http://try.malwarebytes.com/identity-theft-supplemental-terms/

SUPPLEMENTAL TERMS FOR MALWAREBYTES IDENTITY PROTECTION CUSTOMERS

In addition to the Malwarebytes Software License Agreement, use of Malwarebytes Identity Protection products ("IDTP”) are subject to these Supplemental Terms and Conditions (“Supplemental Terms”), as may be amended from time to time. As used in these Supplemental Terms, the words "Malwarebytes," "us," "we," or "our" mean Malwarebytes, and any of its affiliates, agents, or service providers that may, at our sole discretion, be involved in the provision of IDTP. Malwarebytes utilizes a third-party service provider for hosting and operating IDTP. "You" or "your" means the individual that enrolls for IDTP.

1. Eligibility

In order to enroll for and use the credit features of IDTP, you represent and warrant that (i) you are at least 18 years old, (ii) are a resident of the United States, including any of its territories, (iii) you are the person whose credit report is being requested, and (iv) any information you provide is true and correct. Further, you also must have sufficient credit history in your credit file with TransUnion to generate a VantageScore Credit Score and to provide credit report information. If TransUnion cannot match you with a credit report or is otherwise unable to obtain your VantageScore Credit Score, you will not be able to use IDTP until such time as you have sufficient credit history. We reserve the right to refuse your access to, or use of, IDTP at any time.

2. Registration and Accurate Information

If you choose to enroll for IDTP, you will be required to register, provide personal information, and select a username and password or log in using your Malwarebytes user ID and password. You agree to provide valid and accurate information, keep your information current and not to share your log in information with anyone else. You authorize us to make any inquiries we consider necessary to validate your identity.

For ID Monitoring, we may verify your identity by requiring you to provide your full address, your date of birth, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third-party databases or through other sources. You agree that we may use your personal information to verify your identity. In the event we do not receive all the required personal information during the registration process, you agree that we may, in our sole discretion, use the database of TransUnion Interactive, Inc. (or another credit reporting agency), its affiliates or other resources to attempt to complete the required information on your behalf. If you do not provide this information or if we cannot verify your identity, we may refuse to allow you to use our services. We may continue to attempt to verify your identity and if we successfully do so, we will automatically enroll you into the credit version of the service.

You agree not to impersonate another person or to select or use a username or password of another person. You agree to notify TransUnion Interactive, Inc. promptly of any unauthorized use of IDTP and of any loss, theft or disclosure of your log-in information. Your failure to comply with these requirements is a breach of these Supplemental Terms and is grounds for immediate termination of your right to access IDTP.

3. Your Authorization to Obtain Your Credit Information

By indicating your agreement to these Supplemental Terms during enrollment, or by otherwise accessing or using IDTP, you are providing written instructions under the Fair Credit Reporting Act and other applicable laws, including similar state laws, authorizing Malwarebytes to obtain information from your credit profiles at TransUnion, Experian, and/or Equifax or any other consumer reporting agency for the purpose of verifying your identity and to provide credit reporting, monitoring, scoring and other credit related products to you, including to release your credit report information, including a VantageScore Credit Score, to Malwarebytes at our request at any time as long as you are enrolled in IDTP. You agree that we will use this information to provide you with IDTP, including any features we may change or add from time to time, to offer products and services to you, for analytical purposes, and for other purposes as permitted by applicable law. For more information about how Malwarebytes protects your privacy, please visit Privacy Policy.

4. VantageScore Credit Score

The credit score provided through IDTP is your VantageScore Credit Score. VantageScore Credit Score is calculated by a model (as may be updated from time to time) created by VantageScore Solutions, LLC. VantageScore Credit Score predicts credit risk. Specifically, it measures the probability that a person will pay his or her debts on time. There are many different credit scores in the marketplace based on different models with different scoring ranges. The scores provided through IDTP are for your educational and informational purposes only. Lenders use a variety of credit scores and are likely to use a credit score different from VantageScore to assess your credit worthiness. IDTP can only evaluate the account information that is reported to TransUnion (or the applicable consumer reporting agency). Accounts not reported to or subsequently deleted from your TransUnion (or the applicable consumer reporting agency) consumer credit report will not be reflected in your score. IDTP does not maintain your credit report information and is not able to make any changes to it. Malwarebytes also cannot act on your behalf to dispute the accuracy of any information that appears in your credit report. Malwarebytes and TransUnion (or the applicable consumer reporting agency) are not responsible for inaccurate results, including any due to incorrect, incomplete, or outdated information in your credit report.

5. VantageScore Simulator

IDTP has a credit score simulator that estimates how certain changes in your credit behavior may impact your VantageScore Credit Score. Simulated scores and score changes simulated by IDTP are only estimates. VantageScore Simulator is an educational tool. Any results are estimated outcomes and are not predictions or guarantees of a particular result. Malwarebytes and TransUnion (or the applicable consumer reporting agency) do not guarantee that your actual credit score will change by the same amount, in the same way, or at all, nor do they guarantee that you will be approved or rejected for credit by any financial institution.

6. ID Monitoring

ID Monitoring monitors certain websites for exposure or compromise of your personal information. We do not monitor all websites or internet services, nor do we guarantee that the ID monitoring service will detect all possible exposure and/or potentially fraudulent or improper use of your information on the internet. No product can detect all instances of fraud or data exposure. We will not remove your information from those websites. We do not ensure the accuracy or integrity of the information on those websites. ID Monitoring does not prevent your information from being stolen in the first place. In addition, ID Monitoring relies on the validity and accuracy of the information you provide to us. As such, if you do not keep your IDTP profile information current, we may not be able to detect the exposure or compromise of your information on the internet sites we monitor and provide you with relevant ID Monitoring alerts. It is your responsibility to keep your contact information up to date and review ID Monitoring alerts. You may only provide your own personal information for monitoring. You must not provide the personal information of any other person. We will not be liable to any third person if you provide their information in breach of this restriction. You acknowledge and agree that Malwarebytes and its partners that provide the ID Monitoring service accesses and retrieves information about you from third-party sites, as your agent for the sole and limited purpose of providing the services to you.

7. Identity Theft Insurance Benefit

Malwarebytes is not an insurance agency, nor does it sell or provide any insurance coverage. The expense reimbursement insurance benefit for applicable customers is underwritten by certain Underwriters at Lloyd’s, under a master group policy issued in the name of Cyberscout Limited, Sontiq Inc. and all subsidiaries for the benefit of members. A summary of the terms of coverage is set forth on your account dashboard under the “Support” tab of the IDTP portal hosted by Sontiq, Inc, a Transunion company. The complete policy is available from Sontiq on request. The identity theft insurance benefit only covers the primary user’s household. Claims will be reviewed by the insurer in accordance with the terms and conditions of the master group policy. Restoration services are provided by Sontiq, Inc. Coverage may not be available in all jurisdictions. The insurance carrier administers all claims and Malwarebytes and Sontiq shall have no responsibility with respect to such identify theft benefit. Restoration services are provided by Sontiq.

8. Credit Repair Disclaimer

Malwarebytes and TransUnion are not credit repair organizations as defined under federal or state law, including the Credit Repair Organizations Act. Malwarebytes and TransUnion do not provide “credit repair” services or advice or assistance regarding rebuilding or improving your credit history or credit score, or monitoring for specific events that may impact your credit information.

9. Customer Support

Malwarebytes and its partners shall provide commercially reasonable efforts to make customer support available for the IDTP product 24 hours a day, 7 days a week, including making Resolution Specialists available from 8am to 8pm eastern standard time, Monday to Friday.

10. Disclaimer

IDTP, INCLUDING THE PORTAL ITSELF, ALL CONTENT, MEMBERSHIPS, MEMBERSHIP PACKAGES, SUBSCRIPTIONS, PRODUCTS AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SOFTWARE OR WEBSITE, IS PROVIDED TO YOU “AS IS”. EXCEPT TO THE EXTENT EXPRESSLY STATED IN THESE SUPPLEMENTAL TERMS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER MALWAREBYTES NOR ITS PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES AVAILABLE ON OR ACCESSED THROUGH THE SOFTWARE, WEBSITE, OR THE USE THEREOF IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, FREEDOM FROM COMPUTER VIRUS OR OTHERWISE OR AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; THAT YOU WILL HAVE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SOFTWARE, WEBSITE, MEMBERSHIPS, PRODUCTS OR SERVICES; THAT OUR SOFTWARE, WEBSITE, MEMBERSHIPS, PRODUCTS OR SERVICES WILL BE ERROR FREE; THAT DEFECTS WILL BE CORRECTED, THAT THE SOFTWARE, WEBSITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THERE WILL BE NO UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION. MALWAREBYTES AND ITS PARTNERS EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND INFORMATIONAL CONTENT. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SOFTWARE, WEBSITE, MEMBERSHIPS, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK.

11. Limitation of Liability

THE ENTIRE RISK ARISING OUT OF THE USE OF THE SOFTWARE, WEBSITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. BY USING OUR SITE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER MALWAREBYTES NOR ITS PARTNERS HAVE ANY LIABILITY TO YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF OUR SOFTWARE, WEBSITE, CONTENT, MEMBERSHIPS, PRODUCTS OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT YOUR COMPUTER EQUIPMENT.

IN NO EVENT SHALL MALWAREBYTES BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF ITS SERVICES OR ANY DELAY IN PROVIDING SERVICES NOR SHALL MALWAREBYTES HAVE ANY ADDITIONAL LIABILITY TO YOU EXCEPT AS STATED HEREIN.

YOU UNDERSTAND THAT WE PARTNER WITH TRANSUNION TO MONITOR YOUR PERSONAL INFORMATION WITHIN A LIMITED NETWORK USING CERTAIN PROPRIETARY TECHNOLOGIES AND DATABASE INFORMATION OWNED BY OR UNDER LICENSE, BUT NOT ALL TRANSACTIONS, INCLUDING THOSE THAT MIGHT ENTAIL THE POTENTIALLY FRAUDULENT USE OF A CUSTOMER’S INFORMATION, MAY BE MONITORED AND THE SCOPE OF THE NETWORK UTILIZED TO PROVIDE ALERTS MAY CHANGE. YOU ALSO UNDERSTAND AND AGREE THAT IT MAY TAKE UP TO FOUR (4) WEEKS FROM THE DATE YOU ACCEPT THESE SERVICE TERMS AND COMPLETE THE ENROLLMENT PROCESS FOR ALL OF THE SERVICES TO BE FULLY ACTIVATED.

THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE LIABILITY OF MALWAREBYTES EXCEED THE FEES YOU PAID FOR THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS.

12. Indemnification

You agree to, and you hereby, defend, indemnify, and hold Malwarebytes harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against Malwarebytes, arising out of or in connection with: (i) your use of the Software, website and your activities in connection therewith; or (ii) your breach or alleged breach of the Malwarebytes Software License Agreement or these Supplemental Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Software, website or your activities in connection therewith; (iv) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) Malwarebytes’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Malwarebytes in the defense of any Claim and Losses. Notwithstanding the foregoing, Malwarebytes retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Malwarebytes reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Malwarebytes.

13. Your Right To Receive A Free Credit Report From AnnualCreditReport.com

Under the Fair Credit Reporting Act, you have the right to receive a free credit report from each of the three national consumer reporting agencies (Experian Information Solutions, Inc., Equifax Inc., and TransUnion) once during any twelve-month period. To do so or for more information, visit AnnualCreditReport.com or call 877-322-8228.