iDefend Service Terms & Conditions
Last updated: November 2024
Introduction
Thank you for choosing iDefend. The details contained in this document will be collectively referred to as the “Terms.” These Terms govern your use of any iDefend services, technology, and support services (the “Service” or “Services”) provided by INVISUS, its software and service providers, affiliates, and contractors.
By ordering, accessing, or using the Services online, via phone, app, or online remote connection, you agree to these Terms herein. If you do not agree to these Terms, you may not access or use the Services or permit others to do so on your behalf. By enrolling in iDefend, you authorize INVISUS and its service providers to obtain and monitor your information including from credit reporting agencies and/or other monitoring services as necessary to provide the Services. INVISUS reserves the right to refuse to provide the Services to anyone at any time without notice for any reason.
You represent and warrant that (a) you are at least 18 years old and have the legal capacity and authorization to legally bind yourself to the Terms; (b) you have read and agree to these Terms; (c) the contact and payment information you submit to INVISUS or another third-party sponsoring and billing organization is correct and complete.
1. Enrollment and Subscription
You may enroll in iDefend online, by phone, by another method approved by INVISUS, or by a third-party who is authorized to provide your personal information to enroll you on your behalf. iDefend is billed on a subscription basis by INVISUS or through an affiliate or third-party sponsoring organization.
2. Account Setup
It is your responsibility to complete your iDefend setup by logging in to your account online and entering the required personal information to be monitored for plan members. Although coverage, including restoration services, is effective upon enrollment, certain identity theft scans and monitoring activities cannot be conducted until your account setup has been completed and you have provided the basic required personal information. You can contact iDefend Customer Support at 801-692-6200 for assistance in setting up your account.
3. Free Trials
INVISUS, in its sole discretion, may offer a Subscription with a free trial for a limited period (“Free Trial”). Free Trials are only available to new customers of the Services, unless otherwise clearly defined in the applicable signup process or promotional details. You may be required to enter your billing information to sign up for the Free Trial. You will not be charged by us until the Free Trial has expired. You may cancel your subscription within at least 24 hours prior to the end of your Free Trial period to avoid being automatically charged the applicable fees for your subscription. At any time and without notice, we reserve the right to modify the terms and conditions of any Free Trial offer or cancel such Free Trial offer.
4. Money-Back Guarantee
Your satisfaction with our Services is our top priority, which is why we offer a money-back guarantee. If you want to cancel your iDefend account and request a refund, you must call iDefend Customer Support at 801-692-6200 within 24 hours of expiration of your money-back guarantee promotional period.
5. Payment; Automatic Renewal
A valid payment method is required to process the payment for your subscription. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”), typically monthly or yearly. You agree to pay for the subscription and Billing Cycle you choose, and you authorize us to automatically charge the payment method on file for your recurring payments and to obtain automatic updates for expiring payment cards you have provided. You may change your preferred payment method any time by logging into your account or by calling iDefend Customer Support.
At the end of each monthly or annual Billing Cycle, your subscription will automatically renew for an additional Billing Cycle at the current price or as otherwise communicated to you by us, unless your subscription has been cancelled at least one (1) day prior to the commencement of your next Billing Cycle.
We may change the fees that we charge for the Services at any time at our sole discretion, provided that we will give you at least thirty (30) days of prior notice of such changes. Unless otherwise specified in such notice to you, any changes to the subscription fees will take effect in the next Billing Cycle immediately following our notice to you.
Unless we expressly provide otherwise, all amounts paid are non-refundable. You further agree to be responsible for any applicable state/provincial/territorial, federal or other taxes that may be associated with the Services, including sales taxes, along with any transaction fees and currency conversions added by your financial institution and intermediaries.
6. Cancellation
You may cancel your account at any time by calling 801-692-6200 or by contacting the third-party sponsoring organization through which you pay for your iDefend Services. Once your account has expired or been terminated for any reason, you will have no further right or access to use the Services, and you immediately shall cease using, uninstall, or otherwise destroy all copies of any materials or software provided to you. We reserve the right to terminate your account with or without cause at any time and for any reason. There are no refunds for unused days or months remaining in the current billing cycle in which your services are terminated.
7. Late payments, Account Suspended
If, for any reason, your payment is not cleared on the day it is due, your account and all protection benefits will be automatically suspended until your account is brought current. You will be notified of any payment problems and past due amounts by email and/or by phone. INVISUS reserves the right to terminate accounts that reach 60 days past due. Past due accounts are returned to active status upon payment in full of all past due amounts. INVISUS may, to the extent permitted by law, charge a late fee of up to one and one-half percent (1.5%) a month (18 percent annually), or a flat $5 a month late fee, whichever is greater, on unpaid balances. INVISUS may also charge for any collection agency fees billed trying to collect from you.
8. Family Members
The Services may be only accessed and used by you as the primary plan member, a spouse or domestic partner, and children under the age of 25 for whom you are a parent or legal guardian (“Family Members”). You acknowledge and agree that subject to our then-current customer authentication procedures, another adult customer enrolled on your account may authorize changes to the account, including termination of your subscription or changes resulting in additional charges.
You agree that the information you provide about yourself or about other Family Members is true and accurate. If requested, you agree to provide documentation necessary in our sole discretion to prove your relationship with any minor child or other people on your account and any authorizations and/or consents obtained. You acknowledge and agree that you will not enroll any Family Member over the age of 18 and monitor their accounts unless you obtain express consent from them and their authorization is documented by you. You acknowledge that you are subject to these Terms and are responsible for the Family Members’ activity on the Services.
If you receive information or alerts related to another adult member’s credit profile (“Credit Information”), you agree you will not use such Credit Information for consumer or commercial credit-granting purposes, and in all cases will use such information in accordance with all applicable laws and regulations. INVISUS is not responsible for the actions of individuals whom you choose to share your informational alerts with.
Not all features are available in all plans. Not all devices may be covered in all plans. Specific areas of monitoring, security and support vary by plan type. Some features require login to your iDefend account to be activated. You will receive service notices and alerts to the email address you provide upon enrollment.
9. Identity Theft Monitoring
Using the information you provide, we monitor for various types of identity theft including credit fraud, account takeover fraud, social security benefits fraud, medical identity theft, tax return fraud, criminal records fraud and more. We monitor for signs of identity theft and the suspicious use of your personal information on the dark web, credit bureaus, National Change of Address (NCOA) database, utilities, criminal court records, financial account takeover and other fraud databases. You will be notified of potential identity theft activity we detect related to the personal information you enter and keep updated in your iDefend account. Not all monitoring services are included with every plan.
You hereby acknowledge and understand that our monitoring and services are limited to the account information provided by you and from our third-party providers, and we may in certain circumstances experience delays or failures to process or identify fraudulent activity and transactions. You acknowledge and agree to monitor your accounts and transactions and further expressly recognize that you should not solely rely on iDefend alerts for accuracy or delivery in all cases.
10. Credit Monitoring, Reports and Score
If your iDefend plan includes credit monitoring, reports or scores, your identity must be successfully verified and authenticated with the Experian credit bureau, and Experian must be able to find your credit file and it must contain credit history information. You authorize INVISUS and its service providers to obtain and monitor your information from credit reporting agencies to provide the Service and to make information available to you for your own use in accordance with the requirements of the Fair Credit Reporting Act.
Federal law (Section 211 of the Fair and Accurate Credit Transactions Act) provides you the right to obtain a free annual copy of your credit report from each of the national credit reporting agencies. THIS NOTICE IS REQUIRED BY LAW. Read more at FTC.GOV. You have the right to a free credit report from AnnualCreditReport.com or 877-322-8228, the ONLY authorized source under federal law.
You understand that there are numerous credit scores and models available in the marketplace and lenders may use a different score when evaluating your creditworthiness. If you have questions regarding your credit score or would like to dispute information in your credit file, you may request an investigation by contacting the credit reporting company that supplied the information, as indicated in your credit report.
We are not a credit repair organization. We cannot improve your credit report, credit history or credit rating. We do not provide you with advice or assistance in improving your credit report, credit history or credit rating. Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate information, it is your responsibility to contact the relevant credit reporting company and follow the appropriate procedures for notifying them that you believe that your credit report contains errors.
11. Financial Transaction Monitoring
If you choose to activate our Financial Transaction Monitoring services, you must provide us with any necessary information to render the Services, including, without limitation, the applicable account credentials for your credit, commerce, banking, investment, and other eligible account(s). Should you change your financial account information with any of your third-party financial account providers, you must also update that account information in our system in order for us to continue to provide the Services for that respective account. You hereby acknowledge and understand that our network(s), products, and/or services are limited to the account information provided by you and your third-party providers, and we may in certain limited circumstances experience delays and/or failures to process or identify fraudulent transactions. You hereby acknowledge and agree to monitor your accounts and transactions and expressly recognize that you should not solely rely on alerts from your iDefend service for accuracy or delivery in all cases.
12. Title Theft Protection
Some plans include additional title monitoring and protection for property you own and register with us such as for your home or car. If we identify or you are notified of an ownership or other change on the title to your monitored property, you will need to contact your relevant property title authority such as your county’s assessor or recorder’s office to get more detailed information and/or correct their records. The accuracy of any notifications provided through the Services is dependent on the authorities’ records. You acknowledge and agree that we will not be liable for any inaccuracies or errors in such records, or for the absence of any information in such records. Title theft support services are provided on a case-by-case basis to assist you in the correction and restoration of your property title depending on the respective authorities’ consent for us to provide restoration services on your behalf.
13. Identity Theft Restoration
Upon discovery of an identity theft/fraud incident, you will be assigned an identity theft recovery specialist who will investigate, confirm and assist you in resolving your identity theft case. You may be asked to sign a Limited Power of Attorney in order for your specialist to work on your behalf, coordinate and file disputes with creditors, credit bureaus, bill collectors, financial institutions, utilities, health insurance providers, and agencies such as the IRS, DMV, SS Administration, state and county records, U.S. Postal Service, etc. Where possible, the recovery process includes coordination with law enforcement to assist in the apprehension and prosecution of the identity thief.
Prompt reporting of fraudulent, unusual, or suspicious activity is critical to minimizing potential losses and resolving incidents. You hereby agree that (a) You will promptly notify INVISUS, without reasonable delay, in the event that your wallet, purse, or identity information is lost or stolen; and (b), You will promptly notify INVISUS, without reasonable delay, upon discovery that someone has improperly used, or attempted to use, your personal information to impersonate or commit fraud; and (c), You will fully cooperate and be truthful with our identity theft recovery specialists, and you will execute or provide any necessary documents for INVISUS and/or its service providers that are required to provide services on your behalf.
14. Identity Theft Recovery Expense Reimbursement
To make identity theft restoration as painless and hassle-free as possible, your iDefend plan includes up to $1 million in expense reimbursements for your out-of-pocket costs incurred with restoring your identity including attorney services, court costs, lost wages from time off work and more. Current terms and summary of coverage is available online in your iDefend account or upon request.
15. Child and Family Safety
The Family Safety services are for parents to safeguard and monitor the online activity of their minor children and are designed to be administered by adults on behalf of a family. You may use the Services to track and monitor only your minor children, minor children for whom you are the legal guardian or others for whom you have legal authorization to track and monitor. By enrolling a child as part of your plan, you represent and affirm that (a) you are the custodial parent or legal guardian of each minor child you register, (b) any documentation that you provide asserting the same is valid, (c) each minor child that you register legally resides at your address of record, and (d) that as required, you are able and willing to provide a copy of (i) your valid driver’s license, (ii) your child’s social security card, (iii) your child’s birth certificate, and (iv) any other documentation required to verify proof of legal guardianship. You agree to notify us in the event that the status of your legal guardianship changes; we reserve the right to cancel each child upon such status change.
You acknowledge that any parental controls software, monitoring, or settings will not restrict or monitor all activity, content, or your child’s behavior. Alerts or insights may not be 100% accurate or timely. Any information obtained through your use of parental controls is delivered to you for your use at your own discretion and risk. No advice, results, information or materials, whether oral or written, or obtained by you through the Services shall create any warranty or representation by INVISUS.
You further acknowledge that by using any content filtering software or settings, INVISUS does not guarantee that content you deem objectionable will be 100% blocked at all times. You assume full risk and responsibility for the use of or reliance on content filtering software and settings recommended or provided to you. “False positive” content blocking may occur from time to time or at any time.
THE FAMILY SAFETY SERVICES ARE NOT A MEDICAL DEVICE AND YOU EXPRESSLY AGREE THAT THE SERVICES DO NOT INVOLVE THE PROVISION OF MEDICAL ADVICE BY INVISUS. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND CANNOT REPLACE THE SERVICES OF PHYSICIANS OR MEDICAL PROFESSIONALS. THE FAMILY SAFETY SERVICES, INCLUDING ALL INFORMATION, RECOMMENDATIONS, TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO, AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR THIRD PARTIES, IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS.
BY USING THE FAMILY SAFETY SERVICES, MONITORING SOFTWARE, AND OTHER FEATURES, YOU EXPRESSLY AUTHORIZE INVISUS TO PROCESS THIS INFORMATION ON YOUR BEHALF, AND INDEMNIFY INVISUS FROM ANY THIRD PARTY CLAIMS, INCLUDING ANY STATE OR FEDERAL ‘WIRETAP’ LAW CLAIMS, ASSOCIATED WITH THE COLLECTION OF THIS INFORMATION ON YOUR BEHALF.
16. Online Personal Data Removal
If you activate the Online Personal Data Removal services, you acknowledge and agree that on your behalf, we will make reasonable efforts to have your personal information that you provided to us removed or suppressed, in whole or in part, from certain third-party databases and/or websites (the “Data Brokers”) identified in the Services. You understand that we will only be able to submit opt-outs for the information you provide to us.
You expressly authorize INVISUS, its agents, and its employees, to act as your personal representative or authorized agent to submit opt outs to Data Brokers and otherwise implement the Services and if applicable and available to you, for any minor plan members, including by acting to obtain information on your behalf, (a) submit your personal information to Data Brokers, (b) communicate with Data Brokers or other third parties on your behalf, (c) take any other actions that we believe is reasonably necessary to opt you out of a Data Broker.
The extent of the opt-out will vary based on the Data Broker, and its terms and practices. It is possible that some Data Brokers may contact you to confirm your request and/or to request additional information; and in such an event, our ability to remove your information will depend on your response to them.
You can personally opt out of Data Broker and other people search sites to the same extent that we can on your behalf. INVISUS makes no claims that it has any ability to opt you out of any Data Broker beyond your ability to do so on your own behalf. You must give us authority to act only on your behalf. INVISUS is under no obligation to and will not pay any fees to a Data Broker in order to opt you out.
If you give us information that we know, discover, or suspect is false or inaccurate, or relates to another person that is not accurate, we may suspend or terminate your access to the Services and reserve the right to, where we deem it appropriate, report such conduct to law enforcement and other third parties, and to cooperate in the investigation of such conduct.
We are not liable to you for the manner in which a Data Broker treats or uses your personal information. A Data Broker’s treatment or use of your information will be subject to the Data Broker’s policies, if any, and not these Terms.
While we will make reasonable efforts to remove your information, the success of the Services is ultimately dependent on the cooperation of the Data Brokers. We cannot and do not guarantee that the Services will be effective, that opt out requests will be honored by Data Brokers, or that all opt outs will be equivalent. We are not responsible for the actions or inactions of any Data Broker, and make no representations, warranties or guarantees related to such. You expressly agree that we will not be liable to you under any circumstances for any actions or inactions of the Data Brokers, or for our failure, for any reason, to effectuate opt-outs on your behalf.
17. Social Media Monitoring
If you enable this feature, we will monitor your accounts on certain social media sites that you connect to the Services and notify you of suspicious posts, content, potentially malicious links, and the exposure of personal information that puts your privacy and identity at risk. It does not monitor chat or direct messages on social media platforms. You can monitor a child’s social media accounts for inappropriate content, threats, bullying, and more. Child monitoring alerts are sent to you as the primary adult plan member.
18. Computer, Network, and Device Security Support
iDefend includes a wide array of cybersecurity support Services for your home network, computer and mobile devices. Your Services may include but are not limited to computer security checkups, virus/malware removal, security software support, home network security checkups, and mobile device security and privacy support.
We may request access to your device to attempt removal of malware or perform other specified services and will make commercially reasonable efforts to remove the malware from your device. 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). INVISUS is not responsible for the loss of or recovery of data, software, or loss of use of system(s) or networks arising out of your use of these Services or any act or omission, including negligence, by us or our representatives.
You acknowledge and agree that 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 Services, 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.
19. Technical Support Services
Some iDefend plans include unlimited technical support services including computer problem troubleshooting and repair, computer tune-ups and maintenance, home network/Wi-Fi setup, device connectivity, and peripheral device connectivity. The computers and devices supported are limited to personal/household devices only. Not all features and support services are available on all operating systems, devices or software platforms. Limited security and support services may apply to smart devices connected to your home network including printers, virtual assistants, home security and smart home automation devices.
INVISUS may from time to time be unable to provide the Technical Support Services requested due to catastrophic events, electrical power outages, website maintenance, virus activity, difficulty with Internet access that is beyond the control of INVISUS, and other reasonable circumstances. INVISUS is not responsible for lost files or data. We recommend that you establish or maintain a separate and external backup file of the programs and information stored on your computer for the reconstruction of any data before seeking technical services from INVISUS.
20. Remote Connect Support
When you contact our technical support team, you will speak with an iDefend technician with INVISUS. The technician may offer to remotely connect to your computer on a secure connection through the Internet to provide the service. Each session is private and secure, initiated at your request. Once service has been provided, you will be able to terminate the connection, or watch the technician terminate the connection with your computer and/or devices.
By design, you must request service from INVISUS and allow our technicians to work with your computer(s), network and devices. INVISUS cannot gain access to your system in the absence of your request, online presence and involvement in the process. When you request security and technical support services, you hereby grant INVISUS the right to connect to your computer or device, gather system data, download and use software on your computers and devices for the purpose of diagnosis, service and repair while performing the Services. You have the option to allow, decline, halt the advancement of, and/or terminate the online remote session.
You hereby grant permission to INVISUS to monitor and/or record the support phone calls and remote connect sessions as necessary to satisfy any law, regulation, or other governmental request; to protect ourselves and our users; for training purposes; and to enhance the Services we may provide in the future.
21. Third-Party Software
INVISUS may need to download or run software on your computers or devices to provide the Services and to diagnose and resolve problems. We may suggest that you license or use third party apps or software. In performance of the Services, you agree that we may download and utilize third-party software and accept any applicable license agreements on your behalf. You acknowledge and agree that we may download and install trial versions of software that will expire and cease to function after a certain period unless you purchase a license to continue using such software. You agree that we may, but are not obligated to, remove any software downloaded to your computers or devices during the Services or after we have completed or terminated the Services. In any event, INVISUS does not represent, warrant, or guarantee the reliability of any third-party software, application or product used to provide the Services, or that you choose to license or use at any time during, after, or prior to the Service.
22. Links to Third-Party Websites and Products
The Services may also provide hyperlinks to third-party websites, resources, products or services (“Third-Party Content”). You acknowledge and agree that INVISUS is not responsible or liable for (a) the availability, terms or practices of such websites, resources or services, or (b) the content, products or services available through third parties, including that any third-party information provided is complete, accurate or up to date.
Links to Third-Party Content, websites, resources, or services do not imply any endorsement by INVISUS. If you choose to access or use any Third-Party Content, your personal information may be available to a third-party content provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy, and other policies, if any, and not our policies. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any Third-Party Content.
23. Cyberhood Watch
Every iDefend plan includes a Cyberhood Watch newsletter membership. This provides you with timely and important cybersecurity tips, scam alerts, and identity theft protection resources sent right to your email inbox. You understand these tips, alerts and news updates are provided as general self-help information and in no way guarantee your safety, privacy or security. You also understand that Cyberhood Watch content is copyright protected and may not be copied, duplicated or otherwise used without the express permission of INVISUS.
24. Service Updates
We may from time to time develop and provide updates for the Services, which may include upgrades, bug fixes, patches and other error corrections and/or new features, functionality, tools or content (“Updates”). Updates may modify or delete features, functionality, tools or content in their entirety. All Updates will be deemed part of the Services and be subject to all terms and conditions of the Terms. You agree that INVISUS has no obligation to provide any Updates or to continue to provide or enable any particular features, functionality, tools or content.
25. Updates to Terms
At any time, we may modify these Terms. If in our sole discretion we deem a revision to these Terms to be material, we will notify you via email or other service notices associated with your account. Notice of changes may also be provided via the site. We encourage you to check the date of these Terms whenever you visit the site to see if these Terms have been updated. Your continued access or use of any portion of the Services constitutes your acceptance of such changes. If you don’t agree to any of the changes, we are not obligated to continue providing the Services, and you must cancel and stop using the Services.
26. Service Upgrades, Downgrades, Transfers
Only you as the primary plan member may change the iDefend plan type and Services associated with your account. Certain upgrade or transfer fees may apply for upgrading or switching to different services. The iDefend service may not be transferred from one account owner to another.
27. Your Conduct
You agree that you will always protect your personal information in a reasonable way. Accordingly, you will not recklessly disclose or publish your Social Security number or any other Personal Information to those that would reasonably be expected to improperly use or disclose that Personal Information, such as in response to email and text message phishing scams, scam phone calls, or pop-up messages seeking disclosure of your personal information.
28. User Data, Accounts and Passwords
You are fully and solely responsible and liable for the content and data you enter in relation to the Services, including your iDefend username and password. You are solely responsible for ensuring that you keep your username and password safe. You agree not to disclose your password to any third party and must notify us immediately of any unauthorized use of your account. We are not responsible for your failure to do so, or for any delay in suspending or terminating your account after you do. You are responsible for all use of your account. We may reject or require that you change any username or password at our sole discretion. We reserve the right to lock your account in the event of any suspected or actual fraud or a violation of these terms.
29. Privacy
In connection with your use of the Services, you may be asked to provide personal information that identifies you (and other plan members) individually including without limitation Personally Identifiable Information (PII), credit history, financial account information, government IDs and other personal information. You authorize INVISUS and its providers to use and access your personal data as necessary to provide you with identity theft monitoring, credit monitoring, and identity theft recovery and other monitoring and protection services. The information you provide will be transmitted securely and kept confidential.
We will not share your account or personal information with any third parties without your permission, except as specifically required to perform the Services. We can, however, share and use this information as required by law, by legal processes, by exigent circumstances, or to protect ourselves. We may also use this information to communicate with you about goods and services related to INVISUS products and services. BY ACCESSING OR USING THE SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ OUR PRIVACY POLICY AND AGREE TO BE BOUND BY IT.
30. Ownership; Proprietary Rights
The Services, including the software and all content (and any releases, updates, or enhancements), features and functionality, including, without limitation, information, text, graphics, logos, button icons, images, visual interfaces, audio clips, video clips, data compilations, computer code (including source code or object code), software, products, services, and the design and arrangement thereof, and any accompanying documentation are the exclusive property of INVISUS, its licensors, or other content suppliers and are protected by the United States copyright, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights laws. Except as expressly authorized by INVISUS, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of the Services or materials. INVISUS reserves all rights not expressly granted in these Terms.
You may not, or allow a third party to; (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Services by any means whatsoever; (b) remove or destroy any copyright notices or other proprietary markings from the Services; (c) modify or adapt any aspect of the Services, merge any aspect of the Services into another program, or create derivative works based on the Services; (d) repackage, modify, adapt, tamper with, alter, translate, or create derivative works of the Services or any aspect thereof; (e) combine or merge any part of the Services with or into any other software or documentation, or refer to or otherwise use the Services as part of an effort to develop software or services having any functional attributes, visual expressions, or other features similar to those of the Services or to compete with iDefend; (f) attempt to gain unauthorized access to any Services, or the accounts of other users, or computer systems or networks connected to the Services, or bypass any measures we may use to restrict access to the Services, or interfere with or disrupt servers or networks connected to any Services.
31. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold INVISUS, its affiliates, agents, suppliers, vendors, contractors, resellers, third-party partners, and licensors, and each of their respective contractors, subcontractors, officers, directors, shareholders, employees, and agents, harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your access to or use of the Services. INVISUS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify INVISUS and related entities, and you agree to cooperate with INVISUS’ defense of these claims. INVISUS will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
32. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS AND WITHOUT WARRANTY. ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, NON-INTERFERENCE, ACCURACY, & NON-INFRINGEMENT ARE DISCLAIMED. YOU UNDERSTAND AND AGREE THAT INVISUS AND IT SUPPLIERS AND PROVIDERS DO NOT GUARANTEE YOUR PROTECTION. INVISUS DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES AND CONTECT ARE ACCURATE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE RELIABLE. INVISUS DOES NOT AUTHORIZE ANY PERSON OR COMPANY TO MAKE ANY WARRANTIES ON ITS BEHALF. THE INFORMATION AND OTHER MATERIALS YOU MAY RECEIVE FROM INVISUS DOES NOT CONSTITUTE LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. YOU AGREE AND UNDERSTAND THAT YOUR IDEFEND SERVICE DOES NOT INCLUDE OR PROVIDE REIMBURSEMENT FOR ACTUAL FINANCIAL LOSSES.
33. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT INVISUS, ITS SERVICE PROVIDERS, AFFILIATES, OR SPONSORING ORGANIZATIONS (“PROVIDERS”) AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES WILL NOT BE LIABLE TO YOU (OR ANY OTHER PERSON YOU ENROLL IN ANY SERVICE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR USE, OR INABILITY TO USE THE PRODUCTS, MEMBERSHIP BENEFITS, OR CONTENT EVEN IF INVISUS OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. INVISUS SHALL NOT BE LIABLE TO ANY THIRD PARTY OR FOR ANY THIRD-PARTY CLAIMS. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON INVISUS AND/OR ITS PROVIDERS, THEN YOU AGREE THAT INVISUS, AND/OR ITS PROVIDERS’ TOTAL LIABILITY TO YOU (AND ANY OTHER PERSONS YOU ENROLL IN ANY SERVICE) FOR ANY OR ALL OF YOUR LOSSES OR INJURIES, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU OR ON YOUR BEHALF FOR THE SERVICES. INVISUS’ TOTAL LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU OR ON YOUR BEHALF FOR THE SERVICES. THIS SECTION IS A FUNDAMENTAL PART OF OUR SERVICE AGREEMENT, WITHOUT WHICH INVISUS WOULD NOT BE ABLE TO PROVIDE THE SERVICE, AND THIS SECTION WILL APPLY DESPITE THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
34. General
This Agreement constitutes the entire agreement between INVISUS and you.
(a) Force Majeure
INVISUS shall not be deemed in violation of this Agreement if it is prevented from performing any of its obligations under this Agreement by reason of severe weather and storms; earthquakes or other natural occurrences; strikes or other labor unrest by any work force other than that of a party; power failures; nuclear or other civil or military emergencies; acts of legislative, judicial, executive or administrative authorities; acts of terrorism; or any other circumstances which are not within its reasonable control.
(b) Jurisdiction
You agree that this Agreement and any Services provided hereunder will be governed by the laws of the State of Utah, without regard to its conflict of law principles, or to any laws that would direct the choice of another state’s laws; and, where applicable, will be governed by the federal laws of the United States of America.
(c) Arbitration
You agree that any disputes arising from this Agreement will be settled by third-party mediation or arbitration in the state of Utah. Only a qualified arbitrator can decide whether an issue is appropriate for arbitration. An arbitrator can allocate the fees and costs of arbitration in an award to the prevailing party. Any arbitration award made after completion of any arbitration is final and binding and may be confirmed in any court of competent jurisdiction.
(d) Severability
In the event that any provision of this Agreement shall for any reason be held, by a court of competent jurisdiction, to be invalid, illegal or unenforceable in any respect, the remaining provisions of that section and this Agreement shall remain in full force and effect.
INVISUS, LLC
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