We at McAfee, LLC, including our affiliates (“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” and “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 data through our website (our “Site”), products, services, and web-based and mobile applications (collectively, the “Services”) or when you interact with us.
McAfee sells products and services directly to consumers (you can find more information about those products here, “Consumer Products”), as well as to corporations and business customers (you can find more information about those products here, “Corporate Products”). This Privacy Notice applies both to the information we collect from you or your device when you download one of our Services and to the information we collect when one of our distribution partners or business customers installs our Services on your device.
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 the Site and any dispute over privacy is subject to this Notice, any applicable Terms of Service (including any applicable limitations on damages and the resolution of disputes) and any applicable End User License Agreement.
As McAfee grows, our business changes, and we may update this Notice at any time as we deem appropriate to reflect those changes. If there are any material changes to this Privacy Notice, we will notify you by email, in-product notification, or as otherwise required by applicable law. It is important that you check back and make sure that you have reviewed the most current version of this Notice.
This Notice applies to all users of our Services across the world. If you are a resident of the European Economic Area, you have additional rights, which are explained in this Notice.
What Kinds of Information Do We Collect?
In order to provide our services, we collect information. Some information you provide directly to us, some we collect automatically through our Services, and some is collected from third parties. In this Notice, “Personal Data” refers to data that could be used, alone or in combination with other data, to identify you as an individual.
We collect information you provide to us. For example, we collect information when you purchase a product or service, create an account, fill out a form, participate in a contest or promotion, request customer service, or otherwise communicate with us.
The types of Personal Data you may provide includes:
Contact information (such as name, email address, mailing address, and phone number);
Payment information (including payment card numbers and associated identifiers, billing address, and bank account information); and
Account log-in credentials (which for some Services may include social network credentials).
We may also collect other information from or about you, such as information about what products you purchased, your interests, demographic information, photographs and videos, and biometric data such as fingerprints or voice prints. You may also provide us with additional data.
We automatically collect information about your interactions with the Services as well as devices on which the Services are installed. In some cases, we automatically collect information about other devices connected to the same network as the device on which the Services are installed.
For example, we may collect and use the following:
Information about the products you looked at or searched for and the Services you used, including time spent and other statistical information;
Details about your computers, devices, applications, and networks, including internet protocol (IP) address, cookie identifiers, mobile carrier, Bluetooth device IDs, mobile device ID, mobile advertising identifiers, MAC address, IMEI, Advertiser IDs, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, language preferences, battery level, on/off status, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. We may collect this information through our Services or through other methods of web analysis; and
Details about your internet, app, or network usage (including URLs or domain names of websites you visit, information about the applications installed on your device, or traffic data); and performance information, crash logs, and other aggregate or statistical information.
In order to provide you our Services, including to detect and evaluate malware and spam, we may scan, collect, and store data from your files, including emails, attachments, email addresses, metadata, and URLs and traffic data.
We collect this information through our Services and through technologies such as cookies, web beacons or web bugs, and clear GIFs. Please see our Cookie Notice for more information about the cookies and similar technologies that we use and the choices available to you.
Note on Verizon Safe Wi-Fi
Information We Collect from Third Parties
We may receive information about you from other sources and combine that information with the information we collect directly. Examples of information we may receive from other sources include: updated delivery or payment information used to correct our records; purchase or redemption information; and customer support and enrollment information. For our identity protection Consumer Products, we also may collect credit or identity information which we use to help prevent and detect fraud.
Certain Services may request permission to access your location. Where you grant this permission, we will collect information about your location using GPS, wireless, or Bluetooth technology. You can control access to precise location information through your mobile device settings. We also may look up your IP address to determine your general location.
How Do We Use the Information We Collect?
To Help Protect You
When you install or use one of our Services, it will run in the background of your device or environment to help predict threats and better protect you, your devices, and your information. For example, McAfee may use information to:
Analyze data sent to/from your device(s) to isolate and identify threats, vulnerabilities, viruses, suspicious activity, spam, and attacks, and communicate with you about potential threats;
Participate in threat intelligence networks, conduct research, and adapt products and services to help respond to new threats;
Encrypt your data, lockdown a device, or back-up or recover your data;
Check for Service updates and create performance reports on our Services, to ensure they are performing properly; and
Look for misuses of your data when you use our identity monitoring products.
To Run Our Business
We also use the information we collect for other business purposes, including to:
Analyze your behavior to measure, customize, and improve our Site and Services, including developing new products and services;
Advertise McAfee products and services that we think may be of interest to you;
Establish and manage accounts and licenses, including by collecting and processing payments and completing transactions;
Provide customer support, troubleshoot issues, 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;
Conduct market and consumer research and trend analyses;
Enable posting on our blogs, forums, and other public communications;
Perform accounting, auditing, billing, reconciliation, and collection activities;
Prevent, detect, identify, investigate, and respond to potential or actual claims, liabilities, prohibited behavior, and criminal activity; and
Comply with and enforce legal requirements, agreements, and policies.
For Advertising Purposes
We make a variety of products available to our customers at no charge. In order to keep these products free, we may use information collected through them, such as what websites you visit or the mobile applications you use, to allow McAfee and others to show you ads that are targeted to your interests. We do this by sharing an identifier assigned to your device, together with web browsing activity or application usage information, with select partners. This information does not identify you personally and we contractually prohibit the partners from using the information we provided to identify you. You can opt out of the use of your information for this purpose in the settings of the products that include this data sharing. For more information on which Services contain this feature and how to opt out, click here.
We work with third-party advertising companies to display or deliver ads to you while you are on our Site or using some Services. These third-party advertisers may collect data about your interaction with the Site or Services or others’ sites or services to measure the effectiveness of their ads and to personalize advertising content. See our Cookie Notice to learn more about how McAfee and these advertising partners use tracking technologies like cookies and the choices available to you.
If you have consented to allow our Services to access to your location, our mobile advertising partners may use your location to target advertisements to you. You may use the location settings on your device to withdraw access to information about your location
We may use Personal Data for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Data or with your consent.
Who Do We Share Personal Data With?
Generally, we disclose the information we collect to provide the Services, to communicate with you, to advertise or promote our Services, to facilitate changes to or transfers of our business, as required by law, or with your consent. For instance, we may share the information we collect as follows:
With current and future members of the McAfee family of companies for the purposes described in this Notice;
With service providers who perform services for us;
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 and applicable laws, or in relation to a legal activity, such as in response to a subpoena or investigation of suspected illicit or illegal activities, or where we believe in good faith that users may be engaged in illicit or illegal activities, or where we are bound by contract or law to enable a customer or business partner to comply with applicable laws;
In connection with, or during negotiations for, an acquisition, merger, asset sale, or other similar business transfer that involves all or substantially all of our assets or functions where Personal Data is transferred or shared as part of the business assets (provided that such party agrees to use or disclose such Personal Data consistent with this Notice or gains your consent for other uses or disclosures);
With your consent or at your direction, such as when you choose to share information or publicly post content and reviews (for example, social media posts); and
With persons of your choosing and at your discretion, should the product you are subscribed to allow that functionality.
We may also share aggregate data that does not identify you or any specific device with third parties.
Your California Privacy Rights - Shine the Light Law
McAfee does not share information that identifies you personally with non-affiliated third parties for their own marketing use without your permission.
How Do We Protect Your Data?
We use administrative, organizational, technical, and physical safeguards to protect the Personal Data we collect and process. Our security controls are designed to maintain data confidentiality, integrity, and an appropriate level of availability.
What Choices Do You Have About Your Personal Data?
If you register a McAfee Consumer Product, you can access and correct the Personal Data in your profile at any time by visiting My Account or contacting us as described below. If you have not registered a McAfee product but one of our products is installed on your device, you may stop McAfee’s collection of data from your device by uninstalling that product. To close your account and for other support questions, please visit the McAfee Contact Us page and click on Support.
To stop receiving marketing communications, click on the unsubscribe link in the email, or click here for Corporate marketing or here for Consumer marketing.
If you choose to no longer receive marketing information, McAfee may still communicate with you regarding transactional or administrative topics, such as security updates, product functionality, and service requests.
McAfee will keep your Personal Data for as long as you are a registered subscriber or user of our products or for as long as is reasonably necessary for business purposes related to provision of the Services, such as internal reporting and reconciliation purposes, or to provide you with feedback or information you might request.
Some of McAfee’s Services provide security features that parents may use to monitor their child’s activity online, physical location, or use of a registered device. These Services require parental consent, and we do not knowingly use the Personal Data we collect from children’s devices for any purpose except to deliver the Services. These products allow parents to delete their child’s profile at any time. If you believe we have collected information from your child in error or have questions or concerns about our practices relating to children, please contact us as described below. If you are under the age of 18, you must have your parent’s permission to access the Services. McAfee urges parents to instruct their children never to give out their real names, addresses, or phone numbers, without parental permission. If you learn that your child has provided us with Personal Data without your consent, you may alert us by contacting us as described below. If we learn that we have collected any Personal Data from children under 13 (and in certain jurisdictions under the age of 16), we will promptly take steps to delete such information and terminate the child’s account.
Residents of the European Economic Area
McAfee is headquartered in the United States, and we have operations, entities, and service providers in the United States and throughout the world. As such, we and our service providers may transfer your Personal Data to, or store 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 Data receives an adequate level of protection in the jurisdictions in which we process it. If you are in the European Economic Area or Switzerland, we provide adequate protection for the transfer of Personal Data to countries outside of the EEA or Switzerland through a series of intercompany agreements based on the Standard Contractual Clauses authorized under EU law. You are entitled to obtain a copy of these agreements by contacting us as described below.
Access, Rectification, Erasure, and Restriction
If you register a McAfee Consumer Product, you can access and correct the Personal Data in your profile at any time by visiting My Account. If you have not registered a McAfee product but one of our products is installed on your device, you may stop McAfee’s collection of data from your device by uninstalling that product.
You may request access, changes to, or removal of your Personal Data in accordance with the applicable laws by contacting us as indicated below. For some requests and where permitted by law, an administrative fee may be charged. We will advise you of any applicable fee prior to performing your request.
Although McAfee makes good faith efforts to provide customers with access to their Personal Data, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, where the information would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in the case in question, or where it is commercially proprietary. If McAfee determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, we will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Data.
For Corporate/Business Customers Only
McAfee is a data processor and only processes Personal Data in line with instructions received from its customers.
McAfee will act on written instructions received from Corporate Customers to access, delete, release, correct, or block access to Personal Data held in McAfee’s products and systems. Any requests relating to access, erasure, or rectification should be made by an authorized individual using the Individual Data Request Form available at https://www.mcafee.com/enterprise/en-us/about/legal/gdpr-data-request.html. We will assist our Customers with requests from their employees in accordance with the applicable data protection laws.
If you require further information about the Personal Data processed by the McAfee product you have purchased, please contact your account manager.
Basis for Processing
When we process your Personal Data, we will only do so in the following situations:
We need to use your Personal Data to perform our responsibilities under our contract with you (e.g. processing payments for and providing the Services you purchase or request).
We have a legitimate interest in processing your Personal Data. For example, we have a legitimate interest in processing your Personal Data to provide, secure, and improve our Services, in communicating with you about changes to our Services, and in informing you about new services or products.
Questions or Complaints
If you are a resident of the European Economic Area and have a concern about our practices concerning the processing of Personal Data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside.
Links to Other Websites
Our Site and Services 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.
You may contact us regarding this Privacy Notice:
In the United States by calling us at +1 (888) 847-8766 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 +353 21 467 2000 or by writing to us at:
McAfee, Legal Department
2000 City Gate
You have the right to make a complaint at any time to the Data Protection Commissioner, the Irish supervisory authority for data protection issues, at https://www.dataprotection.ie/docs/Home/4.htm, or by calling +353 57 868 4800.
What Technologies Does McAfee and Its Partners Use?
Cookies. Cookies are small files—usually consisting of letters and numbers—placed on your browser or device when you visit a website. Cookies are widely used to help facilitate the operation of websites, to help them work more efficiently, and to provide analytic information.
SDKs. SDKs are blocks of code provided by our partners that may be installed in our mobile applications. SDKs help us understand how you interact with our mobile applications and collect certain information about the device and network you use to access the application or the other applications installed on your device. SDKs often share the mobile advertising identifier assigned to your device (called “IDFA” or “ID for Advertising” on Apple devices and “Advertising ID” on Android devices) with our partners.
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. Click here to learn how to manage privacy and storage settings for Flash cookies.
Web Beacons. 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.
Local Storage. Local storage includes HTML5 local storage and browser cache. These technologies allow us to store data locally on your browser or device.
McAfee and its partners and service providers use different types of cookies, as follows:
These cookies are required for the operation of our Services (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 Services and use their features.
These Cookies are used to recognize you when you return to our Services. This enables us to personalize content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
Analytics and Research
These cookies allow us to analyze activities on our Services in order to improve and optimize the way our Services work. For example, we may use these cookies to ensure that visitors can easily find the information they are looking for.
These cookies record your online activities, including your visits to our Services, the pages you have visited, and the links and advertisements you have clicked. These cookies allow us to deliver advertisements and other communications to you that are more relevant to your interests.
What Are My Choices with Respect to Cookies and Similar Technologies?
You can decide whether or not to accept cookies by using your browser's settings. You may also be able to remove cookies from your browser. For more information about how to manage browser cookies, please follow the instructions provided by your browser. Please note that if you block all cookies, it may affect the functionality of our websites.
The advertising technology partners with which we partner may provide you the option to opt out of the use of information about your website visits and app usage for purposes of serving ads that are targeted to your interests. You can learn more about interest-based advertising and how to opt out of the use of your web browsing activity for interest-based advertising purposes by visiting these sites: Digital Advertising Alliance, the Network Advertising Initiative, and the Interactive Advertising Bureau (IAB) Europe.
You may opt out of the use of information about your mobile app usage 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” or “Opt Out of Ads Personalization” on Android devices).
Certain McAfee products are made available for free. In order to keep these products free, we may use information about websites you visit or the mobile applications you use to show you ads that are targeted to your interests. We do this by sharing information about your device—such as your device and advertising identifiers, together with web browsing activity or app usage—with select partners. This information does not identify you personally and we contractually prohibit the partners from using the information we provided to attempt to identify our users. You can opt out of the use of your information for this purpose in the settings of the products that include this data sharing. You can learn more about the options available to you for particular products and services by clicking here.
Finally, we participate with the Facebook Audience Network, which 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 and change your preferences, including whether you receive these tailored ads, on our website and apps.
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.
How to Contact Us
In the United States by calling us at +1 866 622 3911 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 +353 21 467 2000 or by writing to us at:
McAfee, Legal Department
2000 City Gate
You have the right to make a complaint at any time to the Data Protection Commissioner, the Irish supervisory authority for data protection issues, at https://www.dataprotection.ie/docs/Home/4.htm, or by calling +353 57 868 4800.
In Japan by calling us or by writing to us at: +81 0570 010 220 or by writing to us at:
Personal Data Protection Manager
McAfee Co. Ltd.
Shibuya Mark City West,
Tel: (switchboard) 03-5428-1100
This is an agreement ("Agreement") between you as an individual consumer or a small business entity ("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 further below. 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 BELOW THAT AFFECT 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:
License Terms (Including Restrictions, Ownership, Changes, Termination and Privacy)
Payment & Support Terms (Including Automatic Renewal, Cancellation, Refunds, Support and Updates)
Terms Specific to Certain Products and Services (Including Free Products)
Terms Specific to Identity Protection Services
Binding Arbitration and Class Action Waiver
General Legal Terms (Including Limited Warranties, Disclaimer of Warranties, Limitation of Liability, Licensing Entities and Local Law Provisions)
McAfee Contact Information
License Grant For Personal Use. We are pleased to grant you, an individual consumer, 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 Entitlement" means the number and type of devices and users that are permitted to use the Software, as specified in the documents that accompanied your purchase or download, 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 document made available to you when you purchased the product. If no licensed device count or user count was specified, 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 documents made available to you when you purchased the product. If no scope or duration is specified in the documents, the Service Entitlement is for a single device and user for one year.
"System Requirements" means the supported devices and operating systems that the particular McAfee product will function properly with, as listed on our website. It is your responsibility to meet System Requirements, such as obtaining updates or upgrades in order to continue using the Software.
License Grant for Small Business Use. This license permits use of the Software only by personnel employed by the licensed small business entity. Subject to the terms and conditions of this Agreement and subject to registration of the Software, we hereby grant to you a non-exclusive, non-transferable right to use the Software on the number of devices for which you have purchased subscription licenses as set forth in the documents that accompanied your purchase, provided that such use is only for the subscription term purchased by you, solely by personnel employed by you, and solely for internal business operations. (For the purpose of this Agreement, use of the Software means to access, install, download, copy or otherwise benefit from using the Software). You acknowledge that the Software and all related information are proprietary to us and our suppliers. You will be entitled to Updates which are made generally available by us for so long as you maintain your subscription. This license is revocable by us as provided in this Agreement.
Your use of the Software is limited to devices and operating systems we support and may be affected by the performance and compatibility of your hardware, software and Internet access. Meeting system requirements is your responsibility and you are responsible for the cost of your equipment, which may include obtaining updates or upgrades from time to time in order to continue using the Software. System requirements are set forth on the product description page. (For purposes of this Agreement, product description page means either the webpage describing the product and/or the applicable product data sheet).
You must register each license to the Software that you purchase. Registration is required in order to obtain technical support, in order to claim any included Virus Removal Service session per year of annual subscription per purchased license, and so that any licenses that you purchase in the future will have the same renewal date as your initially purchased licenses. Unused sessions do not roll-over to the next subscription year. It is your obligation to ensure that someone within your organization has access to your registration account and the email address identified in the account profile in order to obtain support from us and to receive the pro-rata rate on additional license purchases described below.
If you purchase additional licenses of the Software which you registered to your account in the future and you use the email address identified in your account profile for the new purchases, the initial term of the additional licenses will be automatically reduced so that the renewal date is the same as the renewal date of the Software licenses you initially purchased. In that event, you will be charged a prorated subscription price based on a calendar day basis for the reduced initial term. If you do not register your initial licenses to your account, or you do not use the email associated with the account during checkout, you will receive no pro-rata pricing and the subscription term of such additional licenses will be the term that you purchased.
If the Agreement terminates for any reason or expires, neither you nor any personnel employed by you will be authorized to use or access the Software, including any online storage or backup services, and we may cancel and/or close your account at our sole discretion. After the termination or expiration date, 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. Use of Software, at any time, is governed by the terms of this Agreement.
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 purchase 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 (unless you are a small business, in which case the License Grant for Small Business Use above will apply); (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 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, you acknowledge and agree that we may use them 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. Your right to use the software or services is effective for the length of time of the subscription term set forth in the documents that accompanied your purchase ("Subscription Term") and, where applicable, each subsequent renewal term unless terminated. If the documents that accompanied your purchase do not specify the length of time for which you can use the products or services, your Subscription Term is one year from the date that the Software or Services were purchased. Your 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. Your right to use the McAfee Products or services 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 set forth in the documents that accompanied your download, as applicable.
Changes to this Agreement. McAfee may need to update or change its terms and conditions over time. If you have a paid subscription, any new terms and conditions will apply when your subscription renews. If you do not agree to the new terms and conditions, 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 your right to use the software prior to its expiry 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.
Privacy. For information on how we collect, use, and share your personal data through our website, products, services, and web-based mobile applications, please see our Privacy Notice.
PAYMENT & SUPPORT TERMS
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.
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. The subscription price for your auto-renewal is subject to change. Your subscription renewal 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. Please note your automatic renewal may fail to process if you used a payment device other than a credit or debit card to purchase your subscription. If, at the time of renewal, your Software and Services have been renamed, upgraded or replaced by a new offering with reasonably comparable features, we may, at our discretion, automatically renew your subscription with the new offering for no more than the undiscounted subscription price of the new offering.
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 the documents that accompanied your purchase 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. McAfee may, at its sole discretion, discontinue certain Software or Services or particular features of the Software or Services. "End of Sale" refers to the date when we no longer make a particular Software or Service available for purchase, renewal, or download. If a renewal term for your subscription would expire past the End of Sale date, you will not be able to renew your subscription. "End of Support" refers to the date when we no longer provide automatic fixes, Updates or technical support for particular Software or Services.
TERMS SPECIFIC TO CERTAIN PRODUCTS AND SERVICES
Services. In addition to this Agreement and applicable purchase 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, or maintenance or support obligations (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 the documents that accompanied your purchase 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 master 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.
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"). Your entitlement under these Services may be specified in the documents that accompanied your purchase or enrollment and the additional product terms of service that apply and are available on our website.
Some features of the Identity Protection Services are only available to residents of the United States who possess a valid social security number. For a full list of eligibility requirements see here. 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); and (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 in the USA. The Fair Credit Reporting Act 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)
For a full summary of your rights under the FCRA, 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 ProtectionPlus 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.
A free subscription to Identity Protection Services is valid for one year from the date of sign-up.
BINDING ARBITRATION AND CLASS ACTION WAIVER
For all non-European Union customers.
Agreement to Arbitrate Disputes. Subject only to the Small Claims Court Option described below in this section, 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 Services shall be resolved by confidential binding arbitration. This agreement to arbitrate includes, but is not limited to: (i) Claims relating to the enforceability or interpretation of this Agreement, including 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, subsidiaries, successors, assignees, employees, and agents; and (iv) Claims that could have been asserted as part of a class action, private attorney general or other collective, consolidated, or representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed solely on an individual (non-class and non-representative) basis and the arbitrator shall have the authority to award relief only on an individual (non-class and non-representative) basis. YOU AND WE AGREE THAT NO CLASS ACTION, COLLECTIVE 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 AND WE AGREE TO WAIVE THE RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE OR CONSOLIDATED ACTION OF ANY KIND.
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. When sent to us, 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. Notwithstanding these notice obligations, any demand for arbitration must be made by you or us within the statute of limitations that is applicable to the Claim(s) upon which arbitration is sought or required. These notice obligations do not modify the statute of limitations that is applicable to any Claim(s).
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. Subject only to the Small Claims Court Option for individual consumers described below, YOU AND WE 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 or Consumer Arbitration Rules of the AAA, as applicable, 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.
Small Claims Court Option. If you are an individual consumer, you may choose to sue us in small claims court in your county of residence or in Santa Clara County, California if you meet the court’s requirements.
Right to Resort to Provisional Remedies Preserved by McAfee. 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 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 SOFTWARE 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: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint. 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.
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 are 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.
Export Control. The Software is subject to export controls under the U.S. Export Administration Regulations ("EAR") and implementing regulations. You agree that you will not directly or indirectly export, transmit, permit access or use the Software or Services and its related documentation, including technical data, in any country to which export, transmission or access is restricted by regulation, statute, or other law, without any required authorization of the Bureau of Industry and Security of the U.S. Department of Commerce or any other governmental entity that may have jurisdiction over export or transmission. Export to a particular individual, entity, or country may be prohibited by law. If McAfee receives notice that a user is or becomes identified as a sanctioned or restricted party under applicable law, McAfee will not be obligated to perform any of its obligations under this Agreement if such performance would result in violation of the sanctions or restrictions. Additional Information about restricted parties can be found at the following websites: Consolidated Screening List and OFAC Sanctions Programs. Additional information regarding exporting and importing McAfee Products may be found on the McAfee "Export Compliance" webpage, https://www.mcafee.com/enterprise/en-us/about/export-compliance.html, as updated from time to time.
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 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:
McAfee Australia Pty Ltd
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 THIS SECTION 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 THIS SECTION 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.
3. Additional Terms for Free McAfee Identity Theft Protection Essentials
4. Summary of Identity Fraud Reimbursement Coverage
What is McAfee Identity Theft Protection?
With identity theft incidents hitting record-highs, now is the time to get the protection you need from a name you trust. McAfee Identity Theft Protection (IDTP) helps you keep tabs on a wide range of personal information with always-on monitoring and recovery tools so you can keep your identity close and personal.
Find the plan that’s right for you.
IDTP is designed to accommodate every lifestyle, so you don’t have to pay for more than you need. Choose from Essentials (not available in all markets), Standard, Plus and Premium. Go here to learn more about what’s included in each package.
2. Identity Fraud Reimbursement Coverage is subject to the terms summarized below. Certain offers have lower limitations for both the total reimbursement and the stolen funds reimbursement. Review your transaction documents to verify your coverage caps.
3. By enrolling and using the credit, financial, cyber and other monitoring features you certify that you shall only use the features to monitor accounts and information associated with your personal information.
4. Disclaimer: While McAfee Identity Theft Protection provides you tools and resources to protect yourself from and recover from identity theft, no identity can be completely secure. McAfee is not responsible for any loss or damages incurred as a result of identity theft. See the EULA for additional disclaimers of warranty and limitation of liability.
Additional Terms for Free McAfee Identity Theft Protection Essentials
1. Free IDTP Essentials is only valid for qualifying products and specified languages and countries, as set out in our System Requirements.
2. You must either have a qualifying free trial or a paid subscription with a participating partner, and you must be enrolled in automatic renewal (turned on) and your account must have a valid credit card, debit card, or other payment mechanism on file.
3. The free subscription will be granted to the registered McAfee account holder.
4. You may be required to enroll to activate all or some of the features. If eligible, you will receive enrollment instructions.
5. This offer is not available for Small Business or Enterprise products and services.
6. Eligibility ends when either your free trial or your paid subscription ends. If you opt-out of auto-renewal you will not be entitled to Free IDTP.
7. Your subscription is subject to our EULA and Privacy Notice.
8. Identity Fraud Reimbursement Coverage is subject to the terms below and is limited to $100,000 total coverage which includes a $10,000 limit for reimbursement of stolen funds.
9. You have numerous rights under the FCRA, including the right to dispute inaccurate information in your credit report(s). Consumer reporting agencies are required to investigate and respond to your dispute, but are not obligated to change or remove accurate information that is reported in compliance with applicable law. While this plan can provide you assistance in filing a dispute, the FCRA allows you to file a dispute for free with a consumer reporting agency without the assistance of a third party.
Identity Fraud Reimbursement Coverage
(Not available to McAfee Security for T-Mobile subscribers in the State of NY)
FINANCIAL REIMBURSEMENT COVERAGE:
Fraud Reimbursement Coverage reimburses subscribers for financial losses, expenses, and legal costs incurred by the subscriber as a result of identity theft. See policy terms, conditions, and exclusions below. This benefit is underwritten pursuant to an identity fraud blanket or group policy issued to CSIdentity Corporation. Certain offers have lower limitations for both the total reimbursement and the stolen funds reimbursement. Review your transaction documents to verify your coverage caps. Reimbursement is provided as a result of the following:
Fraud or Embezzlement
Loss arising out of fraud or embezzlement perpetrated against the subscriber, during the term of the program.
Loss resulting directly from theft of property related to the subscriber's information, checkbook, savings record, ATM access, etc. by a person from whom the subscriber purchased goods or services.
Loss resulting directly from forgery or alteration of checks, drafts, promissory notes, or similar written promises drawn upon the subscriber’s account.
Loss resulting directly from the misuse of subscriber's information as a result of a data compromise of information from a financial institution, a credit reporting agency, a credit grantor or a securities firm wherein monies are stolen from the subscriber’s account.
Stolen Identity Event
Loss resulting from a stolen identity event occurring on or arising out of the use of the Internet. The occurrence must be during the term of the program.
Unauthorized Electronic Fund Transfer aka "Stolen Funds"
Stolen funds loss incurred by the subscriber as the direct result of an unauthorized electronic fund transfer. Varying limitations apply depending on your subscription. Review your transaction documents to verify your coverage.
Covered Expenses (as a result of the identity fraud)
1. Costs incurred by the subscriber for re-filing applications for loans, grants, or other credit that are rejected solely because the lender received incorrect information.
2. Costs for notarizing affidavits, incurring long distance telephone calls, travel and postage reasonably incurred as a result of the subscriber's efforts to report an identity fraud and/or amend records.
3. Costs for contesting the accuracy or completeness of any information contained in a credit report.
4. Payment for reasonable expenses incurred that were a result of recovery from an identity fraud such as; credit freeze, credit thaw costs, transcript costs, appeal bond, court filing fees and expert witness fees.
5. Lost base wages that would have been earned, for time reasonably and necessarily taken off work solely as a result of efforts to amend or rectify records as to the subscriber's identity. Actual lost wages includes remuneration for vacation days, discretionary days, floating holidays, and paid personal days but not for sick days or any cost arising from time taken from self-employment.
6. Child or elderly care costs that would have otherwise not been incurred, resulting from time reasonably and necessarily taken away from providing such care as a result of efforts to amend or rectify records as to the subscriber's identity.
Covered Legal Costs
Costs for reasonable fees for an attorney with either prior approval by us or costs up to $125.00 per hour for an attorney selected by the Subscriber and related court fees, incurred by the Subscriber for:
a. Defense of any legal action brought against the subscriber by a merchant, creditor or collection agency or entity acting on their behalf for non-payment of goods or services or default on a loan.
b. Defense of or the removal of any criminal or civil judgments wrongly entered against the subscriber.
c. Challenging the accuracy or completeness of any information in a consumer credit report.
FINANCIAL REIMBURSEMENT DOES NOT COVER:
A. loss due to any fraudulent, dishonest or criminal act by the subscriber or any person acting in concert with the subscriber, or immediate family subscriber, whether acting alone or in collusion with others.
B. loss resulting directly or indirectly from errors or omissions occurring in the input of data to any computer system and/or processing of any data within a computer system.
C. loss resulting directly or indirectly from the voluntary surrendering by the subscriber of any access device, in whole or in part, to any person or entity.
D. loss resulting from any unintentional clerical error in the transfer from or debit of any account of the subscriber which is initiated by a financial institution, or any employee(s) thereof.
E. loss in connection with any pre-authorized transfer from any account to or for the benefit of a financial institution, or to any other account of the subscriber.
F. loss arising out of business pursuits of the subscriber.
G. loss of valuable papers, valuable documents, jewelry, silverware and other personal property including the philatelic value of stamps and the numismatic value of coins not in circulation.
H. property damage, bodily injury or personal injury.
I. losses incurred from financial performance of any investment of financial product.
Upon knowledge or discovery of loss that may give rise to a claim under the terms of the program agreement, the subscriber is responsible for the following:
A. Give notice as soon as practicable to: (a) the appropriate authority and affected institutions, if applicable; and (b) us or any of our authorized agents. If the loss involves a violation of law, the subscriber shall also notify the police. The subscriber must submit a copy of the police report when filing a claim.
B. File detailed proof of loss, duly sworn to, with us within 60 days after the discovery of loss.
C. Upon our request, submit to examination by us, and subscribe the same, under oath if required.
D. Upon our request, cooperate to help us enforce legal rights against anyone who may be liable to the subscriber to include giving evidence and attending depositions, hearings and/or trials; producing for our examination all pertinent records; and cooperating with us in all matters pertaining to loss or claims; all at such reasonable times and places as we shall designate.
E. The subscriber shall not voluntarily assume or admit any liability, nor, except at said subscriber's own cost, voluntarily make any payment or incur any expense without our prior written consent, (such consent not to be unreasonably withheld).
F. The subscriber shall keep books, receipts, bills, and other records in such manner that we can accurately determine the amount of any loss. At any time subsequent to the reporting of the loss to us, we may examine and audit the subscriber's books and records as they relate to a loss under the policy on record with the insurance company.
NOTE: The above summation of our Identity Theft Reimbursement Coverage is designed to provide general information only. While every effort has been made to ensure that the information provided is accurate, this information is provided without any representation or warranty of any kind about its accuracy. All descriptions of coverage are subject to the terms, conditions and exclusions of the individual policy on file with the insurance company. This policy is available upon request.
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.
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 HomeNetwork in any way that could damage, disable, overburden, or impair the HomeNetwork, or interfere with anyone else's use of the HomeNetwork, (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.
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 HomeNetwork, 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 HomeNetwork, 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.
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.
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:
McAfee Australia Pty Ltd
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 HomeNetwork 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.
Terms of Service – Virus Removal & TechMaster Services
Thank you for using McAfee Virus Removal Service or TechMaster services (“Service or Services”), provided by McAfee 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”),along with our License 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. PLEASE PAY PARTICULAR ATTENTION TO THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THE LICENSE AGREEMENT THAT AFFECT HOW DISPUTES ARE RESOLVED.
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.
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 our License Agreement and these Terms of Service 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 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.
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.
Specific Services and Non-Transferability – You may have purchased one or more of any of the following Services as described below:
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.
Our Advanced Troubleshooting services offer remote, over the phone help for troubleshooting and resolving computer problems or optimizing your PC performance.
A subscription that includes all the Services described above.
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.
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.
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.
Service Limitations – Services may be subject to any of the following limitations; refer to the applicable Product Description Page ("PDP"), your purchase confirmation email and/or offer details for limitations specific to your purchase:
Language and geographic limitations;
Specific terms of the offer.
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.
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:
Purchased the wrong service offering
Service was not used
Issue could not be resolved
Service was not available
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.
For Subscription Services: Automatic Renewal and Cancellation – See "Payment & Support Terms" in the License Agreement
Refunds on Subscription Services: Refunds on Subscription Services are permitted as follows subject to any additional limitations set out on the corresponding PDP:
1 incident used
2 incidents used
More than 2
Privacy – For information on how we collect, use, and share your personal data through our website, products, services, and web-based mobile applications, please see our Privacy Notice.
Disputes: See the License Agreement Provision on Binding Arbirtaration and Class Action Waiver
Contracting Entities: The Services are offered to you by one of these McAfee 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.
Limitation of Liability, General Legal Provisions, and Governing Law: See License Agreement.
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 License Agreement and Privacy Noticewhich are 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.
McAfee 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 McAfee'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. McAfee 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 McAfee 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, McAfee 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
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
McAfee 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
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:
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: firstname.lastname@example.org
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.
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).
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.
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: email@example.com
LAST UPDATED: June 14, 2017
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.
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:
VPP is only valid for qualifying products, supported devices and specified languages and countries, as set out in our System Requirements.
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.
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.
Standalone services and products which do not include AV Protection, such as McAfee WebAdvisor or McAfee True Key, are not covered. Additionally, this Pledge does not apply to small business or enterprise products and services.
A high speed internet connection is required to perform the virus removal service.
Eligibility ends when your paid subscription ends.
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.
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.
In order to be eligible for a refund, you must meet the following conditions:
The Pledge only applies to qualifying device(s) that meet the System Requirements specified in the McAfee License Agreement (each a “Qualifying Device”). Additionally, a high speed internet connection is required.
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, McAfee True Key, McAfee Battery Optimizer, TechMaster PC-Tune Up, McAfee Mobile Security for iPhone and iPad, and McAfee Mobile Security for Android.
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.
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.
The Pledge does not apply to trial subscriptions or free software.
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.
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.
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.
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.
McAfee shall provide the virus removal services as set forth in the Virus Removal Service Terms of Service which is hereby incorporated by reference.
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.
Redemption and requesting a Refund
The process you must follow to redeem the pledge and request a refund is available here.
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.
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
Confirm your McAfee Virus Protection Pledge eligibility:
Click on the tab of the device you think might be infected
Select Installed McAfee Apps
Look for “Virus Protection Pledge”
If you see...
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
If you believe your device is infected, please perform a full system scan
Start your McAfee product.
Click on the section of the screen labeled “Updates” to run a check for new program and virus definitions.
Click “Scan your PC”. When the new “Scan your PC” section of the program window loads, click “Run a full scan.”
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:
Reversing the original credit card transaction, if McAfee processed the original payment transaction within the last six months;
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.
2821 Mission College Blvd.
Santa Clara, CA 95054 USA
Important offer, subscription, price and automatic renewal terms:
• The amount you are charged upon purchase is the price of the first term of your subscription. The length of your first term depends on your purchase selection (e.g., 1, month, 1 year, 2, years, etc.). Once your first term is expired, your subscription will be automatically renewed on an annual basis (with the exception of monthly subscriptions, which will renew monthly) and you will be charged the renewal term subscription price in effect at the time of your renewal, until you cancel.
• Unless otherwise stated, if a savings amount is shown, it describes the difference between the first term and renewal term subscription prices (e.g., first year price vs. each year thereafter).
• Pricing is subject to change. If the renewal price changes, we will notify you in advance so you always know what’s going on.
• You can cancel your subscription or change your automatic renewal settings any time after purchase from your My Account page. To learn more about automatic renewal, click here.
• You may request a refund by contacting Customer Support within 30 days of initial purchase or within 60 days of automatic renewal (for 1 year or longer terms).
• Your subscription is subject to our License Agreement and Privacy Notice and is for personal use on the number of supported devices allowed under your subscription. Subscriptions covering “all” devices are limited to supported devices that you own. Product features may be added, changed or removed during the subscription term, and not all features are available for all operating systems—see System Requirements for supported devices. Software does not guarantee protection against all possible threats.
• To be eligible for VPP you must be actively enrolled in our auto-renewal service with a qualifying product installed. If we cannot remove a virus from a device we support (see VPP System Requirements), we’ll refund—for the current term of your subscription—the actual amount you paid for the qualifying product, or the value of the qualifying product if it was included in a bundle (see terms of service for details), less any discounts, rebates, refunds, shipping, handling or taxes. The refund does not apply to any damage or loss caused by a virus—we strongly recommend that you always backup your data to prevent data loss. Refer to our terms of service for details: mcafee.com/pledge.