INVISUS Services Agreement
Terms and Conditions

This Agreement covers important topics such as when an account begins, how long it lasts, fees for early termination and late payments; our rights to change this agreement and your rights to alter your service; limitations of liability, use of information about you and settlement of disputes by arbitration instead of in court. If you accept this Agreement, it will apply to all services offered by INVISUS. Its provisions also apply to any other transactions or agreements between you and INVISUS, LLC. To the extent their terms and conditions conflict with this agreement, this Agreement will govern.

You represent that you are at least 18 years old and have the legal capacity to accept this Agreement. If you are ordering for a company, you are representing that you are authorized to bind it and where the context requires, "you" means the company.

About INVISUS Services

INVISUS offers various computer services and identity protection services for individuals, families and small businesses.  All of the INVISUS services, whether subscribed to individually or in a bundle, are considered a single account for each subscriber and are covered in this Service Agreement.  

Some features of the INVISUS computer services may not be available to customers with dial-up or slow Internet connection speeds.  Such limitations may be decided on a case by case basis at the discretion of our technicians.  While we will continue to provide the most comprehensive services possible – striving to provide the industry’s best services overall, there are no discounts for limitations to services in such situations.  All system and Internet connection requirements are clearly posted on the account sign-up page.  It is the sole responsibility of the customer to be aware of their system limitations and Internet service before subscribing to our services.

Some INVISUS services may have special terms and conditions of service that apply in addition to the terms outline here. Complete service terms and conditions are emailed to you or are available online at www.invisus.com.

Minimum One (1) Year Term

YOU ARE AGREEING IN ADVANCE TO SUBSCRIBE TO ONE OR MORE OF THE INVISUS SERVICES FOR THE MINIMUM TERM OF ONE (1) YEAR. AFTER ONE YEAR, CONTINUING THEREAFTER MONTH TO MONTH UNLESS OTHERWISE CANCELLED. The prices you pay, including initial month service setup fees and subsequent monthly fees, are all part of the first year minimum term. If you add additional subscription or services to your initial INVISUS account, the term of your overall Service Agreement is extended and ends 12 months from the last date of change.  IF YOU CHOOSE TO CANCEL YOUR ACCOUNT BEFORE YOUR INITIAL 12 MONTH AGREEMENT EXPIRES (OR IF WE TERMINATE YOUR ACCOUNT EARLY FOR NON-PAYMENT), YOU AGREE TO PAY A $45.00 EARLY ACCOUNT TERMINATION FEE.

30 Day Service Guarantee

Computer Services: If during your first 30 days of service you are not satisfied for any reason, you may cancel without further obligation or penalties. If with your cooperation and assistance the INVISUS technicians are unable to perform any of our services on your computer(s) including checkup, cleanup, software installation, repair, tune-up, optimization or other services, you may cancel your computer service subscription(s) within the first 30 days for a full refund of the initial service setup without early termination penalties or other charges.  HOWEVER, NO REFUND WILL BE ISSUED IF ANY CHECKUP, CLEANING, DIAGNOSITC, OPTIMIZATION, REPAIR OR OTHER WORK ON YOUR COMPUTER(S) IS COMPLETED BY ONE OF OUR TECHNICIANS.

COMPUTER SERVICE SETUP AND FIRST MONTH’S SERVICE IS OFFERED AT A DISCOUNTED RATE AS PART OF A MINIMUM ONE YEAR SERVICE AGREEMENT.  IF SERVICE IS CANCELED AFTER THE FIRST 30 DAYS, BUT PRIOR TO FULFILLING THE ONE YEAR AGREEMENT, YOU AGREE TO PAY A $45.00 PER COMPUTER EARLY TERMINATION FEE TO HELP COVER THE COST DIFFERENCE BETWEEN THE HIGHER ACTUAL COST OF INITIAL SERVICE SETUP AND THE DISCOUNTED PRICE YOU RECEIVED WITH THIS AGREEMENT.

Identity Protection Services: If you do not set up your identity protection service and do not utilize any of the identity protection services such as receiving your credit reports or any legal consultations or services, you may cancel your subscription to your identity protection services within the first 30 days for a full refund of the initial month service setup without any early termination penalties or additional charges.

Billing and Payments

Your monthly subscription fee will be billed and charged automatically to the credit or debit card that you used to initiate your original subscription, or by any other payment method approved by INVISUS.

Multiple Computer Subscription Discounts: Additional subscriptions to INVISUS computer services after the first computer on the same account are billed at a discount according to the published discounted rates.  The first computer subscribed to any one of the services (or the computer with the highest level of service) is the Primary computer on the account.  Additional subscriptions after the primary computer are billed at the published discount rates.

Changes to your monthly billing based on additions to or cancellations of your basic account package will be billed at a prorated rate based on the date of the change to your overall subscription. All subscriptions started on the 29th, 30th or 31st of any month will be billed on the 28th of each month thereafter. If you have multiple subscriptions, they will all be billed together once a month, on the day of your very first subscription.

Late payments, Account Suspended.

If for any reason payment is not made on the day it is due, your service will be automatically suspended until your account is brought current. INVISUS will notify you of past due amounts by email and/or by phone. Accounts that reach 60 days past due will be terminated by INVISUS. Past due accounts are returned to current status upon payment in full of all past due amounts. INVISUS may, to the extent permitted by law, charge a late fee of up to one and one-half percent (1.5%) a month (18 percent annually), or a flat $5 a month late fee, whichever is greater, on unpaid balances. INVISUS may charge a $25 service fee for any returned check or denial of payment by credit card, depending on applicable law. INVISUS may also charge for any collection agency fees billed trying to collect from you.

Privacy

The information you provided as part of your service signup will be transmitted securely and your confidential information will be kept private.  We will not share your account information with others without your permission. We can, however, share and use this information as required by law, by legal processes, by exigent circumstances, or to protect ourselves. We can also use this information to communicate with you about goods and services related to INVISUS products and services.

All employees, agents or representatives that act on behalf INVISUS are contractually obligated to keep all information deserving legal protection confidential and private.  Our technicians only interact with or work with files, programs, and information on your computer(s) that you provide or that are necessary to perform the services you request.  Our technicians will not use the remote online connection tools to obtain confidential or sensitive information stored on your computer(s), deliberately damage the information on your computer(s), or cause you to experience system problems.  The Internet itself is not a secure network.  The best available technology does not and cannot guarantee that data that you transmit or receive over the Internet will not be intercepted or corrupted by sources beyond the control of INVISUS.

Computer Services:  By design, you must request service from INVISUS and allow our technicians to work with you and your computer(s).  INVISUS cannot gain access to your system in the absence of your request, on-line presence and involvement in the process.  You have the option to allow, decline, halt the advancement of, and/or terminate the on-line remote session.

When you contact our technical support call center you will be connected to a technician. The technician will address the questions and technical difficulties you are seeking help to resolve with your computer(s).  The technician may offer to remotely connect to your computer on a secure connection through the Internet to provide the service.  Each session is private and secure, initiated at your request, and enables you to watch your technician work right on your screen.  Once service has been provided, you will be able to terminate the connection, or watch the technician terminate the connection with your computer and peripherals.  You may, however, exercise the option of maintaining a plug-in in-place for future sessions.  You may only use the remote on-line support services during the session requested by you.  You must initiate subsequent requests for service.  

If resolving the difficulty that you sought the service for requires downloading software, accessing Internet resources through various portals or websites, technical support will offer you some suggestions but you will ultimately determine what you authorize or allow.  

As part of the service, INVISUS may suggest that you license or use software from third parties in addition to INVISUS proprietary software.  It is your responsibility to comply with all licensing and regulatory requirements associated with any third party software.  You further understand and acknowledge that any software, materials or resources you acquire and/or install (or un-install) as part of the service provided by INVISUS may not function properly and/or cease to operate at any time.  If you link to a web site that is provided for your convenience during the service, you acknowledge, agree and accept that the links provided/used are maintained by their respective organization, entity or business and that organization, entity or business is responsible for any and all content and/or consequences related to the use of those links/websites. In any event, other than INVISUS proprietary software, INVISUS does not represent, warrant or guarantee the reliability of any product that you choose to license or use at any time during, after, or prior to the Service.

INVISUS may from time to time be unable to provide the services requested. Examples that may render service temporarily unavailable include: catastrophic events, electrical power outages, website maintenance, virus activity, difficulty with Internet access that is beyond the control of INVISUS and other reasonable instances.

INVISUS recommends that you establish or maintain a separate and external backup file of the programs and information stored on your computer for the reconstruction of any data before seeking technical services from INVISUS.

Service Upgrades, Downgrades, Transfers

Only the primary account holder on record with INVISUS may change the account status.  Upgrades of any subscription to a more comprehensive or higher level services may be done at any time.  NO REFUNDS WILL BE GIVEN FOR SERVICE SET-UP FEES PAID, AND CERTAIN UPGRADE OR TRANSFER FEES MAY APPLY FOR UPGRADING OR CHANGING TO OTHER INVISUS SERVICE PLANS.  A computer service subscription may be transferred from one computer to another.  The service setup fee for the new computer on the service is 50% of the regular service setup fee for the associated service.  The identity protection service may not be transferred from one account to another.

Our Rights to Make Changes

Your account, subscription and service are subject to our business policies, practices and procedures, which we can change without notice. WE CAN CHANGE PRICES AND ANY OTHER TERMS IN THE AGREEMENT AT ANY TIME BY GIVING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU ARE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 30 DAYS AFTER THE FIRST BILL WHEN THE CHANGES GO INTO EFFECT.

Our Rights to Limit or End This Agreement

INVISUS may temporarily suspend an account belonging to or associated with you if concerns arise regarding the use or nature of usage of your account.  INVISUS reserves the right to refuse service and terminate or refuse a request for service on reasonable grounds.

You agree not to use (or to permit your computer to be used) for any purpose that is illegal or not allowed by this agreement. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY AGREEMENT WITH YOU FOR THIS OR ANY OTHER GOOD CAUSE, INCLUDING, BUT NOT LIMITED TO: (a) paying late more than once in any 12 month period; (b) verbally or physically abusing our employees or agents; (c) lying to us; (d) interfering with network, customer service, or business operations; (e) becoming insolvent or going bankrupt; (f) breaching this agreement; (g) "spamming," "mail bombing," or other abusive messaging; (h) providing credit information we cannot verify; (i) using your service in a way that adversely affects service to other customers; or (j) allowing any unauthorized person or party to use your INVISUS software or services without being a legal customer of INVISUS. We can also temporarily limit your service for any business or governmental reason.

Disclaimer of Warranties

You understand that INVISUS DOES NOT GUARANTEE YOUR SECURITY OR PROTECTION AND MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY FEDERAL, STATE, AND LOCAL LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INVISUS cannot promise error-free service and doesn't authorize anyone to make any warranties on its behalf.

Waivers and Limitations of Liability

INVISUS AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, OR AFFILIATES SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY BREACH OF SECURITY OR INCIDENT OF IDENTITY THEFT, LOSS OF DATA, INTERRUPTION OF SERVICE, OR FOR INDIRECT, SPECIAL INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND. Services may be subject to limitations, delays and other problems inherent in the use of computers, software, and the Internet. You agree that INVISUS is not liable for problems caused by you or a third party, or for other problems inherent in the use of the Internet and electronic communications, or other issues INVISUS does not control.

UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL CLAIM OF SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER.

Mandatory Arbitration

Instead of suing in a court of law, we each agree to settle disputes (except certain small claims) only by arbitration. To the fullest extent permitted by law we each agree that:

1. Any controversy or claim arising out of or relating to this agreement will be settled by one or more neutral arbitrators on an individual basis before the American Arbitration Association ("AAA"). This does not change your substantive rights, just the potential forums for resolving disputes. In addition, you can still bring any issues you may have to the attention of appropriate federal, state, or local government agencies and they can still, if the law allows, seek relief against us on your behalf.

2. Only an arbitrator can decide whether an issue is arbitrable. An arbitrator can allocate the fees and costs of arbitration in an award. If applicable statue provides for an award of attorney's fees, an arbitrator can award them too. Any arbitration award made after completion of any arbitation is final and binding and may be confirmed in any court of competent jurisdiction. An award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself.

About This Agreement

A waiver of any part of this Agreement in one instance won't be a waiver of any other part or any other instance. You cannot assign this Agreement or any of your rights or duties under it. We may assign all or part of this Agreement without notice, and you agree to make all subsequent payments as instructed. NOTICES ARE CONSIDERED DELIVERED 3 DAYS AFTER MAILING TO THE MOST CURRENT BILLING ADDRESS WE HAVE ON FILE FOR YOU, IF BY US, OR TO THE CUSTOMER SERVICES ADDRESS ON YOUR MOST RECENT BILL, IF BY YOU. If any part of this Agreement, including any part of its arbitration provisions, is held invalid, that part may be severed from this Agreement. This agreement and the documents to which it refers form this entire agreement between us on their subjects. You cannot rely on any other documents or statements on this subjects, and you have no other rights with respect to service or this Agreement, except as specifically provided by laws. This Agreement is governed by the laws of the state of Utah .