Terms of Service / End User License Agreement
Posted: January 23, 2026
Effective: January 23, 2026
IMPORTANT: READ THIS
TERMS OF SERVICE/END USER LICENSE AGREEMENT (THIS “AGREEMENT”) CAREFULLY.
IF YOU INSTALL OR USE
ANY SOFTWARE OR SERVICES THAT ACCOMPANIES OR IS ASSOCIATED WITH THIS AGREEMENT,
THIS AGREEMENT WILL BECOME A LEGALLY BINDING AGREEMENT BETWEEN YOU AND
REALDEFENSE, LLC (d/b/a IOLO) (“RealDefense” “we” or “us”) AS THE OWNER AND
LICENSOR OF THE SOFTWARE.
IF YOU DO NOT AGREE TO
THIS AGREEMENT OR DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR
USE THE SOFTWARE OR SERVICES.
FOR INFORMATION ABOUT OUR
REFUND POLICY, PLEASE CLICK HERE.
THIS AGREEMENT REQUIRES
THE BINDING ARBITRATION OF ANY AND ALL DISPUTES (OTHER THAN CERTAIN SPECIFIED
INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) ON AN INDIVIDUAL BASIS, RATHER
THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU
IN THE EVENT OF A DISPUTE, AS STATED IN PARAGRAPH 14 BELOW. YOU SHOULD READ
THIS AGREEMENT IN ITS ENTIRETY, INCLUDING PARAGRAPH 14.
THIS AGREEMENT APPLIES
TO YOU AND ANY AND ALL PERSONS THAT YOU PERMIT TO INSTALL OR USE THE SOFTWARE SITES
AND SERVICES AS SET FORTH IN THIS AGREEMENT.
This Agreement governs your use of and
access to RealDefense websites, products and services, including:
- MyCleanID, MyCleanPC, MyPassLock, GetMyDrivers, Updater,
CyberDefender, Hotspot Shield, System Mechanic Free, System Checkup,
System Mechanic, System Mechanic Ultimate Defense, System Mechanic
Professional, System Mechanic Business, Privacy Guardian, Malware Killer,
ByePass, ByePass+, System Shield Antivirus and Antispyware, Search and
Recover, DriveScrubber, ioloVPN, SUPERAntiSpyware, and other downloadable
software RealDefense or its subsidiaries market and provide from time to
time (the “Software”);
- MyCleanID, MyCleanPC, MyPassLock, GetMyDrivers, Updater,
CyberDefender, WarrantyStar, USTechSupport, RemoveMe and online technical
support services RealDefense or its subsidiaries market and provide from
time to time (the “Services”); and
- RealDefense websites including:
realdefen.se, iolo.com, iolovpn.com, superantispyware.com, mycleanid.com, mycleanpc.com, mypasslock.com, getmydrivers.com, cyberdefender.com, warrantystar.com,
ustechsupport.com, support.com, removemenow.com and other websites RealDefense or its subsidiaries operate from time to time (the “Sites”).
In this Agreement, the above are
referred to collectively as the “Products.” These terms are provided in
connection with the RealDefense Privacy Policy (the “Privacy Policy”), which
can be found at https://www.realdefen.se/privacy-policy.html. 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. Products include software and services that we own
and operate directly, as well as software and services that we market or
provide from or on behalf of third parties.
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 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, MUST STOP ALL USE IMMEDIATELY, AND TERMINATE ANY ACCOUNTS YOU MAY
HAVE WITH REALDEFENSE.
I. WHAT YOU PROMISE TO US
- You are at least eighteen years old and have the authority to enter
into legally binding agreements. You are using the Product for yourself,
or you are actively monitoring and supervising your minor child’s use of
the Products. You remain responsible for any such use.
- You have read and agree to the terms and conditions of the Privacy
Policy.
- You will not misuse the Products in any manner, nor will you assist,
support, or suggest that 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 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 is fraudulent, defamatory, or misleading, or
- Violate the privacy or infringe the rights of others.
- Reverse engineer, decompile, disassemble, or otherwise attempt to
discover the source code of the Products or any part thereof, except and
only to the extent that this activity is expressly permitted by the law
of your jurisdiction of residence.
- 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.
- With respect to export control laws, you agree that you will not
provide or export the Products to (i) nationals or residents of Cuba,
North Korea, Iran, Syria, occupied regions of Ukraine including Crimea,
Donetsk, and Luhansk regions, or any other country or region as to which
the United States has imposed a trade embargo or related restrictions; or
(ii) any person or entity included in the U.S. Treasury Department’s list
of Specially Designated Nationals and Blocked Persons or the U.S. Commerce
Department’s Denied Persons List, Entity List, or Unverified List. We use
various technologies to block users from restricted locations; if you
attempt to circumvent these technologies you will be in material breach of
this Agreement and we will provide no Products to you.
- 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 any copyrights, trademarks, patents, software, domain
names, trade secrets, or information that any person would reasonably
believe to be confidential.
- You will cooperate with all RealDefense employees, technicians, and
contractors in connection with your use of the Products. In certain cases,
technicians may request additional information, screenshots, or files from
your device. Please be advised that without your cooperation, the services
we provide may not be as reliable or effective.
II. SOFTWARE USAGE
- The Products may include Software to help protect 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.
- 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.
- 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.
- As described further in Section XII below, RealDefense expressly
disclaims any warranties of non-infringement, merchantability, and fitness
for a particular purpose. RealDefense does not warrant that the software
will (i) achieve specific results, (ii) operate without interruption, or
(iii) be error free. RealDefense uses commercially reasonable efforts to
protect your data, but does not warrant that your data will be secure in
all circumstances, foreseen and unforeseen.
- As described further in Section XIV below, RealDefense expressly
disclaims all liability for the Software, including any loss or liability
resulting from lost or compromised data caused by the Software. 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 RealDefense has been advised of the
possibility of such damages, or for any claim by any other party.
- 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 nuclear facility
operations, air traffic communications systems, weapons systems, direct
life support machines, or any other application where the failure of the
Software or Services could lead directly to death, personal injury, loss
of data, or severe physical or property damage.
III. SOFTWARE BEHAVIOR
- Scheduled Tasks. By installing desktop software or mobile apps
produced by RealDefense you acknowledge that the products may create and
run scheduled tasks on your device. Scheduled tasks are enabled by
default. You can disable most scheduled tasks at any time from within the
product settings. If you wish to disable ALL scheduled tasks you need to
uninstall the software completely. Payment is not required to disable,
enable, or amend the scheduled tasks created by any one of the RealDefense
Products.
- Background Processes. Upon installation, RealDefense Products may
set and run tasks or background processes on your computer that will
auto-start upon reboot or restart of your computer’s operating system.
These tasks are required to check your installed software for available
updates, validate your license information, monitor your computer for
specific product-related items (such as privacy threats, malware infection
attempts, etc.) and various other product-related tasks required for the
products to operate. If you do not wish to grant the products that
permission, please uninstall the products at your convenience or disable
the ‘Launch at System Startup’ option from within the product settings
where applicable.
- URL Redirects/Blocked Websites. When installed, RealDefense Products
may detect certain website and/or software communication attempts as
malicious and block any outgoing or incoming communication between your
computer and the specific website and/or IP address. This communication
block is done for your safety. If you do not wish to grant the product(s)
that permission, please uninstall the Product(s) at your convenience or
disable the ‘Safe Browsing’ feature from within the product settings where
applicable. If you wish to visit/allow the blocked URL after all, please
add the URL to the exclusion list of your security software.
- User Account Control/UAC. UAC is a security feature of Windows which
helps prevent unauthorized changes to the operating system by prompting
the user for manual approval. Certain RealDefense Products may disable the
UAC prompts relating only to those RealDefense Products. At any point you
can uninstall the product if you feel this is an inconvenience to you.
- Installing Multiple Software Products. Please note that installing
multiple security products and/or utilities with overlapping coverage on
devices that are not designed for high performance is not recommended, nor
needed.
- General Software Behavior. We use commercially reasonable efforts to
support and update our software so it is compatible with each new update
and/or upgrade of related software, services, or operating systems that
may affect or be affected by our product’s behavior. From time to time, a
new software patch or newly deployed version of such third party product
may be released that is incompatible with our products. We cannot
guarantee that our Products will work after installation of such
incompatible products.
- Silent Software Installation. If you have downloaded any of the
software products mentioned in this page, through a 3rd party bundled
offer, where any RealDefense Product was included as a “software bundle”,
RealDefense software may be silently installed on your device, without an
installation wizard, with your explicit consent and permission.
IV. IDENTITY PROTECTION SERVICES
- RealDefense partners with Array US, Inc. (“Array”) to provide you
with comprehensive identity protection services. Use of the credit
monitoring and identity protection Services are subject to additional
terms and conditions from Array as further detailed herein.
- Some of the Services may allow 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 that provides
the Credit Monitoring Service or the RemoveMe Product, you agree that you
are providing written instructions and your consent in accordance with the
Fair Credit Reporting Act authorizing RealDefense, its affiliates and
service providers, including but not limited to Array, to obtain your
consumer report information, including your credit information, from the
personal credit report maintained by one or more of the three nationwide
credit reporting agencies (Equifax, Experian, and TransUnion), or any
other credit bureau from which RealDefense and its service providers,
including Array, obtain consumer information.
- You agree and hereby authorize RealDefense, its affiliates, and all
of their agents and employees, to provide your personally identifiable
information (or, if applicable, information about your child you have
enrolled) to third parties, including Array, as provided in our Privacy
Policy, as may be amended from time to time.
- You hereby waive any and all claims against RealDefense, and its
affiliates, and all of their agents and employees for the acts or
omissions of these third parties, including Array, with regard to the use
or disclosure of such information.
- You further authorize RealDefense, its affiliates and service
providers, including Array, and all of their agents and employees, as
necessary and applicable, to obtain various information and reports about
you (or about your child that you have enrolled, if applicable) including
address history reports, name and alias reports, criminal reports, or sex
offender reports, and to provide monitoring and alerts, in order to
provide the Services.
- While enrolling for these indemnity protection and/or credit
monitoring Services, RealDefense, its affiliates and its service
providers, including Array, may ask you for the following types of
information:
- Contact information (such as name, address, phone number, and email
address);
- Sensitive information (such as date of birth, driver’s license
number and social security number);
- Personal 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 the Services, and to provide the
Services to you, including communicating with third parties as necessary
to provide them, such as identification verification companies, consumer
reporting agencies, payment validation companies, law enforcement
agencies, or other authorized parties.
- While we will help you with any issues relating to these Services,
if you need to contact Array you may do so by writing to its agent at:
Array US, Inc.
Attn: Legal Department
2200 N. Federal Hwy., Suite 217
Boca Raton, FL 33431
E-mail: legal@array.com - These Services are not intended to, and do not, constitute legal,
professional, or financial advice, are not intended to be a substitute for
such advice, and may not be used for such purposes. Always seek the advice
of your attorney, tax advisor, financial planner, or other professional
advisor with any questions you may have regarding such matters.
V. 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 subject to the terms and conditions of this Agreement.
- By using the Remote Services, you authorize RealDefense, its
employees, and its 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.
- RealDefense, its employees and contractors, will 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.
- 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.
- RealDefense will use its commercially available resources to resolve
your problem. However, we cannot guarantee that we can solve all problems.
The provision of Services may not be successful because the problem is
beyond our ability to resolve remotely.
- You grant RealDefense permission 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 further hereby grant RealDefense permission to use or
disclose any such 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.
- Agents providing Remote Services do not backup or restore data as
part of the Remote Services, and RealDefense will 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 your information, data, text, software, or other stored
materials (“Data”) before using the Remote Services.
VI. ONLINE BACKUP
- 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 subject
to the terms and conditions of this Agreement.
- RealDefense agrees to provide the Online Backup Services in a
professional and workmanlike manner and in compliance with all applicable
regulations.
- RealDefense will use its commercially reasonable efforts to assist
you with backing up and recovering your Data using the Online Backup
Services. However, we cannot and do not guarantee that we will be able to
recover your Data in all circumstances.
- Therefore, your use of the Products is at your sole risk and you are
solely responsible for (i) any damage to your computer system and (ii) any
loss of or damage to data or information that results from your use of the
Products. 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.
- If you decide to terminate or stop paying for the Online Backup
Services, you will have ten days to remove all your accessible Data from
the Online Backup Services. After the ten-day period expires, we will
delete your Data.
VII. THIRD PARTY PROVIDERS
- You acknowledge that some of the Products use software or
applications that are developed by parties other than RealDefense (each a
“Third Party Provider”). Third Party Providers include AnchorFree AG
(developer of Hotspot Shield), Avira Operations GmbH (which provides
certain features of SUPERAntiSpyware), ShieldApps (developer of MyCleanPC,
MyCleanID, MyPassLock), Systweak Software (developer of GetMyDrivers,
ByePass+, and Updater), and Cyren, Inc. (which provides certain features
of System Mechanic Professional, System Mechanic Ultimate Defense, Malware
Killer, and System Shield). With respect to any software or applications
developed or provided by any Third Party Providers, RealDefense (i) makes
no warranties of any kind, whether express or implied; (ii) makes no
guarantees of any kind, including with respect to performance, uptime, or
availability; (iii) expressly disclaims any liability whatsoever for any
claims relating to or arising out of the use of Third Party Providers’
products, software, or applications; and (iv) will have no obligations to
provide support for any software or any applications provided by any Third
Party Provider.
- Without limiting any of RealDefense’s rights under this Agreement,
you agree to indemnify, defend, and hold RealDefense harmless from any
claim relating to or arising out of the use of any product, software,
application, or service provided by any Third Party Provider.
VIII. AUTOMATED TELEPHONE DIALING SYSTEMS
You agree to allow RealDefense and its
associated companies to contact you for marketing or other purposes using an
automated telephone dialing system, an artificial or prerecorded voice message,
and by email. Your assent to this Section of this Agreement is not a condition
of purchasing any Products. You may revoke your consent at any time by
contacting us to notify us of such revocation.
IX. INTELLECTUAL PROPERTY RIGHTS
- 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 Products, networks, systems, or
servers, or that is used or transmitted by another person by means of our
networks, systems, or servers using the Products 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 rights.
- You agree not to upload, download, display, perform, transmit or
otherwise distribute any Content that (i) is libelous, defamatory,
obscene, pornographic, abusive, or threatening; (ii) advocates or
encourages conduct that could constitute a criminal offense, give rise to
civil liability, or otherwise constitute a violation of applicable law; or
(iii) advertises or otherwise solicits funds or is a solicitation for the
purchase or sale of goods or services. RealDefense reserves the rights to
terminate your ability to upload, download, display, perform, transmit or
otherwise distribute such Content; terminate your Software license and
your subscription for Services; and delete any such Content from
RealDefense’s servers.
- The services provided herein are protected by copyright, trademark,
patent, and other United States and foreign laws. These terms do not grant
you any right, title, or interest in the Products or in any RealDefense
trademark, logos, and other brand features. You may not use or display any
trademarks or service marks owned by RealDefense without RealDefense’s
prior written consent.
- 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, 150 S Los Robles Ave, Suite 400, Pasadena, CA
91101; or at DMCA@realdefen.se. If you have knowledge or evidence or in good faith believe that
your 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 takedown request to the DMCA Agent containing
the following information (the “Takedown Request”):
- Your name, address, telephone number, and email address;
- An identification of the copyrighted work that you claim has been
infringed;
- The exact URL or a description of where the alleged infringing
material is located;
- 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;
- An electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above
information in your Takedown Request is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf.
- 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 person who
is determined to have infringed the copyrights of any other person or
entity.
X. PAYMENT AND BILLING
- 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://www.ustechsupport.com/.
- You are responsible for all payments related to the Products. Unless
we explicitly invoice and itemize tax charges, your payments will be
exclusive of taxes, and it is your responsibility to ensure that all
applicable taxes have been paid.
- To ensure that you have continuous protection, we will attempt to
charge your stored payment method at the then-current price prior to your
subscription’s expiration date. If the then-current price has changed, we
will notify you of the then-current pricing via email prior to charging
the payment method on file. For annual (or greater duration)
subscriptions, we may attempt each renewal charge up to 35 days prior to
the subscription expiration date. The date that your payment method is
charged will depend on a handful of factors, including but not limited to
date and time of first attempt, pending credit card authorizations, and
card issuer declines. AUTOMATIC RENEWAL: Most of our offerings
automatically renew each year or each month. For annual subscriptions, we
will notify you via email to the email address we have on record prior to
each annual automatic renewal. If you have purchased a pre-paid
subscription, annual subscription paid monthly or trial (exceeding 31
days) that automatically renews as a paid subscription, we will notify you
via email before we charge the payment method on file. If you have a
monthly billed subscription without an annual commitment, you may not
receive an email each month prior to the subscription charge.
- will continue to bill your account until it is canceled or
terminated. You may cancel your account by calling us at (801)
857-2345 or via online chat, email,
or website contact form.
- Refunds for purchases of standalone Software (not provided as part
of a Service) will be granted only to users who contact RealDefense within
thirty days of purchase by phone at (801) 857-2345. While we will process your refund within ten business days, it may
take your financial institution longer to post the credit to your account.
- Monthly and annual subscription fees are not refundable.
- All other charges, fees, and taxes are non-refundable unless
explicitly stated.
- We reserve the right to discontinue a discount and/or to change
price(s) or offers at any time. These changes will not affect your current
subscription, but may affect the price for any renewal.
XI. TERMINATION
- 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:
- You are in material breach of this Agreement,
- You are using the Services in a manner that would cause a real risk
of harm or loss to us or other users, or
- You are delinquent in meeting your payment obligations.
- 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 data from the Products. If after such notice
you fail to take the steps we ask of you, we will terminate or suspend
your access to the Products.
- In certain instances, however, we will terminate your account
immediately without first providing you notice. This typically occurs if:
- You are in material breach of this Agreement,
- Providing you notice of termination would cause us legal liability
or hinder our ability to service our other customers, or
- We are prohibited from doing so by applicable law.
XII. NO WARRANTIES
- 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 PRODUCTS. THE PRODUCTS
ARE PROVIDED “AS IS.”
- WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
XIII. INDEMNITY
- 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:
- Any use of the Products in a manner not authorized by this
Agreement;
- Any material breach by you of the provisions in this Agreement or
the Privacy Policy; and
- Any acts or omissions on your behalf which infringe,
misappropriate, or otherwise violate the intellectual property rights of
any other person.
- 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.
XIV. LIMITATION OF LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALDEFENSE, ITS AFFILIATES,
SUPPLIERS, CONTRACTORS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES REALTED TO LOSS OF USE, DATA, BUSINESS, OR
PROFITS, REGARDLESS OF LEGAL THEORY.
- THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER
REALDEFENSE OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF
SUCH DAMAGES.
- IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE
PURPOSE, REALDEFENSE, ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS WILL
HAVE NO LIABILITY TO YOU FOR ANY DAMAGES RELATED TO LOSS OF PROFIT, LOSS
OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. REAL
DEFENSE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER
ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
- WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF 50 USD OR THE ACTUAL
AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH REALDEFENSE.
XV. DISPUTE RESOLUTION; GOVERNING LAW
- PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO
ARBITRATE DISPUTES WITH REALDEFENSE AND LIMITS THE MANNER IN WHICH YOU CAN
SEEK RELIEF FROM REALDEFENSE.
- 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 (801)
857-2345 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.
- If we cannot resolve your issue as described above, you 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 these arbitration-related provisions, including their
enforceability, revocability, or validity.
- You acknowledge that arbitration is a substitute for litigation, and
that you agree to present any dispute to the arbitrator and not a
governmental agency, body, or court.
- You can decline this agreement to arbitrate by emailing us at support@realdefen.se within thirty 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.
- 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, California,
or any other location we agree to. The AAA rules will govern payment of
all arbitration fees. Judgment may be entered in any court having jurisdiction. Notwithstanding
the foregoing, RealDefense may seek injunctive or other equitable relief
in any court of competent jurisdiction. Without limiting or waiving any
right or remedy to which RealDefense or its assigns may be entitled under
this Agreement or applicable law, in the event of any actual or threatened
breach of this Agreement by you or on your behalf, RealDefense would be
irreparably damaged if this Agreement was not specially enforced and, as
such, you agree that RealDefense shall be entitled, without the need to
post bond or other security or provide proof of damages, to seek
injunctive relief or other equitable relief in any court of competent
jurisdiction. You may not, in any circumstance, seek to enjoin or limit
the availability of any of Realdefense’s Products.
- To the full extent permitted by law: (I) no arbitration shall be
joined with any other; (II) there is no right or authority for any claim
related to this Agreement or RealDefense’s Software, Sites or Services to
be arbitrated on a class action basis or to utilize class action
procedures; and (III) there is no right or authority for any claim to be
brought in a purported representative capacity on behalf of the general
public or any other persons. YOU AND REALDEFENSE AGREE THAT EACH
MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and RealDefense
agree otherwise, the arbitrator may not consolidate more than one person's
claims and may not otherwise preside over any form of a representative or
class proceeding.
- THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO
ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR
RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE
PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND
INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND
THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND
HAVE A JURY TRIAL.
- YOU AND REALDEFENSE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE
OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- Except as expressly
provided otherwise, this Agreement shall be governed by, and will be construed
and enforced under, the laws, rules and regulations of the United States of
America and the laws, rules and regulations of the State of California, excluding
conflict of law rules and principles.
XVI. MISCELLANEOUS
- 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
other terms and conditions applicable to the subject matter of this
Agreement. These Agreement creates no third-party beneficiary rights. You
acknowledge that any adjustment or amendment to this Agreement must be in
writing, signed by you and an authorized employee of RealDefense.
- RealDefense’s failure to enforce a provision is not a waiver of its
right to do so later. Our rights under this Agreement survive any transfer
or termination of this Agreement.
- 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.
- If any part of this Agreement is held or found to be invalid or
unenforceable, that portion of the Agreement will be construed to be
consistent with applicable law while the remaining portions of the
Agreement remain in full force and effect.