LifeLock Terms and Conditions Agreement

THESE ARE THE TERMS OF OUR AGREEMENT WITH EACH OTHER. WHILE WE TRIED TO MAKE IT NOT TOO FULL OF LEGALESE, ALL OF IT IS IMPORTANT SO TAKE A FEW MOMENTS TO READ IT. BY ENROLLING FOR LIFELOCK'S SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS AND CONDITIONS.

This Terms and Conditions Agreement ("Agreement") identifies what you can expect from LifeLock, Inc. ("LifeLock") and what LifeLock expects from you. These terms and conditions apply to your purchase of any service offered by LifeLock.

You must have a United States Social Security number, and primary address and telephone number in the 50 states and U.S. territories in order to enroll for LifeLock and receive the following services.

If you do not agree, we cannot allow you to enroll or continue to use our service.

1. Description of our Service ("Service"):

A. For adult members, we will:

(i) implement and provide you with a variety of services, which may be supplemented, improved or removed from time to time, designed to protect your personal information and to protect you against fraud associated with identity theft;

(ii) request that major consumer reporting agencies as may become appropriate, place fraud alerts on your consumer reports to the extent permitted by the Fair Credit Reporting Act, 15 U.S.C. § 1681c-1. You will provide up to two telephone numbers in order to contact you with any notifications or verifications. While you are a member, we will attempt to renew these alerts as often as required to keep them active until such time that you notify us that you no longer have a good faith suspicion that you have been or are about to become a victim of fraud or related crime, including identity theft;

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

(iv) request that your name be removed from junk-mail lists by using the opt-out options established by the Direct Marketing Association;

(v) order, upon enrollment and once a year thereafter, your annual credit reports from major consumer reporting agencies as may become appropriate, as permitted by 15 U.S.C. § 1681j(a); and

(vi) through services, such as eRecon and TrueAddress, search Internet black market websites and national address databases for illegal selling or trading of information related to you, which may include Social Security number, credit card numbers, debit card numbers, medical identification numbers, and driver’s licenses, or unauthorized attempts to change your address.

B. For children who must be enrolled only by a parent or legal guardian, we will:

(i) implement and provide you with a variety services, which may be supplemented, improved or removed from time to time, designed to protect your child’s personal information and to protect the child against fraud associated with identity theft;

(ii) request that major consumer reporting agencies as may become appropriate, place fraud alerts on your child’s consumer report to the extent permitted by 15 U.S.C. § 1681c-1. If a consumer report is found for your enrolled child, we will attempt to renew these alerts as often as required, while you subscribe for this particular service, to keep them active until such time that you notify us that there is no longer a good faith suspicion that your child has been or is about to become a victim of fraud or related crime, including identity theft. If a consumer report is not found to match for your child, LifeLock will instead confirm every one hundred, eighty (180) days that no matching consumer report has been created

(iii) order, upon enrollment and once a year thereafter, your child’s credit report from major consumer reporting agencies as may become appropriate, as permitted by 15 U.S.C. § 1681j(a), to the extent that one exists and to the extent that the information provided to us matches such a report; and

(iv) annually prepare a request to the Social Security Administration for a copy of the individual’s Social Security Earnings Report. This request will be forwarded to you, as the child’s parent or legal guardian. You will then be responsible for completing and submitting it to the Social Security Administration.

2. Our Service Guarantee (Warranty) is in support of our Service under this Agreement and is provided without additional charge:

A. If you are a member when someone accesses your personal identifying information and subsequently uses it without your authorization to commit a fraud, due to a failure or defect in our Service, and you have complied with this Agreement, subject to the terms herein, we will pay professionals to assist in restoring any such loss or recover such expenses, as required, provided however that the maximum limit of our Service Guarantee is $1 (one) million per lifetime for all incidents in the aggregate.

B. You must be truthful with us and you must tell us of the use of your personal identifying information without your authorization to commit a fraud within 30 days of first learning of it. You agree to cooperate with those we hire to help you.

C. If you need professional assistance to help remediate damages caused by the failure or defect in our Service, we will arrange for, and cover the expense of, that assistance to be provided to you through persons or firms we select; we will not reimburse fees of professionals or other service providers unless we choose those providers for your particular matter. Any such professionals, if required or applicable, will be licensed in the jurisdiction where your particular matter resides.

D. We will cure any failure or defect in our Service, resulting in damages you incur, subject to the terms of this Agreement as follows:

(i) If the amount involved is over $1,000, we reserve the right to investigate the Service Guarantee request in order to determine whether the request is valid before we do anything else. We will perform our investigation as promptly as we can. If our investigation shows that a reasonable person would conclude that your personal identifying information was used without your authorization to commit a fraud while you were our member and you have complied with all this Agreement, we will perform as described herein.

E. If we find that you intentionally misrepresented damages or committed a fraud related crime and misrepresented that you were our member when your information was misused, you agree to pay us back upon demand any amount we have paid in connection with your claim, including any costs we incur to collect the money from you. Being found guilty of a crime related to the loss which you attributed to identity theft is sufficient evidence to conclude that we are entitled to recover all amounts paid on your behalf as described above, but it is not the only basis upon which we may so conclude.

F. Similarly, should we decline your Service Guarantee request following our investigation and that decision subsequently is determined to have been wrong, we will honor our Service Guarantee.

G. OUR SERVICE GUARANTEE IS SIMPLE, BUT IT IS LIMITED. WE WILL PAY UP TO $1,000,000 TO CURE THE FAILURE OR DEFECT IN OUR SERVICE, PER MEMBER, PER LIFETIME FOR ALL INCIDENTS IN THE AGGREGATE, REGARDLESS OF CIRCUMSTANCE (‡ IN NORTH CAROLINA, WE WILL MAKE PAYMENTS TO PROFESSIONALS WE CHOOSE). WE WILL NOT MAKE PAYMENTS TO YOU FOR ANY LOSS YOU MAY INCUR. OTHER THAN OUR SERVICE GUARANTEE, AND EXCEPT AS OTHERWISE SET OUT HEREIN LIFELOCK, ITS AGENTS AND EMPLOYEES MAKE NO REPRESENTATION OR WARRANTY ABOUT OUR SERVICE OF ANY KIND, AND WE DISCLAIM ANY IMPLIED WARRANTIES OUTSIDE OF OUR SERVICE GUARANTEE, SUCH AS A WARRANTY OF MERCHANTABILITY OR FITNESS OF OUR SERVICE FOR ANY PARTICULAR PURPOSE.

3. Renewal: When you enroll for our Service, your account will be automatically renewed for one month or one year, depending on the term you initially select, on the anniversary date of your enrollment.

4. Cancellation: There is no long-term commitment with LifeLock. You can cancel at any time by calling us at 1-800-LifeLock (543-3562) or writing us at LifeLock, 60 East Rio Salado Parkway, Suite 400, Tempe, AZ 85281, and notifying us of your intention to cancel. If you are an annual subscriber, we will refund any unused amount.

5. Privacy Policy: We collect, use and disclose information about you as provided in our Privacy Policy at http://www.LifeLock.com/privacy. 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. If you have enrolled for our services with another person, we may share personally identifiable information with any other person enrolled with you on your LifeLock account as provided in our Privacy Policy.

6. Information Sharing: You agree and authorize LifeLock, its 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. You waive any and all claims against LifeLock, its agents and employees for the acts and omissions of these third parties with regard to the use or disclosure of such information. However, our Service Guarantee will apply to the extent described in this Agreement to any acts or omissions that result in the misuse of your information whether or not attributable to acts of such third parties to the extent covered by the terms set forth in our Service Guarantee. You authorize LifeLock, its agents and employees to obtain various information and reports about you (or about your child that you have enrolled) in order to perform our Service, including but not limited to address history reports, name and alias reports, criminal reports or sex offender reports.

7. Refusal of Service; Termination: We will determine whether or not to accept you as a member and provide to you the Service, and we may refuse to provide to you our Service for any reason or no reason at all. If you fail to comply with any of these terms and conditions, we may at any time terminate your rights under this Agreement in our sole discretion and without prior notice. However, we may not void our responsibilities under our Service Guarantee for damages that arise prior to any termination by us of the Service Guarantee.

8. Payment Terms/Taxes: Payment for the Service may be made by payment card or other mutually agreed upon form of payment. You are personally responsible for any applicable state, federal or other taxes that may be associated with your purchase of our Service.

9. Authorization: By accepting these terms and conditions, you expressly authorize LifeLock, its agents and employees to complete and execute on your behalf documents required to provide the Service; speak to or otherwise communicate with third parties about you or on your behalf as necessary or appropriate to provide the Service, and, act as your personal representative under 15 U.S.C. § 1681c-1, under which consumers or their authorized representatives have the right to obtain fraud alerts (or to do these things on behalf of or with respect to your child you have enrolled). In addition, in the event of, and as a condition to, you exercising your right to our Service Guarantee, you agree to execute a Limited Power of Attorney authorizing LifeLock, its agents and employees to perform our obligations under our Service Guarantee. Consistent with this Agreement, when you invoke our Service Guarantee, LifeLock shall promptly provide you such Limited Power of Attorney document and shall begin such assistance after we receive your executed Limited Power of Attorney authorizing our assistance.

10. Disclaimers and Limitation of Liability: LifeLock assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to Lifelock's web site. As noted above, and except as otherwise set out herein, we will not be liable for any special, incidental, indirect or consequential damages of any kind, nor any damages whatsoever other than as set forth in our Service Guarantee. LifeLock will not be liable for any failure or delay resulting from fire, explosion, flood, storm, act of God, acts of terrorism, government acts, orders or regulations, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown, Internet or telecommunications failure, or any other similar event beyond the reasonable commercial control of LifeLock.

11. Governing Law: This agreement and any Service provided hereunder will be governed by the laws of the state of Arizona, without regard to any Arizona laws that would direct the choice of another state's laws and, where applicable, to be governed by the federal laws of the United States. Subject to paragraph 12 (which provides for arbitration of claims between us to the maximum extent possible), you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of Arizona for any dispute or litigation arising out of, or relating to, the use or purchase of any Service from LifeLock, and waive any objection to the laying of venue of any such litigation in Arizona courts and agree not to claim that such litigation brought therein has been brought in an inconvenient forum. In other words, if we have a dispute that results in a lawsuit, you agree to resolve it in an Arizona court.

12. Arbitration: Both you and we agree that any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service shall be settled by confidential arbitration , 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. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event that the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will render a decision within fifteen 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 our Service Guarantee. In addition to, and separate and apart from, the above agreement to arbitrate any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service, you also 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.

13. Change in Terms. We may revise this Agreement at any time. You agree that each time you enroll, access or use our Service, you will be bound by the current version of these terms and conditions, as they may have been modified from time to time. Online customers may check our website regularly for updates to this Agreement. You may also obtain a paper copy of the current version of this Agreement by calling us at 1-800-LifeLock (543-3562) or writing us at LifeLock, 60 East Rio Salado Parkway, Suite 400, Tempe, AZ 85281.

14. Indemnification: You agree to indemnify, defend and hold harmless LifeLock, its affiliates, successors and assigns, and their respective agents, directors, employees, information providers, licensors, licensees and suppliers, for, from and against any and all liability and costs (including attorneys' fees and costs) incurred by any of these parties in connection with any claim arising out of any willful or intentional breach by you of these terms and conditions, or your violation of applicable laws, rules or regulations. In the event that you are the subject of claims for which you properly seek damages from us under these terms and conditions, we reserve the right at our expense to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without our written consent. In the event that we are subject to any claim for which we have the right to be indemnified by you, we will have the right at your expense to assume the exclusive defense and control of any such claim, and you will not in any event settle any such claim without our written consent.

15. Trademarks, Copyrights and Restrictions: LifeLock and the LifeLock logo are trademarks of LifeLock, Inc. Everything you see in any promotional materials is copyrighted by LifeLock unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All our promotional materials are protected by copyrights, which are owned or licensed by LifeLock. You may use our Service and our materials only for your own, personal, non-commercial purpose. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any LifeLock information without the express, written consent of LifeLock, Inc.

16. CREDIT REPAIR AND INSURANCE: LIFELOCK IS NOT A CREDIT REPAIR ORGANIZATION. LIFELOCK CANNOT IMPROVE YOUR CREDIT HISTORY OR CREDIT RATING. LIFELOCK WILL NOT PROVIDE YOU WITH ADVICE OR ASSISTANCE IN IMPROVING YOUR CREDIT HISTORY OR CREDIT RATING. IF OUR SERVICE GUARANTEE IS INVOKED, WE WILL HIRE PROFESSIONALS TO ASSIST YOU. PLEASE SEE SECTION 2 OF THIS AGREEMENT FOR THE DEFINITION OF OUR SERVICE GUARANTEE.

LifeLock is neither an insurance company nor an agent for any insurance company and does not sell, solicit or negotiate insurance.

17. Miscellaneous: These terms and conditions may not be altered, supplemented, or amended by you by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for the Service which is subject to additional or altered terms and conditions will be null and void, unless agreed to in writing and signed by you and LifeLock. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference will be derived therefrom. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and shall not affect the enforceability of any other provision.

18. Description of your obligations: You agree that you are only providing your own personal information (or information about your child you are enrolling or adults that you enroll on your account) and not the information of any other individual. You agree that the information you provide during the enrollment process and any subsequent information you provide to LifeLock will be true, accurate, and current. YOU AGREE TO CONTACT LIFELOCK MEMBER SERVICES IN THE EVENT THAT ANY INFORMATION YOU HAVE PROVIDED LIFELOCK HAS CHANGED. In addition, you agree that you will not purposely engage in behavior that will put your personal information at unnecessary risk, such as leaving your PIN or passwords in obvious places or publishing your Social Security Number. You certify that you have a good faith suspicion that you (or your child you have enrolled) have been or are about to become a victim of fraud or related crime, including identity theft, that you want to obtain fraud alerts under 15 U.S.C. § 1681c-1, and that you will notify LifeLock immediately if and when you no longer have such a good faith suspicion. You agree to comply with all applicable laws and regulations and that you are buying the Service for your own use only. You agree that you are eighteen (18) years of age or older.

You agree to pay us the fee we publish for our Service, less any discounts to which you may be entitled.

19. Agreement Assent: YOU AND LIFELOCK HAVE ENTERED INTO THIS AGREEMENT, WHETHER ELECTRONICALLY, BY RECORDED VOICE AUTHORIZATION, OR PHYSICAL COPY, INTENDING TO BE BOUND BY YOUR ACCEPTANCE OF THE AGREEMENT. YOU AGREE THAT EACH TIME YOU ENROLL, ACCESS OR USE OUR SERVICE, YOU WILL BE BOUND BY THE CURRENT VERSION OF THESE TERMS AND CONDITIONS, AS THEY MAY HAVE BEEN MODIFIED FROM TIME TO TIME. ONLINE CUSTOMERS MAY CHECK OUR WEBSITE REGULARLY FOR UPDATES TO THIS AGREEMENT. YOU SHOULD PRINT OR RETAIN THIS AGREEMENT FOR FUTURE REFERENCE.

20. You may withdraw your acceptance of this Agreement at any time by notifying LifeLock Member Services by calling us at 1-800-LifeLock (543-3562) or writing us at LifeLock, 60 East Rio Salado Parkway, Suite 400, Tempe, AZ 85281. Upon notification of your withdrawal of acceptance, LifeLock will cancel your service.

21. Acknowledgment: This Agreement, including all documents referred to herein, represents the entire understanding between you and LifeLock regarding your relationship with LifeLock and supersedes any prior statements or representations. When you enroll, use or access LifeLock Service, you agree to be bound by these terms and conditions. Thank you for your business.

Revised August 12, 2008