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MyPW Terms of Service
Welcome to MyPW. MyPW provides its services to you subject to the following conditions. If you visit MyPW or use its services, you accept these conditions. Please read them carefully.
Terms of Service
Last Updated: September 16, 2006
PLEASE READ THIS TERMS OF SERVICE AND USE AGREEMENT CAREFULLY. BY USING THIS WEB SITE OR ANY PRODUCTS/SERVICES OFFERED HEREIN YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This MYPW, LLC ("MYPW") Terms of Service and Use Agreement (the "Agreement") governs your use of the products and services offered by MYPW (the "Products and Services"). This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. MYPW reserves the right to change or revise this Agreement at any time by posting any changes of a revised Agreement on this Web site (www.mypw.com) (the "Site"). MYPW will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Web site. Your use of this Site or any of the Products and Services offered herein following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. MYPW encourages you to review this Agreement whenever you visit the Site to make sure that you understand the terms of the products and services provided to you. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Site and any of the Products and Services. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. SERVICES; TOKEN.
(a) Services. MYPW offers Products and Services which allow you to securely log in to applications through a secure, intuitive and cost effective mechanism. Specifically, MYPW distributes a password token which employs a "two-factor" authentication system, i.e., a security system which uses (1) a static identification number which you provide (a 4 digit pin number) and (2) a dynamically generated identification number provided by a token issued to you, which allows you to access content and services of third party Web sites which support MYPW's authentication password system. For more information on the Products and Services, please refer to the User Guide set forth at http://www.mypw.com.
(b) Token. As noted above, you understand and agree that some of the Products and Services require you to use a password token which shall be supplied by MYPW and leased to you. We have the unrestricted right, but not the obligation, to upgrade or change the token or the firmware therein, in our sole discretion, as necessary or desirable in order to provide the Products and Services to you in accordance with our specifications and requirements. The token will at all times remain the property of MYPW or its designee. You acknowledge that the token is merely a means through which the Products and Services are provided by us and may be disabled or changed by us at our discretion as we deem appropriate. You agree not to use the token for any purpose other than to use the Products and Services pursuant to this Agreement. During the term of this Agreement, MYPW may repair or replace the token and you agree that the token will not be serviced by anyone other than MYPW employees, agents, or designees. You shall not sell, transfer, lease, encumber or assign the token to any third party. You shall pay to MYPW the full cost for the replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned token, together with any incidental costs incurred by us relating to the replacement of the token. Within thirty (30) days of the expiration or termination of your applicable Products and Services plan, you agree to return the token to MYPW, at your sole cost. In the event you fail to return the token to MYPW within the foregoing timeframe, you hereby agree to pay MYPW fifteen dollars ($15.00), which MYPW can immediately deduct from your credit card on file.
II. YOUR REGISTRATION AND ACCOUNT
(a) Registration Obligations. In order to use the Products and Services, you must provide MYPW with certain information ("Registration Data") requested on the registration form; inquiries marked "required" must be answered, and any other request for information may be left blank. You agree that the Registration Data you provide: (1) is true, accurate, current and complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. MYPW reserves the right to terminate your use of the Products and Services and refuse to provide you with any and all current or future use of the Products and Services if MYPW, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.
(b) Registry Information Download. As part of the registration process and once you have completed the information specified in (a) above, MYPW's software automatically collects certain information from your computer (including your Internet address, browser type, operating software, computer language and email type and other computer registry information). You allow the MYPW software to obtain this information and you agree you will not to manipulate or falsify such information.
(c) Account Security. You will select a user name, password and a four digit pin number upon completing the registration process. You are responsible for maintaining the confidentiality of your user name, password and four digit pin number and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify MYPW of any unauthorized use of your user name, password, pin number, token or any other breach of security. MYPW cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.
III. AGREEMENT TO PAY.You agree to pay all fees and charges specified when you order any Products and Services which require a fee, including any recurring and nonrecurring charges, taxes, fees and assessments applicable to the Products and Services. Unless otherwise stated by MYPW, the credit card that you provide as part of your Registration Data will automatically be charged the current fee for the Products and Services on the date that you sign up. Further, certain Products and Services are charged on a pre-pay basis, therefore your credit card will automatically be charged the current fee at the time of sign-up for the Products and Service. By authorizing MYPW to charge a credit or charge card for Products and Service, you are authorizing MYPW or its designated representatives or agents to automatically continue charging that card (or any replacement credit card account if the original card is renewed, lost, stolen, or changed for any reason by the credit-issuing entity, and such entity informs MYWP of such new replacement card account) for all fees and charges associated with your account. Unless otherwise noted, all currency references are in U.S. dollars.
IV. FEES AND CHARGES.MYPW may, upon notice required by applicable laws, at any time, change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. These new fees or charges will be implemented at the commencement of the next billing cycle after the change is effective. You will be charged for any premium services or extra fee features you subscribe to or use during that period's billing cycle. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable. V. NO REFUNDS OR CREDITS. Upon cancellation or termination of the Products and Services, unless otherwise noted, you will not receive a refund for charges or fees associated with the Service or other extra fee features not included with your basic membership fee.
VI. YOUR RESPONSIBILITIES AND ACKNOWLEDGMENTS
(a) Compliance With Laws, Regulations and Requirements. You will not use the Products and Services for illegal purposes but will abide by and comply with (1) all applicable local, state, national, and international laws and regulations in your use of the Products and Services (including laws regarding the transmission of technical data exported from the United States and encryption), and (2) all requirements, procedures, policies and regulations of networks connected to the Products and Services.
(b) Non-Interference. You will not interfere with or disrupt (a) the use and enjoyment of the Products and Services by other users; or (b) the Products and Services or servers or networks connected to the Products and Services (including, without limitation, any attempt to gain unauthorized access to other computer systems or networks connected to the Products and Services).
(c) Resale of the Service. You will not resell the Products and Services or the use of or access to the Products and Services.
VII. MYPW PROPRIETARY RIGHTS
All text, software, hardware, graphics, video, or other material provided to you as part of the Products and Services, may be protected by intellectual property or other proprietary rights and laws. You are permitted to use this material and information only as expressly authorized by MYPW, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from MYPW in each instance.
VIII. THIRD PARTY LINKS
MYPW is not responsible in any way for, and does not guaranty the availability of any third party Web sites and resources which may be accessed through the Site. In addition, MYPW does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from such Web sites or resources. MYPW will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such Web sites or resources.
IX. YOUR PRIVACY
(a) By MYPW. MYPW may terminate your right to use the Products and Services at any time; provided that it gives you notice of such termination (by posting a note on this Site or other reasonable means). MYPW may terminate your rights to use the Products and Services immediately, without notice, at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from MYPW concerning the accuracy or completeness of Registration Date of this Agreement, or if MYPW determines in its sole discretion that you have violated this Agreement.
(b) By You. With respect to Products and Services you purchased from MYWP, you may terminate your service agreement by giving thirty (30) days' notice prior to the conclusion of the applicable service term. In this case, the termination will take effect at the conclusion of the applicable service term. In order for your termination to be effective, you must provide notice by completing the "Termination of Service" form found on the Site at http://www.mypw.com/sites/cancel/ MYPW will cease charging your credit card, if applicable, upon the effective date of the termination.
(c) Effect of Termination. You will not receive any refund for payments already made by you as of the date of termination. If termination of your right to use the Products and Services is due to your breach hereunder, you will bear all costs of such termination, including any reasonable costs MYPW incurs in closing your account. You will pay any and all costs incurred by MYPW in enforcing your compliance with this Article. Upon termination, you shall destroy any copy of the materials provided to you and referenced herein.
You will release, indemnify, defend and hold harmless MYPW, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (2) the Products and Services or your use of such Products and Services, (3) any intellectual property or other proprietary right of any person or entity, (4) your violation of any of the provisions of this Agreement, or (5) any information or data you supplied to MYPW, including, without limitation, any misrepresentation in your Registration Data, if applicable. When MYPW is threatened with suit or sued by a third party, MYPW may seek written assurances from you concerning your promise to indemnify MYPW; your failure to provide those assurances may be considered by MYPW to be a material breach of this Agreement. MYPW will have the right to participate in any defense by you of a third-party claim related to your use of any of the Products and Services, with counsel of MYPW's choice at its expense. MYPW will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend MYPW against any claim, but you must receive MYPW's prior written consent regarding any related settlement. The terms of this Article will survive any termination or cancellation of this Agreement.
XII. DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYPW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS AND SERVICES, ANY RESULTS OBTAINED THROUGH THE PRODUCTS AND SERVICES AND ANY GOODS OR SERVICES OBTAINED ON OR THROUGH THE SERVICES.
(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MYPW MAKES NO WARRANTY:
(1) THAT THE PRODUCTS AND SERVICES WILL BE SUPPORTED BY THIRD PARTY WEB SITES;
(2) THAT THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(3) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PRODUCTS AND SERVICES OR THAT DEFECTS IN THE PRODUCTS SERVICES WILL BE CORRECTED;
(4) REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE PRODUCTS SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SERVICES;
(5) REGARDING ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE PRODUCTS AND SERVICES; OR
(c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYPW OR THROUGH OR FROM THE PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XIII. LIMITATION OF LIABILITY
(a) MYPW'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID DURING THE TERM OF THE APPLICABLE PRODUCT AND SERVICE PAYMENT PLAN.
(b) MYPW WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS AND SERVICES IN ANY MANNTER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (2) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; (3) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCTS AND SERVICES; OR (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA THROUGH THE PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF MYPW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) MYPW WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(d) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
XIV. NOTICES AND ANNOUNCEMENTS
You authorize us to notify you of information that MYPW deems is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. All notices must be sent either in writing (including email, but only to the extent expressly provided herein). All written notices to MYPW shall be delivered to MYPW LLC, Attention: Legal, 701 Fifth Avenue, Suite 5800, Seattle, WA 98104. All notices to you will be delivered to your mailing address or email address as provided in your account information (as updated by you pursuant to this Agreement). MYPW may also provide notices of changes to this Agreement or any other matter by displaying notices to you generally on the Site. Either of us may change our respective address by written notice delivered to the other party. All notices delivered in writing hereunder must be sent by either overnight courier or certified mail, return receipt requested.
XV. AGREEMENT TO BE BOUND
By viewing this Site or using the Products and Services through MYPW's online registration process or otherwise, or by using the Products and Services, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
(a) Entire Agreement. This Agreement comprises the entire agreement among you and MYPW and supersedes any prior agreements pertaining to the subject matter contained herein.
(b) Effect of Waiver. The failure of MYPW to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
(c) Governing Law and Jurisdiction. This Agreement will be governed by the laws of the State of Washington without regard to its conflict of law principles to the contrary. Neither party will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default under this Agreement, or otherwise arising under or by reason of this Agreement, other than in the state or federal courts located in King County, State of Washington. Each party hereby irrevocably consents to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. Each party hereby waives any rights to trial by jury claim arising out of this Agreement and any related documents.
(d) Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Products and Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(e) Heading. The section headings and titles in this Agreement are for convenience only and have no legal or contractual effect.
(f) Force Majeure. Neither party will be deemed in default hereunder, nor will it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section (i) will give the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) will take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this paragraph extends for a period in excess of thirty (30) days in the aggregate, MYPW may immediately terminate this Agreement. (g) Infringement. If you believe any of the content published on the Sites or the Products and Services infringe your intellectual property rights or any rights of any third party, please contact MYPW at email@example.com. (h) Survival. The terms and conditions herein shall survive the termination of your use of the Products and Services.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
US Patent Pending 20070150942
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