As of the date You register for or enroll in the Service, as defined below, the parties agree as follows:
1. Definitions. The "Service" means the Premium Service and/or the Basic Service, for which You enroll, as the case may be, determined in accordance with your registration & the terms hereof. The "Premium Service" is one of the following, depending on your election at registration: (i) AllClear ID PROTM or (ii) AllClear ID PLUSTM. A Premium Service may include a Service that a third party is purchasing for You on your behalf; i.e., it may be free to You but still a Premium Service. The "Basic Service" is AllClear ID Basic & is provided at no cost. References to the Service include any use You make of the interface available at www.allclearid.com (the "Site").
2. Provision of the Service. AllClear ID will provide You with the Service You elect at registration, subject to the terms & conditions of this Agreement. Additional action may be required by you after registration in order to activate your phone alerts & monitoring options. Failure to activate or use an available feature of the Service does not affect the cost of the Service.
3. Subscription Fee. The subscription fee for the Premium Service, if applicable, will be billed at the retail price currently in effect, at a previously approved & agreed-upon pricing, or in accordance with the applicable promotion code on the Site & according to the terms described herein. If You have questions regarding your fee, please contact Customer Service toll free at 1.855.434.8077. AllClear ID will continue to bill your payment method on a periodic basis until the expiration or termination of your Premium Service. You may cancel your subscription for the Premium Service (if any) for which You have registered in accordance with Sections 4 & 5. If You pay monthly & wish to cancel, You must call Customer Service prior to the start of the following month. If You pay for multiple months in advance & cancel your Premium Service prior to the end of the period for which You have paid, AllClear ID will refund payment for only any full, unused months. If a third party has paid on your behalf & You cancel, You will not receive a refund.
4. Free Trial. If You receive a Premium Service as the result of a third party procuring it for You on your behalf, this Section is not applicable to You. If You are subscribing to a Premium Service on your own behalf, it may start with a free trial period. If You do not cancel before the end of such free trial period, You agree that AllClear ID is authorized to charge You a monthly subscription fee for such Premium Service at the current rate to the payment method You provided during registration. You must provide a valid payment method to enroll in any free trial. AllClear ID will begin billing your payment method for monthly subscription fees at the end of the free trial period, unless You cancel prior to the end of the free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. If You cancel prior to the end of your free trial period, there will be no charges to your payment method.
5. Term & Termination. (A) Premium Service. Your subscription to the Premium Service commences upon your registration & covers identity theft events discovered after registration. If a third party has procured the Premium Service on your behalf, your subscription will terminate at the end of the term specified during registration, unless You opt to renew. If You are subscribing to a Premium Service on your own behalf, then at the end of your initial subscription period, your subscription will automatically renew on a month-to-month basis until You terminate it in accordance with this Section or fail to provide payment when due. In addition, the Premium Service may be terminated or suspended at any time with or without notice if payment is not received when due or if You breach any of the terms & conditions set forth herein. If your subscription to the Premium Service expires because You fail to renew it or fail to provide payment when due, AllClear ID may convert You to the Basic Service for one (1) year, subject to the terms & conditions applicable to the Basic Service as set forth herein. If You transfer from one Service to another, the terms & description of such newly elected Service will apply. In the event that you elect to transfer to a new Service, You will forfeit any remaining entitlement in your previous Service. Notwithstanding the foregoing, if You are affected by two separate incidents from the same source company, your newly elected Service will continue after the term of your previous Service, with no forfeiture. (B) Basic Service. Your subscription to the Basic Service commences upon expiration of your Premium Service. Your Basic Service will automatically renew annually unless (i) You elect to terminate your subscription or (ii) AllClear ID notifies you of its discontinuance of the Basic Service offering. You may cancel your subscription to Basic Service at any time. (C) Termination Procedure. For security reasons, AllClear ID may require reasonable identification verification before completing any request to terminate this Agreement or to cancel the Service.
7. Restrictions. You will use any Service only for your benefit & for its intended purpose. You will not permit any third party to: (a) except as expressly set forth in this Agreement, use, copy, modify, create derivative works of, distribute, sell, sublicense, or transfer the Service; (b) remove or alter any AllClear ID notices or markings, or add any other notices or markings within the Service; (c) decrypt or attempt to decrypt the Service; (d) derive or attempt to derive the source code of or decompile the Service; or (e) disassemble or reverse engineer the Service. If statutory rights make any part of this section void, You will provide AllClear ID with detailed information regarding any such activity.
9. Disclaimer of Warranties. ALL SERVICES ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY, & ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, NON-INTERFERENCE, ACCURACY, & NON-INFRINGEMENT ARE DISCLAIMED. ALLCLEAR ID DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR ACHIEVE SPECIFIC RESULTS. THE SERVICE IS NOT A CREDIT COUNSELING SERVICE. ALLCLEAR ID DOES NOT PROMISE TO HELP YOU IMPROVE YOUR CREDIT RECORD, HISTORY, OR RATING.
10. Limitation of Liability. ALLCLEAR ID WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION COST OF COVER), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALLCLEAR ID SHALL NOT BE LIABLE FOR ANY 3RD PARTY CLAIMS. OUR CUMULATIVE LIABILITY WILL BE LIMITED TO WHAT WAS PAID BY YOU OR ON YOUR BEHALF FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM. THIS SECTION IS A FUNDAMENTAL PART OF THE BASIS OF OUR BARGAIN, WITHOUT WHICH ALLCLEAR ID WOULD NOT BE ABLE TO PROVIDE THE SERVICE, & WILL APPLY DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. If some or all of the limitations & exclusions in Sections 11 & 13 are held unenforceable, warranties will be disclaimed, & AllClear ID’s liability will be limited to the greatest extent permitted under applicable law.
11. Compliance with Law. You warrant that in using the Service, You will comply with all applicable laws, including without limitation with all regulations of agencies of the U.S. Government regarding export & re-export restrictions. You will hold harmless & defend, at our option, AllClear ID from any third party claim against AllClear ID arising from your failure to comply with this Agreement.
12. General. (A) Any notice hereunder will be in writing & sent by mail, return receipt requested, by e-mail, or by reputable courier addressed to the other party (i) if to AllClear ID, the address set forth above or at firstname.lastname@example.org & (ii) if to You, at the address or e-mail address You provide when You register for the Service, or at such other address of which You give notice in accordance with this provision. It is your responsibility to keep your contact information up to date. Notice will be deemed to have been given when delivered (as confirmed by receipt or other confirmation) or, if delivery is not accomplished by fault of the addressee, when tendered. (B) This Agreement will be governed by the laws of Texas, without regard to conflict of laws. The U.N. Convention on Contracts for the International Sale of Goods does not apply. All disputes will be brought only in a court located in Travis County, TX, & to the fullest extent permitted under applicable law; You consent to the same as the exclusive jurisdiction for claims arising hereunder & waive any objection to venue of such courts. (C) Your rights may not be assigned without written consent by AllClear ID. AllClear ID may assign this Agreement. (D) Failure or delay in enforcing this Agreement will not be deemed a waiver. This Agreement constitutes the entire agreement between the parties & supersedes all prior or contemporaneous agreements with respect to its subject matter. This Agreement may not be amended except in writing or a subsequent click to accept or telephonic method offered by AllClear ID. If any provision hereof is held unenforceable, the remaining provisions will be unaffected. (E) Certain businesses not affiliated with AllClear ID may display the AllClear ID or AllClear Guarantee logo & offer access to the AllClear ID service. Such use or offers should not be construed, in any respect, as an endorsement or guarantee by AllClear ID of the security practices of such businesses. Upon any termination or expiration of this Agreement, all terms will cease, except Sections 8 - 12, which survive.