AVG PREMIUM SECURITY TERMS AND CONDITIONS
Furthermore, you understand that by clicking on the "ACCEPT" button, you are providing "written instructions" to AVG Technologies CZ, s.r.o., a company formed under the laws of the Czech Republic located at Holandská 2/4, CZ 639 00 Brno ("AVG") and its employees, agents, subsidiaries, affiliates, contractors, third party data sources and suppliers, and all other credit reporting agencies, (such as Subscribers accessing the Services in the United States of America, the FAIR CREDIT REPORTING ACT (FCRA), as amended) to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and further to provide the products and/or services to you.
II. Privacy and Information Sharing
III. DISCLAIMER OF WARRANTIES AND LIABILITY
B. In order to become a "Subscriber," you, the End User, must complete the registration process by first clicking on the relevant icon in the AVG Premium Security user interface which directs you to the relevant registration page at https://identityalert.avg.com/gb-en/register, and following such registration you are also required to enter the data necessary for login purposes (collectively referred to as the “Site”). All content, memberships, and the Services made available on or accessed through the Site, is provided to you "as is, where is" to the fullest extent permissible under applicable law, neither AVG nor its affiliates make any representations or warranties of any kind whatsoever as to the content, memberships, or the Services available on or accessed through the Site, that a Subscriber will have continuous, uninterrupted or secure access to the Site, memberships, products or the Services or that the Site, memberships, products or the Services will be error-free. In addition, AVG and its affiliates disclaim all express or implied warranties, including title, merchantability, and fitness for a particular purpose, non-infringement and informational content. Therefore, you agree that your access to, and use of, the Site, memberships, products, the Services and content are at your own risk. By using the Services and the Site, you acknowledge and agree that neither AVG nor its affiliates have any liability to you (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with your access to or use of the Site, content, memberships, products or Services, even if we have been advised of the possibility of such damages.
C. No advice or information, whether oral or written, obtained by you from AVG or through or from the Services shall create any warranty not expressly stated in this Agreement.
D. We are not a credit repair organization, or similarly regulated organization under other applicable laws, and do not provide credit repair advice.
E. Our credit monitoring offerings monitor only the credit file associated with the purchasing consumer, and do not monitor, compare or cross-reference the credit file associated with the purchasing consumer to any other credit file(s) maintained by the applicable credit bureau(s).
IV. LIMITATION OF LIABILITY
A. Subject to overall provision in paragraph III.A above, you expressly understand and agree that AVG and its subsidiaries and affiliates, and its licensors shall not be liable to you for:
- Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; or
- any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- a. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services, the Site or elsewhere;
- b. any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
- c. the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services;
- d. your failure to provide us with accurate account information; or
- e. your failure to keep your password or account details secure and confidential.
B. The limitations on our liability to you in paragraph IV.A above shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
V. Unsolicited Idea Submission Policy
When you provide us with comments, suggestions, or ideas (collectively "Feedback"), such Feedback is not considered confidential and becomes the property of AVG. We are not obligated to you if you provide such Feedback. We are free to use, copy, or distribute the Feedback to others for any purpose.
VI. International Use
Because you can access this Site and use the Services internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the United States or the country of your residence.
VII. FAIR CREDIT REPORTING ACT FOR SUBSCRIBERS RESIDING IN THE UNITED STATES OF AMERICA:
The Fair Credit Reporting Act allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.
Under the Fair Credit Reporting Act you are entitled to receive an annual free disclosure of your credit report from each of the national credit reporting agencies. To request your free annual report under the FCRA, you must go to www.annualcreditreport.com. You can also contact the central source to request this free annual disclosure by calling toll free (877) 322-8228.
You are entitled to receive a free copy of your credit report from a credit reporting agency if:
You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government granted license or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a credit report provided by such agency.
You certify in writing that you are unemployed and intend to apply for employment during the sixty (60) day period beginning on the date on which you made such certification.
You certify in writing that you are a recipient of public welfare assistance.
You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
In addition, if you reside in the state of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you are entitled to receive a free copy of your credit report once a year and if you reside in the state of Georgia, you are entitled to receive a free copy of your credit report twice a year. For Illinois residents, credit reporting agencies are required by law to give you a copy of your credit record upon request at no charge or for a nominal fee. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.
The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. YOU ARE NOT REQUIRED TO PURCHASE YOUR CREDIT REPORT FROM TRUECREDIT IN ORDER TO DISPUTE INACCURATE OR INCOMPLETE INFORMATION IN YOUR REPORT OR TO RECEIVE A COPY OF YOUR REPORT FROM EQUIFAX, EXPERIAN, TRANSUNION OR ANY AFFILIATED THEREOF, THE THREE NATIONAL CREDIT REPORTING AGENCIES, OR FROM ANY OTHER CREDIT REPORTING AGENCY.
It may be the policies of Equifax, Experian and/or TransUnion (or their affiliates) to provide a complimentary copy of the consumer credit report under circumstances other than those described above. If you wish to contact Equifax, Experian or TransUnion to obtain a copy of your credit report directly from such agency or if you wish to dispute information contained in an Equifax, Experian or TransUnion credit report file, please contact them as follows:
Experian: 1-800-EXPERIAN (1-800-397-3742)
VIII. Applicable Law
The materials related to the Services are designed primarily for use by residents of the United States and its territories and possessions. This Agreement shall be governed, interpreted, and enforced according to the laws of the State of Delaware, regardless of conflict of laws rules. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the federal and state courts in the State of Delaware for any dispute or litigation arising out of, relating to, or the use or purchase of the Services from AVG.
X. Your Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.
XI. Termination of the Agreement.
B. AVG may at any time, terminate this Agreement with you if:
- we are required to do so by law (for example, where the provision of the Services to you is, or becomes, prohibited by law); or
- the provision of the Services to you by us is, in our opinion, no longer commercially viable, whereby paid subscription fees for the remaining period of the Initial Term or, as the case may be, the Renewal Term, shall be refunded to you on a pro-rata basis.
B. AVG is not responsible for delay or failure to perform due to causes beyond our reasonable control.
E. Any rights not expressly granted herein are expressly reserved by AVG.
F. Any references in this Agreement to "us" or "our" are references to AVG and its affiliates, respectively.
G. The use of "End User" or "Subscriber" respectively is a reference to You.