Privacy & Legal Terms
Privacy
Privacy Notice
McAfee Privacy Notice

McAfee Privacy Notice

 

Effective Date: April 4, 2017

 

This Notice provides information about data we collect, use and share and our commitment to using the personal data we collect in a respectful fashion.

 

McAfee Privacy Notice We at McAfee, LLC and our affiliates with whom you have a business relationship (“McAfee”, “we”, “us”) care deeply about privacy, security, and online safety, all of which are a significant part of our essential mission: to protect users of our products and services (“you”, “your”) from the risks of theft, disruption, and unauthorized access to their online information and activities.  This Privacy Notice (“Notice”) is designed to inform you about how we collect, use and share your personal information. 

This Privacy Notice applies to personal information we obtain from individuals through our websites, products, services, and web-based applications (collectively, the “Services").  In addition, some of our products and services, such as our wide array of mobile applications (“Apps”), are subject to a separate privacy notice.  If a separate privacy notice applies to a particular product or service, for example, such as our Mobile App Privacy Statement, we will post it on our website (our “Site”). 

When you access or use our Services, you acknowledge that you have read this Notice and understand its contents. Your use of our Services and any dispute over privacy is subject to this Notice and our License Agreement (including any applicable limitations on damages and the resolution of disputes).

As McAfee grows, our business changes, and we may update this Notice, or other privacy notices that we establish for individual products, at any time as we deem appropriate to reflect those changes.  Where the changes are material, we will post them here in advance and, if the changes are likely to affect you personally, we will also attempt to contact you directly (such as via email if we have your email address).  It is important that you check back from time to time and make sure that you have reviewed the most current version of this Notice.

 

Why Do We Collect Information and Data?


We rely on a wide variety of information to run our business. In some instances, this information may include data that could be used to identify a particular individual, otherwise referred to as Personal Information.  In this Notice, we will provide multiple examples of how Personal Information we collect may be used and why it is important.  For example, when a consumer purchases one of our products we must collect their name, email address, and payment information to complete the transaction.  Some of the reasons that we collect Personal Information include to:

 

  • Provide our products and services including our Apps and this Site and improve them over time;
  • Allow you to download and purchase products and services;
  • Personalize and manage our relationship with you, including introducing you to products or services that may be of interest to you or to provide customer support;
  • Investigate, respond to, and manage inquiries or events;
  • Work with and respond to law enforcement and regulators; and
  • Research matters relating to our business such as security threats and vulnerabilities.

 

What Kinds of Personal Information Do We Collect?

 

The following are examples of the type of Personal Information that may be collected.  The specific kind of information collected will depend on the Services used:

  • Contact information (such as name, email address, mailing address, and phone number);
  • Payment information (including payment card numbers, billing address, and bank account information);
  • McAfee purchase or product/service use history;
  • Account log in credentials;
  • Your location;
  • Your interests;
  • Demographic information;
  • Photographs, images, video, and related hash values; or
  • Biometric data such as fingerprints or voice recordings.

 

In addition to the above, we may also collect other information related to user interactions with or use of our Services (“Usage Data”).  Much of this Usage Data, for example, clickstream data and aggregate usage statistics – is generally not personally identifying.  On the other hand, some of this Usage Data either alone or when combined or linked with your Personal Information, may allow your identity to be discovered.  In such cases, we treat the combined data as Personal Information.  In many cases, Usage Data is gathered automatically by systems or technology such as cookies (see more information about Information Collected Automatically below).

 

The following are examples of the type of Usage Data that may be collected by McAfee from your web browser or related to your interactions with our products and services:

 

  • Details about your computers, devices, applications, and networks (including IP
    address, browser characteristics, device ID, operating system, and language preferences);
  • Activities on our websites and usage patterns of products and services (including referring URLs, dates and times of website visits, and clickstream data);
  • Details about Internet, App, or network usage (including URLs or domain names of
    websites you visit, information about applications that attempt to access your
    network, or traffic data);
  • Data about files and communications, such as potential malware or spam (which may include computer files, emails and attachments, email addresses, metadata, and traffic data, or portions or hashes -- a hash file is a file that has been converted into a numerical string by a mathematical algorithm -- of any of this information).

 

How Do We Collect Information?

 

We collect information directly from you, as well as automatically through your use of our Services and, in some cases, from third parties.

 

Information That You Give Us:  Typically the information we collect directly from you are your contact details, payment or billing data, and relationship information like the content of customer service requests that you initiate, reviews you submit on our products, or responses to surveys.  You decide how much information to share with us in most cases, but not sharing required information may limit your ability to engage in certain activities, such as payment information required to complete a purchase.

 

Information Collected Automatically: When you use or interact with our Site and Services, we receive and store information generated by your activity, like Usage Data, and other information automatically collected from your browser or mobile device.  This information may include your IP address; browser type and version; preferred language; geographic location using IP address or the GPS, wireless, or Bluetooth technology on your device; operating system and computer platform; purchase history; the full Uniform Resource Locator (URL) clickstream to, through, and from our Site, including date and time; products you viewed or searched for and areas of our Site that you visited. We also may log the length of time of your visit and the number of times you visit and purchase or use the Services. We may assign you one or more unique identifiers to help keep track of your future visits. 

 

In most cases, this information is generated by various tracking technologies.  Tracking technologies may include “cookies”, “flash LSOs”, “web beacons” or “web bugs” and “clear GIFs”.  You can read about how we use cookies and other tracking technologies here and also learn about the choices you can make to limit their use.

 

Please see our Cookie Notice for more information about the cookies and other similar technologies that we use.

 

Information From Other Sources: If we receive any information about you from other sources, we may add it to the information we already have about you.  For example, if we receive a list of subscribers to a publication and we note that you are a user of our products and also a subscriber, we may combine that information.  Examples of information we may receive from other sources includes updated delivery or payment information which we use to correct our records, purchase or redemption information, customer support or enrollment information, page view, search term and search result information from business partners, and credit or identity information which we use to help prevent and detect fraud.

 

How Do We Use Personal Information?

Every time you turn on a device, connect to a network or open a file, you are exposed to significant risk from hackers, malware, spyware, and other forms of unauthorized access to your data and systems. Security products and services, such as McAfee’s, are designed to help protect you from these risks.

 

Security and Threat Detection. By collecting and processing data, including Personal Information, McAfee can help to predict threats and better protect you, your devices, and your information.   For example, McAfee may use your information to:

 

  • Analyze data sent to/from your device(s) to isolate and identify threats, vulnerabilities,
    suspicious activity, and attacks;
  • Assess the reputation of a device or file to advise you on whether access should be granted;
  • Participate in threat intelligence networks and conduct research and analysis, including market and consumer research and trend analysis;  and
  • Adapt products and services to respond to new threats.

 

Business Uses. In addition, we may use Personal Information for other business purposes, including to:

 

  • Analyze users’ behavior when using McAfee products and services to customize
    preferences;
  • Establish and manage McAfee accounts;
  • Collect and process payments and complete transactions;
  • Provide customer support, manage subscriptions, and respond to requests,
    questions, and comments;
  • Communicate about, and administer participation in, special events, programs,
    surveys, contests, sweepstakes, and other offers and promotions;
  • Enable posting on our blogs and other communications;
  • Customize, measure, and improve our websites, products, services, and
    advertising;
  • Analyze and develop new products, services, and websites;
  • Perform accounting, auditing, billing, reconciliation, and collection activities;
  • Prevent detect, identify, investigate, respond, and protect against potential or
    actual claims, liabilities, prohibited behavior, and criminal activity;
  • Comply with and enforce applicable legal requirements, agreements, and
    policies; and
  • Perform other activities consistent with this Notice. 


 

Processing as Part of the Services. We also process certain information as an integral part of our Services.  If you install or use one of our products or services, software will operate in the background of your computer system or device environment to perform specific security and privacy tasks including:

 

  • SPAM protection;
  • Virus protection;
  • Intrusion detection, prevention, and protection;
  • Threat prevention and prediction;
  • Network defense;
  • Data encryption;
  • Mobile device lockdown; and
  • Back-up and recovery activities.

 

Product Updating and ReportingOur products and services may also process certain data to provide updates and reports. These update functions may check your system to see whether files relating to the services need to be refreshed or modernized.  For example, products and services may transmit report files to McAfee. These files contain information, including the number of checked, suspicious, infected, or unwanted files or emails, the number of infections, the date and hash values of the detected infections, and the number of false negatives/false positives. The purpose of these reports is to analyze the frequency of particular infections or the prevalence of threats. McAfee also uses the information to adapt the product to conform to user preferences based on actual use.

 

Supporting Free Products and Services

 

We continually make a variety of free products available to our customers.  In order to keep these products free, we may use information collected through some of our products, such as information about websites you visit, to support interest based advertising by us or our partners. We do this by sharing information with trusted third parties about your browser and web browsing activity that does not identify you personally.  These companies are not permitted to use the information we provide to them to identify you, and are required to use the information we provide only in accordance with our privacy commitments to you.  Our products that use data in this way also include built in features allowing you to opt out of this sharing.

 

When Do We Share Personal Information?


We respect the importance of privacy.  Other than as provided in this privacy policy, we do not sell your Personal Information, nor do we share it with unaffiliated third parties for their own marketing use, unless we have your consent or we are required by law to do so. Generally, we may disclose the information we collect, including Personal Information in order to facilitate our provision of the Services or communications with customers (e.g., to service providers who preform functions on our behalf), to operate our business, to advertise or Promote our Services, to facilitate changes to or transfers of our business, as required by law, or with your consent.

 

We may share Personal Information in the following ways:

 

  • Current and future members of the McAfee family of companies for the purposes described in this Notice, such as to: (i) provide services and content (e.g., registration, sales, and customer support); (ii) help detect and prevent illegal acts and violations of our policies; and (iii) guide our decisions about our products, services, and communications;
  • Other users where integral to a particular Services where you have chosen to share such information, or where you have posted user content (e.g., comments and reviews, social media posts, photos or locations to groups you create);
  • Authorized service providers who perform services for us (including cloud services, data storage, sales, marketing, investigations, payment processing, customer support, and bill collection). Our contracts with our service providers include commitments that they agree to limit their use of Personal Information and to comply with privacy and security standards at least as stringent as the terms of this Privacy Notice.  Remember that if you provide Personal Information directly to a third party, such as through a link on McAfee’s website, the processing is typically based on their standards (which may not be the same as McAfee’s);
  • If we believe disclosure is necessary and appropriate to prevent physical, financial, or other harm, injury, or loss, including to protect against fraud or credit risk.
  • To legal, governmental, or judicial authorities, as instructed or required by those authorities or applicable laws, or in relation to a legal activity, such as in response to a subpoena or investigating suspected illicit activity (including identifying those who use our services for illegal activities).  We reserve the right to report to law enforcement agencies activities that we in good faith believe to be illegal.
  • In connection with, or during negotiations of, an acquisition, merger, asset sale, or other similar business transfer that involves substantially all of our assets or functions where Personal  Information is transferred or shared as part of the business assets (provided that such party agrees to use such Personal Information in a manner that is consistent with this Notice).
  • In order to provide marketing and advertising content about our products, or other products which may interest you, we may share your Usage Data, as well as anonymized information with third party ad networks, social media partners and similar providers.  A more detailed discussion of our relationship with third-party advertisers is set forth below under the heading "Third-Party Advertising".
  • With others only after obtaining your consent. If we want to share Personal Information other than as permitted or described above, we will provide you with a choice to opt in to such sharing and you may choose to instruct us not to share the information.

 

Your California Privacy Rights - Shine the Light Law

 

McAfee does not share your Personal Information with non-affiliated third parties for their own marketing use without your permission.

 

Third-Party Advertising

Advertising is a way for McAfee to subsidize many of our free products and services and also provides a way to inform you about products or services that we think may be of interest to you.  We have agreements with third-party advertising companies to display or deliver ads to you while you are on our Site or using some of our other products, like Apps.  These third party advertisers may automatically receive Usage Data when this happens. They may also download cookies to your computer, or use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs" or "clear gifs") to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer or device each time they send you an advertisement. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Third-Party Advertisers may also serve advertisements to you on other websites, based on their tracking of what content you looked at or interacted with on our Websites. Other than as described in this Notice, we do not give third-party advertisers your contact information such as email address, phone number or address without your consent.  See our Cookie Notice to learn more about how McAfee uses tracking technologies like cookies and how you can opt out of such technologies and advertising. This Notice does not cover the use of cookies or other tracking technologies by any of our advertisers. 

 

If you have provided our Apps with access to your location, our mobile advertising partners may use your location to target advertisements to you. You can use the location features on your device to disable this targeting.

 

Do Not Track Disclosure: Our Site does not respond to Do Not Track signals. You may, however, disable certain tracking as discussed above (e.g., by disabling cookies). For more information about Do Not Track signals, please click here.

 

What Security Measures Do We Have?

We use administrative, organizational, technical, and physical safeguards to protect the
Personal Information we collect and process. Our security controls are designed to maintain an
appropriate level of data confidentiality, integrity, and availability. We regularly test our
website, data centers, systems, and other assets for security vulnerabilities.
McAfee handles payment card data in a manner consistent with the Payment Card Industry
Data Security Standard (PCI-DSS). For example, when you make a payment on our website
using your credit card, we use SSL encryption for transmission of the credit card number.

 

What Choices Do You Have About Your Personal Information?

We offer certain choices about how we communicate with our users and what Personal

 

Information we obtain about them. Many McAfee products allow users to make choices about the Personal Information collected.

 

  • You may choose not to receive marketing communications from us by clicking on
    the unsubscribe link or other instructions in our marketing emails, visiting the
    My Account section on our website, or contacting us as specified in the “Contact Us” section below.
  • Many McAfee products contain settings that allow users or administrators to
    control how the products collect information. Please refer to the relevant
    product manual or contact us through the appropriate technical support channel
    for assistance.
  • To remove your Personal Information from a McAfee website testimonial, please
    contact customer service.
  • If you chose to no longer receive marketing information, McAfee may still communicate with
    you regarding such things as security updates, product functionality, responses to service
    requests, or other transactional, non-marketing/administrative related purposes.

 

How you can access and correct inaccuracies


If you subscribe to McAfee products, you can access and correct the Personal Information in your profile by visiting My Account.  Alternatively, you may request access or changes to, or removal of, your Personal Information in accordance with applicable laws by contacting us as indicated below.  For some requests, an administrative fee may be charged (where permitted by law).  We will advise you of any applicable fee prior to performing your request.

 

Data Retention

The time periods for which we retain your Personal Information depend on the purposes for which we use it. McAfee will keep your Personal Information for as long as you are a registered subscriber or user of our products or for as long as we have another business purpose to do so and, thereafter, for no longer than is required or permitted by law, or McAfee’s Records Retention Policy, reasonably necessary for internal reporting and reconciliation purposes, or to provide you with feedback or information you might request.    The information we collect may be stored and processed in servers in the United States and wherever McAfee and our service providers have facilities around the globe.


Children’s Privacy


Some of McAfee’s Services provide security features that may be used to monitor children’s activity online, physical location or when they are using a registered device.  McAfee does not knowingly collect Personal Information from children under the age of 13 without first obtaining parental consent in accordance with applicable laws like the Children’s Online Privacy Protection Act of the United States and similar laws around the world.  For products that may be used with children, there are options for parents or legal guardians to delete their child’s profile at any time and at the parent or guardian’s option.  We do not knowingly use Personal Information from children for any purpose except to deliver the products that are designed to offer family related or child-related protection Services.  If you believe we have collected information from your child in error or have questions or concerns about our practices relating to children, please notify us using the Contact Us details below and we will promptly respond.


Data Transfers


McAfee is headquartered in the United States, and we have operations, entities and service providers in the United States and throughout the world, including in India.  As such, we and our service providers may transfer your personal information to, or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.  We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.  If you are located in the European Economic Area or Switzerland, we provide adequate protection for the transfer of Personal Information to countries outside of the EEA or Switzerland through a series of intercompany agreements based on the Standard Contractual Clauses authorized under the EU Data Protection Directive 95/46/EC.

Links to Other Websites


Our Site may contain links to other websites for your convenience and information. These
websites may be operated by companies not affiliated with McAfee. Linked websites may have
their own privacy policies or notices, which we strongly suggest you review if you visit those websites. We are not responsible for the content, privacy practices, or use of any websites that are not affiliated with McAfee.

Contact Us


If you have questions or concerns regarding this Privacy Notice, or would like to update
information we have about you or your preferences, please contact us by email at privacy@mcafee.com or by one of the following additional methods:

 

In the United States by calling us at +1 972-963-7902 or by writing to us at:

 

Attn: Legal Department – Privacy Office,

5000 Headquarters Drive,

Plano TX 75024

 

In the European Economic Area by calling us at +44 (0) 1753 217 500 or by writing to us at:

227 Bath Road
Slough, Berkshire
SL1 5PP United Kingdom

In Japan by calling us at McAfee Information Center :+81  0570-010-220 or by writing to us at:

 

Personal Information Protection Manager

McAfee Co. Ltd.

Shibuya Mark City West,

Dougenzaka 1-12-1,

Shibuya-ku,  

Tokyo, 150-0043

Tel: (switchboard) 03-5428-1100

 

 

Cookie Notice
McAfee Cookie Notice

McAfee Cookie Notice

 

Use of Cookies and Similar Technologies

 

This Notice describes how McAfee (including certain McAfee Affiliates and Service Providers) (collectively “we” or “us”) uses Cookies and Similar Technologies (such as pixel tags, web beacons, clear GIFs, JavaScript, and local storage). We will refer to these Cookies and Similar Technologies simply as “Tracking Technologies” for the rest of Notice. We will also describe what options you may have regarding Tracking Technologies. This Notice covers the use of Cookies that may be used in connection with McAfee’s websites, mobile websites, and apps (the “Sites”).

 

In some cases, we may use Tracking Technologies to collect information that is personally identifiable, or that can become personally identifiable if we combine it with other information. In such cases, our Privacy Policy will apply in addition to this Cookie Notice.

 

What Are Tracking Technologies?

 

Cookies are small files—usually consisting of letters and numbers—placed on your computer, tablet, phone, or similar device, when you use that device to visit a website. Cookies are widely used by website owners and their service providers or partners to make their websites operate, work more efficiently, and provide analytic information.

 

These are the different types of Cookies used on our Sites:

 

  • Essential Cookies. These Cookies are required for the operation of our Sites (for example, to enable you to log into secure areas of our website or use a shopping cart). These Cookies enable you to move around the Sites and use their features. Disabling these Cookies will encumber the Sites’ performance and may make the features and service unavailable.
  • Analytics and Customization Cookies. These Cookies allow us to analyze activities on our Sites and on other sites where we post content in order to improve and optimize the way our Sites work. For example, we may use these types of Cookies to ensure that visitors can easily find the information they are looking for. One way we do this is to recognize and count the number of visitors and see how they move around a Site when they are using it. Analytics cookies also help us measure the performance of our advertising campaigns in order to help us improve our advertising campaigns and to optimize our Sites’ content for those who engage with our advertising.
  • Functionality Cookies. These Cookies are used to recognize you when you return to our Sites. This enables us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
  • Advertising Cookies. These Cookies record your online activities, including your visits to our Sites, the pages you have visited, and the links and advertisements you have clicked. One purpose of this is to help make the content displayed on our Sites more relevant to you. Another purpose is to allow delivery of advertisements or other communications to you that are designed to be more relevant to your apparent interests. Delivery of interest-based advertising may involve us, our service providers and partners such as publishers, data management platforms, and demand side platforms. For example, if you look at a page on one of our Sites, we may cause an advertisement to be delivered to you, on our Site or on other sites, for products referenced on that page or for similar products and services. We and our service providers and partners may also append other data to information collected by these Cookies, including information obtained from third parties, and share this information with third parties for the purpose of delivering ads to you.
  • Flash Cookies. A Flash Cookie is a small data file placed on a computer using Adobe Flash or similar technology that may be built into your computer or downloaded or installed by you to your computer. We use these technologies to personalize and enhance your online experience, facilitate processes, and personalize and store your settings. Flash cookies may help our website visitors to, for example, set volume preference associated with a video experience, play games, and perform surveys. They help us improve our sites by measuring which areas are of greatest interest to guests. They may be recognized by other sites or by our marketing or business partners. Flash cookies are different from browser cookies and the cookie management tools provided by your browser may not remove Flash cookies. Click here to learn how to manage privacy and storage settings for Flash cookies. If you disable Flash cookies or other similar technologies, please be aware that you may not have access to certain features and services that make your online experience more efficient and enjoyable.
  • Web Beacon. A Web Beacon is a very small clear picture file used to keep track of your navigation through a single website or a series of websites.  They may also be referred to as “Web Bugs” or “Clear Gifs.” Web Beacons may be used with cookies to gain an understanding of how a website’s users navigate through the website.

 

How Do We Collect and Use Other Information?

 

We and our service providers may use Tracking Technologies for a variety of purposes, including to:

 

  • Help us and third parties obtain information about your visits to the Sites;
  • Process your orders;
  • Analyze your visiting patterns to improve our Sites;
  • Deliver advertising, communications, and content from us and third parties, on our Sites and those of third parties, specific to your interests;
  • Remember your language and other preferences;
  • Help you obtain information you are looking for;
  • Provide a safe and secure service for online transactions;
  • Measure how many people use our Sites, and how they use them;
  • To keep our Sites running efficiently.

 

If you register on one of our Sites, or otherwise provide us with your personal information, we may associate that information with other information we collect from or about you, information regarding your use of our Sites, or information we receive about you from third parties. We may use this combined data for purposes consistent with our Privacy Policy, including for marketing.

 

How Long Do Tracking Technologies Stay on My Device?

 

Some Cookies will stay on your device between browsing sessions—they do not expire when you close your browser. These Cookies are called “persistent” Cookies. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie. We and others use persistent Cookies for a variety of purposes, such as to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Sites, how often you return, how your use of the Sites may vary over time, and the effectiveness of advertising efforts.

 

Other Cookies operate from the time you visit our Site to the end of that particular web browsing session. These Cookies expire and are automatically deleted when you close your Internet browser. These Cookies are called “session” Cookies.

 

Who Puts Tracking Technologies on My Device?

 

Cookies may be placed on your device by McAfee as the Site operator. These Cookies are called “first party” Cookies. Some Cookies may be placed on your device by a party other than McAfee. These Cookies are called “third-party” Cookies. For example, a McAfee partner may place a third-party Cookie to enable online chat services.

 

Cookies may also be used that allow us and third parties to know when you visit our Sites, and to understand how you interact with emails, advertisements, or other content. Through Cookies, aggregate and other information not identifying individual users (such as your operating system, browser version, and the URL you came from, including from emails and advertisements) may be obtained and used to enhance your experience and understand traffic patterns. This technology counts the number of users who visit a particular service from specific banner advertisements outside the McAfee Site or who clicked on links or graphics included in email newsletters received from McAfee. It is also used as a tool to compile aggregated statistics about how McAfee Sites are used, to perform analytics and help us to optimize our Sites, and to help serve you advertising based on your interests, as described in further detail below.

 

How Does McAfee Use Online and Mobile Advertising?

 

We and third parties, including technology partners, and service providers engage in interest-based advertising to deliver advertisements and personalized content that we and other advertisers believe will be of interest to you. To the extent third-party vendors are using Cookies to perform these services for us, McAfee does not control the use of this technology or the resulting information, and is not responsible for any actions or policies of such third parties. We identify some resources in this Notice (see “How do I Manage Tracking Technologies” below) that can help you.

 

Ads may be delivered to you based on your online or mobile behavior (on McAfee Sites or other sites), your search activity, your responses to one of our advertisements or emails, the pages you visit, your general geographic location, or other information. These ads may appear on our Sites or on third-party websites. The technology partners with whom we work to help us conduct interest-based advertising may be members of self-regulatory associations such as the Network Advertising Initiative (NAI) and the Digital Advertising Alliance (DAA). For Sites directed at persons located in the European Union, we may work with technology partners who are members of the European Digital Advertising Alliance (eDAA). You may also see advertisements for third parties on our Sites or other websites or properties, based on your visits to, and activities on, our Sites and other sites.

 

How Do I Manage Tracking Technologies?

 

You can decide whether or not to accept Cookies. One way you can do this is through your Internet browser’s settings. Most Internet browsers allow some control of most Cookies through the browser settings (Please note that if you use your browser settings to block all Cookies you may not be able to fully use the Site.). You can find information online about how to manage Cookies. For example, the following links provide information on how to adjust the Cookies settings on some popular browsers:

 

 

You can also use a browser plug-in such as Ghostery* or the Tracking Protection List* from TRUSTe. (A browser plug-in is a piece of software which adds extra capabilities to your browser—for example, to play video or scan for viruses). Adobe Flash Player* is software for viewing multimedia on a computer. Websites that use Adobe Flash* may store Flash Cookies. Flash Cookies may also be known as Flash Local Shared Objects (LSOs). McAfee may use Flash LSOs to provide special content, such as video and animation playback.

 

To find out more about interest-based advertising and your choices, visit these sites: Digital Advertising Alliance, the Network Advertising Initiative, and the Interactive Advertising Bureau (IAB) Europe. You can opt out of the use of Cookies to tailor content or advertising to you by visiting the following links. Note that if you choose to opt out, you won’t necessarily see fewer ads. However, the ads you see may be less relevant to your interests.

 

 

How Does McAfee respond to a Do Not Track Signal?

 

There is currently no industry agreed upon response to a Do Not Track signal. At this time, McAfee Services and Sites do not respond to a user’s Do Not Track signal.

 

Privacy

 

We are committed to good privacy practices. For more information about our approach to privacy see our Privacy Notice and the Code of Conduct.

 

How to Contact Us

 

If you have any questions about how we use Cookies, you can contact us using the information set forth below. Please include your contact information and a detailed description of Cookie concern.

 

McAfee LLC
Attn: Legal Department – Privacy Office,

5000 Headquarters Drive, Plano TX 75024

 

 

This Notice updates and supersedes previous versions. We may change this Notice at any time. The “LAST UPDATED” section at the bottom of this page lists when this Notice was last revised. Any changes to this Notice will become effective when we make the revised Notice available on or through the Sites.

 

LAST UPDATED: April 3, 2017.

Mobile App Statement
McAfee Mobile App Statement

Mobile App Privacy Statement

 

Effective Date: [April 3, 2017]

 

McAfee, LLC and our affiliates with whom you have a business relationship (“McAfee”, “we”, “us”) respect your privacy. This Mobile App Privacy Statement ("App Privacy Notice") describes our privacy practices regarding the collection, use, and disclosure of your personal information through our mobile apps (our “app” or “apps”). 

 

1.    What We Collect.

 

Information you provide:

 

We may require that you register to use the apps. Registration may require personal information like your email address and name and information like a unique user name or password. In some cases, you may be able to sign in using your Google or Facebook account credentials which will then be used only for the purpose of account access and account management.

 

The functionality of the apps may require some access to personal information in order to use the apps. This may include contact information such as your name, address, phone number, email address, and unique log-in credentials. The apps may also access unique numeric identifiers assigned to your device such as your mobile advertising ID/IDFA, Bluetooth device IDs, and mobile device ID.

 

Other types of information may also be collected by the apps such as:

 

  • IDs of any Bluetooth devices connected to your mobile device
  • Media such as photos and videos that you store or consent to give us access to
  • Device details such as OS, device ID, and device type
  • List of other apps on your device and information about those applications
  • Your location 
  • Details of your McAfee product subscriptions such as  products used, registration data, product key, and the like
  • Information about websites that you view and visit
  • Battery levels, on/off device status

 

Access to some of the above information (such as your location) may be restricted by your mobile device's operating system, and your consent will be requested before we may access this information. It is your choice whether you wish to provide consent; however, if you do not provide consent, some functionality of the apps may be restricted.

 

You may also have the opportunity to voluntarily provide additional information from time to time that is not required by the apps but may improve your experience.

 

 

Information we collect automatically from your device and apps

 

In addition to the above information, the apps automatically collect other device-related information and app performance data. This includes crash logs to assess application usability and performance, length of time spent on the apps, and other aggregate or statistical information. Location data may be automatically collected, such as by GPS, for the purpose of providing certain features of the apps. This data is transmitted and stored separately from any personal information processed by the apps and contains no information that can reasonably be used to directly identify you.

 

2.    How We Use Your Information.

 

In addition to providing and improving the apps and related services, we use your personal information to communicate with you, including to send you notifications and alerts and for in-app advertising and marketing (in accordance with your marketing preferences), to respond to your requests (such as for technical support or customer service), and for research and analytics. In addition to the uses described in this App Privacy Notice, we may use your personal information as otherwise permitted by applicable law.

 

Some apps may use information about the websites you visit and the apps installed on your device to show you more relevant ads. When we do this, we will provide you notice of these activities and the opportunity to opt out.

               

3.    How We Share Your Information.

 

Third-party service providers and affiliated companies

 

Other than as described in this App Privacy Notice, we do not sell, rent, or share information that identifies you personally like your name, email address, phone number, or address. We may need to share the information we collect through the apps with third-party service providers in order to support the apps, their features, and their services, including customer services and technical support, and with our affiliated companies. 

 

We may share the advertising identifier assigned to your device along with information about the websites you visit or the apps installed on your device with third-party service providers so that they can use that information to help show you ads that are more likely to be relevant to your interests. This information does not identify you personally. 

 

Some of our providers may use your information in a format that does not directly identify you for their own business purposes (such as to improve their own services). For example, they may track the number of customer support calls required before an issue is resolved in order to improve resolution time. Our contracts do not permit our third-party service providers to use your personal information in ways that are inconsistent with this App Privacy Notice. 

 

Third-party service provider terms

 

Some of our third-party service providers may have additional terms and choices that apply to your information which we are required to make available to you as follows: 

 

Google Maps: If the app uses Google Maps’ API, it is governed by Google’s Privacy Policy. Certain Maps API(s) store and access cookies and other information on end-users’ devices. 

 

The Facebook Audience Network: We are a member of the Facebook Audience Network. This provides a way for companies to display their ads to Facebook users in apps and websites that are also part of the network. Facebook helps tailor the ads so that they are relevant and useful. You can use Facebook’s ad preferences tool to view, add, and remove your preferences, including whether you receive these tailored ads, including in our apps. We encourage you to review Facebook’s data policy and privacy basics. Ads in our apps may also include an Ad Choices opt-out icon so you can opt out directly from our app.

 

Other ways your personal information may be shared

 

Your personal information may also be used and shared with law enforcement, government representatives, or others if required by law, in connection with a sale purchase, merger, or reorganization, or when we believe it is necessary to protect our rights, property, or safety, to comply with a judicial proceeding, court order, or legal process—such as evidence in litigation in which we are involved. In the case of a sale or purchase we will instruct the entities to which we transfer your personal information only to use it in a manner consistent with this App Privacy Notice.

 

4.    Your Choices.

 

You may request access to view, modify, update or remove the personal information that we have related to your use of the apps by contacting us using the details supplied in the "Contact Us" section below. You can unsubscribe from our marketing-related messages at any time by following the unsubscribe instructions included within each marketing-related message sent to you or by using the details in the "Contact Us" section. We will comply with requests within the time frames required by applicable law. Please note that if you choose not to receive marketing-related emails from us, we may still send you important administrative and transactional messages related to the apps and services (“service notifications”).

 

You may have the option to limit the use of information about your device for purposes of serving ads that are targeted to your interests through your device settings (called “Limit Ad Tracking” on iOS devices and “Opt Out of Interest-Based Advertising” on Android devices).

 

5.    Security. 

 

We take reasonable technical, administrative, and physical measures to protect the personal information provided, but you must understand that no app or internet transmission can ever be guaranteed 100% secure. Where personal data collected is stored on your device, security is through your device’s own secure storage facilities. You should also take care to protect the secrecy of your account user name and password and to protect the personal information that is stored on your device.

 

6.    International Transfers. 

 

We are a U.S.-based, global company. As such, we may transfer, store, and process your personal information in the United States (U.S.) or to any of our group companies worldwide when processing that information for the purposes described in this App Privacy Notice. We may also transfer your personal information to our third-party service providers, who may be located in a different country than you.

 

Personal information collected by us from the European Economic Area and Switzerland is protected in accordance with applicable legal requirements implemented through intra-group agreements incorporating the standard model contractual clauses recognized by the Directive 95/46/EC1 of the European Parliament and the Council, also known as the Data Protection Directive (“the Directive”).

 

7.    Data Retention.

 

We retain account information, such as your name, account credentials, and email for the lifetime of your account. However, if you are not an active user of the app (as determined by number of log-in attempts) your account and all data will be deleted after a reasonable period of time. If your data is deleted, you may have to establish a new account to begin using the app again. In some products, data may be stored locally on your device as well as remotely on our (or our service provider's) systems. Generally, if you delete the apps on your device, any data stored locally on the device will be deleted; however, data on servers elsewhere may remain. You can request that we delete your personally identifiable information on our app servers by sending a written request to us as instructed in the Contact Us section below. Your request must provide your name, any app-specific user ID, email address, and the name of any apps subject to your request. We will retain these communications for our record keeping purposes.

 

8.    Use of Services by Minors. 

 

We comply with the Children’s Online Privacy Protection Act of the United States and similar laws around the world where applicable to our products and services. We do not knowingly collect personal information from children without proper parental consent. If you believe that we may have improperly collected personal information from someone under the applicable age of consent in your country, please let us know using the methods described in the Contact Us section and we will take appropriate measures to investigate and address the issue promptly. 

 

9.    Notice to California Residents. 

 

Section 1798.83 of the California Civil Code requires us to tell you that we do not share your personal information with third parties for their direct marketing purposes.

 

10.  Updates to this App Privacy Notice.

 

From time to time we may update this App Privacy Notice and/or our Privacy Notice for legal, regulatory, or business reasons. We will post any such updates to this App Privacy Notice along with the effective date of these updates within the app or on http://www.mcafee.com/common/privacy/english/index.htm as applicable. 

 

If we make any material changes to the way we collect and use your personal information, then we will also take other reasonable measures to inform you (which may include contacting you by email, if we hold your email address). Where required by law, we will seek your affirmative consent to such material changes.

 

Except where prohibited by law, your continued use of the apps following such changes will confirm that you have read and understand the updated App Privacy Notice.

 

11.  Contact Us. 

 

If you have questions or concerns about our privacy practices, you can send a letter to the postal address listed below. To help us most effectively respond to your query, please include your contact information, name of the Service or website, and a detailed description of your request or privacy concern.

 

McAfee LLC
Attn: Legal Department – Privacy Office

5000 Headquarters Drive, Plano TX 75024

 

 

If you are located in the European Economic Area, please write to: 


227 Bath Road
Slough, Berkshire
SL1 5PP United Kingdom

Telephone: +44 (0) 1753 217 500

Email: privacy@mcafee.com

License Agreement
McAfee License Agreement
 

LAST UPDATED: June 26, 2017

 

Thank you for choosing McAfee. 

 

This is an agreement (“Agreement”) between you and McAfee, LLC (“McAfee”, “our”, “we” or “us”), or depending on where you live or how you obtained the product or service, one of our affiliates listed in Section 6. This Agreement sets out your rights and the conditions upon which you may use our software and services (“Software” or “Services”). You should read the document in its entirety, including any linked terms, because all the terms are important and together create this Agreement that applies to you. PLEASE PAY PARTICULAR ATTENTION TO THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 5 THAT AFFECTS HOW DISPUTES ARE RESOLVED.

 

By clicking an acceptance button, indicating assent electronically, loading the Software or otherwise using the Software or Services, you agree to the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not install, access or use the Software or Services. If you have accepted multiple versions of the Agreement, the most current version that you accepted is the Agreement between you and us and supersedes and replaces all prior versions. To the extent any translated version of this Agreement conflicts with the English version, the English version controls.

 

This Agreement covers:

 

  1. License Terms (Including Restrictions, Ownership, Changes, Termination and Privacy)
  2. Payment & Support Terms (Including Automatic Renewal, Cancellation, Refunds, Support and Updates)
  3. Terms Specific to Certain Products and Services (Including Free Products)
  4. Terms Specific to Identity Protection Services
  5. Binding Arbitration and Class Action Waiver
  6. General Legal Terms (Including Limited Warranties, Disclaimer of Warranties, Limitation of Liability, Licensing Entities and Local Law Provisions)
  7. McAfee Contact Information

 

  1. LICENSE TERMS

     

    License Grant. We are pleased to grant you a personal, non-transferable, nonexclusive term-limited license to install and use any Software and Services for which you have purchased a subscription for personal use on the number of devices and for the number of users specified in your License Entitlement or Service Entitlement, as applicable, subject to the System Requirements (“License”). “License Entitlement” means the number and type of devices and users that are permitted to use the Software, as specified in transaction documents associated with your purchased subscription, which (depending upon the channel from which you purchased the license) may include: the checkout payment page, a product description page on our website, the email confirmation that we send for the purchase, the package if purchased at a retail store, or another transactional document made available to you (“Transaction Documents”). If no licensed device count or user count is specified on your Transaction Documents, the License Entitlement is for a single device and user. “Service Entitlement” means the scope and duration of the Services you purchased, as specified in Transaction Documents. If no scope or duration is specified in your Transaction Documents, the Service Entitlement is for a single device and user for one year. “System Requirements” means the devices and operating systems that the particular McAfee product will function properly with, as set forth on our website. Meeting System Requirements is your responsibility. This may include, but is not limited to, obtaining updates or upgrades from time to time in order to continue using the Software.

     

    Restrictions. The Software and Services are licensed to you, not sold, and they are protected by U.S. and international laws and treaties. You do not have any right to reproduce or distribute the Software and Services without our permission, and if you do so you may be subject to fines or any other penalties allowed by the civil and criminal laws of the relevant jurisdiction. You may not: (i) reverse-engineer or otherwise try to derive source code from the Software and Services, unless allowed by law; (ii) adapt or modify the Software and Services or create derivative works based on the Software and Services; (iii) publish, copy (other than backup copies if permitted by your Transaction Documents), sell, lend, rent, sublicense, assign or in any other way transfer the Software and Services to anyone else; (iv) exploit the Software and Services for any commercial purposes; (v) attempt to circumvent technical protection measures in the Software and Services; (vi) use the Software and Services to violate the law; or (vii) engage in any activity that interferes with anyone else’s use of the Software and Services. If you have installed the Software and Services on a mobile device and you transfer ownership of that device to someone else, you must ensure that any Software and Services are deleted from that device and that the device information is removed from your account with us. We have the right to terminate or suspend this Agreement, your account, and your access to the Software and Services if we determine that you have violated this Agreement. The Software and Services may contain enforcement technology that limits the size of content storage, bandwidth consumption, or the number of devices on which the Software and Services may be installed or that allows us to suspend your access to the Software and Services if you have violated this Agreement or if your License has expired or been terminated.

     

    Ownership. We, along with our suppliers and partners, retain ownership of our respective Software and Services and all rights related to the Software and Services, including all intellectual property rights. The only rights we grant you are those rights expressly stated in this Agreement. Also, if you provide us any comments, information, opinions, or suggestions on the Software and Services (“Feedback”) you acknowledge and agree that we may use your Feedback without restriction, for any purpose and without compensation to you.

     

    Free Software and Courtesy Services. The Software and Services may include: (A) free versions of the Software, including (i) any features included in a paid subscription for which we no longer charge or which we offer to you at no charge, and (ii) any feature that we give you on a trial, courtesy or evaluation basis or that is labeled as “Pre-Release,” “Limited Release,” “Beta” or otherwise described as experimental, untested, or not fully functional (“Free Software”); and (B) services that we provide without charge to you as a courtesy, which may be labeled similar to Free Software and may be experimental, untested or not fully functional (“Courtesy Services”).

     

    Paid Subscriptions. The License is effective for the subscription term set forth in your Transaction Documents (“Subscription Term”) and each subsequent renewal term, unless terminated in accordance with this Agreement. If no Subscription Term is specified in your Transaction Documents, the default Subscription Term is one year from the date that the Software or Services were purchased. Your subscription renewal of the Subscription Term constitutes your acceptance of and agreement to the then-current version of the McAfee License Agreement.

     

    Free Software and Courtesy Services. The License is effective for as long as the Free Software is installed or we otherwise make the Free Software or Courtesy Services available to you and will remain subject to any limitations in the Transaction Documents, as applicable.

     

    Changes to this Agreement. For paid subscriptions, you accept changes to this Agreement by renewing the subscription, and the updated Agreement with the change(s) will be effective upon such renewal of your subscription. If you do not agree to the Agreement as amended, then you must reject the changes by turning off auto renewal and uninstalling the Software and ceasing all use of any Software or Services at the end of the Subscription Term. For Free Software and Courtesy Services, you accept change(s) to this Agreement by continuing to use the Free Software or Courtesy Services. If you reject the updated Agreement, your license to the Free Software or Courtesy Services is terminated and you must cease all access to and use of the Courtesy Services or Free Software and uninstall the Free Software.

     

    Termination. We may terminate this Agreement if you fail to comply with the terms of this Agreement. You may terminate the License prior to the expiration of the term by permanently erasing the Software and Services from your devices and canceling your account with us. Please refer to our Refund Policy to see if you are eligible for a refund prior to erasing your Software and Services. If this Agreement expires or is terminated, (i) you will no longer be authorized to use or access the Software and Services, including any online storage or backup services, (ii) you must permanently erase the Software and Services from your devices, and (iii) we may cancel or close your account. Upon termination or expiration, we will follow our standard policies to delete any of your online stored or backed-up information, text, files, links, images or other materials provided to us (“Content”). It is your responsibility to store or backup your Content elsewhere before this Agreement expires or is terminated. We are not responsible for giving you a copy of your Content.

     

    Privacy. For more information on how we may collect and process information, please see our Privacy Notice.

  2.  

  3. PAYMENT & SUPPORT TERMS

     

    PAYMENT AUTHORIZATION YOU AGREE THAT WE OR OUR AUTHORIZED PARTNER MAY CHARGE THE CREDIT OR DEBIT CARD ACCOUNT OR OTHER PAYMENT DEVICE YOU PROVIDED FOR ALL AMOUNTS YOU OWE RELATED TO YOUR PURCHASE, INCLUDING ANY SUBSCRIPTION RENEWALS. YOU AGREE TO NOTIFY US PROMPTLY OF ANY CHANGE IN YOUR CARD ACCOUNT NUMBER OR EXPIRATION DATE OR OTHER PAYMENT INFORMATION. FOR CREDIT AND DEBIT CARDS, YOU AGREE THAT WE MAY UPDATE SUCH INFORMATION WITH UPDATES RECEIVED DIRECTLY OR INDIRECTLY FROM YOUR CARD ISSUER AND THE RELEVANT CARD NETWORK AND WE MAY USE THE UPDATED CARD INFORMATION TO CHARGE AMOUNTS YOU OWE US. THIS WILL SERVE AS YOUR CONSENT FOR YOUR CARD OR PAYMENT DEVICE TO BE CHARGED OR DEBITED.

     

    Automatic Renewal.

     

    You agree that your paid subscription will be automatically renewed. You authorize us or our authorized partner to charge your card or payment device on file within 30-days of your subscription expiration date, at the renewal term subscription price in effect at the time the renewal. Pricing is subject to change. Your subscription is ongoing and will continue until you cancel. If you would like additional information or to cancel your subscription or modify your auto-renewal settings, log onto your My Account page or contact Customer Support. Before your Subscription Term expires, we will send a notice to the e-mail address listed in your account profile, informing you of the upcoming renewal. If, at the time of renewal, your Software and Services have been renamed, upgraded or replaced by a new offering with reasonably comparable features (“Replacement”), we may, at our discretion, automatically renew your subscription with the Replacement for no more than the undiscounted subscription price of the Replacement.

     

    ANY TIME AFTER PURCHASING A SUBSCRIPTION, YOU MAY TURN OFF AUTOMATIC RENEWAL BY ACCESSING YOUR ONLINE ACCOUNT PAGE OR CONTACTING CUSTOMER SERVICE. IF YOU DO NOT WISH TO BE AUTOMATICALLY RENEWED, YOU MUST TURN OFF AUTOMATIC RENEWAL MORE THAN 30 DAYS BEFORE YOUR SUBSCRIPTION TERM EXPIRES. IF YOU DO NOT TURN OFF AUTOMATIC RENEWAL, YOUR SUBSCRIPTION WILL CONTINUE FOR THE RENEWAL TERM UNDER THE AGREEMENT IN EFFECT AT THE TIME OF EACH RENEWAL UNLESS IT IS CANCELED BY YOU (OR TERMINATED BY US PURSUANT TO THIS AGREEMENT).

     

    TURNING OFF AUTOMATIC RENEWAL WILL DISCONTINUE ANY PREMIUM FEATURES AND SERVICES THAT WE OFFER EXCLUSIVELY TO SUBSCRIBERS WHO ARE ENROLLED IN AUTOMATIC RENEWAL AND HAVE PAID FOR THEIR SUBSCRIPTION.

     

    Cancellation. Except as provided by our Refund Policy, cancelling your subscription or terminating this Agreement will not result in a retroactive refund or pro-ration of fees paid based on cancellation date. Cancelling your subscription or terminating this Agreement will stop future recurring fees, and you will have access to the subscribed Software and Services until the end of the then-current Subscription Term.

     

    Refund. For more information on obtaining a refund for Software and Services purchased from McAfee, please see our Refund Policy.

     

    Data Charges. You are responsible for any charges incurred with your data- or mobile-service provider in connection with your use of the Software or Services, including any overage and penalties assessed for exceeding your data or minute allowance, or use of domestic or international short message service.

     

    Support and Updates. If your Software and Services qualify for technical support and you have a current paid subscription, you will receive technical support in accordance with our current standard-support offerings. Not all Software and Services qualify for technical support. Consult your Transaction Document or terms of service, as applicable, for information regarding technical support and additional options. Our standard-support offerings, policies, and procedures may change from time to time and may vary by country. Any obligation we may have to support the previous version of the Software and Services ends when an upgrade, modified or later version, or other update to the Software and Services (“Update”) becomes available. For your convenience and to ensure that the Software on your devices includes new features that we develop, by agreeing to this Agreement you give us permission to install Updates and (at your request or with your consent) new Software on your devices automatically when available, to the extent that it is possible for us to run such background installations. We may also automatically pre-load Software, but will not activate such Software without your consent. Any Updates or technical support provided for Free Software is at our sole discretion and may be discontinued at any time.

     

    Product & Services Lifecycle. From time to time, at our sole discretion, we may elect to discontinue certain Software or Services or particular features of the Software or Services. “End of Support” refers to the date when we no longer provide automatic fixes, Updates or technical support for particular Software or Services. If a renewal term for your subscription would expire past the End of Support, you will not be able to renew your subscription.

  4.  

  5. TERMS SPECIFIC TO CERTAIN PRODUCTS AND SERVICES

     

    Services. In addition to this Agreement and applicable Transaction Documents, some Services that you purchase from us are subject to and governed by additional terms of service, which are posted on our website. Security Services must be updated to address new threats, to improve performance or efficiency, and for other business reasons. You acknowledge and agree that we may modify the features and functionality of the Services during the Subscription Term. Such modifications will not materially decrease the functionality of the Services. Some devices may not be able to receive the Services. To receive the Services, a high speed Internet connection is required and your device must meet the applicable System Requirements.

     

    Safe Family and Multi-User Products. If you are an adult, parent, or legal guardian, you may use the Software or Services to track and monitor only your own children, children for whom you are the legal guardian, or others for whom you have legal authorization to track and monitor. You are responsible for obtaining authorization from any third party to whom you extend access to multi-user Software or Services that track and monitor.

     

    Free Software. If the Software and Services that you download or otherwise receive are Free Software, then this section of the Agreement will also apply. To the extent that any provision in this section is in conflict with any other term or condition in this Agreement, this section will supersede such other term(s) and condition(s) with respect to such Free Software, but only to the extent necessary to resolve the conflict. All Free Software is provided “as is”, without any warranty (express or implied), indemnity, maintenance or support, express or implied, subject to any statutory rights that cannot be excluded or limited by law. You acknowledge that Free Software may contain bugs, errors and other problems that could cause system or other failures and data loss. You acknowledge that we have not promised or guaranteed to you that Free Software will be announced or made available to anyone in the future, that we have no express or implied obligation to you to announce or introduce Free Software, and that we are not obligated to introduce a product similar to or compatible with Free Software or any updates to any Free Software. Accordingly, you acknowledge that any use of the Free Software is entirely at your own risk.

     

    “Life of Your (Device)” Subscription. The McAfee “Life of Your (Device)” subscription can be applied to a single Windows PC or Android mobile device (“Your Device”) if included in your purchase of Your Device, or on no more than three of Your Devices if you purchased the McAfee “Life of Your (Device)” subscription separately. Once properly installed onto Your Device, the McAfee “Life of Your (Device)” subscription will be active for the remainder of Your Device’s industry-standard useful life, and you are entitled to English-language telephone and web-based technical support during normal business hours for one year, and English-language web-based technical support, as long as the operating system currently installed on Your Device is not more than two versions older than the most-current version (for example, “Windows 10.x” or “Android 4.x”), for the industry-standard useful life of Your Device (industry standard useful life for a PC is 5-7 years, or 3 years for a tablet or smartphone). The McAfee “Life of Your (Device)” subscription is not transferable or movable to any other person, PC, or device in any event or under any circumstance. If you sell or otherwise transfer Your Device to another person prior to the end of Your Device’s useful life, your McAfee “Life of Your (Device)” subscription will void and terminate, and the subsequent owner of Your Device will not have the right to install, use, or possess the McAfee “Life of Your (Device)” subscription. Any attempt to transfer, move, or reinstall the McAfee “Life of Your (Device)” subscription on another PC or device, or to install the subscription on more than the original PC or device, or original three PCs or devices, as applicable, will terminate your right to install, use, or possess the McAfee “Life of Your (Device)” subscription. In order to stay current and receive support, you must update your McAfee “Life of Your (Device)” Software periodically and upgrade to the latest version of the same McAfee product level of software. If at any time, you decide to upgrade to a different product other than the McAfee “Life of Your (Device)” subscription, that product upgrade: (1) will be subject to payment of that product’s applicable fee; (2) will NOT be a “Life of Your (Device)” license; and (3) your subscription and license to McAfee “Life of Your (Device)” subscription will automatically terminate without notice or refund of money previously paid.

     

    Virus Removal, TechMaster Services or Virus Protection Pledge. If your subscription includes Virus Removal Service, TechMaster Service or is entitled to our Virus Protection Pledge or a similar services whereby we or one of our partners access your device to attempt removal of malware or perform other specified services, additional terms apply as may be specified in your Transaction Documents and the terms of service that is available on our website. We will make commercially reasonable efforts to perform malware removal Services. You understand and agree that not all malware can be removed through the Services and we do not guarantee that we can remove all malware from your device(s). To the extent permitted by applicable law, we will have no liability for loss of or recovery of data, software, or loss of use of system(s) or networks arising out of these Services or any act or omission, including negligence, by us or our representatives. If we work with you on any password or other access control issues, we strongly recommend that you reset such password(s) immediately following the completion of the Services. You agree that you are a legal license holder of the Software on your device and your use of the Internet is solely at your own risk. By electing to receive the Services, you confirm that you (i) have full access to your hardware and software for which you are purchasing the Service, and (ii) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services. The Virus Protection Pledge requires active enrollment in our auto-renewal service and is subject to additional terms and restrictions posted on our website.

     

    Password Management. You are responsible for the security of your password and for all aspects of keeping your account secure. You should keep your password and encryption key for your account secure because without them you may lose access to your data. You are solely responsible and liable for any activity that occurs under your account, including by anyone who uses your account. If there is any unauthorized use or access to your account, you must let us know immediately. We are not responsible for any loss caused by unauthorized use of or access to your account; however, you may be liable for any losses we or others suffer because of the unauthorized use. WE DO NOT HAVE ACCESS TO MASTER PASSWORDS AND CANNOT RECOVER YOUR ENCRYPTED DATA IF YOU FORGET THE MASTER PASSWORD FOR ANY PASSWORD MANAGEMENT FEATURE OR SOFTWARE. We offer both free and premium versions of our password management Software. The free version limits the maximum number of unique accounts (such as a website or application login) that you can store. The premium version of the Software may be downloaded at no cost during a promotion, however, when the promotional period ends you will not be permitted to add any new unique accounts if you have exceeded the maximum number permitted by the free version. If you download any McAfee password management Software, that download will be subject to all subscription fees that are published in connection with that download, as well as the terms and conditions of this Agreement.

     

    WebAdvisor. McAfee WebAdvisor is Software (with a corresponding website) that provides users with information to guide users about certain risks that may be associated with a website. The WebAdvisor Software displays color-coded symbols next to links provided by major search engines, and the corresponding websites have dossier pages to provide information on the factors that affect site ratings. The ratings are primarily derived using automated methods; the WebAdvisor Software cannot detect or examine every possible aspect of website design, nor can it determine the intent of the site owner. We do not control or assume responsibility for the content of the third-party sites, and some of the third-party sites may have content that you find objectionable, inappropriate, or offensive. THE SITE RATINGS ARE NOT A GUARANTEE OF ANY PARTICULAR SITE’S SPECIFIC PRACTICES OR TRUSTWORTHINESS, AND IN NO CASE DO THE RATINGS REPRESENT AN ENDORSEMENT BY US OF THE SITE’S CONTENT, SUBJECT MATTER, OVERALL QUALITY, OR USEFULNESS.

     

    Monitoring of Service Sessions. We and our partners may, but have no obligation to, monitor and record Service sessions, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant us permission to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to you or other users and to enhance the types of Services we may provide to you in the future. You also grant us permission to combine your information with that of others in a way that does not identify you or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.

  6.  

  7. TERMS SPECIFIC TO IDENTITY PROTECTION SERVICES.

     

    These terms only apply if you have enrolled in, are entitled to, or use our identity protection services from us or one of our trusted partners (these Services are sometimes referred to as the “Identity Protection Services”).

     

    The Identity Protection Services are only available to residents of the United States who possess a valid social security number. While enrolling for the Services, we will ask you for the following types of information: (i) contact information (such as name, address, phone number, and e-mail address); (ii) identity related information (such as date of birth, driver’s license number and social security number); (iii) information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our Services, and to fulfill our obligation to provide our Services to you, including monitoring your identity and communicating with third parties as necessary to provide such Services, such as, for example, identification verification companies, third party service providers, third party data suppliers, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others. McAfee’s Privacy Notice outlines the manner in which we (or others acting on our behalf) collect, use, and share information about you in connection with your use of the Identity Protection Services, and it is your responsibility to review our Privacy Notice prior to agreeing to this License Agreement or before using our Services.

     

    You understand that by accepting this Agreement and using our Identity Protection Services, you are providing us and our employees, agents, subsidiaries, affiliates, contractors, third-party service providers and data providers, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA), as amended, including Experian, TransUnion, Equifax, and affiliated entities, written instructions (as described in these terms), consent and authorization to access and use consumer reports, including credit reports, about you (or about any children you have enrolled, if applicable) from each national credit or consumer reporting agency and to exchange information about you with third party data providers and each such national credit reporting agency in order to verify and monitor your identity and to provide the Identity Protection Services to you.

     

    Fair Credit Reporting Act. The Fair Credit Reporting Act (“FCRA”) allows you to obtain from each consumer reporting agency a disclosure of all the information in your consumer file at the time of the request. Full disclosure of information in your file at a consumer reporting agency must be obtained directly from such consumer reporting agency. The consumer reports provided by or requested from McAfee Identity Protection are not intended to constitute the disclosure of information by a consumer reporting agency as required by the FCRA or similar laws.

     

    Under the FCRA you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. You may request your free annual report under the FCRA, at www.annualcreditreport.com.

     

    You are also entitled to receive a free copy of your credit report from a consumer reporting agency if:

     

    You have been denied or were otherwise notified of an adverse action related to consumer, insurance, employment, or a government granted license or other government granted benefit within the past 60 days based on information in a consumer report provided by such agency.

     

    You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past 60 days based on information in a consumer report provided by such agency.

     

    You certify in writing that you are unemployed and intend to apply for employment during the 60 day period beginning on the date on which you made such certification.

     

    You certify in writing that you are a recipient of public welfare assistance.

     

    You certify in writing that you have reason to believe that your file at such consumer reporting agency contains inaccurate information due to fraud.

     

    In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your consumer report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your consumer report twice a year. For Illinois residents, consumer reporting agencies are required by law to give you a copy of your consumer record upon request at no charge or for a nominal fee. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your consumer report.

     

    The Fair Consumer Reporting Act provides that you may dispute inaccurate or incomplete information in your consumer report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CONSUMER REPORT FROM ANY OF THE CONSUMER REPORTING AGENCIES IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CONSUMER REPORTING AGENCIES, OR FROM ANY OTHER CONSUMER REPORTING AGENCY.

     

    It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your consumer report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact such entities as follows:

     

    Experian: 1-800-EXPERIAN (1-888-397-3742)

     

    Equifax: 1-800-685-1111

     

    Transunion: 1-800-916-8800

     

    For a full summary of your rights under the FRCA, click here

     

    Additional Disclaimers of Warranties and Limitation of Liability. Below are additional warranties and limitations of liability applicable to our Identity Protection Services:

     

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE IDENTITY PROTECTION SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCAFEE, LLC AND ITS THIRD PARTY SERVICE PROVIDERS AND THEIR DATA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, MCAFEE, LLC AND ITS THIRD PARTY SERVICE PROVIDERS AND THEIR DATA PROVIDERS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE IDENTIFY PROTECTION SERVICES AND WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE IDENTITY PROTECTION SERVICES OR THE DATA THEREIN.

     

    We are not a credit repair organization, or similarly regulated organization under other applicable laws, and do not provide credit repair advice.

     

    Our credit monitoring offerings monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).

     

    We do not monitor all transactions at all businesses.

     

    Credit scores, reports, and credit monitoring may require an additional verification process and credit services will be withheld until such process is complete. A reduced service fee will be charged until you verify your identity.

     

    The Vantage Score credit scores are Vantage Score 3.0 credit scores based on data from Equifax, Experian and TransUnion respectively. Third parties may use a different Vantage Score or a different type of credit score to assess your creditworthiness.

     

    For the McAfee® Identity Theft Protection Essential and Premium services, credit monitoring by Experian and TransUnion may take several days to begin.

     

    You represent and warrant to us that you will use Identity Protection Services (and any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.

     

    We are not responsible for delay or failure to perform due to causes beyond our reasonable control.

     

    Additional Terms of License for Identity Protection Services

     

    You acknowledge that McAfee reserves the right to modify the offerings that constitute the Identity Protection Services subscriptions at any time, as well as the right to modify the pricing for those subscriptions.

     

    You acknowledge that McAfee reserves the right to discontinue the Identity Protection Services at any time and/or to transfer you to a third party providing similar services at any time.

     

    A free subscription to Identity Protection Services is valid for one year from the date of sign-up.

  8.  

  9. BINDING ARBITRATION AND CLASS ACTION WAIVER

     

    For all non-European Union customers.

     

    Agreement to Arbitrate Disputes. Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or us against the other arising from, relating to or in any way concerning the Agreement, the Software, or any equipment, products, or Services you receive from us (or from any advertising for any such products or services) will, at the demand of either party, be resolved by confidential binding arbitration. This agreement to arbitrate also includes: (i) Claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) Claims by you, and also Claims made on your behalf or connected with you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy; (iii) Claims that relate directly to us, and/or to our parent, affiliates, successors, assignees, employees, and agents; and (iv) Claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. YOU AND WE AGREE THAT NO CLASS ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION, NOR MAY SUCH ACTIONS BE PURSUED IN COURT. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.

     

    Notice of Dispute. The party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating arbitration. Notice should be sent to McAfee, 5000 Headquarters Drive, Plano, TX 75024, Attention: Legal Department. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested. You and we will use reasonable efforts to resolve any dispute through informal negotiation within 60 days from the date the notice of dispute is sent. After 60 days, you or we may commence arbitration.

     

    Administration of Arbitration. If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either party, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding will be confidential. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience or a retired or former judge selected in accordance with the rules of the AAA. The arbitrator is bound by the terms of this Agreement, and the arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (the “Arbitration Rules”). For more information, see adr.org or call 1-800-778-7879. Except with respect to any claims or counterclaims seeking less than $25,000, the arbitrator will issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based. All arbitration proceedings will be conducted in English, and the United States FAA will govern the interpretation, enforcement, and proceedings pursuant to the binding arbitration clause in this Agreement. The award will be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law. You and we further agree that a judgment may be entered upon the award by any court having jurisdiction. The arbitration award will determine the rights and obligations between the named parties only, and only in respect to the claims in arbitration, and will not have any bearing on the rights and obligations of any other dispute.

     

    Costs. The party initiating the arbitration will pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse your filing fee. We will pay the fees and costs for the first day of any hearing. All other fees and costs will be allocated in accordance with the arbitration rules. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so. Each party will bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

     

    Right to Resort to Provisional Remedies Preserved. Nothing herein will be deemed to limit or constrain our right to resort to self-help remedies or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies.

     

    Conflicting Terms. In the event of a conflict between the Arbitration Rules and this arbitration agreement, this arbitration agreement will govern. If any portion of this arbitration agreement is deemed invalid or unenforceable, it will not invalidate the other provisions of the arbitration agreement; provided, however, that (a) if the prohibition on class-wide arbitration is deemed invalid, then this entire arbitration agreement will be null and void; and (b) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration agreement will be null and void as to such claims only. This arbitration agreement will survive the termination or cancellation of this Agreement. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement will control.

     

    WAIVER OF JURY TRIAL. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THE AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES). IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. This paragraph in no way invalidates the Agreement to Arbitrate Disputes.

     

    For European Union Customers – Online Dispute Resolution Service (“ODR”) & Alternative Dispute Resolution (“ADR”). We are required by law to provide a link from our website to the EU ODR Platform http://ec.europa.eu/consumers/odr/index_en.htm. We are not obligated to use ADR should you have a complaint with us. If you do have a complaint with us which we cannot resolve using our internal complaints handling procedures, we will contact you by letter or email about whether we are prepared to submit to ADR. You may contact us through our website.

  10.  

  11. GENERAL LEGAL TERMS

     

    Law Covering This Agreement. Except as provided in the Local Law Section below, this Agreement, the use of the Software and Services, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws of the state of New York, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. If for any reason, the laws of the state of New York are found not to apply, then, except as provided in the Local Law Section below, this Agreement, the use of the Software, Services, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws of the state of Delaware, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to the Software or Services.

     

    Attacks on Data. You acknowledge that some security breaches involve attacks on data. For example, there are viruses and other malware that: (i) delete or destroy your data (sometimes individual files, but sometimes even an entire disk by corrupting a master boot record or other key element); (ii) modify your files (such as parasitic malware that attaches itself to a file and modifies the file to enable its own execution and/or propagation); and (iii) encrypt files on your drive (such as ransomware that uses asymmetric encryption). The best way for you to protect yourself from these types of attacks is frequent back-ups of your data to another device or location. That way, you have another copy of the data that the attacking software has deleted, modified, or destroyed. While we will use commercially reasonable efforts to remove the attacking malware or virus, it is your sole and exclusive responsibility to back-up all data and files on your device so that they can be restored in the event of an attack on your data. Without such a back-up, it may not be possible to restore the deleted, destroyed, or modified data. We will have no liability for loss of or recovery of data, or files or loss of use of systems or networks arising from attacks on data.

     

    Limited Warranty. For 30 days after the purchase date (“Warranty Period”), for paid versions of the Software only, we warrant that the Software licensed under this Agreement (including updates provided during the Warranty Period but not for updates provided outside of the Warranty Period) will perform substantially in accordance with the documentation provided by us in connection with that Software at the time of purchase, and that any tangible medium (such as a CD-ROM, but excluding devices manufactured by other companies) on which the Software is contained and provided to you will be free from defects in materials and workmanship. We do not warrant or guarantee that any particular mobile device or computer will be compatible with or function with the Software or Service, nor do we warrant or accept any liability for the operation of your personal equipment that is used to access the Software or Service. Your sole remedy, and our and our suppliers’ entire liability, in case of any breach of this limited warranty is that we will, at our option, refund the price you paid for the license, replace the defective medium that contains the Software, re-perform the Service, or provide an alternative remedy as required by local consumer law in your jurisdiction. These remedies may not be available in some countries to the extent that we are subject to restrictions under applicable export-control laws and regulations. If the tangible medium is defective, you must return it at your expense to the place where you bought it and provide a copy of your receipt. Any replacement medium will be warranted for the remainder of the original Warranty Period.

     

    DISCLAIMER. THE ABOVE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES. THEY REPLACE ALL OTHER WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, PERFORMANCE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY IN THIS SECTION, THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS”. YOU ARE RESPONSIBLE FOR SELECTING THE SOFTWARE AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS, FOR INSTALLING AND USING THE SOFTWARE OR SERVICE, AND FOR THE RESULTS OBTAINED. WE DO NOT WARRANT OR GUARANTEE THE SOFTWARE’S OR SERVICE’S USE OR PERFORMANCE. WE DO NOT WARRANT OR GUARANTEE THAT THE SOFTWARE’S OR SERVICE’S OPERATION WILL BE FAILSAFE, UNINTERRUPTED, OR FREE FROM ERRORS OR DEFECTS, OR THAT THE SOFTWARE OR SERVICES WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS (INCLUDING INTENTIONAL MISCONDUCT BY THIRD PARTIES), THAT THERE WILL BE NO MALFUNCTIONS OR OTHER ERRORS IN THE SOFTWARE OR SERVICES CAUSED BY VIRUS, INFECTION, WORM OR SIMILAR MALICIOUS CODE NOT INTRODUCED OR DEVELOPED BY US, OR THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS. WE ARE NOT LIABLE FOR ANY DOWNTIME OR SERVICE INTERRUPTION, FOR ANY LOST OR STOLEN DATA OR SYSTEMS, OR FOR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO ANY ACTIONS OR INTRUSIONS.

     

    High Risk Activities. The Software and Services are not fault-tolerant and is not designed or intended for high-risk activities such as use in hazardous environments requiring failsafe performance, including nuclear-facilities operations, air traffic communication systems, weapons systems, direct life-support machines, or any other application in which the failure of the Software or Services could lead directly to death, personal injury, or severe physical or property damage. We expressly disclaim any express or implied warranty of fitness for high-risk activities.

     

    Limitation of Liability. UNDER NO CIRCUMSTANCES ARE WE OR OUR SUPPLIERS, LICENSORS OR OTHER THIRD-PARTY SERVICE PROVIDERS LIABLE TO YOU FOR ANY: (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (II) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, AND (III) DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR NEGLIGENCE OF ANY KIND, OR FOR ANY OTHER INDIRECT DAMAGE OR LOSS. IN NO EVENT WILL OUR, OUR AFFILIATES’ OR OUR SUPPLIERS’, LICENSORS’ OR OTHER THIRD-PARTY SERVICE PROVIDERS’ AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SOFTWARE, OR USD $100 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY) IF YOU USED FREE SOFTWARE. You agree to the limitations of liability in this Section and acknowledge that without your agreement to this term, the fee charged for the Software would be higher. Nothing in this Agreement limits any rights you may have under existing consumer-protection statutes or other applicable laws that may not be waived by contract in your jurisdiction.

     

    Government End Users and Export Control. The Software is commercial computer software under DFARS Section 217.7202, the Defense Federal Acquisition Regulations Supplement (codified under Chapter 2 in Title 48, Code of Federal Regulations). The accompanying documentation (if any) is commercial-computer-software documentation under FAR Section 12.212, the Federal Acquisition Regulations (codified in Title 48 of the United States Code of Federal Regulations). Any use, modification, reproduction, release, performance, display, or disclosure of the Software or Services and accompanying documentation by the United States Government is governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. Your use of the Software or Services and its related documentation, including technical data, may not be exported or re-exported in violation of the U.S. Export Administration Act, its implementing laws and regulations, the laws and regulations of other U.S. agencies, or the export and import laws of the jurisdiction in which you obtained the Software. Export to a particular individual, entity, or country may be prohibited by law. Information about import restrictions can be found at the following websites: http://www.treas.gov/ofac and http://export.gov/ecr/eg_main_022148.asp

     

    Third Party Programs. Some third-party materials included with the Software or Services may be subject to other terms and conditions, which are typically found in a “Read Me” or an “About” file accompanying the Software or Services. Those third-party materials may include software source code licensed by third parties under one or more open-source or free-software licenses, including the GNU General Public License, which are considered “Open Source Software.” The Open Source Software is licensed under terms and conditions different from this Agreement and may, in some cases, conflict with the terms of this Agreement and will apply instead of the terms of this Agreement. If an Open Source Software license requires us to distribute any source code related to the Software or Services or any modifications to the Software or Services, we will make the source code available on request.

     

    No Waiver. We do not waive any provision of this Agreement unless we waive it in a signed writing.

     

    Severability. If any part of this Agreement is for any reason held to be unenforceable, that part is, to that extent, deemed omitted, and the rest of it remains fully enforceable; PROVIDED HOWEVER, THAT THE ARBITRATION AGREEMENT WILL NOT APPLY TO ANY CLAIMS AS TO WHICH THE LIMITATIONS ON CLASS ACTIONS OR CONSOLIDATED ARBITRATION ARE NOT PERMITTED BY APPLICABLE LAW.

     

    Complete Agreement. This Agreement constitutes the entire agreement between you and us and governs your use of the Software and Services acquired hereunder. This Agreement supersedes any prior agreements between you and us in relation to the Software and any Services, and any other communications, representations, or advertising relating to the Software or Services.

     

    Licensing Entities. The Software and Services are licensed to you by one of these legal entities: 

     

    • McAfee, LLC, a Delaware limited liability company, with offices located at 2821 Mission College Blvd., Santa Clara, California 95054, USA, if the Software is downloaded in North America, Central America, South America, or the Caribbean;
    • McAfee Ireland Limited, with offices located at Building 2000 City Gate, Mahon, Cork, Ireland if the Software is downloaded in Europe, the Middle East, Africa, the Pacific Rim, or Australia; or
    • McAfee Co., Ltd. with offices located at Shibuya Mark City West Building 12-1, Dougenzaka 1-Chome, Shibuya-ku, Tokyo 150-0043, Japan, if the Software is downloaded in Japan. 

     

    Local Law. The subsections below contain information regarding the local laws of certain jurisdictions that will apply to this Agreement and may supersede certain provisions as referenced herein.

     

    Australia. For consumers in Australia:

     

    The benefits to you under the limited warranties in Section 6 are in addition to other rights and remedies you may have under a law in relation to the goods or services to which the warranty relates. Our goods come with guarantees that cannot be excluded under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. This warranty is made by McAfee Ireland Limited, with offices located at Building 2000 City Gate, Mahon, Cork, Ireland, but you may call 1800 998 887 with questions regarding our warranty for Australian customers. Any claims made under this warranty must be sent, at your expense, to the following address:

     

    Legal Department
    McAfee Australia Pty Ltd
    Level 20
    201 Miller Street
    North Sydney NSW 2060

     

    For customers located in Australia, if a tangible medium on which Software was delivered is defective, you must return the defective medium to us at your expense, with a copy of your receipt, within 14 days of discovering the defect. We will notify you of receipt within 14 days of receiving it.

     

    THE DISCLAIMERS IN SECTION 6 DO NOT APPLY TO YOU TO THE EXTENT THAT AUSTRALIAN LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF ANY APPLICABLE STATUTORY GUARANTEES, EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS. IN THAT CASE, THE EXPRESS OR IMPLIED WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

     

    THE LIMITATIONS ON LIABILITY SET FORTH IN SECTION 6 DO NOT APPLY TO CONSUMERS IN AUSTRALIA.

     

    NOTHING IN THIS AGREEMENT LIMITS ANY RIGHTS YOU MAY HAVE UNDER EXISTING CONSUMER-PROTECTION STATUTES OR OTHER APPLICABLE LAWS, INCLUDING AUSTRALIAN CONSUMER LAW, THAT MAY NOT BE WAIVED BY CONTRACT IN YOUR JURISDICTION.

     

    Canada. If you acquired the Software or Services in Canada, unless expressly prohibited by local law, then this Agreement, the use of the Software and Services, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada.

     

    European Union, Iceland, Norway, or Switzerland. If you acquired the Software or Services in the European Union, Iceland, Norway, or Switzerland, then national law of the country where you downloaded the Software applies.

     

    Japan. If you acquired the Software or Services in Japan, then this Agreement, the use of the Software and Services, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with Japanese law without regard to its choice-of-law rules.

     

    Netherlands. For customers in the Netherlands, any automatic renewal of your original subscription will be for an indefinite term, billed in accordance with the terms of your subscription. You may terminate your renewed subscription any time after renewal by contacting Customer Service and providing at least 30 days’ notice of your intent to terminate and we will provide a prorated refund in accordance with local law. If you do not want your subscription to renew automatically you must turn off auto-renewal in your account settings 30 days before the expiration of your initial subscription.

  12.  

  13. MCAFEE CONTACT INFORMATION

     

    Customer Service & Technical Support: http://service.mcafee.com

     

    Privacy: privacy@mcafee.com

     

    Disputes:

     

    Attn: McAfee Legal Department
    5000 Headquarters Drive
    Plano, Texas 75024

MFECONSUMER.EULA.2017.05.09.GENERAL
Product & Website Terms of Service
Secure Home Platform
McAfee Secure Home Platform

Welcome to the McAfee Secure Home Platform! These Terms of Service (“Terms”) affect your legal rights, so please read them carefully. These Terms apply to your access and use of a home wireless network (the “Home Network”) that is protected by McAfee Secure Home Platform (“Platform”). If you will be managing the settings of the Home Network through the Secure Home Platform mobile application (the “App”), then these Terms also apply to you (“Home Network Administrator”) and your use of the App. You may access the Home Network from your personal computer, tablet, mobile device or other Internet-capable device (“your Device”).  In order to access and use the Home Network and/or the App, you must agree to these Terms. The Platform and the App are provided by the applicable McAfee legal entity identified in Section 17 (collectively, “McAfee”, “we”, “us”, or “our”).

 

By clicking “I accept”, or by accessing or using the Home Network and/or the App, you agree to be bound by these Terms and all terms incorporated by reference. We have included links to additional terms, such as our Privacy Notice which are important and together create this legal agreement that applies to you.  If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 12, you may not access or use the Home Network or the App.

 

McAfee reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by providing notice through the Home Network or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Home Network and/or App, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Home Network and/or App. If you do not agree to the revised Terms, you may not access or use the Home Network and/or App.

 

1.        SHARING OF DATA

 

You acknowledge that the Home Network Administrator may receive information about your use of the Home Network, including without limitation, your name, the type of Device you have, and the sites that you visit (for example, the Home Network Administrator may receive a notification if you visit a website that has parental control restrictions enabled). If you do not wish for the Home Network Administrator to receive this information, do not use the Home Network.

 

2.        PRIVACY

 

Our Privacy Notice is incorporated by reference into these Terms, and you understand that you are agreeing to the terms therein by accessing or using the Home Network and/or App. Please review the Privacy Notice for additional information about how we collect, use, and disclose information about you. The Privacy Notice applies solely to our use of information about you.  You acknowledge that the policy does not govern the Home Network Administrator’s use of any information about you that the Home Network Administrator receives, or any use of your information by any Internet Service Provider or other third party. 

 

3.        ADDITIONAL PROVISIONS REGARDING THE APP

 

Use of the App is permitted only by the Home Network Administrator. If you are not the Home Network Administrator, you have no right to use the App. If you are the Home Network Administrator, in order to use the App, you will need to register for a Platform user account (“Account”) through the App. By creating an Account, you agree to (i) provide accurate, current and complete Account information, (ii) maintain and promptly update, as necessary, your Account information, and (iii) maintain the security of your Account credentials. You agree that we can rely on the instructions of the person that establishes the Account related to your Home Network.  You are not permitted to let other individuals use your Account credentials. You understand that letting another individual control the Home Network through your Account may result in changes to your Platform configurations and permissions. You acknowledge that McAfee has no responsibility to you with respect to the actions of such parties. As such, you are solely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account.

 

4.        UNLAWFUL AND PROHIBITED USE

 

As a specific condition of your access to the Home Network, you explicitly agree not to use the Home Network for any purpose that is unlawful or prohibited by these Terms. You agree: (i) not to violate any applicable law, contract, intellectual property or other third-party right or commit a tort; (ii) not to engage in any harassing, threatening, intimidating, predatory or stalking conduct; not to use the Home Network in any way that could damage, disable, overburden, or impair the Home Network, or interfere with anyone else's use of the Home Network, (iii) not to attempt to gain unauthorized access to the Platform or the App, through hacking, password mining or any other means, (iv) not to attempt to reverse engineer any portion of the Platform or the App, or attempt to infringe the intellectual property rights of others in any way, (v) not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Home Network or App, (vi) to act responsibly and not use the Home Network or App for any fraudulent, unlawful, harassing, abusive, illegal, or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. You further acknowledge and agree that a violation of these Terms may result in a denial of access to the Home Network and App without notice and may subject you to administrative penalty and/or criminal liability.

 

Additionally, if you are a Home Network Administrator, you agree that you will not permit anyone else to access or use your Account.

 

5.        SECURITY WARNING

 

Wireless communications, including those sent over the Home Network, are not secure communications. McAfee is not responsible for the privacy of activity using the Home Network. For security purposes, activity on the Home Network may be monitored, but there is no obligation on McAfee to do so or to take any action even if it does.

 

6.        AVAILABILITY OF THE PLATFORM; AUTOMATIC UPDATES

 

Availability of the Platform. While we aim for the Platform to be highly reliable and available, you acknowledge that it may not be available 100% of the time. The Platform is subject to sporadic interruptions and failures for a variety of reasons beyond our control, including router failure, Wi-Fi intermittency, service provider or your mobile carrier uptime, viruses, bugs or other issues present in your router equipment, computer or other devices connected to your Home Network, and your App configurations, among others. You acknowledge these limitations and agree that McAfee is not responsible for any damages allegedly caused by the failure or delay of the Platform. Additionally, you are solely responsible for any fees charged directly by such third parties in connection with your use of the Platform and for your compliance with all applicable agreements and policies provided by such third parties.

 

Automatic Updates. We may from time to time develop updates, patches, bug fixes, and other modifications to the Software (“Updates”) at no cost to you. Updates may be automatically installed without providing any additional notice or receiving any additional consent from you. By accessing or using the Software, you consent to automatic Updates. You further acknowledge that you may be required to install Updates to use the Software, and to promptly install any Update we provide.

 

7.        PROPRIETARY RIGHTS

 

McAfee Property. You acknowledge that all of the intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets in the Platform and the App (and in the underlying technology) are owned by McAfee, its affiliates or its licensors. All rights not expressly licensed are reserved.

 

Feedback. You may choose to, or we may invite you to submit, comments, ideas, suggestions, or concerns about the Platform and the App (collectively, “Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction, and will not place McAfee under any fiduciary or other obligation. You acknowledge that McAfee may use, copy, modify, publish, or redistribute your submissions for any purpose without any compensation to you. You further agree that McAfee does not waive any rights to use similar or related ideas previously known to McAfee, whether developed by its employees or obtained from other sources. 

 

8.        LIMITED LICENSE

 

We are pleased to grant you a nonexclusive, revocable, non-assignable, non-sublicensable, limited license to use the Platform and the App for personal use only and in accordance with these Terms and all applicable laws and regulations. The Platform is intended to be used only on the router on which it is pre-installed, and the App is intended to be used only on a supported mobile device owned by you.  Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, copyright, trademark, or other proprietary right of McAfee or any third party, whether by estoppel, implication or otherwise. This license is nontransferable and is revocable by us in the event you violate this Agreement.  Upon any termination of this license, you must immediately cease all use of the Platform and App. 

 

9.        LIMITED WARRANTY; DISCLAIMERS

 

Except for the limited warranty below, McAfee disclaims any and all other warranties, and any and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions on or from the Home Network or App, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links on the Home Network or App, including but not limited to any errors in or omissions contained therein, (c) the unavailability of the Home Network or App, (d) your use of the Home Network or App, (e) your use of any equipment or software in connection with the Home Network or App, or (f) information you might access or encounter or any activity that results from your access, encounter or activity on the internet.

 

Any dealings with any third parties (including advertisers and/or sponsors) appearing on the Home Network, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and those third parties. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. McAfee does not assume any responsibility or liability for the actions, products, or website contents of any third parties. You should carefully review their privacy statements and other conditions of use.

 

The Platform, Home Network, and App are provided on an “as is” and “as available” basis without warranties of any kind. McAfee makes no warranties or representations, and expressly disclaims any and all warranties, including but not limited to the implied warranties of design, merchantability, fitness for a particular purpose, and title, any warranties arising from a course of dealing, usage, or trade practice, and any warranties of non-infringement of any third party's patent(s), trade secret(s), copyright(s) or other intellectual property rights. McAfee will not be liable for any damages (including direct, indirect, incidental, consequential, special or punitive). McAfee does not warrant that the operation of the Home Network or App will be uninterrupted or error-free. No oral or written information given by McAfee or an authorized representative of McAfee shall create any warranty.

 

In addition, McAfee does not represent or warrant that the Platform, Home Network, and App are accurate, complete, reliable, current or error-free, or that the content or websites that you or users of your Home Network request, receive, or visit will be safe, legal, acceptable, or appropriate for a particular age. You acknowledge that any age-based filtering based on your App configurations may not be 100% accurate, and that McAfee is not responsible in the event that certain content on your Home Network is not appropriately filtered according to your configurations. While McAfee attempts to make your access to and use of the Platform, Home Network, and App safe, we cannot and do not represent or warrant that the Platform, Home Network, or App, or our servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Platform, Home Network, and App.

 

You acknowledge that some security breaches involve attacks on data. For example, there are viruses and other malware that: (i) delete or destroy your data (sometimes individual files, but sometimes even an entire disk by corrupting a master boot record or other key element); (ii) modify your files (such as parasitic malware that attaches itself to a file and modifies the file to enable its own execution and/or propagation); and (iii) encrypt files on your drive (such as ransomware that uses asymmetric encryption). The best way for you to protect yourself from these types of attacks is frequent back-ups of your data to another device/location. That way, you have another copy of the data in the event that the attacking software has deleted, modified, or destroyed the data. It is your sole and exclusive responsibility to back-up all data and files on your device so that they can be restored in the event of an attack on your data. Without such a back-up, it may not be possible to restore the deleted/destroyed/modified data. McAfee is not liable for loss of or recovery of data, or for files or loss of use of systems or networks arising from attacks on data.

 

Limited Warranty. We warrant that the Platform will perform substantially in accordance with the product description provided at McAfee.com. If you are dissatisfied with any portion of the Platform or the App, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Home Network.

 

10.     LIMITATION OF LIABILITY

 

Under no circumstances are we or our suppliers, licensors or other third-party service providers liable to you for any: (a) indirect, special, incidental, or consequential damages; (b) theft of personally identifiable information or cost of procuring substitute services, and (c) damages for loss of profits, loss of goodwill, loss of personnel salaries, work stoppage, computer failure or malfunction, loss of data, or negligence of any kind, or for any other nondirect damage or loss.  In no event will our, our affiliates’ or our suppliers’, licensors’ or other third-party service providers’ aggregate liability to you for direct damages under these terms exceed the greater of (i) the price you paid for the Platform service, or (ii) if you have not paid McAfee for the use of any services, $100.00 USD (one-hundred U.S. dollars).  Nothing in these Terms limits any rights you may have under existing consumer-protection statutes or other applicable laws that may not be waived by contract in your jurisdiction.

 

11.     INDEMNIFICATION

 

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold McAfee and its past, present, and future employees, officers, directors, contractors, equity holders, parent companies, subsidiaries, affiliates, licensors and suppliers (collectively, the “McAfee Parties”) harmless from any damages, liabilities, claims, demands, awards, judgments, losses, fees, expenses, and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or in equity, whether in tort, contract, or otherwise (collectively, “Claims”) made by any third party due to or arising out of (i) any misuse by you or anyone you authorize to use the Home Network, your Account, or the App; (ii) your violation of these Terms or any other applicable terms, policies, warnings, or instructions provided by McAfee or a third party in relation to the Home Network or App; (iii) any Feedback you provide; or (iv) your violation of any law or the rights of a third party. You agree to promptly notify McAfee of any third party Claims, cooperate with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that McAfee Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and McAfee.

 

12.     BINDING ARBITRATION AND CLASS ACTION WAIVER

 

Agreement to Arbitrate Disputes. Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or us against the other arising from, relating to or in any way concerning the Terms, the Home Network, the App, or any other services you receive from us (or from any advertising for any such products or services) shall, at the demand of either party, be resolved by confidential binding arbitration.  This agreement to arbitrate also includes: (i) claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) Claims by you, and also Claims made on your behalf or connected to you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy; (iii) Claims that relate directly to us, and/or to our parent, affiliates, successors, assignees, employees, and agents; and (iv)  Claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis.  You and we agree that no class action, consolidated action, private attorney general or other representative claims may be pursued in arbitration, nor may such actions be pursued in court.  By accepting this arbitration agreement, you agree to waive the right to initiate or participate in a class action, representative action, private attorney general action or consolidated arbitration in any matter encompassed by this arbitration provision.

 

Notice of Dispute. The party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating arbitration.  Notice should be sent to McAfee, 5000 Headquarters Drive, Plano, TX 75024, Attention: Legal Department.  The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested.  You and McAfee will attempt to resolve any dispute through informal negotiation within 60 days from the date of the Notice of Dispute is sent.  After 60 days, you or we may commence arbitration.

 

Administration of Arbitration. If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either party, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law.  You are giving up the right to litigate (or participate as a party or class member in) all disputes in court before a judge or jury.  Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding shall be confidential.  The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience, or a retired or former judge selected in accordance with the rules of the AAA.  The arbitrator is bound by the terms of this Agreement, and the arbitration shall be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (the “Arbitration Rules”).  For more information, see adr.org or call 1-800-778-7879. 

 

All arbitration proceedings shall be conducted in English, and the United States FAA shall govern the interpretation, enforcement, and proceedings pursuant to the binding arbitration clause in these Terms.  The award shall be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law.  You and we further agree that a judgment may be entered upon the award by any court having jurisdiction.  The arbitration award shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other dispute.

 

Costs. The party initiating the arbitration shall pay the initial filing fee.  If you file the arbitration and an award is rendered in your favor, we will reimburse your filing fee.  We will pay the fees and costs for the first day of any hearing.  All other fees and costs will be allocated in accordance with the arbitration rules.  However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so.  Each party shall bear the expense of their respective attorneys, experts, witnesses, and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

 

Right to Resort to Provisional Remedies Preserved. Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies.

 

Conflicting Terms. In the event of a conflict between the Arbitration Rules and this arbitration agreement, this arbitration agreement shall govern.  If any portion of this arbitration agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the arbitration agreement, provided, however, that (a) if the prohibition on classwide arbitration is deemed invalid, then this entire arbitration agreement shall be null and void; and (b) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration agreement shall be null and void as to such claims only.  This arbitration agreement shall survive the termination or cancellation of these Terms.  In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement shall control.

 

Waiver of Jury Trial. If for any reason a claim proceeds in court rather than through arbitration, you and McAfee agree that there will not be a jury trial.  You and McAfee unconditionally waive any right to trial by jury in any dispute that in any way relates to or arises out of these Terms or from any services you receive from us (or from any advertising for any such services).  In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.

 

13.     GOVERNING LAW

 

Except as provided in Section 18 below, these Terms, your access to and use of the Home Network, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Terms, including any disputes between you and McAfee, will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration.  If for any reason, the laws of the State of New York are found not to apply, then these Terms, the use of the Platform, the relationship of the parties, and any disputes arising out of, concerning, or relating to these Terms, including any disputes between you and McAfee, will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration.  The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to the Home Network.

 

14.     TERMINATION

 

These Terms will remain in full force and effect so long as you continue to access or use the Home Network and/or App, or until terminated in accordance with the provisions of these Terms. At any time, McAfee may (i) suspend or terminate your rights to access or use the Home Network and/or App, or (ii) terminate these Terms with respect to you if McAfee in good faith believes that you have used the Home Network or App in violation of these Terms, including any incorporated guidelines, terms or rules. Upon termination of these Terms, your right to use the Home Network and App will automatically terminate.

 

15.     SEVERABILITY

 

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

 

16.     ENTIRE AGREEMENT

 

These Terms constitute the entire agreement between you and McAfee relating to your access to and use of the Home Network and, if you are the Home Network Administrator, your access to and use of the App. The failure of McAfee to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

 

17.     LICENSING ENTITIES

 

The Platform is licensed to you by one of these legal entities:

 

(a)      McAfee, LLC., a Delaware corporation, with offices located at 2821 Mission College Blvd., Santa Clara, California 95054, USA, if the Platform is used in North America, Central America, South America, or the Caribbean;

 

(b)      McAfee Ireland Limited, with offices located at Building 2000 City Gate, Mahon, Cork, Ireland if the Platform is used in Europe, the Middle East, Africa, Asia, or the Pacific Rim; or

 

(c)      McAfee Co., Ltd. with offices located at Shibuya Mark City West Building 12-1, Dougenzaka 1-Chome, Shibuya-ku, Tokyo 150-0043, Japan, if the Platform is used in Japan.

 

18.     LOCAL LAW

 

The subsections below contain information regarding the local laws of certain jurisdictions that will apply to this Agreement and may supersede certain provisions as referenced herein.

 

Australia – For consumers in Australia:

 

The benefits to you under the limited warranty in Section 9 of this Agreement are in addition to other rights and remedies of you may have under a law in relation to the goods or services to which the warranty relates. Our goods come with guarantees that cannot be excluded under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Australian Consumer Law”). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. This warranty is made by McAfee Ireland Limited, with offices located at Building 2000 City Gate, Mahon, Cork, Ireland, but you may call 1-800-998-887 with questions regarding our warranty for Australian customers. Any claims made under this warranty must be sent, at your expense, to the following address:

 

Legal Department
McAfee Australia Pty Ltd
Level 20
201 Miller Street
North Sydney NSW 2060

 

For customers located in Australia, if a tangible medium on which software was delivered is defective, you must return the defective medium to us at your expense, with a copy of your receipt, within 14 days of discovering the defect. We will notify you of receipt within 14 days of receiving it.

 

The disclaimers in Section 9 do not apply to you to the extent that Australian law does not allow the exclusion or limitation of any applicable statutory guarantees, express or implied warranties, conditions, representations or terms. In that case, the express or implied warranties are limited to the maximum extent permitted by applicable law.

 

The limitations on liability set forth in Section 10 do not apply to consumers in Australia.

 

Nothing in this agreement limits any rights you may have under existing consumer-protection statutes or other applicable laws, including Australian consumer law, that may not be waived by contract in your jurisdiction.

 

Canada – If you downloaded the App in Canada, unless expressly prohibited by local law, then these Terms, the use of the Home Network and App, the relationship of the parties, and any disputes arising out of, concerning, or relating to these Terms, including any disputes between you and us, will be governed by and construed in accordance with the laws in force in the Province of Ontario, Canada.

 

European Union, Iceland, Norway, or Switzerland – If you acquired the App in the European Union, Iceland, Norway, or Switzerland, then national law of the country where you downloaded the App applies.

 

Japan – If you downloaded the App in Japan, then these Terms, the use of the Home Network and App, the relationship of the parties, and any disputes arising out of, concerning, or relating to these Terms, including any disputes between you and us, will be governed by and construed in accordance with Japanese law without regard to its choice-of-law rules.

 

19.     ADDITIONAL TERMS FOR THE APP

 

NOTICE REGARDING APPLE

 

Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad:

 

You and McAfee acknowledge that these Terms are solely between you and McAfee, and not with Apple, Inc. ("Apple"), and that McAfee, not Apple, is solely responsible for the Software, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store ("App Store"). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Software ("Apple Usage Rules") as of the date you download the App. In the event of any conflict between the terms and conditions of the Apple Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Apple Usage Rules will govern if they are more restrictive.

 

Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Apple Usage Rules.

 

Maintenance and Support. McAfee is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

 

Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of McAfee. However, you understand and agree that, in accordance with these Terms, McAfee has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.

 

Product Claims. You and McAfee acknowledge and agree that as between Apple and McAfee, McAfee, not Apple, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

 

Intellectual Property Rights. You and McAfee acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, McAfee, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

 

Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Developer Name and Address. Any end-user questions, complaints or claims with respect to the App should be directed to: http://service.mcafee.com

 

Third Party Beneficiary. The parties acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third party beneficiary thereof. However, the right of McAfee to terminate, rescind, or make any change to these Terms is not subject to the consent of any other person.

 

20.     CONTACT US

 

Virus Removal & Techmaster Services
Virus Removal & Techmaster Services

Terms of Service – Virus Removal & TechMaster Services

 

Thank you for using Intel Security Virus Removal Service or TechMaster services (“Service or Services”), provided by McAfee, a wholly owned subsidiary of Intel Corporation, or one of our affiliates (“we” or “us”). This is a legal agreement between us—installing or accessing our software or using our Services means you are agreeing to these terms, so please read them carefully.

 

These Terms of Service (“Agreement”) cover your rights to use the Services, restrictions on that use, our right to automatically renew and charge you for any subscription services (“Subscription Services”), and your agreement to arbitrate any dispute that may arise between us.  We have included links to our Privacy Notice as well as system requirements and other limitations specific to your purchase that are available on our website by visiting the product description page or data sheet that corresponds to your purchase, all of which are incorporated by reference and together create this legal Agreement that applies to you. 

 

If you are accepting these terms on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind that person, company or legal entity to these terms.

 

If you are under the age of 18, you are not permitted to use the Service or provide your personal information to us without the consent of your parent or guardian who must first accept this Agreement and obtain the Service on your behalf.

 

  1. Accepting this Agreement and Modifications – By using our Services or clicking an acceptance button and/or installing any software, you agree unconditionally to be bound by this Agreement and acknowledge that it is enforceable as a written contract signed by you. If you do not unconditionally agree to all of these terms, do not use the Services or install, use or access our software. WE MAY MODIFY THIS AGREEMENT, INCLUDING THE CONFIDENTIAL ARBITRATION AND DISPUTE RESOLUTION PROVISION BELOW, FROM TIME TO TIME AT OUR SOLE DISCRETION FOR ANY REASON. For example, we may need to reflect changes in the law or updates in how the Services are provided. It is very important that you keep your account information current, including your email address and other contact information. If we make material changes to this Agreement, we will communicate the changes to you via the contact information you provided (or through other means) and give you an opportunity to review and accept or reject the updated Agreement as set out below.

     

    For paid subscriptions, you accept change(s) to this Agreement by renewing the subscription, and the change(s) will be effective upon the next renewal of your subscription. If you do not agree to the Agreement as amended, then you reject the Agreement by turning off auto renewal and ceasing all use of the Service. If you violate this Agreement, we may terminate your access to and use of Services.

     

    For free Services, you accept change(s) to this Agreement by continuing to use the free Services after the notice described in this section. If you reject the updated Agreement, your right to use the free Services is terminated and you must cease all access to and use of the free Services. If you violate this Agreement, we may terminate your access to and use of the free Services.

     

  2. Services Description – Our Services cover a wide range of technical support issues on specified PCs, tablets and mobile devices (“Device” or “Devices”).  During the applicable term, you are entitled to contact our support specialists (“Service Agent”) through telephone, chat, or remote computer access to obtain the specific type of Service you purchased (“Service Ticket”).  The Service Agent will undertake reasonable efforts to complete the Service during your interactive session.  You will have seven days after the session concludes to contact us for additional assistance for the same issue before we consider the Service Ticket fulfilled and closed.    Additional limitations may apply depending on the specific terms of the offer as set forth in Section 6.

     

  3. Specific Services and Non-Transferability – You may have purchased one or more of any of the following Services as described below:

     

    SERVICES DESCRIPTION OF SERVICE
    Virus Removal Service Our Service Agent assesses your Windows PC to determine whether it has been infected by malware, and uses commercially reasonable efforts to diagnose and remove any malware found.
    Tune-Up for PC Our Service Agent assesses the operational health of your computer, and takes steps to improve its efficiency. This may entail adjustments to system settings and the disabling or removal of unnecessary applications and system clutter.
    Set-Up & Optimize Our Set-Up & Optimize services offer remote, over the phone guidance in setting up your computer, smartphone or tablet. Get experienced help setting-up your home network, connecting the right peripheral devices, improving your PCs performance, or installing common software.
    Advanced Troubleshooting Our Advanced Troubleshooting services offer remote, over the phone help for troubleshooting and resolving computer problems or optimizing your PC performance.
    Concierge Gold A subscription that includes all the Services described above.
    Concierge Platinum A subscription that includes all the Services described above, as well as a one-year license for McAfee Total Protection and McAfee TechMate.

    The Services are not transferable. You may not sell, lease, license, rent, loan, resell or otherwise transfer, with or without consideration, the Services, without our written approval in advance. You may not permit third parties to benefit from the use or functionality of the Services via a timesharing, service bureau or other arrangement on behalf of any other third party or with respect to any hardware or software not personally owned by you. This Agreement shall apply to any other Services whether or not listed in the chart above, if there is no other applicable terms of service.

     

  4. System Requirements and Your Obligations – All hardware, software and system requirements for utilizing our Services are listed on our website on the PDP. To receive the Services, a high speed internet connection is highly recommended and may be required. Some Devices may not be able to receive the Services even if initial testing shows that your network connection is qualified, or that your Device type and/or operating system is supported.

     

    You agree that you are a legal license holder of the software on your Device and your use of the Services and the Internet is solely at your own risk. To receive the Services, you must agree to: (1) follow the procedures and fulfill the requirements we provide for the Services; (2) work with the Service Agent performing the routines they specify; (3) have full access to your Device and hardware that are the basis of the problem, (4) backup your Device content before your session begins; (5) be responsible for any loss, alterations or corruption of your data, software, or files; (6) ensure your Device meets all requirements and specifications required for each software application installed; (7) provide the Service Agent with required passwords and key codes; (8) ensure you have all legal rights, including copyrights for all software and other files on your Device; (9) assume responsibility for problem resolution due to third party hardware and software compatibility issues; and (10) indemnify us and our subcontractors from and against any and all liabilities, damages, claims, or proceedings arising out of your failure for not complying with the above items.

     

  5. Remote Access and Third Party Applications – In order to provide the Services, we may ask you to download and install certain tech support enablement software (“Support Tools”) that allows remote access to your Device. You authorize us to remotely access and take control of your Device using the Support Tools during any interactive sessions. If you do not authorize remote access, do not download the Support Tools. We may use third party Support Tools with additional licensing terms that apply. We will undertake reasonable efforts to remove the Support Tools after each session; however, the Support Tools may leave behind system report(s) and/or activity log file(s). In addition, for subscription services, we will install TechMate software on your Device, which performs tune-ups and other system performance improvements during the term of your subscription. This software will be deactivated upon the expiration of the subscription.

     

  6. Service Limitations – Services may be subject to any of the following limitations; refer to the applicable PDP, your purchase confirmation email or offer details for limitations specific to your purchase:

     

    • Language and geographic limitations;
    • System limitations;
    • Specific terms of the offer.
  7. Limited Redemption Period and Refund Rights – Your right to use any of the Services, as well as your rights to obtain a refund for any service not used, vary depending on the type of Service(s) purchased as specified on your purchase confirmation email. Note: Some states and jurisdictions do not allow for the limitation of refund rights as described in this clause so this clause many not apply to you. Furthermore, this clause does not affect any other applicable refund rights.

     

  8. Single Incident Services: Payment and Refunds – Single Incident services (“Single Incident Services”) shall be provided on a per-incident basis. The term “per-incident” means that the service will address a single issue or problem for a customer.   You agree that we may charge to your credit card or other valid payment mechanism requested by you and approved by us all amounts due and owing to us for any Single Incident Service. Unless otherwise agreed by us in writing, all payments for the Single Incident Services must be made at the time of purchase prior to receiving the Services from us.  Refunds are only available for paid, standalone purchases of Single Incident Services as follows:

     

    • For PC Tune-UP Incident Services, you are eligible for a refund within thirty (30) days of purchase in the event any of the following apply:

       

      1. Purchased the wrong service offering
      2. Service was not used
      3. Issue could not be resolved
      4. Service was not available
      5. Duplicate purchase or other error in purchase
    • For Single Incident Services such as VRS, your eligibility for a refund is subject to applicable redemption limitations as set forth on the PDP.   All Single Incident Services have a customer satisfaction 30-day money back guarantee.

       

    No refunds are offered for Services bundled with other software or included in a software suite.

     

  9. For Subscription Services: Automatic Renewal, Cancellation, and Refunds – For subscribers to Subscription Services: unless earlier terminated as set forth herein, this Agreement is effective for the subscription term you purchased and each subsequent term that you renew, unless terminated earlier or later as permitted below. If no term was specified, the default term is one year from the date you first acquired the subscription.

     

    IF YOU AGREE TO ALLOW US TO AUTOMATICALLY RENEW YOUR PAID SUBSCRIPTION, BEFORE YOUR TERM EXPIRES WE WILL SEND A NOTICE TO THE E-MAIL ADDRESS IDENTIFIED IN YOUR ACCOUNT PROFILE, INFORMING YOU OF THE UPCOMING RENEWAL. YOU WILL BE CHARGED THE UNDISCOUNTED SUBSCRIPTION PRICE AS LISTED ON OUR WEBSITE AT THE TIME OF RENEWAL, EXCLUDING ANY PROMOTIONAL OR DISCOUNT PRICING (“UNDISCOUNTED SUBSCRIPTION PRICE”). THIS PRICE MAY CHANGE DURING A SUBSCRIPTION TERM, AND MAY BE HIGHER THAN THE PRICE PAID FOR AN INITIAL SUBSCRIPTION OR MANUAL RENEWAL AND HIGHER THAN PROMOTIONAL OR DISCOUNTED PRICES THAT MAY BE AVAILABLE AS OF THE DATE OF AUTOMATIC RENEWAL. WE WILL SEND YOU VIA EMAIL A RECEIPT CONFIRMING THE RENEWAL DATE, PRICE, TERM AND ANY APPLICABLE TAXES. IF, AT THE TIME OF RENEWAL, THE SUBSCRIPTION SERVICES HAS BEEN RENAMED, UPGRADED OR REPLACED BY A NEW PRODUCT OFFERING WITH COMPARABLE FEATURES (“REPLACEMENT”), WE MAY, AT OUR DISCRETION, AUTOMATICALLY RENEW YOUR SUBSCRIPTION WITH THE REPLACEMENT FOR NO MORE THAN THE UNDISCOUNTED SUBSCRIPTION PRICE OF THE REPLACEMENT.

     

    UPON RENEWAL, THE NEW TERM WILL BE THE SAME LENGTH AS THE EXPIRED TERM UNLESS OTHERWISE SPECIFIED BY US AT THE TIME OF RENEWAL. FOR SUBSCRIPTIONS OF ONE YEAR OR MORE, THE RENEWAL AND YOUR PAYMENT WILL BE PROCESSED WITHIN 30 DAYS OF THE CURRENT TERM EXPIRATION DATE AND EACH ANNIVERSARY THEREAFTER. WE WILL INFORM YOU OF YOUR ACCOUNT STATUS AND ANY CHANGES TO THE TERMS AND CONDITIONS OF YOUR SUBSCRIPTION.

     

    TO CANCEL AUTO-RENEWAL AND AVOID FUTURE BILLING, YOU MUST, PRIOR TO THE EXPIRATION OF YOUR SUBSCRIPTION TERM, INFORM US OF YOUR INTENTION NOT TO RENEW YOUR SUBSCRIPTION TO THE SERVICE. IF YOUR SUBSCRIPTION IS AUTOMATICALLY RENEWED AND YOU REQUEST A REFUND OF THE SUBSCRIPTION PRICE, THE FOLLOWING TABLE DETAILS THE AMOUNT WHICH YOU MAY BE REFUNDED, AT OUR DISCRETION.

     

    Refunds on Subscription Services: Refunds on Subscription Services are permitted as follows subject to any additional limitations set out on the corresponding PDP:

     

    Product 0 incidents,
    0-3 Months
    0 incidents,
    4-6 Months
    0 incidents,
    6-9 Months
    0 incidents,
    >9 Months
    1 incident used 2 incident used More than 2
    Concierge Gold 100% 80% 70% 30% 65% 35% 0%
    Concierge Platinum 100% 75% 65% 25% 60% 20% 0%

     

    Payment Processing, Account Updates and Cancellation: You agree that we may charge the credit or debit card account or other payment device you provided for all amounts you owe under this agreement, including any renewals.  You agree to notify us promptly of any change in your card account or expiration date or other payment information. Changes to such information can be made at https://techmaster.mcafee.com or by calling us at 1-877-232-9911.  For credit and debit cards, you understand and agree that we also update such information through your card issuer and the relevant card network and we may use the updated card information to charge amounts you owe us.  Unless you cancel your subscription, this will serve as your consent for your card or payment device to be charged.  You may cancel your subscription to avoid being billed, if applicable by reaching out to the McAfee TechMaster team at 1-877-232-9911. If you are receiving our software as part of a bundled package with TechMaster Services, you may manage your software account with us at https://home.mcafee.com/Secure/Protected/Login.aspx. For Service packages including McAfee Online Backup, we will not continue to store your data for any duration beyond the renewal or termination date. It is your responsibility to ensure that you have stored your data elsewhere prior to cancelling or terminating the Service.  We have no obligation to provide you with a copy of your data and may remove and discard any data.

     

  10. Privacy – We care deeply about your privacy and security and your online safety is a significant part of our essential mission. In order to provide Services to you, we may collect and process personal and machine data, including sensitive information (e.g., biometrics, health related data, financial/billing information, and geo-location) in accordance with our Privacy Notice or applicable licensing agreement. We may transfer and process such data in the United States and other countries where we or our service providers have facilities.  You agree that any use of software in connection with us providing you Services, and any collection, processing, or sharing of information through the software is governed by our Privacy Notice in effect at the time of your use.

     

    We will periodically send you communications from the Intel family of companies related to our software or Services (including email, SMS/text, and in-product messaging) to keep you informed about important information related to your account, subscription, or Services you are entitled to receive.  With your permission (implied or express), we will also send you commercial messages such as special offers, promotions, contests/sweepstakes, and events from us and selected third parties. You can unsubscribe from these commercial messages at any time.

     

  11. Binding Arbitration and Class Action Waiver

     

    Agreement to Arbitrate Disputes: Any claim, dispute or controversy (“Claim”) by either you or us against the other arising from, relating to or in any way concerning the Agreement, the Services, or any equipment, products, or software you receive from us (or from any advertising for any such products or services) shall, at the demand of either party, be resolved by confidential binding arbitration.  This agreement to arbitrate also includes claims relating to the enforceability or interpretation of any of these arbitration provisions.  However, we will not demand arbitration pursuant to this Agreement in connection with any individual claim that you properly file and pursue in a small-claims court of your state or municipality, so long as the claim is pending only in that court and the claim is on an individual (non-class, non-representative) basis.

     

    This agreement to arbitrate includes all controversies and claims of any kind, regardless of the type of claim or legal theory or remedy (damages, injunctive relief, or declaratory relief).  The disputes subject to this arbitration agreement include not only claims by you, but also made on your behalf or connected with you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy. Disputes subject to this arbitration agreement include not only claims that relate directly to us, but also to our parent, affiliates, successors, assignees, employees, and agents.  This agreement to arbitrate includes claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis.  YOU AND WE AGREE THAT NO CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE CLAIMS MAY BE PURSUED IN ARBITRATION, NOR MAY SUCH ACTION BE PURSUED IN COURT, IF EITHER YOU OR WE ELECT ARBITRATION, BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR CONSOLIDATED ARBITRATION IN ANY MATTER ENCOMPASSED BY THIS ARBITRATION PROVISION.

     

    Notice of Dispute: If either party intends to seek arbitration, the party seeking arbitration must first notify the other party of the dispute in writing (“Notice of Dispute”) at least 30 days in advance of initiating arbitration.  Notice should be sent to McAfee, Inc., 5000 Headquarters Drive, Plano, TX 75024, Attention: Legal Department.  The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested.  The parties will attempt to resolve any dispute through informal negotiation within 60 days from the date of the Notice of Dispute is sent.  After 60 days, either party may commence arbitration.

     

    Administration of Arbitration: If the dispute is not resolved by informal negotiation or in small claims court, any claim, dispute, or controversy will be conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law.  YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.  Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding shall be confidential.  The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten (10) years’ experience or a retired or former judge selected in accordance with the rules of the American Arbitration Association (“AAA”).  The arbitrator is bound by the terms of this Agreement, and the arbitration shall be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (the “Arbitration Rules”).  For more information, see adr.org or call 1-800-778-7879. 

     

    Except with respect to any claims or counterclaims seeking less than $25,000, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based.  All arbitration proceedings shall be conducted in English, and the United States FAA shall apply to the Agreement and the binding arbitration.  The award shall be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law.

     

    Where authorized by applicable law, the arbitrator’s award may include attorneys’ fees and other expenses.  The arbitration award shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other dispute.

     

    Costs: The party initiating the arbitration shall pay the initial filing fee.  If you are an individual consumer and you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee.  If there is a hearing, we will pay the fees and costs for the first day of that hearing.  All other fees and costs will be allocated in accordance with the arbitration rules.  However, we will advance or reimburse filing and other fees if you are an individual consumer and the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so.  Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

     

    Right to Resort to Provisional Remedies Preserved: Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies.

     

    Conflicting Terms: In the event of a conflict between the Arbitration Rules and this arbitration agreement, this arbitration agreement shall govern.

     

    If any portion of this arbitration agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the arbitration agreement; provided, however, that (a) if the prohibition on classwide arbitration is deemed invalid, then this entire arbitration agreement shall be null and void; and (b) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration agreement shall be null and void as to such claims only.  This arbitration agreement shall survive the termination or cancellation of this Agreement.  In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement shall control.

     

    WAIVER OF JURY TRIAL: IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, EACH PARTY AGREES THAT THERE WILL NOT BE A JURY TRIAL.  EACH PARTY UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THE AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES).  IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

     

    Limited Warranties, Commercially Reasonable Effort, and Disclaimer of Other Warranties – We will exercise commercially reasonable efforts to troubleshoot or fix your Personal Computer problem within the scope of the offered Services BUT WE DO NOT GUARANTEE THAT THE SERVICES WILL SUCCESSFULLY ADDRESS YOUR ISSUE. If we are unable to resolve your Personal Computer problem, you will still be liable for charges for time spent by our Service Agent in an attempt to correct a problem.  IF WE REFER YOU TO A THIRD PARTY, IN THE EVENT WE ARE UNSUCESSFUL IN ADDRESSING YOUR ISSUE, WE ARE NOT RESPONSIBLE FOR ANY ACTIONS OR OMISSIONS OF THE THIRD PARTY.  THE ABOVE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES. THEY REPLACE ALL OTHER WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, PERFORMANCE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY IN THIS SECTION, THE SERVICE IS PROVIDED AS IS. YOU ARE RESPONSIBLE FOR SELECTING THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS, FOR INSTALLING AND USING THE SERVICE, AND FOR THE RESULTS OBTAINED. WE DO NOT WARRANT OR GUARANTEE THE SERVICE’S USE OR PERFORMANCE. WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE’S OPERATION WILL BE FAILSAFE, UNINTERRUPTED, OR FREE FROM ERRORS OR DEFECTS, OR THAT THE SERVICE WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS (INCLUDING INTENTIONAL MISCONDUCT BY THIRD PARTIES), THAT THERE WILL BE NO MALFUNCTIONS OR OTHER ERRORS IN THE SERVICE CAUSED BY VIRUS, INFECTION, WORM OR SIMILAR MALICIOUS CODE NOT INTRODUCED OR DEVELOPED BY US, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WE ARE NOT LIABLE FOR ANY DOWNTIME OR SERVICE INTERRUPTION, FOR ANY LOST OR STOLEN DATA OR SYSTEMS, OR FOR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO ANY ACTIONS OR INTRUSIONS.

     

    The Service and any software used in connection with it is not fault-tolerant and is not designed or intended for high-risk activities such as use in hazardous environments requiring failsafe performance, including nuclear-facilities operations, air traffic communication systems, weapons systems, direct life-support machines, or any other application in which the failure of the software could lead directly to death, personal injury, or severe physical or property damage. We expressly disclaim any express or implied warranty of fitness for high-risk activities.

     

  12. Contracting Entities – The Services are offered to you by one of these McAfee legal entities depending on the location in which you access the Services:

     

    • McAfee, Inc., a Delaware corporation, with offices located at 2821 Mission College Blvd., Santa Clara, California 95054, USA, if the Services are provided in the United States, Canada, Mexico, Central America, South America, or the Caribbean;
    • McAfee Ireland Limited, with offices located at Building 2000 City Gate, Mahon, Cork, Ireland if the Services are provided in Europe, the Middle East, Africa, Asia, or the Pacific Rim; or
    • McAfee Co., Ltd. with offices located at Shibuya Mark City West Building 12-1, Dougenzaka 1-Chome, Shibuya-ku, Tokyo 150-0043, Japan, if the Services are provided in Japan.
  13. Limitation of Liability – NO LIABILITY FOR NONDIRECT DAMAGES. UNDER NO CIRCUMSTANCES ARE WE OR OUR SUPPLIERS, LICENSORS OR OTHER THIRD-PARTY SERVICE PROVIDERS LIABLE TO YOU FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (B) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, AND (C) DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR NEGLIGENCE OF ANY KIND, OR FOR ANY OTHER NONDIRECT DAMAGE OR LOSS. IN NO EVENT WILL OUR, OUR AFFILIATES’ OR OUR SUPPLIERS’, LICENSORS’ OR OTHER THIRD-PARTY SERVICE PROVIDERS’ AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SERVICE, OR US$ 100 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY) IF YOU USED FREE SERVICE. You agree to the limitations of liability in this Section and acknowledge that without your agreement to this term, the fee charged for the Service would be higher. Nothing in this Agreement limits any rights you may have under existing consumer-protection statutes or other applicable laws that may not be waived by contract in your jurisdiction.

     

  14. General

     

    1. Governing Law. Except as provided in Section 13(m) below, this Agreement, the use of the Services, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration.  If for any reason, the laws of the State of Texas are found not to apply, then this Agreement, the use of the Services, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration.  The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to the Services and associated software.

       

    2. Ownership. The Services are protected by United States’ and other copyright laws, international treaty provisions and other applicable laws in the country in which it is being used. We, along with our suppliers and partners, own and retain all right, title and interest in and to the Services, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your use of the Services does not transfer to you any title to the intellectual property in the Services, and you will not acquire any rights to the Services except as expressly set forth in this Agreement.

       

    3. Force Majeure. We shall not be responsible for any failure to perform under these Terms of Service due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, we may be excused from such performance to the extent it is delayed or prevented by such cause.

       

    4. No Waiver – We do not waive any provision of this Agreement unless we waive it in a signed writing.

       

    5. Severability – If any part of this Agreement is for any reason held to be unenforceable, that part is, to that extent, deemed omitted, and the rest of it remains fully enforceable; PROVIDED HOWEVER, THAT THE ARBITRATION AGREEMENT SHALL NOT APPLY TO ANY CLAIMS AS TO WHICH THE LIMITATIONS ON CLASS ACTIONS OR CONSOLIDATED ARBITRATION ARE NOT PERMITTED BY APPLICABLE LAW.

       

    6. Export Controls. You acknowledge that any software that may be provided with the Services shall be is subject to the export control laws and regulations of the United States (“U.S.”), and any amendments thereof. You shall not export or re-export such software, directly or indirectly, to (i) any countries that are subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, Libya, North Korea, Sudan, and Syria); (ii) any end user known, or having reason to be known, will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the US government. You further acknowledge that such software may include technical data subject to export and re-export restrictions imposed by U.S. law.

       

    7. Entire Agreement. Notwithstanding any of the foregoing, nothing in the terms will derogate from any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction. The terms, including the Privacy Notice which is incorporated into this Agreement are the entire agreement between the parties relating to the Services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties, provided however that between any corresponding Product Description Page and this Agreement, the Product Description Page controls. The terms shall terminate immediately upon your breach of any term contained herein and you shall cease use of the Services. The disclaimers of warranties and damages and limitations on liability set forth in the terms shall survive termination.

       

    8. Time to Bring Action. Except for actions for non-payment or breach of our proprietary rights in the software and documentation or Services, no action, regardless of form, arising out of this Agreement may be brought by either party more than two (2) years after a party knew or should have known of the claim.

       

    9. Survival. Any terms of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.

       

    10. Notice. All notices, requests, demands and determinations for Us under this Agreement (other than routine operational communications) shall be sent to: McAfee, Inc., 5000 Headquarters Drive, Plano, TX 75024, Attention: Legal Department.

       

    11. Language. To the extent any translated version of this Agreement conflicts with the English version, the English version controls

       

    12. Contact Intel Security/McAfee. If you have any questions concerning these terms and conditions, or if you would like to contact us for any other reason, please call (408) 992-8599 or (866) 622-3911, FAX to (972) 963-7001, or write: McAfee, Inc., Attention: Customer Service, 5000 Headquarters Drive, Plano, TX 75024, or e-mail to the address applicable to your region, found under ‘Contact Us’ at https://www.mcafee.com/us/about-us.aspx. Alternatively, you may contact your local McAfee entity at the number listed at https://www.mcafee.com/us/about-us.aspx.

       

    13. Local Law. The subsections below establishes the governing law and venue if you use the Services in a jurisdiction other than the United States. In such event, this Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of New York, if you purchased the Service in Mexico, Central America, South America or the Caribbean, (b) in the Republic of Ireland, if you purchased the Service in Canada, Europe, Middle East, Africa, Asia (other than Japan) or the region commonly referred to as Oceania and (c) in Japan, if you purchased the Service in Japan. If you purchased the Service in any other country, then the substantive laws of the Republic of Ireland shall apply, unless another local law is required to be applied. This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The Uniform Computer Information Transactions Act as enacted shall not apply, The United States District Court for the Southern District of New York, when New York law applies, the courts of the Republic of Ireland, when the law of Ireland applies, the courts of Japan when Japanese law applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement.

Website Terms of Service
McAfee Website Terms of Service

1. Introduction and Scope

 

This document is an agreement between You and McAfee, LLC and its subsidiaries (“McAfee,” “our,” “we” or “us”). You acknowledge and agree that by accessing or using this website or other websites or webpages owned and operated by McAfee or its subsidiaries, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply. These Terms of Service govern your access to and use of McAfee.com and other websites or webpages owned and operated by McAfee or its subsidiaries (the “McAfee Sites”), including any content functionality and services offered on or through the McAfee Sites. If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use the McAfee Sites.

 

Please consult our [Legal Landing Page] for more information regarding our [Privacy Notice], [DMCA Copyright Policy], [Refund Policy], [Terms of Sale], [Anti-Piracy Policy], [Trademark Guidelines], [Virus Protection Pledge] and other valuable information (the “Policies”). All of these policies are incorporated into these Terms of Service by reference.

 

2. Change to the Terms of Service

 

McAfee may revise these Terms of Service at any time without giving notice. All revisions are effective immediately when posted, and apply to any access to and use of the McAfee Sites thereafter. Your continued use of the McAfee Sites following the posting of changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to any changes made to these Terms of Service, you may not access or use the McAfee Sites.

 

3. Accessing the McAfee Sites and Account Security

 

We reserve the right to withdraw or amend any of the McAfee Sites, and any service or material we provide on the McAfee Sites, at our sole discretion without notice. We will not be liable if for any reason all or any part of the McAfee Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the McAfee Sites, or all of the McAfee Sites, to users, including registered users.

 

You are responsible for:

  • Making all arrangements necessary for you to have access to the McAfee Sites.
  • Ensuring that all persons who access the McAfee Sites through your internet connection are aware of these Terms of Service and comply with them.

 

To access the McAfee Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the McAfee Sites that all the information you provide on the McAfee Sites is correct, current and complete. You agree that all information you provide to register with the McAfee Sites or otherwise, including but not limited to through the use of any interactive features on the McAfee Sites, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, 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 is personal to you and agree not to provide any other person with access to the McAfee Sites or portions of them using your user name, password or other security information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

You agree that you are entirely responsible for the security of your password and for all aspects of keeping your account secure. Furthermore, you are entirely responsible for any and all activities that occur on your account. 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. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you can be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.

 

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 these Terms of Service. Additionally, we reserve the right to determine if you have violated these Terms of Service, and to take any other action we deem appropriate, including termination or suspension of your access to and use of the McAfee Sites.

 

4. Intellectual Property Rights

 

All content, features and functionality on the McAfee Sites, including, but not limited to, Marks (defined below), designs, text, graphics, sounds, images, videos, software, and other McAfee Site materials are the intellectual property of McAfee, one of its affiliates, its licensors or other providers of such material, and (i) are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and (ii) except as stated herein, may not be modified, copied, displayed, transmitted, published, reproduced or distributed in any form without our prior written permission. If you wish to make any use of material on the McAfee Sites prohibited by this section, you may request permission by writing to: media@mcafee.com

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the McAfee Sites in breach of these Terms of Service, your right to use the McAfee Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the McAfee Sites or any content on the McAfee Sites, except for the nonexclusive, limited license expressly granted to you, is transferred to you, and all rights not expressly granted are reserved by McAfee. Any use of the McAfee Sites not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.

 

Provided that you comply with these terms, McAfee grants to you a nonexclusive, limited license to access and use the McAfee Sites as a current or potential customer, vendor, or business partner of McAfee or for non-commercial purposes. You may not use the McAfee Sites for any other purpose. We reserve all rights not expressly granted herein.

 

5. Trademarks and Brands

 

McAfee, the McAfee logo, and all related names, logos, product and service names, designs and slogans (“Marks”) are the exclusive and valuable property of McAfee or its subsidiaries. The Marks can only be reproduced or displayed with our specific prior written permission, and only in accordance with [McAfee Trademark Policy and Guidelines.]

 

6. Limited Copyright Permission

 

Subject to the terms of an applicable software or service license or other written agreement, McAfee grants you permission under its copyrights to display, copy, or download materials from the McAfee Sites for personal, non-commercial and informational use only, provided that You DO NOT:

  • Modify the Materials;
  • Remove or alter any copyright or other proprietary notices contained in the Materials;
  • Frame or utilize framing techniques, to display the Materials at a domain not owned by McAfee; or
  • Use any McAfee-owned mark or product name as a meta-tag or other “hidden text” for search engines in a manner that does not inure benefit to McAfee.

 

7. Translations

 

Where McAfee has provided a translation of the English-language version of a McAfee Site, these Terms of Service, or other materials, you agree that:

  • The translations are only for your convenience;
  • The English-language version governs your use of the materials provided by McAfee; and
  • The English-language version shall take precedence in the event of a conflict between the English-language version and the translated version (except as prohibited by local law).

 

8. Errors

 

The McAfee Sites may contain typographical, technical inaccuracies or other content errors. We do not warrant the accuracy of any information posted on the McAfee Sites. You should use only the current McAfee Sites dedicated to your country or geographic region and also confirm the accuracy and completeness of information through sources other than the McAfee Sites before making decisions relating to products, services or other matters made available through the McAfee Sites. We disclaim all liability and responsibility arising from any reliance placed on information posted on the McAfee Sites by you or any other visitor to the McAfee Sites, or by anyone who may be informed of any of its contents.

 

9. User Contributions 

 

The McAfee Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the McAfee Sites.

 

All User Contributions must comply with the Content Standards set out in these Terms of Service.

 

Any User Contribution you post to the McAfee Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the McAfee Sites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

 

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Service.

 

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not McAfee, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the McAfee Sites.

 

We reserve the right to:

 

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms of Service, including the Content Standard, infringes any intellectual property right or other right of an person or entity, threatens the personal safety of users of the McAfee Sites or the public or could create liability for McAfee.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the McAfee Sites.
  • Terminate or suspend your access to all or part of the McAfee Sites for any or no reason, including without limitation, any violation of these Terms of Service.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the McAfee Sites. YOU WAIVE AND HOLD HARMLESS MCAFEE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MCAFEE OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MCAFEE OR ANY OF THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

We do not undertake to review material before it is posted on the McAfee Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

 

10. Content Standards

 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

 

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Notice.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

11. User Information; Copyright Infringement

 

If you elect to submit any information, including any confidential or proprietary information, other than credit card information, through the McAfee Sites, it will be deemed and treated by McAfee as NON-CONFIDENTIAL. Other than credit card information, if you submit any information to McAfee through the McAfee Sites, you hereby grant us a royalty-free, perpetual, worldwide, irrevocable, non-exclusive license (including a waiver of any moral rights) under your intellectual property rights to use, copy, modify, display, perform and distribute any such submitted information, and to incorporate any submitted information into other works in any form, media, or technology now known or later developed. We are not responsible for the accuracy of content on any area of the McAfee Sites where users may post or transmit information. McAfee’s Privacy Notice outlines the manner in which we (or others acting on our behalf) collect, use and share information about you in connection with your use of the McAfee Sites, and it is your responsibility to review our Privacy Notice prior to agreeing to these Terms of Service.

 

For any claims that any content on the McAfee Sites, including user submissions, infringe upon any third-party’s intellectual property rights or rights of publicity or privacy, please refer to our DMCA Copyright Policy for the proper notification procedure.

 

12. Information About You and Your Visits to the McAfee Sites

 

All information we collect on the McAfee Sites is subject to our Privacy Notice. By using the McAfee Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.

 

13. Additional Terms

 

The McAfee products and services offered on the McAfee Sites may be subject to additional terms and conditions. Additional licensing terms and conditions apply for software you download from the McAfee Sites (including software that is required for use of certain McAfee services), which are disclosed in an End-User License Agreement (“EULA”) that accompanies or is included with such software. Use of the software is governed by the terms of the EULA. Any software that is made available for download from the McAfee Sites or for which a fee is charged is the copyrighted work of McAfee or its suppliers. If you purchase McAfee products or services, you will be unable to install any software that is accompanied by or includes a EULA, unless you agree to the terms and conditions of such EULA. Any reproduction or redistribution of the software not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Unless indicated otherwise, if there is a conflict between these Terms of Service and the additional terms, the additional terms will govern.

 

14. Third-Party Content and Links

 

The McAfee Sites may display content provided by third parties and links to third-party web pages, including advertisements and solicitations to purchase their products or services. You acknowledge that we are not responsible for the third-party content. You also agree that we ARE NOT responsible or liable for any losses or damages you experience with any third-party content upon which you chose to rely or advertisements to which you respond, and that you must contact the third party directly for any remedies that may be available to you. We are not responsible for any transactions you may enter into with third parties, regardless of whether you discovered them or linked to them from the McAfee Sites. If you access a non-McAfee-owned or controlled website, even if it displays one of our Marks, it is independent from McAfee and we do not have any control of the content on that website. We also are not responsible or liable to you or any third party, for any inaccuracies or other issues with the content of any materials provided by any third parties.

 

15. Linking to the Website and Social Media Features

 

You may link to the McAfee Sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

 

The McAfee Sites may provide certain social media features that enable you to:

 

  • Link from your own or certain third-party websites to certain content on the McAfee Sites.
  • Send e-mails or other communications with certain content, or links to certain content, on the McAfee Sites.
  • Cause limited portions of content on the McAfee Sites to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

 

  • Establish a link from any website that is not owned by you.
  • Cause the McAfee Sites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the McAfee Sites other than the homepage of one of those sites.
  • Otherwise take any action with respect to the materials on the McAfee Sites that is inconsistent with any other provision of these Terms of Service.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our discretion.

 

16. Domain-Specific Terms

 

Additional terms that apply to certain domains owned by McAfee are described below. Please note that specific pages on those domains may have additional terms that are not described here.  

 

  • SiteAdvisor.com: SiteAdvisor is a software program and website that provides users with an opinion to guide users about certain risks that may be associated with a website. The SiteAdvisor software displays color-coded symbols next to links provided by major search engines, and the SiteAdvisor.com site has dossier pages to provide information on the factors that affect the site rating. The SiteAdvisor site ratings are primarily derived using automated methods; the software cannot detect or examine every possible aspect of website design, nor can it determine the intent of the site owner. McAfee does not control or assume responsibility for the content of the third-party sites, and some of the third-party sites may have content that you find objectionable, inappropriate, or offensive. THE SITEADVISOR SITE RATINGS ARE NOT A GUARANTEE OF ANY PARTICULAR SITE’S SPECIFIC PRACTICES OR TRUSTWORTHINESS, AND IN NO CASE DO THE SITEADVISOR SITE RATINGS REPRESENT AN ENDORSEMENT BY MCAFEE OF THE SITE’S CONTENT, GENERAL SUBJECT MATTER, OVERALL QUALITY, OR USEFULNESS.  
  • McAfeeSECURE.com: The McAfee SECURE service is a paid service for website owners that examines their websites for potential vulnerabilities on a daily basis, and, if no issues are found, enables the site to display a McAfee SECURE trustmark. The McAfeeSECURE.com domain has additional specific terms governing the McAfee SECURE service at this link: https://www.mcafeesecure.com/terms. - See more at: https://www.mcafee.com/consumer/en-us/legal.html#sthash.SzX6rJO9.dpuf

 

17. Regional Product Availability

 

The McAfee Sites may contain references to McAfee products and services that are not available in your country or region. McAfee may not intend to announce or make available such products and services in your geographical region. For the most accurate product and service availability, please use your country- or region-specific McAfee website.

 

18. Export Control Laws

 

Any software downloaded from the McAfee Sites is subject to applicable export laws and regulations. The export or reexport of software in violation of export control laws and regulations is strictly prohibited. By downloading, purchasing or using any software from the McAfee Sites, you acknowledge that you have read and understood this notice and agree to comply with all applicable export laws and regulations.

 

19. DISCLAIMER OF WARRANTY

 

YOUR USE OF THE MCAFEE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MCAFEE SITES IS AT YOUR OWN RISK. THE MCAFEE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MCAFEE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MCAFEE DISCLAIMS ANY WARRANTY THAT THE MCAFEE SITES, OR YOUR ACCESS TO THE MCAFEE SITES, WILL BE UNINTERRUPTED, SECURE, RELIABLE, TIMELY OR ERROR-FREE. MCAFEE DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE MCAFEE SITES. YOUR USE OF THE MCAFEE SITES, INCLUDING IF YOU DOWNLOAD OR OTHERWISE OBTAIN PRODUCTS, MATERIALS OR DATA THROUGH THE USE OF THE MCAFEE SITES, SERVICES, OR PRODUCTS, IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE MCAFEE SITES, SERVICES, OR PRODUCTS OR THE DOWNLOAD OF SUCH PRODUCT, MATERIAL OR DATA. IF THE JURISDICTION WHERE YOU ARE LOCATED LIMITS THE EXCLUSION OF WARRANTIES, THEN THE ABOVE EXCLUSIONS APPLY TO THE FULLEST EXTENT AVAILABLE UNDER THE LAW.

 

20. LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES IS MCAFEE, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, RELIANCE, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RELATED TO OR ARISING FROM THE MCAFEE SITES OR ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION, SERVICES OR PRODUCTS AVAILABLE ON THE MCAFEE SITES, INCLUDING WEBSITES LINKED TO OR ACCESSED FROM THE MCAFEE SITES AND ANY PRODUCTS DOWNLOADED FROM, OR SERVICES ACCESSED THROUGH THE MCAFEE SITES. THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY (EVEN IF MCAFEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT OF APPLICABLE LAW.

 

21. Indemnification

 

You agree to defend, indemnify and hold harmless McAfee, its affiliates, licensors 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 these Terms of Service or your use of the McAfee Sites, including, but not limited to, your User Contributions, any use of the McAfee Sites’ content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the McAfee sites.

 

22. Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE MCAFEE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

23. Governing Law

 

These Terms of Service and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Brussels or Lugano Conventions, or the Rome or Rome 1 Conventions.

 

24. Waiver and Severability

 

No waiver by McAfee of any term or condition set forth in these Terms of Service 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 of McAfee to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Service 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 Terms of Service will continue in full force and effect.

 

25. Entire Agreement

 

These Terms of Service, our Privacy Notice and other Policies incorporated by reference constitute the sole and entire agreement between you and McAfee with respect to the McAfee Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the McAfee Sites.

 

26. Force Majeure

 

Under no circumstances shall McAfee, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.

 

27. Comments and Concerns

 

The McAfee Sites are operated by McAfee, LLC.

 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

 

All other feedback, comments, requests for technical support and other communications relating to the McAfee Sites should be directed to: media@mcafee.com

 

LAST UPDATED: June 14, 2017

Refund Policy
McAfee Refund Policy 

What is the refund policy for McAfee products?

Document ID: TS102153

 

 

Summary

 

Intel Security Refund Policy

Intel Security offers a money-back guarantee on most McAfee-branded consumer products if you are not satisfied with your product for any reason. However, eligibility for a refund depends on a number of factors including, but not limited to, the type of product, subscription term, duration since purchase, where it was purchased, and so on.

Shipping, handling, and any applicable tax are not refundable except in certain states and countries where these items are refundable. If you receive a refund for your purchase, you are obligated to uninstall the software. In addition the license might, at Intel Security's sole discretion, be disabled to prevent further use.


Who is eligible

Annual subscribers to a McAfee Consumer or Small Business Security product that make a request within 30 days of a product purchase. Intel Security does not provide partial refunds. The 30-day money back guarantee is not available for monthly subscribers.

If you are an individual user, and have acquired the products or services covered under this program for your personal or small business use, you can cancel your purchase from Intel Security and obtain a refund within a set time frame from the original purchase. If the purchase is outside of the following time frames, the refund will be denied:

 

  • 30 days for Annual Subscription Services
  • 30 days for Retail Products

 

If your annual subscription has been automatically renewed, Intel Security will gladly provide you a full refund if your request is made within 60 days of being charged.

NOTE:  For users who purchased products from a retail store, see the instructions in TS102152.


Who is not eligible

Monthly subscribers—individual users who cancel their monthly membership will no longer be charged in the next month of their subscription.


Customers from the Netherlands
The above does not apply for Dutch customers; customers from the Netherlands are required to contact Customer Service for more details.

Use our Virtual Agent to help you determine if you are eligible
 

 

 

Virtual Agent

If you prefer guidance while resolving this issue, click here to see our guided steps: http://www5.nohold.net/McAfeeEndUser/login.aspx?pid=3&login=1&ruleid=184
NOTE: When you click the link above, a new window will open. Simply follow the prompts and, when you have completed the guided steps, close that window.

 

 

 

How to Contact Customer Service
Intel Security strives to deliver quality products, service, and support. If you are within the time frame for a refund and would like to request a refund, or you are from the Netherlands, contact one of our customer service representatives at our Customer Service Homepage: https://service.mcafee.com/ContactCustomerService.aspx?lc=1033&sg=CS&pt=1
 

 

Removal Instructions

In accordance with the license agreement, after you receive your refund you must delete all program files for the product that you return. For uninstall instructions, see the following articles:

 

Previous Document ID

CS40107

Trademark Policy & Guidelines
McAfee Trademark Policy & Guidelines

Piracy
McAfee Anti-Piracy Policy

Virus Protection Pledge
McAfee Virus Protection Pledge
McAfee Virus Protection Pledge

What is McAfee Virus Protection Pledge?

 

From the moment you subscribe, we’re here to help keep your devices virus-free with our multi-layered protection. We want you to know that you can browse, bank and shop online safely with the knowledge that you have one of the best security services in the world protecting your digital life.

 

The Virus Protection Pledge provides you with the confidence that in the event a supported device gets a virus, a McAfee expert will remove it. If we can’t, we will offer a refund.

 

Our Virus Protection Pledge (VPP) is subject to and governed by the Virus Protection Pledge Terms & Conditions and the McAfee License Agreement.

 

To qualify for VPP and its virus removal and refund features, you must be enrolled in our auto-renewal service and meet the requirements set forth in the Full Terms. Below is a summary of the key terms:

 

  1. VPP is only valid for qualifying products, supported devices and specified languages and countries, as set out in our System Requirements.
  2. Your subscription must be actively enrolled in automatic renewal (turned on) and your account must have a valid credit card, debit card, or other payment mechanism on file. If you opt out of auto-renewal, you will not be entitled to VPP and its free virus removal service and refund features.
  3. To be eligible for the VPP virus removal service and qualify for a refund in the event we cannot remove a virus, you must have a McAfee anti-virus product installed and active on the qualifying device prior to the infection of the virus.
  4. Standalone services and products which do not include AV Protection, such as McAfee WebAdvisor or True Key by Intel Security, are not covered. Additionally, this Pledge does not apply to small business or enterprise products and services.
  5. A high speed internet connection is required to perform the virus removal service.
  6. Eligibility ends when your paid subscription ends.
  7. You must purchase, renew, or upgrade your subscription directly from McAfee.com; or if you have purchased the subscription from a retailer, valid, current proof of purchase is required. Our refund will be a full refund of the actual price paid for the current subscription term.
  8. Applicable law or regulation(s) of the country in which you reside may limit or alter the availability or scope of the Pledge.

 

THIS REFUND DOES NOT APPLY TO, AND WE ARE NOT RESPONSIBLE FOR, ANY LOSS OR DAMAGES CAUSED BY A VIRUS OR OTHER MALWARE.

 

Virus Protection Pledge – Terms & Conditions

 

If we are unable to remove a virus or other malware from your Qualifying Device protected by our Anti-Virus Software, you are entitled to obtain a refund (the “Pledge”) as described in these Virus Protection Pledge Terms & Conditions (these “Pledge Terms”). These Pledge Terms are subject to and governed by the McAfee License Agreement available on our website which is hereby incorporated by reference. All refunds are expressly conditioned upon your agreement to the McAfee License Agreement and these Pledge Terms.

 

  1. Refund Eligibility 
    In order to be eligible for a refund, you must meet the following conditions:
    1. The Pledge only applies to qualifying device(s) that meet the System Requirements specified in the Intel Security License Agreement (each a “Qualifying Device”). Additionally, a high speed internet connection is required.
    2. You must have a McAfee anti-virus product installed and active on the qualifying device which is covered by the Pledge (“Anti-Virus Software”) prior to the infection of the virus. The Anti-Virus Software covered by the Pledge are listed in the System Requirements. The Pledge does not apply to standalone services and products which do not include virus protection, such as: McAfee WebAdvisor, True Key by Intel Security, Intel Security Battery Optimizer, TechMaster PC-Tune Up, McAfee Mobile Security for iPhone and iPad, and McAfee Mobile Security for Android.
    3. Only paid, active subscriptions to Anti-Virus Software are eligible for a refund under the Pledge. Your eligibility for a refund under the Pledge expires upon expiration or termination of the subscription to the Anti-Virus Software.
    4. The Pledge is only valid in the languages and countries we support, as set out in the Virus Protection Pledge entry in the System Requirements. As of the Date Last Updated, this includes: English, in Australia, Canada, India, Malaysia, New Zealand, Philippines, Singapore, United Kingdom & United States.
    5. The Pledge does not apply to trial subscriptions or free software.
    6. You must purchase, renew, or upgrade your subscription directly from McAfee.com; or if you have purchased the subscription from a retailer, valid, current proof of purchase is required.
    7. Your subscription to Anti-Virus Software must be actively enrolled in automatic renewal. Your account must have a valid credit card, debit card, or other payment mechanism on file with us, and your automatic renewal settings must be turned on. If you opt out of autorenewal, you will not be entitled to the virus removal service or entitled to receive a refund.
    8. Applicable law or regulation(s) of the country in which the Qualifying Device is located may limit or alter the availability or scope of the Pledge.
  2.  

  3. Exclusions

    McAfee is not responsible for, and the refund DOES NOT apply to any loss or damage(s) incurred as a result of viruses. This Pledge applies solely to McAfee’s efforts to remove viruses from a Qualifying Device running Anti-Virus Software. It does not apply to other attacks, security breaches, threats, or damages resulting therefrom. For example, the Pledge will not cover losses or damage resulting from malware or viruses that (i) delete or destroy your data; (ii) modify your files; or (iii) encrypt files on your drive (such as ransomware that uses asymmetric encryption). The only way for you to protect yourself from these types of attacks is frequent back-ups of your data to another device or location. Additionally, this Pledge does not apply to small business or enterprise products and services.

  4.  

  5. Services

    McAfee shall provide the virus removal services as set forth in the Virus Removal Service Terms of Service which is hereby incorporated by reference.

  6.  

  7. Refund

    Annual or Monthly Anti-Virus Software Subscriptions. If you purchased an annual or monthly subscription to Anti-Virus Software, our refund will be a full refund of the actual price paid for the specific Anti-Virus Software subscription in the current subscription term (monthly or annual as purchased).


    Multi-Year Anti-Virus Software Subscriptions. If you purchased a multi-year subscription to Anti-Virus Software for a lump sum price, our refund will be a refund of the actual price paid for the specific Anti-Virus Software subscription.


    Bundled Subscriptions. If you purchased the subscription to Anti-Virus Software as part of a bundle of products/services, your refund will be the price of the Anti-Virus Software as posted on our website, not to exceed the total price paid for that bundle.


    For all subscription types, any savings, rebates, refunds, shipping, handling, and taxes are not refundable, except in states or jurisdictions where shipping and taxes are refundable.

  8.  

  9. Redemption and requesting a Refund

    The process you must follow to redeem the pledge and request a refund is available here.

  10.  

  11. Disclaimer

    While McAfee will make commercially reasonable efforts to remove a virus from your Qualifying Device running Anti-Virus Software, you understand and agree it is possible that a virus may not be removable, and McAfee does not guarantee that it will remove all viruses from your device(s). To the extent permitted by applicable law, McAfee will have no liability for loss of or recovery of data, service, or loss of use of systems(s) or networks arising out of the Pledge or any act or omission, including negligence, by McAfee and/or its representatives. To the extent permitted by applicable law, McAfee reserves the right to refuse, suspend or terminate the Pledge in its sole discretion. The Pledge is not transferable.

  12.  

  13. Questions

    If you have any questions, comments or concerns about these Terms, please contact us at: Support.

 

LAST UPDATED: August 2, 2016.

Redemption and Refund Process for VPP
Redemption and Refund Process for Virus Protection Pledge

  1. Confirm your McAfee Virus Protection Pledge eligibility:

       

    1. Sign in to My Account
    2. Click on the tab of the device you think might be infected
    3. Select Installed McAfee Apps
    4. Look for “Virus Protection Pledge”
  2.  

    If you see... It means...
    Virus Protection Pledge: Available You’re covered with our Virus Protection Pledge
    Virus Protection Pledge: Not Available  You’re not yet covered – sign up for Auto-renewal to enjoy our Virus Protection Pledge

     

    Don’t see anything? Your subscription doesn’t offer our Virus Protection Pledge

     

  3. If you believe your device is infected, please perform a full system scan

       

    1. Start your McAfee product.
    2. Click on the section of the screen labeled “Updates” to run a check for new program and virus definitions.
    3. Click “Scan your PC”. When the new “Scan your PC” section of the program window loads, click “Run a full scan.”
  4.  

     

  5. After running the full scan, if you believe your computer is still infected, please contact  McAfee Support.

 

Once we have determined your device has an infection, our agent will remove the identified malware from your computer. If our agent determines they cannot remove the malware from your machine, you will receive a refund (in accordance with the VPP Terms & Conditions) by:

 

  1. Reversing the original credit card transaction, if McAfee processed the original payment transaction within the last six months;
  2.  

    OR

     

  3. Mailing a check or visa gift card for the amount you paid for the product, if the original payment transaction occurred through a 3rd party, or the payment was processed by McAfee more than 6 months prior.