Welcome to LifeLock!

This LifeLock Membership Agreement (“Agreement”) is between LifeLock, Inc. (“LifeLock”) and the person that has checked the appropriate box below to indicate agreement with this Agreement (“you,” “your” or “yours”), and describes the terms under which you may use this website (“Website”) to obtain LifeLock services (“Services”) by becoming a LifeLock member. By checking the appropriate box below, you are agreeing to comply with and be bound by all the terms of this Agreement.

YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOU RESIDE IN THE UNITED STATES OR CANADA, THAT YOU HAVE A VALID UNITED STATES SOCIAL SECURITY NUMBER, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT, AND THAT YOU AGREE WITH ALL THE TERMS OF THIS AGREEMENT.

IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MUST NOT CHECK THE BOX BELOW AND YOU MAY NOT RECEIVE SERVICES. LIFELOCK MAY CHANGE THIS AGREEMENT AND LIFELOCK’S PRIVACY POLICY FROM TIME TO TIME, AND POST THOSE CHANGES HERE. YOUR CONTINUED USE OF THE SITE OR USE OF SERVICES AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.

1. Becoming a LifeLock Member.
   To become a LifeLock member and to receive Services, you must first register with LifeLock. You may register by telephone, or at the Website by fully and accurately completing the “Registration Form” located on this Website, and providing to LifeLock fully accurate personal information as LifeLock may reasonably require, including without limitation your name, address, telephone number, email address, date of birth, driver’s license number, Social Security number, and other personal information to verify your identity, as well as financial information such as your credit card number (collectively, “Personal Information”); you agree to keep all Personal Information updated and correct. Upon your registration and payment to LifeLock of the proper fees, you will become eligible to receive the level of Services you have selected and for which you have paid LifeLock the proper fees. Your registration shall constitute “written instructions” given pursuant to the Fair Credit Reporting Act. A current selection of Services is located in EXHIBIT A (“SERVICES”) to this Agreement. You must select the Services you wish to receive as part of this Website registration process. Any additional terms applicable to such Services are included in Exhibit A (“Services”) which is hereby incorporated into this Agreement by reference. You may also register at the Website for a minor child for whom you are the parent or legal guardian. LifeLock may require you to provide LifeLock proper documentation to prove your relationship with any such minor child, and all terms of this Agreement will apply to such minor child in the same way they apply to you, except that Services for such minor children will include those Services so designated in EXHIBIT A (“SERVICES”). Where LifeLock delivers to you or any such child as a part of Services a credit report in electronic format, you will first be required to provide a valid email address and other information to enable LifeLock to confirm your identity. YOU UNDERSTAND AND AGREE THAT THE SERVICES SHALL NOT INCLUDE THE PLACING OF FRAUD ALERTS WITH ANY CONSUMER REPORTING AGENCIES. YOU ALSO UNDERSTAND AND AGREE THAT IT MAY TAKE UP TO FOUR (4) WEEKS FROM THE DATE YOU ACCEPT THIS AGREEMENT AND REGISTER WITH LIFELOCK FOR SERVICES TO BE ACTIVATED.
2. Service Guarantee.
   The provisions of this Section 2 constitute the “Service Guarantee” under this Agreement: If you are a LifeLock member in good standing and receiving Services, and have paid LifeLock (or caused LifeLock to be paid) all proper fees for those Services, and you nevertheless become a victim of a fraud committed or attempted using your Personal Information without authority because of a failure or defect in the Services, LifeLock will retain and pay for those third party professional services that are reasonably necessary in LifeLock’s judgment to assist you in restoring losses or recovering your lost out-of-pocket expenses caused by such fraud. LifeLock will pay such third parties up to a maximum of one million dollars ($1,000,000) over your lifetime for all such fraud incidents in the aggregate, provided that:
3. • You notify LifeLock within thirty (30) days of the date you know, or reasonably should have known, that someone had improperly used your Personal Information to commit a fraud;
   • You fully cooperate and are truthful with those LifeLock retains to assist you, and you will execute any documents LifeLock reasonably requires;
   • You agree that LifeLock will not pay or be obliged as to any costs or expenses other than as described in this Service Guarantee, including without limitation fees of any service providers not retained by LifeLock;
   • You agree that LifeLock reserves the right to investigate any asserted Service Guarantee claim to determine its validity;
   • You agree that LifeLock is not an insurance company, not a credit repair organization, is not a credit counseling service and does not promise to help you improve your credit history or rating; and
   • You agree that LifeLock will not make payments to you for any loss or liability you may incur.

   THE FOREGOING SERVICE GUARANTEE STATES THE ENTIRE OBLIGATION OF LIFELOCK AND YOUR ENTIRE REMEDY FOR ANY FAILURE OR DELAY IN PERFORMING SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 2, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER. LIFELOCK HEREBY DISCLAIMS ALL OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEALING, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. Some jurisdictions do not allow certain limitations of warranties so the foregoing may not apply to you.

4. Payment.
   You agree that you will timely pay (or arrange for payment to) LifeLock beforehand for Services on a monthly or annual basis (as determined by you when you register) and you authorize LifeLock to charge your credit card should you choose that method of payment. LifeLock will advise you in advance before applying a new charge against your credit card for any future Services term. In all cases, you are personally responsible for any applicable state, federal or other taxes that may be associated with your purchase of Services unless noted otherwise.
5. Your Conduct.
   You understand and agree that perfect security does not exist anywhere, and you will therefore protect your Personal Information in a reasonable way at all times. 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 by way of example in response to “phishing” scams, unsolicited emails or pop-up messages seeking disclosure of Personal Information.
6. Term.
   The term of this Agreement will continue until terminated by you or LifeLock. LifeLock may terminate this Agreement at any time upon notice to you with or without cause. If LifeLock terminates this Agreement without cause, LifeLock will promptly refund to you a prorata portion of any fees you have already paid for Services that have yet to be provided. You may terminate this Agreement at any time upon notice to LifeLock with or without cause. If this Agreement has not been terminated, it shall automatically continue indefinitely, and you shall pay (or cause to be paid) corresponding fees as published by LifeLock from time to time.
7. Privacy Policy.
   LifeLock’s privacy policy is located on the Website, and is incorporated by reference into this Agreement. You authorize LifeLock, its agents and employees to obtain various information and reports about you (or about your child that you have registered) as LifeLock deems reasonably necessary or desirable in the course of performing Services. LifeLock may share your Personal Information (as defined in the Privacy Policy) with any other person registered on your LifeLock account as provided in the Privacy Policy. You, individually or as the parent or legal guardian of a child you register, expressly authorize LifeLock, its agents and employees to take any steps necessary to implement the Services, including, but not limited to completing and executing any documents, communicating with third parties and acting as a personal representative to the fullest extent permitted by law.
8. Disclaimer.
   IN NO EVENT SHALL LIFELOCK BE LIABLE TO YOU, ANY PARTY YOU REGISTER FOR SERVICES OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. OTHER THAN PURSUANT TO THE SERVICE GUARANTEE, IN NO EVENT SHALL THE TOTAL LIABILITY OF LIFELOCK UNDER THIS AGREEMENT OR REGARDING SERVICES EXCEED THE GREATER OF ONE THOUSAND DOLLARS ($1000) OR THE TOTAL AMOUNT YOU HAVE PAID TO LIFELOCK FOR SERVICES. Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you.
9. Arbitration.
   You agree that any dispute, controversy or claim arising out of, or relating to, this Agreement or the Services shall be settled by confidential arbitration in Maricopa County, Arizona, in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and that arbitrator may grant injunctions or other relief in such dispute or controversy. The parties will mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the AAA will select the arbitrator from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any State or Federal court. Although the cost of the arbitrator will be borne by LifeLock, all other expenses of arbitration will be paid by the party who incurred them. These expenses are not part of the Service Guarantee. You further agree that you will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.
10. Jurisdiction and Venue.
    Subject to Section 8, any action related to this Agreement shall be governed by the substantive laws of the State of Arizona, without regard to conflicts of laws principles. The State and Federal courts located in Maricopa County, Arizona, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
11. Other Rights.
    You understand and agree that the Fair Credit Reporting Act allows you to place fraud alerts on consumer reports and to obtain copies of annual credit reports, for yourself and for minor children for whom you are the parent or legal guardian, without charge. Accordingly, you also understand and agree that your decision to pay for and receive Services under this Agreement has been made by you as a convenience, and is not legally required.
12. General.
    Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of LifeLock. Any purported assignment without such permission shall be void. Any waiver of any rights of LifeLock under this Agreement must be in writing, signed by LifeLock, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed from this Agreement, and the remaining terms shall be separately enforced. Your use of the Services and the Website shall at all times comply with all applicable laws, rules and regulations. This Agreement is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. You will indemnify and hold LifeLock (and LifeLock’s officers, directors, agents, subsidiaries, joint ventures, licensees, and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or regulation, or the rights of any third party.

13. Copyright © 2009 LifeLock, Inc.
    All Rights Reserved
    Version 1.0 August, 2009

    EXHIBIT A

    SERVICES

    “SERVICES” shall consist of all the following services as you may select and for which you have paid (or have caused to be paid) corresponding fees to LifeLock:

    A. Standard Services. If you select Standard Services, LifeLock will do the following for you:

    (i) through the LifeLock Identity Alert™ system, using your Personal Information, monitor your identity fraud risk level, on a continuous basis using certain proprietary technologies and database information owned by or under license to LifeLock. Based upon such monitoring, LifeLock shall notify you promptly, via telephone, email or postal mail, where LifeLock determines that there has been a credit or non-credit application event using your Personal Information. You will provide LifeLock with up to two (2) telephone numbers in order to contact you, but LifeLock shall contact you with respect to such notification only at the telephone number you designate as your “alert” telephone number;

    (ii) request, to the extent permitted by 15 U.S.C § 1681b (e), that your name be removed from pre-approved credit card mailing lists;

    (iii) order, upon your registration as a LifeLock member, and thereafter one (1) time a year, your annual credit report from major consumer reporting agencies as LifeLock may deem appropriate, and as permitted by 15 U.S.C. § 1681j(a);

    (iv) through the eRecon™ and TrueAddress™ services, search Internet “black market” websites and national address databases for illegal selling or trading of your Personal Information, which may include your Social Security number, credit card numbers, debit card numbers, medical identification numbers, and driver’s licenses, or unauthorized attempts to change your address; and

    (v) through the WalletLock™ service, if your wallet is lost or stolen, help you identify your missing documents, contact each credit card, bank or document issuing company, cancel your affected accounts and complete the paperwork and steps necessary to replace your lost documents (other than pictures or cash). You will be responsible, however, for any applicable fees charged by any credit card, bank or document issuing companies to replace lost or stolen documents.

    B. Minors’ Services. If you have selected Minors’ Services in order to register a minor child for whom you are the parent or legal guardian, LifeLock will do the following on behalf of such child:

    (i) through the LifeLock Identity Alert™ system, using your child’s Personal Information, monitor your child’s identity fraud risk level, based upon your child’s credit and non-credit transaction history, on a monthly basis using certain proprietary technologies and database information owned by or under license to LifeLock. Based upon such monitoring, LifeLock shall notify you promptly, via telephone, email or postal mail, where LifeLock determines that there has been a credit or non-credit application event using your child’s Personal Information. You will provide LifeLock with up to two (2) telephone numbers in order to contact you, but LifeLock shall contact you with respect to such notification only at the telephone number you designate as your “alert” telephone number;

    (ii) order, upon registration of such child as a LifeLock member, and thereafter one (1) time a year, an annual credit report for such child from major consumer reporting agencies as LifeLock may deem appropriate, and as permitted by 15 U.S.C. § 1681j(a), and to the extent that such credit report exist and to the extent that the information provided to LifeLock corresponds to such credit report;

    (iii) prepare and submit to you on an annual basis a request to the Social Security Administration for a copy of such child’s Social Security Earnings Report. LifeLock will forward a copy of such request to you, as the child’s parent or legal guardian. You will then be responsible for completing and submitting such request on behalf of such child to the Social Security Administration; and

    (iv) through the WalletLock™ service, if your child’s wallet is lost or stolen, help you identify your missing documents, contact each credit card, bank or document issuing company, cancel your child’s affected accounts and complete the paperwork and steps necessary to replace your child’s lost documents (other than pictures or cash). You will be responsible, however, for any applicable fees charged by any credit card, bank or document issuing companies to replace lost or stolen documents.