生效日期：2021 年 5 月 5 日
McAfee, LLC 及其附属公司（“McAfee”或“我们”）非常关注隐私、安全以及在线安全，这些是我们根本任务的重要组成部分。我们致力于保护产品和服务的使用者（“您”），防止窃取、中断以及未经授权访问用户在线信息和活动的风险。 本隐私声明（“声明”）旨在告知您我们如何通过我们的网站（“网站”）、产品、服务以及网络和移动应用程序（统称“服务”）或在您与我们交互时收集、使用和共享您的个人数据。
随着 McAfee 企业发展，或业务变更，我们随时可能在我们认为适宜的情况下更新本声明。 如果本隐私声明有任何重大变更，我们将通过电子邮件、产品内部通知或适用法律要求的其他方式通知您。 您应核查以确保您查阅到本声明的最新版本。
我们为提供我们的服务收集信息。 部分信息由您直接提供给我们，部分信息通过我们的服务自动收集，也有部分信息自第三方收集。 在本声明中，“个人数据”是指可以单独或与其他数据结合使用以识别个人身份的数据。
我们还可能收集您的其他信息，例如您购买的产品、您的偏好、人口统计信息、照片和视频以及指纹或声纹等生物识别数据的信息。 您也可以向我们提供更多数据。 例如，在您使用我们的身份盗窃防护服务时，您可选择提供您的社交媒体登录信息，以便我们可以监控您的社交媒体帐户。
- 您的计算机、设备、应用程序和网络的详细信息，包括互联网协议 (IP) 地址、cookie 标识符、移动运营商、蓝牙设备 ID、移动设备 ID、移动广告标识符、MAC 地址、IMEI、广告商 ID 以及访问互联网时自动分配给您计算机或设备的其他设备标识符、浏览器类型和语言、语言首选项、电池电量、开/关状态、地理位置信息、硬件类型、操作系统、互联网服务提供商、使用服务前后访问的页面、访问日期和时间、访问每页的时长、您点击的链接信息和在服务中查看的页面信息，以及通过使用服务执行的其他操作（如首选项）。 我们可能通过我们的服务或通过其他网络分析方法收集上述信息。
- 您的互联网、应用程序或网络使用情况的详细信息（包括您访问网站的 URL 或域名、您设备上安装的应用程序信息或流量数据）；性能信息、崩溃日志以及其他汇集或统计信息。
为向您提供我们的服务，包括检测和评估恶意软件和垃圾邮件，我们可能会扫描、收集和存储您文件中的数据，包括电子邮件、附件、电子邮件地址、元数据以及 URL 和流量数据。
我们通过我们的服务以及使用 cookie、网络信标或网络漏洞以及透明 GIF 等技术收集这些信息。 请参阅 Cookie 声明 ，了解我们如何使用 Cookie 和类似技术以及您如何进行选择的详细信息。
我们可能从其他来源接收您的信息，并将这些信息与我们直接收集的信息组合。 我们接收其他来源信息的示例包括：用以更正我们记录的交付或支付信息更新、购买或兑换信息，以及客户支持和注册信息。 对于我们的身份信息保护消费者产品，我们还可能收集信用或身份信息用以阻止和侦测欺诈。
特定服务可能会请求访问您的位置权限。 如果您允许此项权限，我们将使用 GPS、无线或蓝牙技术收集您的位置信息。 您可以通过设置移动设备控制我们对精确位置信息的访问。 我们还可能查看您的 IP 地址以确定您的大概位置。
如果您安装或使用我们的一项服务，它将在设备或环境的后台运行，以预测威胁并更好地保护您以及您的设备和信息。 例如，McAfee 可能使用信息用以：
- 宣传我们认为您可能感兴趣的 McAfee 产品和服务；
我们与第三方广告公司合作，当您访问我们的网站或使用我们的某些服务时，向您显示或递送广告。 第三方广告商可能会收集您与网站或服务或其他人的网站或服务交互的数据，以评估广告效果并个性化广告内容。 请参阅 Cookie 声明 ，了解 McAfee 和广告合作伙伴如何使用 Cookie 等跟踪技术以及您如何进行选择的详细信息。
- 与 McAfee 旗下当前和未来的成员公司分享，用于本声明所述的目的；
- 与您选择的人员分享，前提是您订阅的产品允许该项功能。 我们还可能与第三方共享无法识别个人身份或任何特定设备的数据集。
如果您已注册 McAfee 消费者产品，您可随时获取和更正您个人资料中的个人数据，方法是访问 我的帐户 或按照下述方式联系我们。
如果您未注册 McAfee 产品，但在您的设备上安装了我们的一款产品，您可以通过卸载此产品来阻止 McAfee 从您的设备收集个人数据。
如要关闭您的帐户和了解其他支持问题，请访问 McAfee 联系我们 页面并 点击“支持”选项卡 然后选择您所在“国家/地区”。
根据适用法律，您可能有权：(i) 请求确认我们是否正在处理您的个人数据；(ii) 访问您的个人数据或副本；(iii) 接收您的个人数据的便携式副本，或要求我们将个人数据发送至其他组织（“数据可移植性权利”）；(iv) 寻求更正或修订不准确、不真实、不完整或不当处理的个人数据；(v) 限制我们处理您的个人数据；(vi) 反对我们处理您的个人数据；(vii) 请求删除我们保存的个人数据，但法律规定的某些例外情况除外。
如要行使这些权利，请查看我们的个人数据申请表，网址 https://www.mcafee.com/enterprise/en-us/about/legal/gdpr-data-request.html 或按照下文说明联系我们。 我们将依据适用法律处理此类请求。 为保护您的隐私，在履行您的请求前，我们可能会分步骤验证您的身份。 对于某些请求，在法律允许的情形下，可能收取管理费。 我们将在执行您的请求前告知您所需缴纳的费用。
McAfee 将保留您的个人数据，保留期限为本声明所列目的所需的最短期限，即 (i) 只要您是我们产品的注册用户或用户，或者 (ii) 只要您的个人数据为本声明所列的、我们拥有法律基础的合法目的所必需；或者 (iii) 只要您的个人数据为服务提供等相关业务目的（例如，内部报告和对账目的、担保，或为提供您要求的反馈或信息）所必需。 依据法律规定，我们将在您最后一次与服务交互后三年内删除您的生物识别数据。
McAfee 的部分服务提供的安全功能可能用于父母监控子女的网络活动、实际位置或注册设备的使用情况。 这些服务需征得家长的同意，我们不会在知情的情况下将从儿童设备收集的个人数据用于除提供服务之外的任何目的。 这些产品允许家长随时删除子女的个人资料。 您若认为我们错误地收集了您子女的信息，或您对我们有关儿童的措施有任何的问题和疑虑，请按照下述方式联系我们。 如果您未满 18 岁，您必须经父母同意才能访问服务。 McAfee 敦促家长指示子女，未经家长同意不要公布真实姓名、地址或电话号码。 如果您得知子女未经您的同意向我们提供了个人数据，您可以通过下述联系方式提醒我们。 如果我们知悉我们收集了 13 岁以下（在某些司法管辖区为 16 岁以下）儿童的任何个人数据，我们将立即采取措施删除这些信息并终止该儿童的帐户。
McAfee 总部设在美国（详细地址请查看“联系我们”），在美国和世界各地都有运营商、实体店、服务提供商。 因此，我们以及我们的服务提供商可能会将您的个人数据转移到另一些司法管辖区内存储并在其中使用，这些管辖权区可能不具备与您国家 同等的数据保护水平。 我们将采取措施，在我们处理信息的司法管辖区内保证您的个人数据受到足够的保护。
在 McAfee 消费者产品购买地，McAfee Ireland Limited 作为您的个人数据控制方。
- 我们对处理您的个人数据拥有合法权益。 例如，我们需要处理您的个人数据以提供、保护和改进我们的服务，需要就我们的服务变更与您通信，或者我们需要通知您新的服务或产品。
我们依据欧盟法律和适用的欧盟法规，通过基于标准合同条款的一系列公司间协议，将个人数据传输到 EEA 或瑞士以外的国家/地区。
有时 McAfee 产品和服务通过第三方（例如雇主）提供。 在这些情形下，McAfee 作为数据处理方，仅依据客户提供的说明处理个人数据。
如第三方提供的服务涉及个人数据处理，则任何有关行使个人数据处理权利的请求，应由授权个人使用个人数据请求表提交，详见 https://www.mcafee.com/enterprise/en-us/about/legal/gdpr-data-request.html。 如要进一步了解通过第三方提供的 McAfee 产品如何处理个人数据的信息，请联系您的客户经理。
如果您是欧盟/欧洲经济区的数据用户，并且对我们无法解决的个人数据处理做法感到担忧，您有权向您居住地区、工作地区或涉嫌发生侵权地区（如适用）的数据保护机关提出投诉，或联系爱尔兰的数据保护监督机构，方法是访问 https://www.dataprotection.ie/docs/Home/4.htm，或拨打电话 +353 57 868 4800。
如果您是日本、阿根廷或加拿大的居民，并且对 McAfee 保存的个人信息（包括通过您使用我们的产品收集的个人信息）存有疑问，您可以使用个人数据申请表来请求详细信息，网址 https://www.mcafee.com/enterprise/en-us/about/legal/gdpr-data-request.html。
加州隐私权保护——《反客户信息披露法》(Shine the Light Law)
如果您是加州居民，您可使用个人数据请求表提交行使个人数据权利的请求，网址 https://www.mcafee.com/enterprise/en-us/about/legal/gdpr-data-request.html。依据《加州消费者隐私法》，McAfee 不会“出售”您的个人数据。]
McAfee 不向非附属第三方出售可识别您个人身份的信息。 如果您希望我们将来不出售您的识别信息，您可使用以下联系信息提出请求。
为方便您使用或参考，我们网站和服务中包含一些指向其他网站的链接。 这些网站可能由非 McAfee 附属的公司运营。所链接的网站可能有其各自的隐私策略或声明，如果您要访问那些链接网站，强烈建议您查看其隐私策略或声明。 我们对非 McAfee 附属网站的内容、隐私措施及使用不负任何责任。
Attn: Legal Department – Privacy Office
5000 Headquarters Drive
Plano TX 75024 USA
或致电 +1 (888) 847-8766
Attn: Legal Department
2000 City Gate
或致电 +353 21 467 2000
McAfee Co. Ltd.
Attn. Legal Department
Shibuya Mark City West,
Tokyo, 150-0043 Japan
欢迎使用 McAfee 产品
在您开始使用之前，我们需要快速讨论一下相关条款。 这些条款说明了在使用我们的软件 和 服务时您的法律权利和义务。 由于非常重要，所以我们需要您仔细阅读这些条款（包括所有链接），因为它们会成为您与我们之间的协议。
阅读时的注意事项 . . .
2. 点击接受按钮、安装或使用软件和服务（不管是由我们还是由我们的合作伙伴之一提供），即表示您同意这些条款。 如果您不同意或不遵守这些条款的规定，您将不能使用软件和服务。
3. 当我们说 . . . McAfee、我们或我们的时， 指的是在您所在地区提供软件和服务的 McAfee 实体。
4. 当我们说 . . . 您或您的时，指的是您或您被授权代表的企业或公司。
5. 如果您住在美国，那么您不会想错过我们的约束性仲裁条款和集体诉讼弃权。 它们概述了一些非常重要的有关我们如何解决争议的事项。
我可以使用 McAfee 的软件和服务做什么？
当您购买我们的软件和服务时，您将获得有限许可。 这意味着我们、我们的合作伙伴和供应商仍然拥有软件和服务的所有权利。 我们允许您根据这些条款使用这些软件和服务。
- 在您购买时所选数量的设备上供购买时所选数量的用户使用。 如果您没有选择数量，则您的许可证只能供一位用户在一台设备上使用。
- 如果您的设备和操作系统满足我们的要求。 您需负责确保您的设备保持最新状态并满足我们的要求。 （作为一项良好安全实践，建议使您的设备保持最新状态。）
您必须确保使用您帐户配置文件中的相同电子邮件地址注册您购买的每一个许可证。 如果您使用该电子邮件地址购买新的许可证，那么我们将确保新许可证与您第一次购买的许可证具有相同的续订日期。 我们将自动按比例收费，以反映新许可证的较短初始期限。 使用未与您帐户关联的其他电子邮件地址购买的其他许可证将适用于您购买的期限，并且无折扣。
有时，我们会提供免费软件和服务，例如已付费订购中的附加功能、预发布版本、测试版软件或可能处于试验阶段的免费服务。 除非另有说明，否则本协议中的条款也适用于免费软件和免费服务。 可能适用一些限制条件，我们在向您提供免费软件或免费服务时会告诉您有哪些限制条件适用。 只要我们向您提供免费软件和免费服务，您就可以使用它们。
我不能使用 McAfee 的软件和服务做什么？
我们作为软件和服务的所有者或许可方的权利受法律保护。 这意味着如果您做了某些操作（比如下面的示例），那么您的订购将可能被取消，并且我们可能需要采取进一步行动。 您不会希望遇到这样的情况。 下面是一些示例：不得…
对于符合技术支持条件的软件和服务，在您付费订购期间，您会获得标准支持服务。 请在购买软件或服务时检查您的收据，查看您购买的软件或服务是否符合条件。 我们的标准支持服务、政策和程序随时可能变更，并且可能因国家/地区不同而不同。
我们定期发布软件和服务的升级、增强和修改（更新）。 在更新变为可用后，我们可能停止支持之前版本的软件或服务。 为了确保您能使用我们开发的新功能，您需要同意我们在您做其他工作期间在后台安装更新。 我们也可能会提供免费软件和免费服务的更新，但我们没有义务必须这样做。
当 McAfee 终止软件、服务或功能时会怎么样？
我们可能不时终止或删除某些软件或服务，或软件或服务的特定功能。 当我们停止销售、下载或续订时，即到了销售结束之时。在销售结束日期之后，您将无法续订您的订购。 为了开发更好的新产品，有时我们必须停止支持旧产品。对此很抱歉。 如果不受我们控制的第三方平台和软件有需要，我们还必须对软件和服务进行更改。
如果您是从 McAfee 而非第三方购买的软件，那么当您与我们共享您的付款信息（信用卡或借记卡或其他付款类型）时，即表示您授权我们（或我们的授权合作伙伴）从您的付款方式类型收取初始购买金额以及订购续订费用。
有时，我们可能会从您的发卡机构或卡网络接收更新的信用卡或借记卡信息，我们将使用这些信息自动更新您的付款详细信息。 我们还可能重试失败的付款以完成交易，包括通过延长到期日期重试失败的卡。 您同意我们使用更新的详细信息从您的付款类型收费。
如果您从 McAfee 而非第三方购买了软件，那么您的付费订购在其期限结束时将自动续订，除非您已决定不再注册或已选择退出自动续订。 我们将提前通过电子邮件通知您的订购即将续订，并将在订购到期前 30 天内从您的付款类型收费。 收取的金额将是续订时的软件或服务价格，这可能与您最初支付的金额不同。 如果您的软件或服务已重命名、升级或替换为新产品，则在您续订时，我们将以不高于其续订价格的价格提供新产品，前提是新产品具有合理的类似功能。 如果自动续订不适用于您所在位置，那么在您购买时我们将说明这一点。
如果您不想继续订购，那么您可以登录到“我的帐户页面”或联系客户服务随时关闭自动续订。 请确保在您的订购期限到期前 30 天前这么做，这样才不会从您的付款类型收取下一次续订的费用。 请注意，如果您关闭或者不注册自动续订，那么您将无法访问我们为自动续订服务订购者提供的高级功能。 如果您忘记关闭自动续订，您可在收费后 60 天时间内请求退款和取消订购。 请与客户支持联系以执行此操作。
您当然可以取消，不过如果取消订购，您将放弃我们提供的所有在线防护功能。 如果您确实确定的话，可以在订购到期日期之前随时取消订购。 在取消订购之前，请查看我们的退款政策，因为您可能不符合全额退款的条件。 如果您不符合条件，则您将能够继续使用软件和服务，直至已取消付费订购期结束。
是的。 如果您违反本协议或任何其他适用条款和条件，我们将必须暂停或结束您对软件或服务的使用。 在我们结束您的订购时，还可能会关闭您的帐户。
在您删除或卸载软件之后，我们会根据内部策略删除您的所有存储或备份内容（信息、文本、文件、链接、图片，以及您向我们提供的所有其他资料）。 在终止之前，您有责任存储和备份您的内容。 硬盘和云存储空间很便宜，所以不要忘记了！
我们将尽一切合理努力从您的设备中清除病毒和恶意软件。 不过，我们无法保证能清除所有恶意软件和病毒，因为有些攻击很复杂，无法通过简单扫描来完成处理。 您可以在 TechMaster TOS 和 VPP 条款中找到其他信息。
我们从不会保存您的主密码或加密密钥的副本，所以您有责任保护它们的安全。 使用难以猜测的强主密码，并将您的密钥保存在安全位置，因为如果丢失这些信息， 我们无法帮助您恢复您的帐户。 不提供“重置密码”选项。
联网顾问利用大量优秀的数学方法判断网站是否可以安全浏览。 尽管如此，也无法发现所有威胁或了解每个网站的性质。 评级指标并不能保证网站完全没有风险，良好的评级也不意味着我们认可相应网站或其服务。 默认情况下，联网顾问的“安全搜索”由雅虎提供支持。 如果您打开安全搜索，那么您的搜索将通过雅虎 网络进行。 您可以在浏览器设置中更改浏览器默认搜索引擎选项。
如果您购买了此功能，那么您需要选择启用该功能才能使其工作。 打开家用扫描程序，即表示您授予我们确认连接到您家庭 Wi-Fi 网络的设备的权限。 这有助于我们发现安全性差且可能危及您安全的设备。 您可以随时选择退出家用扫描程序。 家用扫描仅适用于您的家庭 Wi-Fi 网络。 家用扫描会收集您的网络中每一台设备的数据，所以，在向朋友和家人提供您的 Wi-Fi 密码时，务必要指出他们的设备将被扫描。
这些条款仅在您已注册、获得授权或者使用我们或我们信任的合作伙伴之一提供的身份保护服务的情况下适用（这些服务有时也称为“身份保护服务”）。 您在这些服务项下的权利请参见您购买或注册的产品随附的文档，以及我们网站上公布的其他适用产品服务条款（位于： www.mcafee.com/legal 的“产品服务条款”之下）。
暗网是可怕的网络空间！ 暗网基本上就是互联网，不过是加密版本的，所以难以找到网站的所有者。 因此，人们可以购买和出售所有类型的信息，比如信用卡号和身份信息。
- 我们向您提供的警报基于我们可获得的暗网数据。 我们不能保证我们向您提供的信息的准确性。
- 我们只能监控您选择提供给我们进行监控的信息。 您必须确保这些信息准确。
- 您必须是成年人才能使用我们的暗网监控服务。 您不得提供儿童的个人数据让我们进行监控。
- 您只能提供自己的个人数据，或您已获针对其的监控的有效同意意见的成年个体的数据。 您不得在未征得他人同意的情况下提供他人的个人数据，也不能使用我们的暗网监控服务在未经他人同意的情况下获取他人信息。
在您购买产品的前 30 天内，您可以出于任何原因决定取消订购，并要求我们退还您支付的金额。 在您购买 McAfee 软件的国家/地区可能会提供其他补救措施，本文件结尾概述了其中一部分。
安全漏洞可能导致您的数据遭到攻击。 例如，病毒和其他恶意软件可能删除、销毁、更改或加密您设备上的数据和文件。 如果发生这种情况，您可能无法访问您的数据和文件。 您同意您需负责备份和存储您设备上的所有数据和文件，这样在需要时您就可以安全地还原它们。正如我们之前提到的，硬盘和云存储空间很便宜。 您应将重要文件备份到值得信赖的在线数据存储服务，并经常这么做。 我们对任何因数据攻击导致的文件丢失或损坏或者服务中断概不负责。
根据这些条款，我们和我们的附属公司、供应商、许可方或其他第三方服务提供商对您的责任将 (a) 在订购期间发生引发责任的事件或情况时仅限于您为适用软件或服务支付的价格，或者对于免费软件则仅限为 100 美元；(b) 对以下情况不负任何责任：(i) 任何间接、特殊、附带或结果性损失或损害，包括利润损失、商誉损失、人员薪金损失、停工、计算机故障或数据丢失；或 (ii) 个人身份信息被盗。
我们不做关于软件或服务的任何明示或暗示保证或陈述，包括适销性、性能、满意质量、适用性、所有权和非侵权性的保证或条件。 软件和服务按原样提供。 您需对选择软件和服务以达成您的预期结果，以及安装和使用软件或服务负责。 我们不对软件或服务的使用或性能提供保证或担保。 我们不提供以下保证或担保：软件或服务运行可防止故障、不会中断或没有错误或缺陷，或软件或服务可防御所有可能的安全威胁，或不会因非我们引入或开发的病毒、感染、蠕虫或类似恶意代码导致软件或服务故障或其他错误。 我们不对任何停机或服务中断、任何数据或系统的丢失或失窃，或任何其他由任何行为或入侵导致或相关的损害承担责任。
有时我们会对这些条款进行更改并将其发布到我们的网站上。 如果您不同意任何更改，您可以通过不续订来结束订购，如上所述。 如果您续订，即表示您接受这些条款的最新版本。 如果您已接受一个以上的版本，那么最新版本将替代所有旧版本。
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大多数争议都可以通过联系客户服务以非正式方式解决。 如果我们无法达成协议解决争议，那么我们倾向于通过仲裁解决争议。 如果您住在美国，您同意通过仲裁或小额索赔法院解决所有与本协议相关的争议，如我们在“约束性仲裁和集体诉讼放弃”部分中所述。
软件和服务受美国和当地国家/地区法律的出口管制。 您同意，未经美国商务部工业和安全局或任何其他对出口或传输具有管辖权的政府机关授权，您不得直接或间接地向出口管制法律限制出口、传输或访问的任何个人、实体或国家/地区出口、传输、允许其访问或使用软件或服务以及 其相关文档和技术数据。 除非经美国政府或相关当地政府法规或特定许可授权，否则根据《美国联邦法规》第 15 卷第 744.21 部分，您不得使用、转移或访问 McAfee 产品以用于任何与核武器、化学或生物武器、导弹技术有关的最终用途，或军事最终用途或军事最终用户。 如果我们得知用户受到相关法律的制裁或限制，并且履行这些条款下的任何义务将违反相关制裁或限制，我们将无义务履行这些条款下的任何义务。 有关进口和出口 McAfee 产品的更多信息，请查看此处（页面将不定时更新）。
- 如果在美国、墨西哥、中美洲、南美洲或加勒比海地区下载软件，则为 McAfee, LLC（一家特拉华州有限责任公司，营业地址位于 6220 America Center Drive, San Jose, California 95002, USA）；
- 如果在加拿大下载软件，则为 McAfee Consumer Affairs North, LLC（一家特拉华州有限责任公司，营业地址位于 6220 America Center Drive, San Jose, California 95002, USA）；
- 如果在欧洲、中东、非洲、环太平洋或澳大利亚地区下载软件，则为 McAfee Ireland Limited（营业地址位于 Building 2000 City Gate, Mahon, Cork, Ireland）；或者
- 如果在日本下载软件，则由 McAfee, LLC 授权使用。 如果在日本下载软件，则所有服务由 McAfee Co., Ltd. 提供（营业地址位于 Shibuya Mark City West 1-12-1, Dougenzaka, Shibuya-ku, Tokyo 150-0043, Japan）。
Attn: McAfee Legal Department
5000 Headquarters Drive
Plano, Texas 75024
如果根据《2010 年竞争与消费者法》(CCA)，所有消费者保证均适用于软件或服务，并且 CCA 取消或禁止这些条款的规定排除、限制或修改此类消费者保证，那么我们因提供软件和服务未能遵守此类消费者保证而产生的责任仅限于提供以下补救措施：
本担保由 McAfee Ireland Limited 提供。 请将本担保项下的索赔发送到以下地址：
McAfee Security Australia Pty Ltd
40 Mount Street
North Sydney, NSW, 2060
Conformément aux dispositions de l’article L. 215-4 du code de la consommation, les clauses suivantes sont reproduites :
Pour les contrats de prestations de services conclus pour une durée déterminée avec une clause de reconduction tacite, le professionnel prestataire de services informe le consommateur par écrit, par lettre nominative ou courrier électronique dédiés, au plus tôt trois mois et au plus tard un mois avant le terme de la période autorisant le rejet de la reconduction, de la possibilité de ne pas reconduire le contrat qu'il a conclu avec une clause de reconduction tacite. Cette information, délivrée dans des termes clairs et compréhensibles, mentionne, dans un encadré apparent, la date limite de non-reconduction.
Lorsque cette information ne lui a pas été adressée conformément aux dispositions du premier alinéa, le consommateur peut mettre gratuitement un terme au contrat, à tout moment à compter de la date de reconduction.
Les avances effectuées après la dernière date de reconduction ou, s'agissant des contrats à durée indéterminée, après la date de transformation du contrat initial à durée déterminée, sont dans ce cas remboursées dans un délai de trente jours à compter de la date de résiliation, déduction faite des sommes correspondant, jusqu'à celle-ci, à l'exécution du contrat.
Les dispositions du présent article s'appliquent sans préjudice de celles qui soumettent légalement certains contrats à des règles particulières en ce qui concerne l'information du consommateur.
Lorsque le professionnel n'a pas procédé au remboursement dans les conditions prévues à l'article L. 215-1, les sommes dues sont productives d'intérêts au taux légal.
针对您的原始订购的自动续订将是无限期的。续订后，您可随时联系客户服务部并至少提前 30 天发出您欲终止订购的通知以终止续订的订购，然后我们将依据当地法律按比例退款。
您和 McAfee 同意，任何由本协议引起或与本协议有关的索赔和争议（以下简称索赔）都将通过受《联邦仲裁法》管辖的保密约束性仲裁解决。这包括由我们、由您、代表您或由与您或我们有关的人员（如雇员、附属公司和继承人）提出的索赔。
您和我们都同意仲裁、法庭或其他机构都不能提出集体诉讼或其他集体、统一或代表诉讼。 所有索赔（无论是通过仲裁还是其他方式）都必须以您或 McAfee 的私人身份单独提出，而不是以所谓的集体诉讼的原告或一员的身份提出。 我们和您都放弃发起或参与集体诉讼或在法庭上向法官或陪审团提起诉讼的权利。
启动仲裁之前，一方必须提前 60 天书面通知另一方。 应将通知发送到我们的地址：McAfee, 5000 Headquarters Drive, Plano, TX 75024，收件人：法务部。通知中必须包括您的姓名、地址、联系信息、引起争议的事实和请求的救济。自争议通知发出之日起 60 天内，您和我们都必须尽一切合理努力通过非正式协商解决争议。 60 天后，如果争议没有解决，任何一方都可以启动仲裁。 这些通知义务并不会修改适用于所有索赔的诉讼时效。
- 将有一名中立的仲裁员，其可以是在相关司法管辖区执业 10 年以上的律师，或是根据美国仲裁协会 (AAA) 规则选出的退休法官。仲裁员将受本协议条款约束。
- 仲裁规则（AAA 的商业仲裁规则或消费者仲裁规则）经本协议修改后将适用。
- 除了金额低于 25,000 美元的索赔或反索赔之外，仲裁员将提供合理的书面决定，解释裁决所依据的基本调查结果和结论，并且裁决将保密，只有在获得判决需要时或法律另有规定时才披露。
本仲裁协议将优先于仲裁规则中的冲突条款或其他适用仲裁条款。 如果本仲裁协议的任何部分被视为无效或不可强制执行，不得影响仲裁协议其他条款的效力；但规定 (a) 如果对集体仲裁的禁止规定被视为无效，则本仲裁协议应全部无效；以及 (b) 如果对以私人检察长身份提起的代表索赔之仲裁的禁止规定被视为无效，则仲裁协议仅对此等索赔无效。
在线争议解决服务 (ODR) 与替代性争议解决机制 (ADR)。 法律要求我们提供我们网站到欧盟 ODR 平台的链接：https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint。 如果您向我们提出投诉，我们没有必要使用 ADR。 如果我们使用内部投诉处理程序没办法解决您提出的投诉，我们将就我们是否准备向 ADR 提起请求，通过书信或电子邮件联系您。 您可以通过我们的网站联系我们。
上次更新日期：2021 年 3 月 31 日
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 Home Network in any way that could damage, disable, overburden, or impair the Home Network, or interfere with anyone else's use of the Home Network, (iii) not to attempt to gain unauthorized access to the Platform or the App, through hacking, password mining or any other means, (iv) not to attempt to reverse engineer any portion of the Platform or the App, or attempt to infringe the intellectual property rights of others in any way, (v) not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Home Network or App, (vi) to act responsibly and not use the Home Network or App for any fraudulent, unlawful, harassing, abusive, illegal, or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. You further acknowledge and agree that a violation of these Terms may result in a denial of access to the Home Network and App without notice and may subject you to administrative penalty and/or criminal liability.
Additionally, if you are a Home Network Administrator, you agree that you will not permit anyone else to access or use your Account.
5. SECURITY WARNING
Wireless communications, including those sent over the Home Network, are not secure communications. McAfee is not responsible for the privacy of activity using the Home Network. For security purposes, activity on the Home Network may be monitored, but there is no obligation on McAfee to do so or to take any action even if it does.
6. AVAILABILITY OF THE PLATFORM; AUTOMATIC UPDATES
Availability of the Platform. While we aim for the Platform to be highly reliable and available, you acknowledge that it may not be available 100% of the time. The Platform is subject to sporadic interruptions and failures for a variety of reasons beyond our control, including router failure, Wi-Fi intermittency, service provider or your mobile carrier uptime, viruses, bugs or other issues present in your router equipment, computer or other devices connected to your Home Network, and your App configurations, among others. You acknowledge these limitations and agree that McAfee is not responsible for any damages allegedly caused by the failure or delay of the Platform. Additionally, you are solely responsible for any fees charged directly by such third parties in connection with your use of the Platform and for your compliance with all applicable agreements and policies provided by such third parties.
Automatic Updates. We may from time to time develop updates, patches, bug fixes, and other modifications to the Software (“Updates”) at no cost to you. Updates may be automatically installed without providing any additional notice or receiving any additional consent from you. By accessing or using the Software, you consent to automatic Updates. You further acknowledge that you may be required to install Updates to use the Software, and to promptly install any Update we provide.
7. PROPRIETARY RIGHTS
McAfee Property. You acknowledge that all of the intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets in the Platform and the App (and in the underlying technology) are owned by McAfee, its affiliates or its licensors. All rights not expressly licensed are reserved.
Feedback. You may choose to, or we may invite you to submit, comments, ideas, suggestions, or concerns about the Platform and the App (collectively, “Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction, and will not place McAfee under any fiduciary or other obligation. You acknowledge that McAfee may use, copy, modify, publish, or redistribute your submissions for any purpose without any compensation to you. You further agree that McAfee does not waive any rights to use similar or related ideas previously known to McAfee, whether developed by its employees or obtained from other sources.
8. LIMITED LICENSE
We are pleased to grant you a nonexclusive, revocable, non-assignable, non-sublicensable, limited license to use the Platform and the App for personal use only and in accordance with these Terms and all applicable laws and regulations. The Platform is intended to be used only on the router on which it is pre-installed, and the App is intended to be used only on a supported mobile device owned by you. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, copyright, trademark, or other proprietary right of McAfee or any third party, whether by estoppel, implication or otherwise. This license is nontransferable and is revocable by us in the event you violate this Agreement. Upon any termination of this license, you must immediately cease all use of the Platform and App.
9. LIMITED WARRANTY; DISCLAIMERS
Except for the limited warranty below, McAfee disclaims any and all other warranties, and any and all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions on or from the Home Network or App, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links on the Home Network or App, including but not limited to any errors in or omissions contained therein, (c) the unavailability of the Home Network or App, (d) your use of the Home Network or App, (e) your use of any equipment or software in connection with the Home Network or App, or (f) information you might access or encounter or any activity that results from your access, encounter or activity on the internet.
Any dealings with any third parties (including advertisers and/or sponsors) appearing on the Home Network, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and those third parties. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. McAfee does not assume any responsibility or liability for the actions, products, or website contents of any third parties. You should carefully review their privacy statements and other conditions of use.
The Platform, Home Network, and App are provided on an “as is” and “as available” basis without warranties of any kind. McAfee makes no warranties or representations, and expressly disclaims any and all warranties, including but not limited to the implied warranties of design, merchantability, fitness for a particular purpose, and title, any warranties arising from a course of dealing, usage, or trade practice, and any warranties of non-infringement of any third party's patent(s), trade secret(s), copyright(s) or other intellectual property rights. McAfee will not be liable for any damages (including direct, indirect, incidental, consequential, special or punitive). McAfee does not warrant that the operation of the Home Network or App will be uninterrupted or error-free. No oral or written information given by McAfee or an authorized representative of McAfee shall create any warranty.
In addition, McAfee does not represent or warrant that the Platform, Home Network, and App are accurate, complete, reliable, current or error-free, or that the content or websites that you or users of your Home Network request, receive, or visit will be safe, legal, acceptable, or appropriate for a particular age. You acknowledge that any age-based filtering based on your App configurations may not be 100% accurate, and that McAfee is not responsible in the event that certain content on your Home Network is not appropriately filtered according to your configurations. While McAfee attempts to make your access to and use of the Platform, Home Network, and App safe, we cannot and do not represent or warrant that the Platform, Home Network, or App, or our servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Platform, Home Network, and App.
You acknowledge that some security breaches involve attacks on data. For example, there are viruses and other malware that: (i) delete or destroy your data (sometimes individual files, but sometimes even an entire disk by corrupting a master boot record or other key element); (ii) modify your files (such as parasitic malware that attaches itself to a file and modifies the file to enable its own execution and/or propagation); and (iii) encrypt files on your drive (such as ransomware that uses asymmetric encryption). The best way for you to protect yourself from these types of attacks is frequent back-ups of your data to another device/location. That way, you have another copy of the data in the event that the attacking software has deleted, modified, or destroyed the data. It is your sole and exclusive responsibility to back-up all data and files on your device so that they can be restored in the event of an attack on your data. Without such a back-up, it may not be possible to restore the deleted/destroyed/modified data. McAfee is not liable for loss of or recovery of data, or for files or loss of use of systems or networks arising from attacks on data.
Limited Warranty. We warrant that the Platform will perform substantially in accordance with the product description provided at McAfee.com. If you are dissatisfied with any portion of the Platform or the App, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Home Network.
10. LIMITATION OF LIABILITY
Under no circumstances are we or our suppliers, licensors or other third-party service providers liable to you for any: (a) indirect, special, incidental, or consequential damages; (b) theft of personally identifiable information or cost of procuring substitute services, and (c) damages for loss of profits, loss of goodwill, loss of personnel salaries, work stoppage, computer failure or malfunction, loss of data, or negligence of any kind, or for any other nondirect damage or loss. In no event will our, our affiliates’ or our suppliers’, licensors’ or other third-party service providers’ aggregate liability to you for direct damages under these terms exceed the greater of (i) the price you paid for the Platform service, or (ii) if you have not paid McAfee for the use of any services, $100.00 USD (one-hundred U.S. dollars). Nothing in these Terms limits any rights you may have under existing consumer-protection statutes or other applicable laws that may not be waived by contract in your jurisdiction.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold McAfee and its past, present, and future employees, officers, directors, contractors, equity holders, parent companies, subsidiaries, affiliates, licensors and suppliers (collectively, the “McAfee Parties”) harmless from any damages, liabilities, claims, demands, awards, judgments, losses, fees, expenses, and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or in equity, whether in tort, contract, or otherwise (collectively, “Claims”) made by any third party due to or arising out of (i) any misuse by you or anyone you authorize to use the Home Network, your Account, or the App; (ii) your violation of these Terms or any other applicable terms, policies, warnings, or instructions provided by McAfee or a third party in relation to the Home Network or App; (iii) any Feedback you provide; or (iv) your violation of any law or the rights of a third party. You agree to promptly notify McAfee of any third party Claims, cooperate with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that McAfee Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and McAfee.
12. BINDING ARBITRATION AND CLASS ACTION WAIVER
Agreement to Arbitrate Disputes. Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“Claim”) by either you or us against the other arising from, relating to or in any way concerning the Terms, the Home Network, the App, or any other services you receive from us (or from any advertising for any such products or services) shall, at the demand of either party, be resolved by confidential binding arbitration. This agreement to arbitrate also includes: (i) claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) Claims by you, and also Claims made on your behalf or connected to you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy; (iii) Claims that relate directly to us, and/or to our parent, affiliates, successors, assignees, employees, and agents; and (iv) Claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. You and we agree that no class action, consolidated action, private attorney general or other representative claims may be pursued in arbitration, nor may such actions be pursued in court. By accepting this arbitration agreement, you agree to waive the right to initiate or participate in a class action, representative action, private attorney general action or consolidated arbitration in any matter encompassed by this arbitration provision.
Notice of Dispute. The party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating arbitration. Notice should be sent to McAfee, 5000 Headquarters Drive, Plano, TX 75024, Attention: Legal Department. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested. You and McAfee will attempt to resolve any dispute through informal negotiation within 60 days from the date of the Notice of Dispute is sent. After 60 days, you or we may commence arbitration.
Administration of Arbitration. If any dispute is not resolved by informal negotiation, any claim, dispute, or controversy will be, at the demand of either party, conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”), and not state law. You are giving up the right to litigate (or participate as a party or class member in) all disputes in court before a judge or jury. Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding shall be confidential. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years’ experience, or a retired or former judge selected in accordance with the rules of the AAA. The arbitrator is bound by the terms of this Agreement, and the arbitration shall be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (the “Arbitration Rules”). For more information, see adr.org or call 1-800-778-7879.
All arbitration proceedings shall be conducted in English, and the United States FAA shall govern the interpretation, enforcement, and proceedings pursuant to the binding arbitration clause in these Terms. The award shall be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law. You and we further agree that a judgment may be entered upon the award by any court having jurisdiction. The arbitration award shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other dispute.
Costs. The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse your filing fee. We will pay the fees and costs for the first day of any hearing. All other fees and costs will be allocated in accordance with the arbitration rules. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so. Each party shall bear the expense of their respective attorneys, experts, witnesses, and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Right to Resort to Provisional Remedies Preserved. Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies.
Conflicting Terms. In the event of a conflict between the Arbitration Rules and this arbitration agreement, this arbitration agreement shall govern. If any portion of this arbitration agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the arbitration agreement, provided, however, that (a) if the prohibition on classwide arbitration is deemed invalid, then this entire arbitration agreement shall be null and void; and (b) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration agreement shall be null and void as to such claims only. This arbitration agreement shall survive the termination or cancellation of these Terms. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement shall control.
Waiver of Jury Trial. If for any reason a claim proceeds in court rather than through arbitration, you and McAfee agree that there will not be a jury trial. You and McAfee unconditionally waive any right to trial by jury in any dispute that in any way relates to or arises out of these Terms or from any services you receive from us (or from any advertising for any such services). In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court.
13. GOVERNING LAW
Except as provided in Section 18 below, these Terms, your access to and use of the Home Network, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Terms, including any disputes between you and McAfee, will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. If for any reason, the laws of the State of New York are found not to apply, then these Terms, the use of the Platform, the relationship of the parties, and any disputes arising out of, concerning, or relating to these Terms, including any disputes between you and McAfee, will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to the Home Network.
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 Home Network and App, the relationship of the parties, and any disputes arising out of, concerning, or relating to these Terms, including any disputes between you and us, will be governed by and construed in accordance with Japanese law without regard to its choice-of-law rules.
19. ADDITIONAL TERMS FOR THE APP
NOTICE REGARDING APPLE
Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad:
You and McAfee acknowledge that these Terms are solely between you and McAfee, and not with Apple, Inc. ("Apple"), and that McAfee, not Apple, is solely responsible for the Software, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store ("App Store"). You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Software ("Apple Usage Rules") as of the date you download the App. In the event of any conflict between the terms and conditions of the Apple Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Apple Usage Rules will govern if they are more restrictive.
Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Apple Usage Rules.
Maintenance and Support. McAfee is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of McAfee. However, you understand and agree that, in accordance with these Terms, McAfee has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.
Product Claims. You and McAfee acknowledge and agree that as between Apple and McAfee, McAfee, not Apple, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and McAfee acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, McAfee, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any end-user questions, complaints or claims with respect to the App should be directed to: http://service.mcafee.com
Third Party Beneficiary. The parties acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third party beneficiary thereof. However, the right of McAfee to terminate, rescind, or make any change to these Terms is not subject to the consent of any other person.
20. CONTACT US
Virus Removal & Techmaster Services
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.
1. Accepting this Agreement and Modifications – By using our Services or clicking an acceptance button and/or installing any software, you agree unconditionally to be bound by 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.
2. Services Description – Our Services cover a wide range of technical support issues on specified PCs, tablets and mobile devices (“Device” or “Devices”). During the applicable term, you are entitled to contact our support specialists (“Service Agent”) through telephone, chat, or remote computer access to obtain the specific type of Service you purchased (“Service Ticket”). The Service Agent will undertake reasonable efforts to complete the Service during your interactive session. You will have seven days after the session concludes to contact us for additional assistance for the same issue before we consider the Service Ticket fulfilled and closed. Additional limitations may apply depending on the specific terms of the offer as set forth in Section 6.
3. Specific Services and Non-Transferability – You may have purchased one or more of any of the following Services as described below:
|SERVICES||DESCRIPTION OF SERVICE|
|Virus Removal Service||Our Service Agent assesses your Windows PC to determine whether it has been infected by malware, and uses commercially reasonable efforts to diagnose and remove any malware found.|
|Tune-Up for PC||Our Service Agent assesses the operational health of your computer, and takes steps to improve its efficiency. This may entail adjustments to system settings and the disabling or removal of unnecessary applications and system clutter.|
|Set-Up & Optimize||Our Set-Up & Optimize services offer remote, over the phone guidance in setting up your computer, smartphone or tablet. Get experienced help setting-up your home network, connecting the right peripheral devices, improving your PCs performance, or installing common software.|
|Advanced Troubleshooting||Our Advanced Troubleshooting services offer remote, over the phone help for troubleshooting and resolving computer problems or optimizing your PC performance.|
|Concierge Gold||A subscription that includes all the Services described above.|
|Concierge Platinum||A subscription that includes all the Services described above, as well as a one-year license for McAfee Total Protection and McAfee TechMate.|
The Services are not transferable. You may not sell, lease, license, rent, loan, resell or otherwise transfer, with or without consideration, the Services, without our written approval in advance. You may not permit third parties to benefit from the use or functionality of the Services via a timesharing, service bureau or other arrangement on behalf of any other third party or with respect to any hardware or software not personally owned by you. This Agreement shall apply to any other Services whether or not listed in the chart above, if there is no other applicable terms of service.
4. System Requirements and Your Obligations – All hardware, software and system requirements for utilizing our Services are listed on our website on the PDP. To receive the Services, a high speed internet connection is highly recommended and may be required. Some Devices may not be able to receive the Services even if initial testing shows that your network connection is qualified, or that your Device type and/or operating system is supported.
You agree that you are a legal license holder of the software on your Device and your use of the Services and the Internet is solely at your own risk. To receive the Services, you must agree to: (1) follow the procedures and fulfill the requirements we provide for the Services; (2) work with the Service Agent performing the routines they specify; (3) have full access to your Device and hardware that are the basis of the problem, (4) backup your Device content before your session begins; (5) be responsible for any loss, alterations or corruption of your data, software, or files; (6) ensure your Device meets all requirements and specifications required for each software application installed; (7) provide the Service Agent with required passwords and key codes; (8) ensure you have all legal rights, including copyrights for all software and other files on your Device; (9) assume responsibility for problem resolution due to third party hardware and software compatibility issues; and (10) indemnify us and our subcontractors from and against any and all liabilities, damages, claims, or proceedings arising out of your failure for not complying with the above items.
5. Remote Access and Third Party Applications – In order to provide the Services, we may ask you to download and install certain tech support enablement software (“Support Tools”) that allows remote access to your Device. You authorize us to remotely access and take control of your Device using the Support Tools during any interactive sessions. If you do not authorize remote access, do not download the Support Tools. We may use third party Support Tools with additional licensing terms that apply. We will undertake reasonable efforts to remove the Support Tools after each session; however, the Support Tools may leave behind system report(s) and/or activity log file(s). In addition, for subscription services, we will install TechMate software on your Device, which performs tune-ups and other system performance improvements during the term of your subscription. This software will be deactivated upon the expiration of the subscription.
6. Service Limitations – Services may be subject to any of the following limitations; refer to the applicable Product Description Page ("PDP"), your purchase confirmation email and/or offer details for limitations specific to your purchase:
- Language and geographic limitations;
- System limitations;
- Specific terms of the offer.
7. Limited Redemption Period and Refund Rights – Your right to use any of the Services, as well as your rights to obtain a refund for any service not used, vary depending on the type of Service(s) purchased as specified on your purchase confirmation email. Note: Some states and jurisdictions do not allow for the limitation of refund rights as described in this clause so this clause many not apply to you. Furthermore, this clause does not affect any other applicable refund rights.
8. Single Incident Services: Payment and Refunds – Single Incident services (“Single Incident Services”) shall be provided on a per-incident basis. The term “per-incident” means that the service will address a single issue or problem for a customer. You agree that we may charge to your credit card or other valid payment mechanism requested by you and approved by us all amounts due and owing to us for any Single Incident Service. Unless otherwise agreed by us in writing, all payments for the Single Incident Services must be made at the time of purchase prior to receiving the Services from us. Refunds are only available for paid, standalone purchases of Single Incident Serviceware suite.
- For PC Tune-Up Incident Services, you are eligible for a refund within thirty (30) days of purchase in the event any of the folowing apply:
1. Purchased the wrong service offering
2. Service was not used
3. Issue could not be resolved
4. Service was not available
5. Duplicate purchase or other error in purchase
- For Single Incident Services such as VRS, your eligibility for a refund is subject to applicable redemption limitations as set forth on the PDP. All Single Incident Services have a customer satisfaction 30-day money back guarantee.
No refunds are offered for Services bundled with other software or included in a software suite.
9. For Subscription Services: Automatic Renewal and Cancellation – See "Payment & Support Terms" in the License Agreement
10. 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
11. 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.
12. Disputes: See the License Agreement Provision on Binding Arbirtaration and Class Action WaiverContracting Entities:
13. 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
14. Limitation of Liability, General Legal Provisions, and Governing Law: See License Agreement.
15. 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 Notice which 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.
16. McAfee Contact Information
Customer Service & Technical Support: http://service.mcafee.com
Attn: McAfee Legal Department
5000 Headquarters Drive
Plano, Texas 75024
McAfee Website Terms of Service
1. Introduction and Scope
This document is an agreement between You and McAfee, LLC and its subsidiaries (“McAfee,” “our,” “we” or “us”). You acknowledge and agree that by accessing or using this website or other websites or webpages owned and operated by McAfee or its subsidiaries, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply. These Terms of Service govern your access to and use of McAfee.com and other websites or webpages owned and operated by McAfee or its subsidiaries (the “McAfee Sites”), including any content functionality and services offered on or through the McAfee Sites. If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use the McAfee Sites.
Please consult our [Legal Landing Page] for more information regarding our [Privacy Notice], [DMCA Copyright Policy], [Refund Policy], [Terms of Sale], [Anti-Piracy Policy], [Trademark Guidelines], [Virus Protection Pledge] and other valuable information (the “Policies”). All of these policies are incorporated into these Terms of Service by reference.
2. Change to the Terms of Service
McAfee may revise these Terms of Service at any time without giving notice. All revisions are effective immediately when posted, and apply to any access to and use of the McAfee Sites thereafter. Your continued use of the McAfee Sites following the posting of changes to these Terms of Service constitutes acceptance of those changes. If you do not agree to any changes made to these Terms of Service, you may not access or use the McAfee Sites.
3. Accessing the McAfee Sites and Account Security
We reserve the right to withdraw or amend any of the McAfee Sites, and any service or material we provide on the McAfee Sites, at our sole discretion without notice. We will not be liable if for any reason all or any part of the McAfee Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the McAfee Sites, or all of the McAfee Sites, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the McAfee Sites.
- Ensuring that all persons who access the McAfee Sites through your internet connection are aware of these Terms of Service and comply with them.
To access the McAfee Sites or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the McAfee Sites that all the information you provide on the McAfee Sites is correct, current and complete. You agree that all information you provide to register with the McAfee Sites or otherwise, including but not limited to through the use of any interactive features on the McAfee Sites, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the McAfee Sites or portions of them using your user name, password or other security information. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree that you are entirely responsible for the security of your password and for all aspects of keeping your account secure. Furthermore, you are entirely responsible for any and all activities that occur on your account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you can be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service. Additionally, we reserve the right to determine if you have violated these Terms of Service, and to take any other action we deem appropriate, including termination or suspension of your access to and use of the McAfee Sites.
4. Intellectual Property Rights
All content, features and functionality on the McAfee Sites, including, but not limited to, Marks (defined below), designs, text, graphics, sounds, images, videos, software, and other McAfee Site materials are the intellectual property of McAfee, one of its affiliates, its licensors or other providers of such material, and (i) are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and (ii) except as stated herein, may not be modified, copied, displayed, transmitted, published, reproduced or distributed in any form without our prior written permission. If you wish to make any use of material on the McAfee Sites prohibited by this section, you may request permission by writing to: email@example.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the McAfee Sites in breach of these Terms of Service, your right to use the McAfee Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the McAfee Sites or any content on the McAfee Sites, except for the nonexclusive, limited license expressly granted to you, is transferred to you, and all rights not expressly granted are reserved by McAfee. Any use of the McAfee Sites not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Provided that you comply with these terms, McAfee grants to you a nonexclusive, limited license to access and use the McAfee Sites as a current or potential customer, vendor, or business partner of McAfee or for non-commercial purposes. You may not use the McAfee Sites for any other purpose. We reserve all rights not expressly granted herein.
5. Trademarks and Brands
McAfee, the McAfee logo, and all related names, logos, product and service names, designs and slogans (“Marks”) are the exclusive and valuable property of McAfee or its subsidiaries. The Marks can only be reproduced or displayed with our specific prior written permission, and only in accordance with [McAfee Trademark Policy and Guidelines.]
6. Limited Copyright Permission
Subject to the terms of an applicable software or service license or other written agreement, McAfee grants you permission under its copyrights to display, copy, or download materials from the McAfee Sites for personal, non-commercial and informational use only, provided that You DO NOT:
- Modify the Materials;
- Remove or alter any copyright or other proprietary notices contained in the Materials;
- Frame or utilize framing techniques, to display the Materials at a domain not owned by McAfee; or
- Use any McAfee-owned mark or product name as a meta-tag or other “hidden text” for search engines in a manner that does not inure benefit to McAfee.
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: firstname.lastname@example.org
LAST UPDATED: June 14, 2017
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.
- Refund Eligibility
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 Virus Protection Pledge
1. Confirm your McAfee Virus Protection Pledge eligibility:
- Sign in to My Account
- Click on the tab of the device you think might be infected
- Select Installed McAfee Apps
- Look for “Virus Protection Pledge”
|If you see...||It means...|
|Virus Protection Pledge: Available||You’re covered with our Virus Protection Pledge|
|Virus Protection Pledge: Not Available||You’re not yet covered – sign up for Auto-renewal to enjoy our Virus Protection Pledge|
Don’t see anything? Your subscription doesn’t offer our Virus Protection Pledge
2. 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.”
3. 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.