PLEASE READ THIS LEGAL CONTRACT CAREFULLY AND COMPLETELY. IT GOVERNS YOUR USE OF THE SAFE WI-FI APP, LIMITS VERIZON'S LIABILITY TO YOU AND REQUIRES YOU TO RESOLVE DISPUTES WITH VERIZON THROUGH BINDING AND INDIVIDUAL ARBITRATION, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, DO NOT CLICK-TO-ACCEPT IT OR USE SAFE WI-FI. YOU WILL BEGIN TO INCUR DATA USAGE CHARGES ONCE YOUR SETUP OF SAFE WI-FI IS COMPLETE.
- DEFINITIONS. In the TOS: (a) "Verizon" means Verizon Wireless; (b) "McAfee" means McAfee, LLC; (c) "We" means Verizon and McAfee and (d) "You" and "Your" mean an individual who uses Safe Wi-Fi and any person or entity represented by that individual.
- LICENSE GRANT. Subject to the TOS, We grant You a personal, revocable, non-transferable, non-exclusive limited right to use the McAfee software on Your device solely as permitted by its functions. We grant You no other rights, beyond what is expressly granted to You herein, and specifically reserve any and all other rights.
- RESTRICTIONS ON USE. The Safe Wi-Fi app is intended for Your personal use only. You may download and use the Safe Wi-Fi app only if You can form a binding contract with Us and You are not a person who is barred from downloading or using the Safe Wi-Fi app by laws of the United States or any other applicable jurisdiction. You shall not use the Safe Wi-Fi app in any way that violates any applicable rules, laws or regulations or infringes any copyright, trademark or other intellectual property right or discloses a trade secret or confidential information. You shall not: (a) decompile, reverse engineer, disassemble, derive the source code of or decrypt it; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from it; (c) rent, lease, sell, redistribute, loan, distribute, sublicense or otherwise transfer it to any third party; (d) remove, obscure, or alter any proprietary notices, including copyright or trademark notices; or (e) install or use it on more than one device.
- MISUSE. You shall not misuse the Safe Wi-Fi app, including, without limitation, using it in any manner that: (a) interferes with or interrupts it or any hardware, software, system or network connected with it; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another's privacy rights; (c) uses it on a device without permission; (d) tampers with or makes an unauthorized connection to any network, including, without limitation, the network of any wireless carrier; (e) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of it or any other computer software or hardware.
- FAQs & SPECIFIC FUNCTIONS. The Safe Wi-Fi FAQs are available at https://www.verizonwireless.com/support/safe-wifi-faqs/. Please read them carefully and completely before using Safe Wi-Fi.
- DISCLAIMER OF WARRANTIES. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT SAFE WI-FI IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON SAFE WI-FI IS AT YOUR SOLE RISK AND DISCRETION. VERIZON HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING SAFE WI-FI, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, VERIZON MAKES NO WARRANTY THAT: (I) SAFE WI-FI WILL MEET YOUR REQUIREMENTS; (II) SAFE WI-FI WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH SAFE WI-FI WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN SAFE WI-FI WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERIZON OR MCAFEE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT VERIZON AND MCAFEE HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN SAFE WI-FI. YOU ACKNOWLEDGE AND AGREE THAT VERIZON AND MCAFEE MIGHT NOT BE ABLE TO OFFER SAFE WI-FI AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. IN THE EVENT OF ANY FAILURE OF SAFE WI-FI TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY VERIZON OR MCAFEE AND VERIZON AND MCAFEE, AS YOUR SOLE AND EXCLUSIVE REMEDY, USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. VERIZON AND MCAFEE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO SAFE WI-FI, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
- LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE SAFE WI-FI, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACK UP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO SAFE WI-FI. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- INTELLECTUAL PROPERTY RIGHTS. You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with Safe Wi-Fi are Our and McAfee's exclusive property, and all such rights not expressly granted to You herein are reserved and retained by Us and McAfee, as applicable. If You submit comments or ideas about Safe Wi-Fi, including ways to improve Safe Wi-Fi or other products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Ideas without compensation and/or to disclose the Ideas to anyone on a non-confidential basis. You further acknowledge that neither We nor McAfee, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Our employees or obtained from sources other than You.
- INDEMNIFICATION. You agree to indemnify, defend and hold Us harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) Your use or misuse of Safe Wi-Fi; (b) Your alleged or actual breach of the TOS; (c) Your alleged or actual violation of applicable rules, laws or regulations; (d) Your negligence or willful misconduct; or (e) Your alleged or actual infringement of the intellectual property or other rights of third parties. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify, and You agree to cooperate in that defense.
- ADDITIONAL TERMS AND CONDITIONS FOR MOBILE APPS DOWNLOADED FROM THE APPLE APP STORE. You may only use the Safe Wi-Fi App on iOS devices that You own or control, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. You and We acknowledge that: Apple is not obligated to furnish any maintenance and support services with respect to the Safe Wi-Fi App, that Apple and its subsidiaries are third party beneficiaries to these Terms, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right to enforce these Terms against you in its capacity as a third party beneficiary to these Terms. Apple is not responsible for any claims made by You or a third party regarding the Safe Wi-Fi App, including intellectual property infringement claims, or Your use or possession of the Safe Wi-Fi App, including but not limited to (i) product liability claims, (ii) any claim that the Safe Wi-Fi App fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation, or (iv) claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Safe Wi-Fi App to conform to any warranty, express or implied. If the Safe Wi-Fi App fails to conform to any warranty, You may notify Apple and Apple may, as Your sole and exclusive remedy, refund the amount, if any, that You paid Apple for the Safe Wi-Fi App.
Updated September 2018