These terms and conditions, as updated from time to time by AVG, (hereinafter the "Agreement" or "Terms of Use") are incorporated into and made an integral part of the terms and conditions stated in the AVG End User License Agreement ("EULA") which you acknowledge as having read, understood and agreed to upon clicking the "ACCEPT" option or installing the Software and/or your use of or access to the Services.

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.

Notice: These terms and conditions apply to your purchase and/or use of AVG Premium Security Services (hereinafter "Services") offered or provided by AVG and govern the relationship between AVG and you with respect to the provision of the Services, even if you have agreed to other or conflicting terms and conditions of third parties associated with this business relationship or the provision of such services and/or products. Your use of the Services means that you have accepted these terms in their entirety and you shall follow all applicable laws and regulations. If you do not agree with the Terms of Use, do not use the Services. We reserve the right, in our sole discretion, to modify or update these Terms of Use at any time, and we may refuse to provide you the Services for any reason. Please check the Terms of Use under the License Agreement link each time you visit www.avg.com for the most current information.

Since it affects your use of the Services, please review our Privacy Policy and these Terms of Use. We collect, use and disclose information about you as provided in our Privacy Policy located by way of the "Privacy Policy" link at www.avg.com and subject to the terms of this Agreement in order to perform the Services to you. Our Privacy Policy is incorporated into this Agreement, and you agree to accept the terms of the Privacy Policy as a condition to your acceptance of this Agreement.

You agree and authorize AVG, it agents and employees, to provide your personally identifiable information (or information about your child you have enrolled) to third parties from time to time as provided in our Privacy Policy and as set forth herein. You waive any and all claims against AVG, its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further authorize AVG, it agents and employees to obtain various information and reports about you (or about your child that you have enrolled) in order to perform the Services, including, but not limited to, address history reports, credit, name and alias reports, and all other relevant reports.

A. Nothing in these Terms of Use, including Articles III and IV, shall exclude or limit AVG’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

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/us-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).

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:

1. 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
2. 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.

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.

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.

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:

Equifax: 1-800-685-1111
Experian: 1-800-EXPERIAN (1-800-397-3742)
TransUnion: 1-800-916-8800

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.

You agree to indemnify, defend and hold harmless AVG, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information or services to the Site or in connection with the provision of the Services from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or your violation of applicable laws, rules or regulations. In the event that AVG is subject to any claim for which we have the right to be indemnified by you, we will have the right to, at your expense, assume the exclusive defense and control of any such claim, and you will not in any event settle any claim without our prior written consent.

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.

A. These Terms of Use will continue to apply until the end of the Initial Term or relevant Renewal Terms you purchased for the Services.

B. AVG may at any time, terminate this Agreement with you if:

1. you have breached any provision of the Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms of Use);
2. 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
3. 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.

C. When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and AVG have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Articles III, IV, V and VIII-XII, inclusive, shall continue to apply to such rights, obligations and liabilities indefinitely.

A. No waiver of any breach of any provision of these Terms of Use or of any agreement with AVG will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions or of any such agreement. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use or of any other agreement between you and AVG to be invalid or unenforceable, such findings will have no effect on any other part or provision of these Terms of Use or any other agreement between you and AVG.

B. AVG is not responsible for delay or failure to perform due to causes beyond our reasonable control.

C. The AVG Identity Alert Subscription Agreement is incorporated into and made an integral part of these Terms of Use.

D. These Terms of Use constitute the whole legal agreement between you and AVG and govern your use of the Services (but excluding any services or products which AVG may provide to you under a separate written agreement, such as the EULA), and completely replace any prior agreements between you and AVG in relation to the Services.

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.