Your use of Verizon’s Digital Secure services and related software and applications (“Digital Secure” or the “Service”) is subject to the following terms and conditions. These terms form a legally binding agreement ("Agreement") between you and the Verizon entity through which you purchased the Service, which is either Cellco Partnership d/b/a Verizon Wireless or Verizon Online LLC (in either case, "Verizon", "Verizon Wireless", "We", "Us", or "Our"). By using the Service, you accept this Agreement, which may be modified by Us from time to time.
PLEASE READ THIS AGREEMENT CAREFULLY AND COMPLETELY. IT GOVERNS YOUR USE OF THE SERVICE, LIMITS VERIZON'S LIABILITY TO YOU AND REQUIRES YOU TO RESOLVE DISPUTES WITH VERIZON THROUGH BINDING AND INDIVIDUAL ARBITRATION, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, DO NOT CLICK-TO-ACCEPT IT OR USE DIGITAL SECURE.
* Verizon Security & Privacy customers: The Digital Secure app (app icon Safe) updates and replaces Verizon's Security and Privacy app (app icon Safely) which is currently pre-installed on Verizon's Android devices. If you are on the Security & Privacy Multi-Device plan and do not upgrade to the full product suite of Digital Secure, you will keep your current features (as described in Section 1.A) and pricing until you unsubscribe or upgrade.
- Eligibility; How the Service Works. Please read our Digital Secure FAQs before using the Service, they are available at https://www.verizon.com/support/residential/internet/essentials/digital-secure-faqs. The premium version of Digital Secure is available to eligible Verizon customers as a standalone offering or as part of a service bundle. All other customers can use the free features of Digital Secure by downloading the app from Google Play or the Apple App store.
Subscriptions extending protection across “all” of your devices in addition to your smartphone are limited to the compatible devices (such as tablets, laptops and computers) you and your account members own; and not all features may be available for such devices. To access the full set of premium features of Digital Secure, a compatible device type, operating system, and browser are required, and not all features are available for all operating systems. Compatibility requirements and available features by operating system are available at https://www.verizon.com/support/residential/internet/essentials/digital-secure-faqs/#os-compatibility.
The Service does not include credit or financial monitoring. Verizon is not a credit repair organization and does not provide credit repair advice or seek to improve your credit rating. We do not monitor all transactions. The Service reduces your risk, but cannot protect you against all identity theft, as no identity protection tool can prevent identity theft completely. Verizon does not provide identity theft insurance coverage or reimbursement of stolen funds or costs associated with identity restoration. Neither Verizon nor its third party licensor(s) are responsible for any loss or damages incurred as a result of identity theft. In order for dedicated agents of CSID to act on your behalf, they will require a revocable power of attorney to allow them to communicate with various agencies on your behalf in efforts to mitigate the effects of identity theft. They will only act on your behalf with your permission.
- Security and Privacy Services
The Security and Privacy tool helps protect your devices and personal data with the following services:
- Anti-Virus and System Scan. The anti-virus scanning tool identifies and attempts to remove viruses, malware, spyware, ransomware, adware and other suspicious software in photos, media and other files on your device or in your apps and text messages. Scheduled anti-virus and system scans will continue to run even when your device is not connected to cellular data or Wi-Fi. The system scanning tool checks if you have the latest system software updates and if your system is at risk.
*Note: Anti-virus scan not available for iOS devices.
- App Privacy Scan. The app privacy scanning tool rates apps based on how much info they access and share as compared to other apps in the same category. We alert you to high risk apps on your device that may access more info than they should for what they do, but it is your responsibility to uninstall the app (some system apps cannot be uninstalled). Not all apps have enough information available to be rated by the Service.
*Note: App privacy scan not available for iOS devices.
- Web Security. This tool identifies and attempts to block suspicious websites and links on supported browsers.
- Wi-Fi Security. This tool identifies if you are on a Wi-Fi network that is unsafe or unprotected and recommends you disconnect or use a secure Virtual Private Network (VPN), like Safe Wi-Fi. We consider a Wi-Fi network to be unsafe if we have detected an attack in progress at the Internet access point and it's possible your personal information will be compromised. We consider a Wi-Fi network to be unprotected if it is unsecure and does not require a password for connection or does not encrypt the data you send while connected to it, exposing your personal information to risk, although not an immediate threat.
You can extend protection against viruses, malware and risky websites to Mac and Windows laptops and computers. Use the Digital Secure mobile app to send a download link to your laptops and computers. To use the full set of features, a high-speed internet connection of 1Mbps or faster is highly recommended and may be required.
The Service cannot guarantee it can protect against all suspicious software, websites, links, apps and Wi-Fi connections or other possible threats. While we will attempt to remove the attacking malware or virus, it is your sole and exclusive responsibility to back-up all data and files on your device so that they can be restored in the event of an attack on your data and files. Neither Verizon nor its third party licensor(s) will have liability for loss of or recovery of data or files or loss of use of systems or networks.
The Safe Wi-Fi feature utilizes proprietary technology to allow users to create a secure Wi-Fi connection with a VPN on their mobile device. If your Service includes a VPN for your laptops and computers, you will be able to access and download the VPN through a web link. Neither Verizon nor its third party licensor(s) or vendors access or collect any information that you send or receive through your VPN connections.
Identity Theft Protection Service
The following terms apply only if you have activated Digital Secure’s identity theft protection (IDTP) service for your line by enrolling on the IDTP website. The IDTP service utilizes proprietary technology provided by CSIdentity Corporation (CSID) to monitor for signs your personal information is compromised or at risk online and on social media networks, and includes identity restoration services in the event you lose your wallet or are the victim of identity theft. You represent and warrant to us that you will use the Service to monitor information associated with your personal information and to protect against or prevent actual fraud, and not for any other purpose.
Monitoring is provided for one identity per subscribed line, and is not available for customers outside the United States. To activate your IDTP service, you will provide the information you wish to have monitored, which may include the following: email addresses, phone numbers, credit and debit card numbers, bank account numbers, social security number, passport number, driver’s license number, retail or membership card numbers, and medical ID numbers. We rely on the information contained in third party databases and dark web surveillance to provide you the Service. While we make every effort to obtain the most current and reliable data, we cannot guarantee the accuracy or completeness of such third party databases or information on the dark web.
- Cyber Monitoring.The Service uses the information you choose to provide solely to search internet websites, online black markets and other forums discussing dark web transactions for any signs that your monitored identity elements have been compromised online or are being bought or sold online. You will be alerted if information matching your monitored information is discovered online.
- Social Media Monitoring. The Service monitors your social media activity and the information you share on social media sites (limited to one account on Linkedin, Instagram, Facebook and Twitter) and alerts you of privacy and reputational risks. Images are not scanned, but the captions or posts associated with the image are monitored.
- Lost Wallet.The Service helps you cancel and re-order your lost or stolen IDs, credit cards, bank cards, medical cards and other types of content. Dedicated agents will assist by participating in three-way calls with your bank or creditor to cancel and re-issue your lost cards.
- Identity Restoration Services. The Service provides dedicated agents who provide guidance, and even act on your behalf in some cases, to help you restore your identity, including notifying law enforcement, contacting the company or government entity that issued the account or credentials, reviewing your credit report, filing fraud alerts and placing credit freezes at the credit bureaus.
- Fees and Data Charges. If you subscribe to a premium version of the Service, the applicable monthly charge will be billed to your Verizon account and the Service will auto-renew every month unless canceled. There is also a free version of Digital Secure which offers only the Security and Privacy features set forth in Section 1.A for the mobile device on which it is installed, and is available only on Google Play and the Apple App store. Data usage applies for download and use of Digital Secure and will be billed per the terms of your wireless data plan.
You can manage these permissions at any time through your device settings.
- your mobile number to confirm your eligibility to use the Service and for billing purposes;
- your IP address and Wi-Fi access point data to identify Wi-Fi security threats and to establish and provide the Safe Wi-Fi VPN service;
- for Android devices only, your photos, media, and other files stored on your device to scan for viruses and other malware; and
- for Android devices only, your text messages to scan for viruses and other malware.
- License Grant. In connection with the Service, We will provide to you software that is owned by Us, Our affiliates or third-party licensors ("Software"). Subject to the terms and conditions of this Agreement, We grant you a limited, revocable, non-exclusive, non-transferable license to install and use the Service and the Software for personal use on the number of devices and for the number of users specified in your subscription. All rights regarding use of the Service and Software not expressly granted in this Agreement are reserved by Us and/or any third-party licensors.
To ensure that the Software on your device includes new features we develop, by agreeing to this Agreement, you give us permission to install updates to the Software, and, at your request or with your consent, new Software on your devices automatically when available, to the extent it is possible for us to run background installations. Your failure to install any update may affect your Service and/or use of the Software.
Some third-party materials included with the Software may include software source code licensed by third parties under one or more open-source or free-software licenses, including the GNU General Public License, which are considered "Open Source Software." The Open Source Software is licensed under terms and conditions different from this Agreement and may, in some cases, conflict with the terms of this Agreement and will apply instead of the terms of this Agreement. If an Open Source Software license requires us to distribute any source code related to the Software or Services or any modifications to the Software or Services, we will make the source code available on request.
- Restrictions on Use. The Software and Service are licensed to you, not sold. The Software and Service are intended for your personal use only. You do not have any right to reproduce or distribute the Software and Service without Our permission. You shall not use the Software or Service in any way that violates any applicable rules, laws or regulations or infringes any copyright, trademark or other intellectual property right or discloses a trade secret or confidential information. You shall not: (a) decompile, reverse engineer, disassemble, derive the source code of or decrypt it; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from it; (c) rent, lease, sell, redistribute, loan, distribute, sublicense or otherwise transfer it to any third party; (d) remove, obscure, or alter any proprietary notices, including copyright or trademark notices; (e) exploit it for any commercial purposes; or (f) attempt to circumvent its technical protection measures.
- Misuse. You shall not misuse the Service, including, without limitation, using it in any manner that: (a) interferes with or interrupts it or any hardware, software, system or network connected with it; (b) stalks, harasses, threatens or harms any person or is otherwise invasive of another's privacy rights; (c) uses it on a device without permission; (d) tampers with or makes an unauthorized connection to any network, including, without limitation, the network of any wireless carrier; or (e) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of it or any other computer software or hardware.
- Intellectual Property Rights. You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with the Service and Software are respectively Verizon's and our third-party licensors' exclusive property, and all such rights not expressly granted to you herein are reserved and retained by Verizon and our third-party licensor(s), as applicable. If you submit comments or ideas about Digital Secure, including ways to improve Digital Secure or other products or services ("Ideas"), you agree that your submission is gratuitous, unsolicited and without restriction. It does not place Verizon or Verizon's third-party licensor(s) under any fiduciary or other obligation, and We are free to use the Ideas without compensation and/or to disclose the Ideas to Verizon's third-party licensor(s) on a non-confidential basis. You further acknowledge that neither Verizon nor Verizon's third-party licensor(s), by acceptance of your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Verizon or Verizon's third-party licensor(s) employees or obtained from sources other than you.
- Termination. Verizon may limit, suspend, terminate or discontinue the Service, or certain features or functions of the Service, at any time without notice, including if you breach this Agreement. You may also cancel your use of this Service at any time by unsubscribing from the Service.
- DISCLAIMER OF WARRANTIES. THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICE IS AT YOUR SOLE RISK AND DISCRETION. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, VERIZON MAKES NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERIZON OR VERIZON'S THIRD-PARTY LICENSOR(S) OR ANY THIRD PARTY SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT VERIZON AND ITS THIRD-PARTY LICENSOR(S) HAVE NO OBLIGATION TO SUPPORT OR MAINTAIN THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT VERIZON AND ITS THIRD-PARTY LICENSOR(S) MIGHT NOT BE ABLE TO OFFER THE SERVICE AT ALL, IN THE ABSENCE OF THE FOREGOING DISCLAIMERS AND LIMITATIONS. IN THE EVENT OF ANY FAILURE OF THE SERVICE TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY VERIZON, AND VERIZON AND ITS THIRD-PARTY LICENSOR(S), AS YOUR SOLE AND EXCLUSIVE REMEDY, WILL USE COMMERCIALLY REASONABLE EFFORTS TO SATISFY THE WARRANTY. VERIZON AND ITS THIRD-PARTY LICENSOR(S) WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE YOUR SOLE RESPONSIBILITY.
- LIMITATION OF LIABILITY. THE FOLLOWING LIMITATIONS SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, LOSS, MISUSE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, CORRUPTION OR LOSS OF DATA, FAILURE TO RECEIVE OR BACK UP YOUR DATA (OR ARCHIVED DATA) OR ANY OTHER PECUNIARY LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- DISPUTE RESOLUTION.
WE HOPE TO MAKE YOU A HAPPY CUSTOMER, BUT IF THERE'S AN ISSUE THAT NEEDS TO BE RESOLVED, THIS SECTION OUTLINES WHAT'S EXPECTED OF BOTH OF US.
YOU AND VERIZON BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY. WHILE THE PROCEDURES MAY BE DIFFERENT, AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEYS' FEES, AN ARBITRATOR CAN AWARD THEM TOO. WE ALSO BOTH AGREE THAT:
(A) THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. EXCEPT FOR SMALL CLAIMS COURT CASES, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY EQUIPMENT, PRODUCTS AND SERVICES YOU RECEIVE FROM US OR FROM ANY ADVERTISING FOR ANY SUCH PRODUCTS OR SERVICES, INCLUDING ANY DISPUTES YOU HAVE WITH OUR EMPLOYEES OR AGENTS, WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU. THIS AGREEMENT TO ARBITRATE CONTINUES TO APPLY EVEN AFTER YOU HAVE STOPPED RECEIVING SERVICE FROM US.
(B) UNLESS YOU AND VERIZON AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. FOR CLAIMS OVER $10,000, THE AAA'S CONSUMER ARBITRATION RULES WILL APPLY. FOR CLAIMS OF $10,000 OR LESS, THE PARTY BRINGING THE CLAIM CAN CHOOSE EITHER THE AAA'S CONSUMER ARBITRATION RULES OR THE BBB'S RULES FOR BINDING ARBITRATION OR, ALTERNATIVELY, CAN BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. YOU CAN GET PROCEDURES, RULES AND FEE INFORMATION FROM THE AAA (WWW.ADR.ORG), THE BBB (WWW.BBB.ORG) OR FROM US. FOR CLAIMS OF $10,000 OR LESS, YOU CAN CHOOSE WHETHER YOU'D LIKE THE ARBITRATION CARRIED OUT BASED ONLY ON DOCUMENTS SUBMITTED TO THE ARBITRATOR, OR BY A HEARING IN PERSON OR BY PHONE.
(C) THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA OR BBB PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH SHALL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.
(D) IF EITHER OF US INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO VERIZON SHOULD BE SENT TO VERIZON WIRELESS DISPUTE RESOLUTION MANAGER, ONE VERIZON WAY, BASKING RIDGE, NJ 07920. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF WE ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN 30 DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION. WE'LL REIMBURSE ANY FILING FEE THAT THE AAA OR BBB CHARGES YOU FOR ARBITRATION OF THE DISPUTE. IF YOU PROVIDE US WITH SIGNED WRITTEN NOTICE THAT YOU CANNOT PAY THE FILING FEE, VERIZON WILL PAY THE FEE DIRECTLY TO THE AAA OR BBB. IF THAT ARBITRATION PROCEEDS, WE'LL ALSO PAY ANY ADMINISTRATIVE AND ARBITRATOR FEES CHARGED LATER.
(E) WE ALSO OFFER CUSTOMERS THE OPTION OF PARTICIPATING IN A FREE INTERNAL MEDIATION PROGRAM. THIS PROGRAM IS ENTIRELY VOLUNTARY AND DOES NOT AFFECT EITHER PARTY'S RIGHTS IN ANY OTHER ASPECT OF THESE DISPUTE RESOLUTION PROCEDURES. IN OUR VOLUNTARY MEDIATION PROGRAM, WE WILL ASSIGN AN EMPLOYEE WHO'S NOT DIRECTLY INVOLVED IN THE DISPUTE TO HELP BOTH SIDES REACH AN AGREEMENT. THAT PERSON HAS ALL THE RIGHTS AND PROTECTIONS OF A MEDIATOR AND THE PROCESS HAS ALL OF THE PROTECTIONS ASSOCIATED WITH MEDIATION. FOR EXAMPLE, NOTHING SAID IN THE MEDIATION CAN BE USED LATER IN AN ARBITRATION OR LAWSUIT. IF YOU'D LIKE TO KNOW MORE, PLEASE CONTACT US AT VERIZONWIRELESS.COM OR THROUGH CUSTOMER SERVICE. IF YOU'D LIKE TO START THE MEDIATION PROCESS, PLEASE GO TO VERIZONWIRELESS.COM OR CALL CUSTOMER SERVICE FOR A NOTICE OF DISPUTE FORM TO FILL OUT, AND MAIL, FAX OR EMAIL IT TO US ACCORDING TO THE DIRECTIONS ON THE FORM.
(F) WE MAY, BUT ARE NOT OBLIGATED TO, MAKE A WRITTEN SETTLEMENT OFFER ANYTIME BEFORE THE ARBITRATION HEARING. THE AMOUNT OR TERMS OF ANY SETTLEMENT OFFER MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR ISSUES AN AWARD ON THE CLAIM. IF YOU DON'T ACCEPT THE OFFER AND THE ARBITRATOR AWARDS YOU AN AMOUNT OF MONEY THAT'S MORE THAN OUR OFFER BUT LESS THAN $5,000, OR IF WE DON'T MAKE YOU AN OFFER, AND THE ARBITRATOR AWARDS YOU ANY AMOUNT OF MONEY BUT LESS THAN $5,000, THEN WE AGREE TO PAY YOU $5,000 INSTEAD OF THE AMOUNT AWARDED. IN THAT CASE WE ALSO AGREE TO PAY ANY REASONABLE ATTORNEYS' FEES AND EXPENSES, REGARDLESS OF WHETHER THE LAW REQUIRES IT FOR YOUR CASE. IF THE ARBITRATOR AWARDS YOU MORE THAN $5,000, THEN WE WILL PAY YOU ONLY THAT AMOUNT.
(G) AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.
(H) IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION (C) CANNOT BE ENFORCED AS TO ALL OR PART OF A DISPUTE, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO THAT DISPUTE OR PART OF THE DISPUTE.
(I) IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND VERIZON AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND VERIZON UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
- Indemnification. You agree to indemnify, defend and hold Us harmless from any claim, proceeding, loss, damage, liability or expense of any kind arising out of or in connection with the following: (a) your use or misuse of the Service; (b) your alleged or actual breach of this Agreement; (c) your alleged or actual violation of applicable rules, laws or regulations; (d) your negligence or willful misconduct; or (e) your alleged or actual infringement of the intellectual property or other rights of third parties. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify, and you agree to cooperate in that defense.
- Export Control. Use of the Service may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. By using the Service and/or by downloading the Digital Secure app, you agree that you are not located in, under the control of, or a resident or national of any country, or person, on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department Table of Deny Orders. You also agree that you are not located in a country that is subject to the U.S. government embargo, or that is designated by the U.S. as a terrorist supporting country and you are not listed on any U.S. government list of prohibited or restricted parties. You agree also not to attempt to export or import any encrypted information, materials, hardware or software.
- Additional Terms and Conditions for Mobile Apps Downloaded from the Apple App Store. You may only use Digital Secure on iOS devices that you own or control, as permitted by the Usage Rules set forth in Apple's App Store Terms of Service. You and We acknowledge that: Apple is not obligated to furnish any maintenance and support services with respect to Digital Secure, that Apple and its subsidiaries are third party beneficiaries to this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right to enforce this Agreement against you in its capacity as a third party beneficiary to this Agreement. Apple is not responsible for any claims made by you or a third party regarding Digital Secure, including intellectual property infringement claims, or your use or possession of Digital Secure, including but not limited to (i) product liability claims, (ii) any claim that Digital Secure fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation, or (iv) claims, losses, liabilities, damages, costs or expenses attributable to any failure of Digital Secure to conform to any warranty, express or implied. If Digital Secure fails to conform to any warranty, you may notify Apple and Apple may, as your sole and exclusive remedy, refund the amount, if any, that you paid Apple for the Digital Secure app.
Updated January 2020