This is an agreement ("Agreement") between you and PAKWiFi, LLC ("PAKWiFi", "our", "we" or "us"), or depending on where you live or how you obtained the product or service, one of our affiliates listed in Section 6. This Agreement sets out your rights and the conditions upon which you may use our software and services ("Software" or "Services"). You should read the document in its entirety, including any linked terms, because all the terms are important and together create this Agreement that applies to you. PLEASE PAY PARTICULAR ATTENTION TO THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 5 THAT AFFECTS HOW DISPUTES ARE RESOLVED.
By clicking an acceptance button, indicating assent electronically, loading the Software or otherwise using the Software or Services, you agree to the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not install, access or use the Software or Services. If you have accepted multiple versions of the Agreement, the most current version that you accepted is the Agreement between you and us and supersedes and replaces all prior versions. To the extent any translated version of this Agreement conflicts with the English version, the English version controls.
This Agreement covers:
License Grant. We are pleased to grant you a personal, non-transferable, nonexclusive term-limited license to install and use any Software and Services for which you have purchased a subscription for personal use on the number of devices and for the number of users specified in your License Entitlement or Service Entitlement, as applicable, subject to the System Requirements ("License"). "License Entitlement" means the number and type of devices and users that are permitted to use the Software, as specified in transaction documents associated with your purchased subscription, which (depending upon the channel from which you purchased the license) may include: the checkout payment page, a product description page on our website, the email confirmation that we send for the purchase, the package if purchased at a retail store, or another transactional document made available to you ("Transaction Documents"). If no licensed device count or user count is specified on your Transaction Documents, the License Entitlement is for a single device and user. "Service Entitlement" means the scope and duration of the Services you purchased, as specified in Transaction Documents. If no scope or duration is specified in your Transaction Documents, the Service Entitlement is for a single device and user for one year. "System Requirements" means the devices and operating systems that the particular PAKWiFi product will function properly with, as set forth on our website. Meeting System Requirements is your responsibility. This may include, but is not limited to, obtaining updates or upgrades from time to time in order to continue using the Software.
Restrictions. The Software and Services are licensed to you, not sold, and they are protected by U.S. and international laws and treaties. You do not have any right to reproduce or distribute the Software and Services without our permission, and if you do so you may be subject to fines or any other penalties allowed by the civil and criminal laws of the relevant jurisdiction. You may not: (i) reverse-engineer or otherwise try to derive source code from the Software and Services, unless allowed by law; (ii) adapt or modify the Software and Services or create derivative works based on the Software and Services; (iii) publish, copy (other than backup copies if permitted by your Transaction Documents), sell, lend, rent, sublicense, assign or in any other way transfer the Software and Services to anyone else; (iv) exploit the Software and Services for any commercial purposes; (v) attempt to circumvent technical protection measures in the Software and Services; (vi) use the Software and Services to violate the law; or (vii) engage in any activity that interferes with anyone else's use of the Software and Services. If you have installed the Software and Services on a mobile device and you transfer ownership of that device to someone else, you must ensure that any Software and Services are deleted from that device and that the device information is removed from your account with us. We have the right to terminate or suspend this Agreement, your account, and your access to the Software and Services if we determine that you have violated this Agreement. The Software and Services may contain enforcement technology that limits the size of content storage, bandwidth consumption, or the number of devices on which the Software and Services may be installed or that allows us to suspend your access to the Software and Services if you have violated this Agreement or if your License has expired or been terminated.
We, along with our suppliers and partners, retain ownership of our respective Software and Services and all rights related to the Software and Services, including all intellectual property rights. The only rights we grant you are those rights expressly stated in this Agreement. Also, if you provide us any comments, information, opinions, or suggestions on the Software and Services ("Feedback") you acknowledge and agree that we may use your Feedback without restriction, for any purpose and without compensation to you.
The Software and Services may include: (A) free versions of the Software, including (i) any features included in a paid subscription for which we no longer charge or which we offer to you at no charge, and (ii) any feature that we give you on a trial, courtesy or evaluation basis or that is labeled as "Pre-Release," "Limited Release," "Beta" or otherwise described as experimental, untested, or not fully functional ("Free Software"); and (B) services that we provide without charge to you as a courtesy, which may be labeled similar to Free Software and may be experimental, untested or not fully functional ("Courtesy Services").
The License is effective for the subscription term set forth in your Transaction Documents ("Subscription Term") and each subsequent renewal term, unless terminated in accordance with this Agreement. If no Subscription Term is specified in your Transaction Documents, the default Subscription Term is one year from the date that the Software or Services were purchased. Your subscription renewal of the Subscription Term constitutes your acceptance of and agreement to the then-current version of the PAKWiFi License Agreement.
The License is effective for as long as the Free Software is installed or we otherwise make the Free Software or Courtesy Services available to you and will remain subject to any limitations in the Transaction Documents, as applicable.
For paid subscriptions, you accept changes to this Agreement by renewing the subscription, and the updated Agreement with the change(s) will be effective upon such renewal of your subscription. If you do not agree to the Agreement as amended, then you must reject the changes by turning off auto renewal and uninstalling the Software and ceasing all use of any Software or Services at the end of the Subscription Term. For Free Software and Courtesy Services, you accept change(s) to this Agreement by continuing to use the Free Software or Courtesy Services. If you reject the updated Agreement, your license to the Free Software or Courtesy Services is terminated and you must cease all access to and use of the Courtesy Services or Free Software and uninstall the Free Software.
We may terminate this Agreement if you fail to comply with the terms of this Agreement. You may terminate the License prior to the expiration of the term by permanently erasing the Software and Services from your devices and canceling your account with us. Please refer to our Refund Policy to see if you are eligible for a refund prior to erasing your Software and Services. If this Agreement expires or is terminated, (i) you will no longer be authorized to use or access the Software and Services, including any online storage or backup services, (ii) you must permanently erase the Software and Services from your devices, and (iii) we may cancel or close your account. Upon termination or expiration, we will follow our standard policies to delete any of your online stored or backed-up information, text, files, links, images or other materials provided to us ("Content"). It is your responsibility to store or backup your Content elsewhere before this Agreement expires or is terminated. We are not responsible for giving you a copy of your Content.
Privacy. For more information on how we may collect and process information, please see our Privacy Notice.
YOU AGREE THAT WE OR OUR AUTHORIZED PARTNER MAY CHARGE THE CREDIT OR DEBIT CARD ACCOUNT OR OTHER PAYMENT DEVICE YOU PROVIDED FOR ALL AMOUNTS YOU OWE RELATED TO YOUR PURCHASE, INCLUDING ANY SUBSCRIPTION RENEWALS. YOU AGREE TO NOTIFY US PROMPTLY OF ANY CHANGE IN YOUR CARD ACCOUNT NUMBER OR EXPIRATION DATE OR OTHER PAYMENT INFORMATION. FOR CREDIT AND DEBIT CARDS, YOU AGREE THAT WE MAY UPDATE SUCH INFORMATION WITH UPDATES RECEIVED DIRECTLY OR INDIRECTLY FROM YOUR CARD ISSUER AND THE RELEVANT CARD NETWORK AND WE MAY USE THE UPDATED CARD INFORMATION TO CHARGE AMOUNTS YOU OWE US. THIS WILL SERVE AS YOUR CONSENT FOR YOUR CARD OR PAYMENT DEVICE TO BE CHARGED OR DEBITED.
You agree that your paid subscription will be automatically renewed. You authorize us or our authorized partner to charge your card or payment device on file within 30-days of your subscription expiration date, at the renewal term subscription price in effect at the time the renewal. Pricing is subject to change. Your subscription is ongoing and will continue until you cancel. If you would like additional information or to cancel your subscription or modify your auto-renewal settings, log onto your My Account page or contact Customer Support. Before your Subscription Term expires, we will send a notice to the e-mail address listed in your account profile, informing you of the upcoming renewal. If, at the time of renewal, your Software and Services have been renamed, upgraded or replaced by a new offering with reasonably comparable features ("Replacement"), we may, at our discretion, automatically renew your subscription with the Replacement for no more than the undiscounted subscription price of the Replacement.
ANY TIME AFTER PURCHASING A SUBSCRIPTION, YOU MAY TURN OFF AUTOMATIC RENEWAL BY ACCESSING YOUR ONLINE ACCOUNT PAGE OR CONTACTING CUSTOMER SERVICE. IF YOU DO NOT WISH TO BE AUTOMATICALLY RENEWED, YOU MUST TURN OFF AUTOMATIC RENEWAL MORE THAN 30 DAYS BEFORE YOUR SUBSCRIPTION TERM EXPIRES. IF YOU DO NOT TURN OFF AUTOMATIC RENEWAL, YOUR SUBSCRIPTION WILL CONTINUE FOR THE RENEWAL TERM UNDER THE AGREEMENT IN EFFECT AT THE TIME OF EACH RENEWAL UNLESS IT IS CANCELED BY YOU (OR TERMINATED BY US PURSUANT TO THIS AGREEMENT).
TURNING OFF AUTOMATIC RENEWAL WILL DISCONTINUE ANY PREMIUM FEATURES AND SERVICES THAT WE OFFER EXCLUSIVELY TO SUBSCRIBERS WHO ARE ENROLLED IN AUTOMATIC RENEWAL AND HAVE PAID FOR THEIR SUBSCRIPTION.
Except as provided by our Refund Policy, cancelling your subscription or terminating this Agreement will not result in a retroactive refund or pro-ration of fees paid based on cancellation date. Cancelling your subscription or terminating this Agreement will stop future recurring fees, and you will have access to the subscribed Software and Services until the end of the then-current Subscription Term.
For more information on obtaining a refund for Software and Services purchased from PAKWiFi, please see our Refund Policy.
You are responsible for any charges incurred with your data- or mobile-service provider in connection with your use of the Software or Services, including any overage and penalties assessed for exceeding your data or minute allowance, or use of domestic or international short message service.
If your Software and Services qualify for technical support and you have a current paid subscription, you will receive technical support in accordance with our current standard-support offerings. Not all Software and Services qualify for technical support. Consult your Transaction Document or terms of service, as applicable, for information regarding technical support and additional options. Our standard-support offerings, policies, and procedures may change from time to time and may vary by country. Any obligation we may have to support the previous version of the Software and Services ends when an upgrade, modified or later version, or other update to the Software and Services ("Update") becomes available. For your convenience and to ensure that the Software on your devices includes new features that we develop, by agreeing to this Agreement you give us permission to install Updates and (at your request or with your consent) new Software on your devices automatically when available, to the extent that it is possible for us to run such background installations. We may also automatically pre-load Software, but will not activate such Software without your consent. Any Updates or technical support provided for Free Software is at our sole discretion and may be discontinued at any time.
From time to time, at our sole discretion, we may elect to discontinue certain Software or Services or particular features of the Software or Services. "End of Support" refers to the date when we no longer provide automatic fixes, Updates or technical support for particular Software or Services. If a renewal term for your subscription would expire past the End of Support, you will not be able to renew your subscription.
In addition to this Agreement and applicable Transaction Documents, some Services that you purchase from us are subject to and governed by additional terms of service, which are posted on our website. Security Services must be updated to address new threats, to improve performance or efficiency, and for other business reasons. You acknowledge and agree that we may modify the features and functionality of the Services during the Subscription Term. Such modifications will not materially decrease the functionality of the Services. Some devices may not be able to receive the Services. To receive the Services, a high speed Internet connection is required and your device must meet the applicable System Requirements.
If you are an adult, parent, or legal guardian, you may use the Software or Services to track and monitor only your own children, children for whom you are the legal guardian, or others for whom you have legal authorization to track and monitor. You are responsible for obtaining authorization from any third party to whom you extend access to multi-user Software or Services that track and monitor.
If the Software and Services that you download or otherwise receive are Free Software, then this section of the Agreement will also apply. To the extent that any provision in this section is in conflict with any other term or condition in this Agreement, this section will supersede such other term(s) and condition(s) with respect to such Free Software, but only to the extent necessary to resolve the conflict. All Free Software is provided "as is", without any warranty (express or implied), indemnity, maintenance or support, express or implied, subject to any statutory rights that cannot be excluded or limited by law. You acknowledge that Free Software may contain bugs, errors and other problems that could cause system or other failures and data loss. You acknowledge that we have not promised or guaranteed to you that Free Software will be announced or made available to anyone in the future, that we have no express or implied obligation to you to announce or introduce Free Software, and that we are not obligated to introduce a product similar to or compatible with Free Software or any updates to any Free Software. Accordingly, you acknowledge that any use of the Free Software is entirely at your own risk.
The PAKWiFi "Life of Your (Device)" subscription can be applied to a single Windows PC or Android mobile device ("Your Device") if included in your purchase of Your Device, or on no more than three of Your Devices if you purchased the PAKWiFi "Life of Your (Device)" subscription separately. Once properly installed onto Your Device, the PAKWiFi "Life of Your (Device)" subscription will be active for the remainder of Your Device's industry-standard useful life, and you are entitled to English-language telephone and web-based technical support during normal business hours for one year, and English-language web-based technical support, as long as the operating system currently installed on Your Device is not more than two versions older than the most-current version (for example, "Windows 10.x" or "Android 4.x"), for the industry-standard useful life of Your Device (industry standard useful life for a PC is 5-7 years, or 3 years for a tablet or smartphone). The PAKWiFi "Life of Your (Device)" subscription is not transferable or movable to any other person, PC, or device in any event or under any circumstance. If you sell or otherwise transfer Your Device to another person prior to the end of Your Device's useful life, your PAKWiFi "Life of Your (Device)" subscription will void and terminate, and the subsequent owner of Your Device will not have the right to install, use, or possess the PAKWiFi "Life of Your (Device)" subscription. Any attempt to transfer, move, or reinstall the PAKWiFi "Life of Your (Device)" subscription on another PC or device, or to install the subscription on more than the original PC or device, or original three PCs or devices, as applicable, will terminate your right to install, use, or possess the PAKWiFi "Life of Your (Device)" subscription. In order to stay current and receive support, you must update your PAKWiFi "Life of Your (Device)" Software periodically and upgrade to the latest version of the same PAKWiFi product level of software. If at any time, you decide to upgrade to a different product other than the PAKWiFi "Life of Your (Device)" subscription, that product upgrade: (1) will be subject to payment of that product's applicable fee; (2) will NOT be a "Life of Your (Device)" license; and (3) your subscription and license to PAKWiFi "Life of Your (Device)" subscription will automatically terminate without notice or refund of money previously paid.
If your subscription includes Virus Removal Service, Tech Master Service or is entitled to our Virus Protection Pledge or a similar services whereby we or one of our partners access your device to attempt removal of malware or perform other specified services, additional terms apply as may be specified in your Transaction Documents and the terms of service that is available on our website. We will make commercially reasonable efforts to perform malware removal Services. You understand and agree that not all malware can be removed through the Services and we do not guarantee that we can remove all malware from your device(s). To the extent permitted by applicable law, we will have no liability for loss of or recovery of data, software, or loss of use of system(s) or networks arising out of these Services or any act or omission, including negligence, by us or our representatives. If we work with you on any password or other access control issues, we strongly recommend that you reset such password(s) immediately following the completion of the Services. You agree that you are a legal license holder of the Software on your device and your use of the Internet is solely at your own risk. By electing to receive the Services, you confirm that you (i) have full access to your hardware and software for which you are purchasing the Service, and (ii) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the Services. The Virus Protection Pledge requires active enrollment in our auto-renewal service and is subject to additional terms and restrictions posted on our website.
You are responsible for the security of your password and for all aspects of keeping your account secure. You should keep your password and encryption key for your account secure because without them you may lose access to your data. You are solely responsible and liable for any activity that occurs under your account, including by anyone who uses your account. If there is any unauthorized use or access to your account, you must let us know immediately. We are not responsible for any loss caused by unauthorized use of or access to your account; however, you may be liable for any losses we or others suffer because of the unauthorized use. WE DO NOT HAVE ACCESS TO MASTER PASSWORDS AND CANNOT RECOVER YOUR ENCRYPTED DATA IF YOU FORGET THE MASTER PASSWORD FOR ANY PASSWORD MANAGEMENT FEATURE OR SOFTWARE. We offer both free and premium versions of our password management Software. The free version limits the maximum number of unique accounts (such as a website or application login) that you can store. The premium version of the Software may be downloaded at no cost during a promotion, however, when the promotional period ends you will not be permitted to add any new unique accounts if you have exceeded the maximum number permitted by the free version. If you download any PAKWiFi password management Software, that download will be subject to all subscription fees that are published in connection with that download, as well as the terms and conditions of this Agreement.
PAKWiFi Web Advisor is Software (with a corresponding website) that provides users with information to guide users about certain risks that may be associated with a website. The Web Advisor Software displays color-coded symbols next to links provided by major search engines, and the corresponding websites have dossier pages to provide information on the factors that affect site ratings. The ratings are primarily derived using automated methods; the Web Advisor Software cannot detect or examine every possible aspect of website design, nor can it determine the intent of the site owner. We do not control or assume responsibility for the content of the third-party sites, and some of the third-party sites may have content that you find objectionable, inappropriate, or offensive. THE SITE RATINGS ARE NOT A GUARANTEE OF ANY PARTICULAR SITE'S SPECIFIC PRACTICES OR TRUSTWORTHINESS, AND IN NO CASE DO THE RATINGS REPRESENT AN ENDORSEMENT BY US OF THE SITE'S CONTENT, SUBJECT MATTER, OVERALL QUALITY, OR USEFULNESS.
We and our partners may, but have no obligation to, monitor and record Service sessions, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant us permission to monitor and record the Services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the Services to you or other users and to enhance the types of Services we may provide to you in the future. You also grant us permission to combine your information with that of others in a way that does not identify you or any individual personally to improve the Services, for training, for marketing and promotional purposes, and for other business purposes.
These terms only apply if you have enrolled in, are entitled to, or use our identity protection services from us or one of our trusted partners (these Services are sometimes referred to as the "Identity Protection Services").
The Identity Protection Services are only available to residents of the United States who possess a valid social security number. While enrolling for the Services, we will ask you for the following types of information: (i) contact information (such as name, address, phone number, and e-mail address); (ii) identity related information (such as date of birth, driver's license number and social security number); (iii) information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our Services, and to fulfill our obligation to provide our Services to you, including monitoring your identity and communicating with third parties as necessary to provide such Services, such as, for example, identification verification companies, third party service providers, third party data suppliers, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others. PAKWiFi 's Privacy Noticeoutlines the manner in which we (or others acting on our behalf) collect, use, and share information about you in connection with your use of the Identity Protection Services, and it is your responsibility to review our Privacy Notice prior to agreeing to this License Agreement or before using our Services.
You understand that by accepting this Agreement and using our Identity Protection Services, you are providing us and our employees, agents, subsidiaries, affiliates, contractors, third-party service providers and data providers, and all other credit reporting agencies under the Fair Credit Reporting Act (FCRA), as amended, including Experian, TransUnion, Equifax, and affiliated entities, written instructions (as described in these terms), consent and authorization to access and use consumer reports, including credit reports, about you (or about any children you have enrolled, if applicable) from each national credit or consumer reporting agency and to exchange information about you with third party data providers and each such national credit reporting agency in order to verify and monitor your identity and to provide the Identity Protection Services to you.
Fair Credit Reporting Act. The Fair Credit Reporting Act ("FCRA") allows you to obtain from each consumer reporting agency a disclosure of all the information in your consumer file at the time of the request. Full disclosure of information in your file at a consumer reporting agency must be obtained directly from such consumer reporting agency. The consumer reports provided by or requested from PAKWiFi Identity Protection are not intended to constitute the disclosure of information by a consumer reporting agency as required by the FCRA or similar laws.
Under the FCRA you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. You may request your free annual report under the FCRA, at www.annualcreditreport.com
You are also entitled to receive a free copy of your credit report from a consumer reporting agency if:
You have been denied or were otherwise notified of an adverse action related to consumer, insurance, employment, or a government granted license or other government granted benefit within the past 60 days based on information in a consumer report provided by such agency.
You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past 60 days based on information in a consumer report provided by such agency.
You certify in writing that you are unemployed and intend to apply for employment during the 60 day period beginning on the date on which you made such certification.
You certify in writing that you are a recipient of public welfare assistance.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your consumer report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your consumer report twice a year. For Illinois residents, consumer reporting agencies are required by law to give you a copy of your consumer record upon request at no charge or for a nominal fee. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your consumer report.
The Fair Consumer Reporting Act provides that you may dispute inaccurate or incomplete information in your consumer report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CONSUMER REPORT FROM ANY OF THE CONSUMER REPORTING AGENCIES IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN OR TRANSUNION, THE THREE NATIONAL CONSUMER REPORTING AGENCIES, OR FROM ANY OTHER CONSUMER REPORTING AGENCY.
It may be the policies of Equifax, Experian and/or TransUnion to provide a complimentary copy of the consumer report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your consumer report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact such entities as follows:
Additional Disclaimers of Warranties and Limitation of Liability. Below are additional warranties and limitations of liability applicable to our Identity Protection Services:
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE IDENTITY PROTECTION SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MCAFEE, LLC AND ITS THIRD PARTY SERVICE PROVIDERS AND THEIR DATA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, MCAFEE, LLC AND ITS THIRD PARTY SERVICE PROVIDERS AND THEIR DATA PROVIDERS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE IDENTIFY PROTECTION SERVICES AND WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE IDENTITY PROTECTION SERVICES OR THE DATA THEREIN.
We are not a credit repair organization, or similarly regulated organization under other applicable laws, and do not provide credit repair advice.
Our credit monitoring offerings monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).
We do not monitor all transactions at all businesses.
Credit scores, reports, and credit monitoring may require an additional verification process and credit services will be withheld until such process is complete. A reduced service fee will be charged until you verify your identity.
The Vantage Score credit scores are Vantage Score 3.0 credit scores based on data from Equifax, Experian and TransUnion respectively. Third parties may use a different Vantage Score or a different type of credit score to assess your creditworthiness.
For the PAKWiFi® Identity Theft Protection Essential and Premium services, credit monitoring by Experian and TransUnion may take several days to begin.
You represent and warrant to us that you will use Identity Protection Services (and any of the information therein) to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities, and not for any other purpose.
We are not responsible for delay or failure to perform due to causes beyond our reasonable control.
Additional Terms of License for Identity Protection Services
You acknowledge that PAKWiFi reserves the right to modify the offerings that constitute the Identity Protection Services subscriptions at any time, as well as the right to modify the pricing for those subscriptions.
You acknowledge that PAKWiFi reserves the right to discontinue the Identity Protection Services at any time and/or to transfer you to a third party providing similar services at any time.
A free subscription to Identity Protection Services is valid for one year from the date of sign-up.
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 Agreement, the Software, or any equipment, products, or Services you receive from us (or from any advertising for any such products or services) will, 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 with you, such as an employee, representative, agent, predecessor, successor, heir, assignee, or trustee in bankruptcy; (iii) Claims that relate directly to us, and/or to our parent, affiliates, 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 and 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 PAKWiFi, 5000 Headquarters Drive, Plano, TX 75024, Attention: Legal Department. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested. You and we will use reasonable efforts to resolve any dispute through informal negotiation within 60 days from the date the notice of dispute is sent. After 60 days, you or we may commence arbitration.
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 IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved on an individual basis before a single, neutral arbitrator and the proceeding will be confidential. The arbitrator will be either a lawyer admitted to practice law in his or her jurisdiction and with at least ten years' experience or a retired or former judge selected in accordance with the rules of the AAA. The arbitrator is bound by the terms of this Agreement, and the arbitration will be governed by the Commercial Arbitration Rules 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. Except with respect to any claims or counterclaims seeking less than $25,000, the arbitrator will issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based. All arbitration proceedings will be conducted in English, and the United States FAA will govern the interpretation, enforcement, and proceedings pursuant to the binding arbitration clause in this Agreement. The award will be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law. You and we further agree that a judgment may be entered upon the award by any court having jurisdiction. The arbitration award will determine the rights and obligations between the named parties only, and only in respect to the claims in arbitration, and will not have any bearing on the rights and obligations of any other dispute.
The party initiating the arbitration will pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse your filing fee. We will pay the fees and costs for the first day of any hearing. All other fees and costs will be allocated in accordance with the arbitration rules. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or if you ask us and we determine there is a good reason for doing so. Each party will bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Nothing herein will be deemed to limit or constrain our right to resort to self-help remedies or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies.
In the event of a conflict between the Arbitration Rules and this arbitration agreement, this arbitration agreement will govern. If any portion of this arbitration agreement is deemed invalid or unenforceable, it will not invalidate the other provisions of the arbitration agreement; provided, however, that (a) if the prohibition on class-wide arbitration is deemed invalid, then this entire arbitration agreement will be null and void; and (b) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration agreement will be null and void as to such claims only. This arbitration agreement will survive the termination or cancellation of this Agreement. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement will control.
WAIVER OF JURY TRIAL. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THE AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES). IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. This paragraph in no way invalidates the Agreement to Arbitrate Disputes.
For European Union Customers – Online Dispute Resolution Service ("ODR") & Alternative Dispute Resolution ("ADR"). We are required by law to provide a link from our website to the EU ODR Platform https://ec.europa.eu/consumers/odr/index_en.htm. We are not obligated to use ADR should you have a complaint with us. If you do have a complaint with us which we cannot resolve using our internal complaints handling procedures, we will contact you by letter or email about whether we are prepared to submit to ADR. You may contact us through our website.
Except as provided in the Local Law Section below, this Agreement, the use of the Software and Services, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws of the state of New York, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. If for any reason, the laws of the state of New York are found not to apply, then, except as provided in the Local Law Section below, this Agreement, the use of the Software, Services, the relationship of the parties, and any disputes arising out of, concerning, or relating to the Agreement, including any disputes between you and us, will be governed by and construed in accordance with the laws of the state of Delaware, excluding its conflict of law principles, except that the FAA governs all provisions relating to arbitration. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to the Software or Services.
You acknowledge that some security breaches involve attacks on data. For example, there are viruses and other malware that: (i) delete or destroy your data (sometimes individual files, but sometimes even an entire disk by corrupting a master boot record or other key element); (ii) modify your files (such as parasitic malware that attaches itself to a file and modifies the file to enable its own execution and/or propagation); and (iii) encrypt files on your drive (such as ransomware that uses asymmetric encryption). The best way for you to protect yourself from these types of attacks is frequent back-ups of your data to another device or location. That way, you have another copy of the data that the attacking software has deleted, modified, or destroyed. While we will use commercially reasonable efforts to remove the attacking malware or virus, it is your sole and exclusive responsibility to back-up all data and files on your device so that they can be restored in the event of an attack on your data. Without such a back-up, it may not be possible to restore the deleted, destroyed, or modified data. We will have no liability for loss of or recovery of data, or files or loss of use of systems or networks arising from attacks on data.
For 30 days after the purchase date ("Warranty Period"), for paid versions of the Software only, we warrant that the Software licensed under this Agreement (including updates provided during the Warranty Period but not for updates provided outside of the Warranty Period) will perform substantially in accordance with the documentation provided by us in connection with that Software at the time of purchase, and that any tangible medium (such as a CD-ROM, but excluding devices manufactured by other companies) on which the Software is contained and provided to you will be free from defects in materials and workmanship. We do not warrant or guarantee that any particular mobile device or computer will be compatible with or function with the Software or Service, nor do we warrant or accept any liability for the operation of your personal equipment that is used to access the Software or Service. Your sole remedy, and our and our suppliers' entire liability, in case of any breach of this limited warranty is that we will, at our option, refund the price you paid for the license, replace the defective medium that contains the Software, re-perform the Service, or provide an alternative remedy as required by local consumer law in your jurisdiction. These remedies may not be available in some countries to the extent that we are subject to restrictions under applicable export-control laws and regulations. If the tangible medium is defective, you must return it at your expense to the place where you bought it and provide a copy of your receipt. Any replacement medium will be warranted for the remainder of the original Warranty Period.
THE ABOVE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES. THEY REPLACE ALL OTHER WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, PERFORMANCE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT FOR THE LIMITED WARRANTY IN THIS SECTION, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS". YOU ARE RESPONSIBLE FOR SELECTING THE SOFTWARE AND SERVICES TO ACHIEVE YOUR INTENDED RESULTS, FOR INSTALLING AND USING THE SOFTWARE OR SERVICE, AND FOR THE RESULTS OBTAINED. WE DO NOT WARRANT OR GUARANTEE THE SOFTWARE'S OR SERVICE'S USE OR PERFORMANCE. WE DO NOT WARRANT OR GUARANTEE THAT THE SOFTWARE'S OR SERVICE'S OPERATION WILL BE FAILSAFE, UNINTERRUPTED, OR FREE FROM ERRORS OR DEFECTS, OR THAT THE SOFTWARE OR SERVICES WILL PROTECT AGAINST ALL POSSIBLE SECURITY THREATS (INCLUDING INTENTIONAL MISCONDUCT BY THIRD PARTIES), THAT THERE WILL BE NO MALFUNCTIONS OR OTHER ERRORS IN THE SOFTWARE OR SERVICES CAUSED BY VIRUS, INFECTION, WORM OR SIMILAR MALICIOUS CODE NOT INTRODUCED OR DEVELOPED BY US, OR THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS. WE ARE NOT LIABLE FOR ANY DOWNTIME OR SERVICE INTERRUPTION, FOR ANY LOST OR STOLEN DATA OR SYSTEMS, OR FOR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO ANY ACTIONS OR INTRUSIONS.
The Software and Services are not fault-tolerant and is not designed or intended for high-risk activities such as use in hazardous environments requiring failsafe performance, including nuclear-facilities operations, air traffic communication systems, weapons systems, direct life-support machines, or any other application in which the failure of the Software or Services could lead directly to death, personal injury, or severe physical or property damage. We expressly disclaim any express or implied warranty of fitness for high-risk activities.
UNDER NO CIRCUMSTANCES ARE WE OR OUR SUPPLIERS, LICENSORS OR OTHER THIRD-PARTY SERVICE PROVIDERS LIABLE TO YOU FOR ANY: (I) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (II) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, AND (III) DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR NEGLIGENCE OF ANY KIND, OR FOR ANY OTHER INDIRECT DAMAGE OR LOSS. IN NO EVENT WILL OUR, OUR AFFILIATES' OR OUR SUPPLIERS', LICENSORS' OR OTHER THIRD-PARTY SERVICE PROVIDERS' AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES UNDER THIS AGREEMENT EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SOFTWARE, OR USD $100 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY) IF YOU USED FREE SOFTWARE. You agree to the limitations of liability in this Section and acknowledge that without your agreement to this term, the fee charged for the Software would be higher. Nothing in this Agreement limits any rights you may have under existing consumer-protection statutes or other applicable laws that may not be waived by contract in your jurisdiction.
The Software is commercial computer software under DFARS Section 217.7202, the Defense Federal Acquisition Regulations Supplement (codified under Chapter 2 in Title 48, Code of Federal Regulations). The accompanying documentation (if any) is commercial-computer-software documentation under FAR Section 12.212, the Federal Acquisition Regulations (codified in Title 48 of the United States Code of Federal Regulations). Any use, modification, reproduction, release, performance, display, or disclosure of the Software or Services and accompanying documentation by the United States Government is governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. Your use of the Software or Services and its related documentation, including technical data, may not be exported or re-exported in violation of the U.S. Export Administration Act, its implementing laws and regulations, the laws and regulations of other U.S. agencies, or the export and import laws of the jurisdiction in which you obtained the Software. Export to a particular individual, entity, or country may be prohibited by law. Information about import restrictions can be found at the following websites: https://www.treas.gov/ofac and https://export.gov/ecr/eg_main_022148.asp .
Some third-party materials included with the Software or Services may be subject to other terms and conditions, which are typically found in a "Read Me" or an "About" file accompanying the Software or Services. Those third-party materials may include software source code licensed by third parties under one or more open-source or free-software licenses, including the GNU General Public License, which are considered "Open Source Software." The Open Source Software is licensed under terms and conditions different from this Agreement and may, in some cases, conflict with the terms of this Agreement and will apply instead of the terms of this Agreement. If an Open Source Software license requires us to distribute any source code related to the Software or Services or any modifications to the Software or Services, we will make the source code available on request.
We do not waive any provision of this Agreement unless we waive it in a signed writing.
If any part of this Agreement is for any reason held to be unenforceable, that part is, to that extent, deemed omitted, and the rest of it remains fully enforceable; PROVIDED HOWEVER, THAT THE ARBITRATION AGREEMENT WILL NOT APPLY TO ANY CLAIMS AS TO WHICH THE LIMITATIONS ON CLASS ACTIONS OR CONSOLIDATED ARBITRATION ARE NOT PERMITTED BY APPLICABLE LAW.
This Agreement constitutes the entire agreement between you and us and governs your use of the Software and Services acquired hereunder. This Agreement supersedes any prior agreements between you and us in relation to the Software and any Services, and any other communications, representations, or advertising relating to the Software or Services.
The Software and Services are licensed to you by one of these legal entities: