVER AND ANY ATTENDANT QUESTION OR DISPUTE REGARDING THE VOIDANCE OF THE ARBITRATION PROVISIONS SET FORTH IN SECTION 16(B) ABOVE, SHALL IN EACH CASE BE DECIDED ONLY BY A COURT AND NOT BY AN ARBITRATOR.

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THESE DISPUTE RESOLUTION PROVISIONS TO THE CONTRARY, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. NO CLASS, COLLECTIVE, REPRESENTATIVE, GROUP, OR APPLICABLE PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY, OR PRAYERS FOR RELIEF, MAY BE MAINTAINED IN ANY ARBITRATION HELD PURSUANT TO THESE DISPUTE RESOLUTION PROVISIONS.

D.  CLASS ACTION WAIVER

IN THE EVENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, EACH OF YOU AND IDSEAL AGREE THAT SUCH DISPUTE WILL ONLY BE RESOLVED ON AN INDIVIDUAL BASIS. EACH OF YOU AND IDSEAL SPECIFICALLY AGREE THAT YOU MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR GROUP PROCEEDING.

E.  JURY TRIAL WAIVER

TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, FOR ANY REASON, IF NOT PROHIBITED BY APPLICABLE LAW, EACH OF YOU AND IDSEAL HEREBY WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

F.  Delegation to Arbitrator

Except as provided in Section 16(C) above, you and IDSeal acknowledge and agree that the arbitrator(s), and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or validity of these Dispute Resolution Provisions, including without limitation any claim that these Dispute Resolution Provisions are void or voidable.

G.  Severability

If any provision contained in these Dispute Resolution Provisions is deemed invalid or unenforceable, such provision shall be modified automatically to the minimum extent necessary to render the parties’ agreement to arbitrate valid and enforceable.  If a provision conflicts with a mandatory provision of Applicable Law, the conflicting provision shall be severed automatically and the remainder construed to incorporate the mandatory provision. In the event of such severance or modification, the remainder shall not be affected.

H.  Termination and Survival

These Dispute Resolution Provisions shall remain in effect even after the expiration or termination of your Subscription or use of the Sites.

17. Governing Law and Jurisdiction. 

These Home Support Terms, including their formation, construction, interpretation, and enforceability, are governed by and shall be construed in accordance with the law of the State of North Carolina, without regard to its choice of law rules.  Notwithstanding the foregoing, each of you and IDSeal acknowledge and agree that the relationship between you is an interstate commerce transaction and, accordingly, the Dispute Resolution Provisions set forth in Article 16 above, and the interpretation and the enforceability of the Dispute Resolution Provisions, are and shall be governed by the Federal Arbitration Act, notwithstanding any other law to the contrary, and no state law shall apply if, and to the extent such state law is preempted, by the Federal Arbitration Act.  Subject to the foregoing, the substantive law of the State of North Carolina shall govern the substance of any Dispute arbitrated under the Dispute Resolution Provisions.  Further, any court proceedings between you and IDSeal shall be governed by the laws of the State of North Carolina, without regard to its choice of law rules, and such proceedings shall take place in North Carolina; provided, however, that if you bring a small claims action as permitted in subsection 16(B)(b) above, you may do so in the jurisdiction of the address associated with your Subscription Account.  Subject to the arbitration requirements contained in Section 16(B) above, for any court action brought in a jurisdiction consistent with the foregoing sentence, each of you and IDSeal agree to submit to the personal and exclusive jurisdiction of such court and waive any objection as to venue or inconvenient forum.

18. Customer Service Contact Information.  For assistance with your Subscription, your Subscription Account, or the Support Services, please write or call IDSeal using the following information:

IDSeal, LLC
Attn: Identity Care/Home Support Services
1000 Progress Place
Concord, NC 28025
email: support@IDSeal.com
Telephone: 1-888-325-5865 (Monday through Friday, 10am – 7pm EST)

19. MISCELLANEOUS

A.  Entire Agreement

These Home Support Terms, including the Polices, constitute the entire agreement between you and IDSeal pertaining to your Subscription, access to and use of the Support Services, and access to and use of the Sites, and any other written or oral agreements existing between us are null and void. You represent that you have read these Home Support Terms and the Policies, understand their terms, and agree and intend to be legally bound by them. You acknowledge that, in providing you access to and use of the Support Services, IDSeal has relied on your agreement to be bound by these Home Support Terms.

B.  Waiver and Severability

No waiver by us of any term or condition set out in these Home Support terms or the Policies shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Home Support terms or the Policies shall not constitute a waiver of such right or provision. Except as provided in Section 16(G) above, which shall control for purposes of Article 16, if any provision of these Home Support terms or the Policies is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Home Support Terms or the Policies will continue in full force and effect.

C.  Access and Security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures for access to your Subscription Account or the Sites, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Subscription Account and any account you set up through the Application (“Application Account” and, together with the Subscription Account, the “Accounts”), are personal to you and agree not to provide any other person with access to the Sites, Accounts or portions of either using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Accounts at the end of each session. You should use particular caution when accessing your Accounts from a public or shared computer so that others are not able to view or record your password or other Personal Information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of Applicable Law, these Home Support terms, or the Policies.

D.  Interpretation

In the event that these Home Support terms and the Policies are determined to be in conflict, regardless of which of the Policies are in conflict, the order of precedence applicable to these Home Support terms and the Policies shall be as follows: (1) these Home Support terms; (2) the Website Terms of Use; (3) the Privacy Policy; (4) the Application Terms of Use; and (5) the Cookie Policy.

Version 1.1
Issue Date: January 1st, 2020
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All Rights Reserved