TERMS OF SERVICE

IDENTITY APP BY LIFELOCK

Effective June 20, 2016

These Terms and Conditions (the "Terms") are a legally binding agreement between LifeLock, Inc. ("LifeLock," "we" “our” or “us”) and you ("you," "your" or "yours"), and describe the terms under which you may use or otherwise interact with the LifeLock Identity application (our "Identity App") and the identity management services we offer through that application (“Services”).

You agree that by pressing ‘Next’ and proceeding with the registration for the Identity App and the Services, you are entering into a legally binding agreement (even if you are using the Services on behalf of a company). This “Agreement” includes these Terms and the Privacy Policy. If you do not agree to this Agreement, do NOT press ‘Next’ and do not access or otherwise use any of the Services.

These Terms apply only to your use of the LifeLock Identity App and Services. Other LifeLock products and services are subject to different terms, including the LifeLock Service Terms available here. In addition, your use of the LifeLock website is subject to the LifeLock Website Terms of Use, which, are available here.

Please read these Terms carefully. They govern your use of the Identity App and Services and include legal provisions that limit our liability. IF YOU DO NOT AGREE TO ALL OR ANY PART OF THESE TERMS, YOU MUST NOT REGISTER FOR OR USE THE SERVICE.

1. Changes to these Terms

WE MAY MODIFY THESE TERMS FROM TIME TO TIME. WE WILL POST THOSE MODIFICATIONS HERE PRIOR TO THE MODIFICATIONS BECOMING EFFECTIVE. WE WILL ATTEMPT TO NOTIFY YOU OF MATERIAL MODIFICATIONS TO THESE TERMS, INCLUDING SENDING YOU A COPY OF THE UPDATED TERMS BY EMAIL IF WE HAVE YOUR EMAIL ADDRESS ON FILE, PRIOR TO THE CHANGE BECOMING EFFECTIVE. YOUR CONTINUED USE OF THE SITE OR OUR SERVICES AFTER ANY SUCH MODIFICATION MEANS THAT YOU ACCEPT THE MODIFIED TERMS.

2. Eligibility

You must be a resident of the United States and 18 years of age to use the Identity App and Services. By registering for and using the Identity App and Services, you represent and warrant that you are a natural person, are over eighteen (18) years of age, are a resident of the United States and use the Identity App and Services only within the United States, and that your use of the Services does not violate applicable laws, and that you agree to these Terms.

3. Description of the Identity App and Services

A. Overview

To use the Lifelock Identity App and Services, you must provide us with your name, email address, and create a passcode. You agree to share this information with LifeLock and our affiliates as necessary to provide the Identity App and Services to you.  You must also agree to these Terms and our Privacy Policy by checking the “I agree” box at the time you register through the Identity App.

The Identity App and Services facilitate your ability to manage and assert your identity in connection with third-party entities, websites, and services, which are supported by the Identity App (collectively, “Third Parties”).  If you use the Identity App and Services, we provide you with the ability to enter and store information such as your login credentials for Third Parties, mailing and billing addresses, credit card information,  phone number, and other account information such as login credentials, rewards numbers and balances, etc. within the Identity App. By using these features of the Identity App and Services, you give LifeLock permission to gather, enter, and store such information. The Identity App may also, at your direction and if available for your email service provider, access and scan your email and its contents to gather some of this information automatically and import it into the Identity App downloaded to your device. By using this feature of the Identity App and Services, you give LifeLock permission to access, scan, and gather information from your email and its contents.  

Information entered by you or gathered and imported through email scanning via your Identity App is never acquired, obtained, or otherwise stored by LifeLock on its systems or servers; it resides solely on your device on which the Identity App is installed. This information is stored locally on your mobile device and in accordance with any backup or cloud storage that you utilize. We do not store the aforementioned personal information on our servers.

The Identity App and Services then facilitate your ability to update, edit, and delete this information as it is relevant to and stored by Third Parties in your accounts or profiles with those Third Parties. At your direction and on your behalf, the Identity App transmits this information to Third Parties to facilitate your ability to manage and assert your identity in connection with those Third Parties. For example, the Identity App may, at your direction, log into your accounts with Third Parties and update your credit card or address information. With your consent, the Identity App may also facilitate a Third Parties’ ability to verify your identity, for example, in connection with account enrollment.

Your use of the Identity App and Service shall at all times comply with all applicable laws, rules, and regulations. You understand that errors or other interruptions may cause our App to not function as intended and by using the Identity App and Services, you accept this risk.

B. Third Parties

In order to facilitate your ability to manage and assert your identity, our Identity App and  Services may need to interact with Third Parties on your behalf, including by:

Please be aware that in using the Identity App Services you are providing your personal information to Third Parties. The Third Parties may have different terms and conditions, privacy policies, and/or business practices than we do. Your use, access, or interaction with Third Parties is governed by those Third Parties’ terms and conditions and privacy policies even if the Identity App is facilitating your use, access, or interaction with those Third Parties.

C. Use of Notifications

The Identity App and Services may include the ability to receive email, push notifications and other notifications from the Services (the "Mobile Alerts"). You acknowledge and agree that we may send you notifications via text (SMS) messages, until you notify us that you no longer wish to receive these Mobile Alerts. You have the ability to change your Mobile Alert preferences in your Identity App settings to not receive such messages.

THE FREQUENCY OF MOBILE ALERTS WILL VARY BASED ON THE KINDS OF ALERTS AND OTHER NOTIFICATIONS (INCLUDING PUSH NOTIFICATIONS ON YOUR MOBILE DEVICE) YOU SIGN UP TO RECEIVE PURSUANT TO YOUR SERVICES. STANDARD TEXT MESSAGING RATES APPLY (INCLUDING WHERE APPLICABLE ROAMING CHARGES), SO PLEASE CONTACT YOUR MOBILE PHONE CARRIER FOR DETAILS AND FEES. YOU WILL BE RESPONSIBLE FOR ALL TEXT MESSAGING AND DATA PLAN FEES CHARGED BY YOUR MOBILE PHONE SERVICE. MOBILE ALERTS ARE PROVIDED AS A COURTESY TO YOU. WE DO NOT GUARANTEE THE ACTUAL, COMPLETE OR TIMELY DELIVERY OF ANY MOBILE ALERTS. WE ARE NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATED TO, THE FAILURE OF ANY MOBILE ALERT TO BE ACTUALLY, ACCURATELY, FULLY OR TIMELY DELIVERED TO YOU FOR ANY REASON WHATSOEVER, INCLUDING THOSE CAUSED BY A TECHNICAL ERROR OR OTHER PROBLEM WITH OUR SYSTEMS, THOSE OF YOUR MOBILE SERVICE PROVIDER, A THIRD PARTY COMPANY OR ISSUES RELATED TO YOUR MOBILE SERVICE ACCOUNT OR MOBILE DEVICE.

4. Our Content

LifeLock may provide content through the Identity App and Services that is the intellectual property, copyrighted and/or trademarked work of LifeLock (collectively, the “Content ”). Content may include LifeLock logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, LifeLock hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Identity App and Services solely for your personal use. Except for the foregoing license, you have no other rights in the Identity App, Services or any Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Identity App, Services or Content in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Content.

5. Your Content

In connection with the Identity App and Services, you may be able to provide us your information (“Your Content”). Examples of Your Content include, but are not limited to, the Third Party services that you use or feedback that you provide on our services. You grant us, our affiliates and successors a worldwide, non-exclusive, royalty-free, license to use Your Content to improve or promote our services. You retain all rights in Your Content, subject to the rights granted to LifeLock in this Agreement.

6. Changes to the Service

We reserve the right to change, modify, add to, discontinue, or retire the Identity App and Services and/or any aspect or feature of the Identity App or Services at any time. We will provide notice of material changes to the Services by emailing you at your email address of record. We have no obligation to provide you with direct notice of any such changes in any other manner. If we update the Services and you object to such change for any reason, your sole remedy shall be to terminate your use of the Identity App and Services.

7. Term and Termination

These Terms will continue until terminated by us or you, in accordance with this paragraph. We reserve the right to terminate the Identity App or Services at any time, with or without prior notice to you. In addition, we reserve the right to terminate your access to the Identity App or Services as well as these Terms at any time, for any reason. At any time, you may terminate your use of the Identity App and Services and thus these Terms on a prospective basis (they will continue to apply retrospectively and to any dispute arising out of your use of our Identity App and Services), by deleting and ceasing to use the Identity App. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

8. Privacy

Your privacy is important to us. Upon acceptance of this, you confirm that you have read, understood, and agree that we may collect and use your information as set forth in our Identity Privacy Policy, which is part of this Agreement.

9. Ownership of Intellectual Property Rights

We retain all rights, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in the Identity App, Services and Content as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services. Further, your use of or access to our website and to any content, materials, data or information available on or via our website or the Identity App and Services, is subject to the LifeLock Intellectual Property Statement, including its applicable provisions on intellectual property, feedback, submissions, and proprietary rights.

10. Local Laws; Export Control

We control and operate the Identity App and Services from the United States of America and the content and features may not be appropriate or available for use in other locations. The Identity App and Services may not be utilized or accessed by persons that reside outside the United States of America. You agree that any personal information we collect about you will be transferred to, stored in, and processed from the United States. By using the Service, you represent and warrant that (i) you are not located in a country outside the United States of America; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

11. Disclaimer of Warranties

We make no promises, representations, warranties or guarantees that the Identity App Services will operate as intended. Errors or other interruptions may cause our App to not function as intended. By using the Identity App and Services, you understand and accept this risk. UNLESS OTHERWISE EXPLICITLY STATED, LIFELOCK, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE IDENTITY APP AND SERVICES, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED IN THE IDENTITY APP. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IDENTITY APP AND SERVICES, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED THROUGH THE IDENTITY APP AND SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LifeLock DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR DEVICE.

12. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIFELOCK, OUR AFFILIATES, OUR RESPECTIVE LICENSORS, LICENSEES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE IDENTITY APP OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT WE ARE FOUND LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS IS LIMITED TO THE LESSER OF (a) ONE THOUSAND U.S. DOLLARS ($1,000) OR (b) THE AMOUNTS PAID TO US FOR THE SERVICE THAT ARE THE BASIS OF THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY. ONLY LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Governing Law

These Terms and the Identity App and Services provided hereunder will be governed by the laws of the State of Arizona, without regard to any laws that would direct the choice of another state's laws and, where applicable, will be governed by the federal laws of the United States.

14. Indemnification

You will indemnify and hold LifeLock (and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees, and third-party partners) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or regulation, or the rights of any third party.

15. General

Neither these Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void. Any waiver of our rights under these Terms must be in writing, signed by LifeLock, and any such waiver shall not operate as a waiver of any future breach of these Terms. In the event any portion of these Terms is found to be illegal or unenforceable, such portion shall be severed from these Terms, and the remaining terms shall be separately enforced. These Terms, and all documents incorporated into these Terms by reference, are the entire Agreement between the parties with respect to this subject matter, and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. Our failure to enforce any of these Terms is not a waiver of such term. These Terms are solely and exclusively between you and LifeLock and you acknowledge and agree that (i) no third party, including a third-party partner of LifeLock is a party to these Terms, and (ii) no third party, including any third-party partner of LifeLock has any obligations or duties to you under these Terms.