RealDefense Terms of Service and License Agreement

Posted: May 25, 2018
Effective: May 25, 2018

These terms of service and license agreement (the "Agreement") are issued by RealDefense, LLC, a Delaware Corporation ("RealDefense") and governs your use and access to its products and services, including the MyCleanID, MyCleanPC, USTechSupport and other downloadable software (the "Software"), the MyCleanID, MyCleanPC, USTechSupport and online technical support services (the "Services"), and the RealDefense websites including mycleanid.com, mycleanpc.com, and ustechsupport.com (the "Sites") (collectively, the "Products").

These terms are provided in connection with the RealDefense Privacy Policy (the "Privacy Policy"), which can be found here. Please read this Agreement and the Privacy Policy carefully. By using the Products you agree to be bound by this Agreement and the Privacy Policy. If you are using the Products on behalf of your employer or another organization, you hereby agree to this Agreement on behalf of that employer or organization.

This Agreement may be updated periodically to account for changes to existing products, the introduction of new products, improvements, or features, or a change in the legal or regulatory framework regarding the Sites, Services, or Software. If there is a change to the Agreement, RealDefense agrees to provide notice of the revised Agreement, which may consist of a public notice on the Sites, no less than thirty (30) days before it will become effective.

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

What you Promise to Us

  1. You are at least eighteen (18) years old and have the authority to enter into legally binding agreements, or are over the age of thirteen (13) and have a legal parent or guardian actively monitoring and involved with your use of the Products.
  2. You have read, and agree to the terms and conditions of, the Privacy Policy.
  3. You will not misuse the Products in any manner nor assist, support, or suggest anyone else do so, including in order to:
    • probe, scan, or test the vulnerability of any system or network,
    • breach or otherwise circumvent any security or authentication measures,
    • access, tamper with, or use non-public areas or parts of the Products, or shared areas of the Products that you do not have permission to access,
    • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services,
    • access, search, or create accounts for the Products by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk),
    • send unsolicited communications, promotions or advertisements, or spam,
    • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing",
    • promote or advertise products or services other than your own without appropriate authorization,
    • resell, repackage, rebrand, or otherwise distribute the Products unless specifically authorized in writing to do so,
    • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence,
    • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment,
    • violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory, or misleading, or
    • violate the privacy or infringe the rights of others.
  4. You will use the Products only for a valid legal purpose and only as permitted by applicable law, including federal and state data privacy regulations and export control laws.
  5. With respect to export control laws, you agree that you will not provide or export the Products to (i) nationals or residents of Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country as to which the U.S. has embargoed goods; or (ii) any person included in the U.S. Treasury department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
  6. You will not try to undermine our security safeguards, source code protections, or digital signing mechanisms, or unlawfully copy, reproduce, distribute, publish, or publicly display any RealDefense intellectual property, including but not limited to any copyrights, trademarks, patents, software, domain names, trade secrets, or information that any person would reasonably believe is confidential.
  7. You will cooperate with all RealDefense employees, technicians, and contractors. In certain cases, technicians may request additional information, shots, or files from your device. Please be advised that without your cooperation, the services we provide may not be as reliable or effective.

Product Terms and Conditions

Software Usage

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

Identity Protection Services

  1. RealDefense partners with Identity and Credit Services, Inc. ("IDCS") to provide you with comprehensive identity protection. Use of the credit monitoring and identity protection services is subject to additional terms and conditions from IDCS.
  2. Some of Services may provide the opportunity for you to review a copy of your credit report and score or alerts derived from changes to your reports (the "Credit Monitoring Service"). By using the MyCleanID Product which provides the Credit Monitoring Service, you agree that you are providing written instructions and your consent in accordance with the Fair Credit Reporting Act authorizing MyCIeanID and any monitor permitted by you and RealDefense's service providers, including but not limited to IDCS, to obtain your consumer report information, including your credit information, from the personal credit report maintained by one or more of three nationwide credit reporting agencies, Equifax, Experian and TransUnion, or any other credit bureau with which RealDefense and its service providers obtains consumer information.
  3. You agree and hereby authorize IDCS, its agents and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time.
  4. You hereby waive any and all claims against IDCS., and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information.
  5. Your further authorize IDCS and its agents and employees to obtain various information and reports about you (or about your child that you have enrolled, if applicable) in order to provide the products and/or services, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.
  6. While enrolling for the MyCleanID product, IDCS may ask you for the following types of information:
    1. contact information (such as name, address, phone number, and email address);
    2. sensitive information (such as date of birth, driver's license number and social security number);
    3. personal information to verify your identity; and
    4. financial information (such as credit card number).

    This information is required in order to verify your identity, charge you the agreed upon fees for our products and services, and to fulfill our obligation to provide our Products and Services to you, including communicating with third parties as necessary to provide such products and services, such as identification verification companies, consumer reporting agencies, payment validation companies, law enforcement agencies, or others.

  7. While we will help you with any issues related to the Credit Monitoring Service, if you need to contact IDCS, you may do so by writing to its agent at:
    Identity & Credit Services, Inc.
    909 N. Sepulveda, Suite 210
    El Segundo, CA 90245

Remote Technician Services

RealDefense may offer remote technician services, including live technical support and troubleshooting over the phone or through your computer or device (collectively, the "Remote Services"). Use of the Remote Services is such to this Agreement.

  1. You acknowledge and agree that:
    1. By using the Remote Services, you authorize RealDefense, its employees and contractors, to access and control your computer, including the installation of and use of software, the collection of system data, and modifying your device settings for the purposes of diagnosis, service, and repair.
    2. Other than as set forth in the warranty section, RealDefense, its employees and contractors, shall have no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the Remote Services.
    3. RealDefense does not provide separate backup copies or support installation of unlicensed software to customers. Please ensure that you have a licensed copy of all necessary software.
    4. RealDefense will use its commercially available resources to resolve your problem. However, we cannot guarantee that we can solve 100% of problems, and that the provision of services may not be successful because the problem is beyond our ability to resolve remotely.
    5. RealDefense may, but has no obligation to, monitor and record the Remote Services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to RealDefense to monitor and record the Remote Services including phone calls and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Remote Services to you and to protect ourselves and/or our customers; and to enhance the types of Remote Services we may provide to you in the future.
    6. Agents providing Remote Services do not backup or restore data as part of the Remote Services, and RealDefense shall have no liability for any loss or damage to information on your computer or device in connection with the Remote Services. You are solely responsible for maintaining and backing up all your information, data, text, software, or other stored materials ("Data") before use of the Remote Services.

Online Backup

  1. RealDefense may offer online backup services ("Online Backup Services") designed to upload and synchronize your Data to an internet-connected facility. Use of the Online Backup Services is such to these terms and conditions.
  2. RealDefense agrees to provide the Online Backup Services in a professional and workmanlike manner and in compliance with all applicable regulations.
  3. RealDefense will use its commercially reasonable efforts to assist you with backing up and recovering your Data using the Online Backup Services. However, there are events beyond our control and we cannot guarantee that we will be able to recover your Data.
  4. THEREFORE, YOUR USE OF THE PRODUCTS ARE AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR: (1) ANY DAMAGE TO YOUR COMPUTER SYSTEM; AND (2) ANY LOSS OF OR DAMAGE TO DATA OR INFORMATION THAT RESULTS FROM YOUR USE OF THE PRODUCTS.
  5. If you decide to terminate or suspend payment of the Online Backup Services, you will have ten (10) days from the date of termination or suspension to remove all your accessible Data from the Online Backup Services. After the ten (10) day period expires, we will delete your Data.

Intellectual Property Rights

  1. Your use of the Products constitutes your agreement to comply with all applicable intellectual property laws, including copyright laws. You agree not to upload, download, display, perform, transmit or otherwise distribute any information in any format ("Content") in violation of any person's or entity's copyrights, trademarks, or other intellectual or proprietary rights. You also agree that you are solely responsible for any violation of any intellectual property law or any infringement of any person's or entity's intellectual property rights caused by any Content that you use or transmit by means of our Sites, Software, Services, networks, systems or servers, or that is used or transmitted by another person by means of our networks, systems or servers using the Software or Services you have licensed or purchased from RealDefense. You acknowledge that RealDefense's policy generally is to cooperate in connection with investigations and litigation involving claims of infringement of intellectual property laws.
  2. You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that: (1) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise constitute a violation of applicable law; or (3) advertises or otherwise solicits funds or is a solicitation for the purchase or sale of goods or services. RealDefense reserves the rights to: (1) terminate your ability to upload, download, display, perform, transmit or otherwise distribute such Content; (2) terminate your Software license and your subscription for Services; and (3) delete any such Content from RealDefense's servers.
  3. The services provided herein are protected by copyright, trademark, patent, and other US and foreign laws. These terms do not grant you any right, title, and interest in the Services, Software, or any RealDefense trademark, logos, and other brand features. You may not use or display any trademarks or service marks owned RealDefense without RealDefense's prior written consent.
  4. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to: DMCA Agent, c/o RealDefense, LLC, 1541 Ocean Ave, Suite 200, Santa Monica CA 90401; or at DMCA@realdefen.se.
    1. If you have knowledge or evidence or in good faith believe that you or another person's or entity's copyrights are being violated, you may request that RealDefense delete, edit, or disable the infringing information by submitting a take down request to the DMCA Agent containing the following information (the "Takedown Request"):
      1. Your name, address, telephone number, and email address;
      2. An identification of the copyrighted work that you claim has been infringed;
      3. The exact URL or a description of where the alleged infringing material is located;
      4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
      5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
      6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    2. Upon receiving a valid Takedown Request, RealDefense will investigate the claims of copyright infringement and will remove content that appears to infringe the copyright or other intellectual property rights of others and/or suspend or terminate the rights of any licensee or subscriber who is determined to have infringed the copyrights of any other person or entity.

Payment and Billing

  1. You must provide up-to-date billing information in your account. You may do so by changing your payment settings in your account profile at https://ustech.support.com/.
  2. You are responsible for all payments related to the Services and Software under this Agreement. Unless we explicitly invoice and itemize tax charges, your payments shall be exclusive of taxes, and it is your responsibility to ensure that all applicable taxes have been paid.
  3. If you are on a monthly subscription plan, we will automatically bill you on or about the last day of the expiring subscription. If you are on an annual subscription plan, we will send you a notice email within a reasonable time prior to the renewal date reminding you that your plan will renew and payment will be processed on the renewal date.
  4. We will continue to bill your account until it is canceled or terminated. You may cancel your account at any time, by calling us at (888) 427-9359.
  5. Refunds for purchases of standalone Software (not provided as part of a Service) will be granted only to users who contact RealDefense within thirty (30) days of purchase by phone at (888) 427-9359. While we will process your refund within ten (10) business days, it may take your financial institution longer to post the credit to your account.
  6. Monthly and Annual subscription fees are not refundable.
  7. All other charges, fees, and taxes are non-refundable unless explicitly stated.

Termination

  1. You are free to stop using the Products at any time. We reserve the right to suspend or terminate your access to some or all of the Products with notice to you if:
    1. You are in breach of this Agreement,
    2. You are using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
    3. You are delinquent in meeting your payment obligations.
  2. If we do terminate your access, we will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your stuff from Products. If after such notice you fail to take the steps we ask of you, we'll terminate or suspend your access to the Products.
  3. In certain instances, however, we will terminate your account immediately without first providing you notice. This typically occurs if:
    1. You are in material breach of this Agreement,
    2. Providing you notice of termination would cause us legal liability or hinder our ability to service our other customers, or
    3. We are prohibited from doing so by applicable law.
  4. We may decide to discontinue the Services in response to new laws or regulations, or other unforeseen circumstances beyond our control. If we discontinue offering some of all of the Products, we will give you reasonable prior notice so that you can export your data. If we discontinue a Product before your Annual or Monthly Subscription is over, you will receive a pro-rated portion of the fees you have pre-paid.

Warranty

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

Indemnity

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

Limitation of Liability

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

Dispute Resolution

Prior to starting any formal legal proceedings, we would like the chance to resolve your issue ourselves. You agree that before filing a claim against RealDefense, you will contact us, either by phone at (888) 427-9359 or email at support@realdefen.se. Upon receiving notice of your issue, we will attempt to resolve the issue informally. If RealDefense is unable to resolve the problem within thirty (30) days, you or RealDefense may bring a formal legal proceeding.

Arbitration

  1. You and RealDefense agree to resolve any claims relating to this Agreement through final and binding arbitration by a single arbitrator, except as set forth below. This includes disputes arising out of or relating to interpretation or application of this "Mandatory Arbitration Provisions" section, including its enforceability, revocability, or validity.
  2. By accepting this provision, you acknowledge that arbitration is a substitute for litigation, and that you agree to present any disputes to the arbitrator and not a governmental agency, body, or court.
  3. You can decline this agreement to arbitrate by emailing us at: support@realdefen.se here and submitting the opt-out email within thirty (30) days of first registering your account. However, if you agreed to a previous version of this Agreement that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.
  4. The American Arbitration Association ("AAA") will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Los Angeles (CA), or any other location we agree to. The AAA rules will govern payment of all arbitration fees.

No Class Actions

  1. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this "Mandatory Arbitration Provisions" section will be deemed void.

Jurisdiction and Governing Law

This Agreement is governed by California law except for its conflicts of laws principles. You and RealDefense agree that any judicial proceeding to resolve claims relating to this Agreement or the Products will be brought in the federal or state courts of Los Angeles County, California, subject to the mandatory arbitration provisions below. Both you and RealDefense consent to venue and personal jurisdiction in such courts.

Entire Agreement

This Agreement constitutes the entire agreement between you and RealDefense with respect to the subject matter of this Agreement and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. These Agreement creates no third-party beneficiary rights.

Miscellaneous

RealDefense's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of this Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. RealDefense may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Previous versions of our Terms of Service and Privacy Policy can be requested by emailing us at: support@realdefen.se.

Notice for California Users

  1. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice:
    1. The headquarters of RealDefense is currently located at 1541 Ocean Ave, Suite 200, Santa Monica CA 90401 and you can reach us by phone at (888) 427-9359.
    2. The charges for the Services are specified on the Site. If You have a complaint regarding the Services or want to request a paper copy of this Agreement, please contact RealDefense by writing to the address or calling the phone number above, or by e-mail at support@realdefen.se.
    3. The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95384, or by telephone at (916) 445-1254 or (800) 952-5210.