License & Terms of Service
Last updated: October 1, 2021.
Thanks for choosing PassWatch. First, let’s review the License and Terms of Service according to which we offer this service to you. In this document, we’ll outline in detail what we provide you (our customers), and each of our legal obligations. The terms and conditions contained in this document will be collectively referred to as the “Terms.”
Here is a quick breakdown to make these easier to understand:
When do these terms apply?
You are eligible to use PassWatch because you’re an existing customer of the Privacy Assist/Identity Defense services provided by Intersections Inc. Please note that you will cease to have access to PassWatch when your subscription with Privacy Assist or Identity Defense ends.
These Terms apply to your use of PassWatch, including all software provided as a part of our services (the “Software”), whether through the web or a mobile application, or in any other manner (collectively, the “Service”). Except as otherwise provided herein, when the term “Service” is used in these Terms, we are referring generally to all products, services, and Software offered by Pango in connection with PassWatch. As such, these Terms apply anytime you (i) create an account in connection with the Service; (ii) download or use any Software in connection with the Service, (iii) use the Service via our websites, or (iv) otherwise use the Service or interact with Pango in connection with the Service.
How do you agree to our terms?
You are agreeing to these Terms when you sign up for or use the Service. This means that anytime you access or use the Service, you are agreeing to the Terms. We encourage you to read our Terms carefully, as they contain many important provisions, including automatic renewal terms and mandatory arbitration, that significantly affect your legal rights.
We note, in particular, that these Terms contain an arbitration agreement that requires U.S. users to resolve disputes with Pango or its affiliates through arbitration on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity. See Section 2.12 below for the details of the arbitration agreement.
Who is Pango?
Pango Group is a division of Intersections, LLC or Pango GmbH, d/ba/ Pango Group (“Pango”, “we”, “us”, or “our”)
What is covered by these Terms?
To make it easier to understand, we’ve divided our legal terms into four parts:
- General Legal Terms: This covers the general legal terms that make up the contractual relationship between you and Pango with respect to your use of the Service, such as eligibility, user accounts, binding arbitration, and indemnification.
- Service Specific Terms: These are additional terms that apply to your use of the Service.
- License Terms: These are terms that govern how we give you a license to access and use the Service.
PART 2. GENERAL LEGAL TERMS
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS – IF YOU RESIDE IN THE U.S. WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES WITH PANGO AND ITS AFFILIATES THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE REVIEW SECTION 2.11 OF THESE TERMS FOR DETAILS REGARDING ARBITRATION.
2.1 Eligibility. Our Service is not available to persons who are not Eligible or to any users previously suspended, terminated, or removed from this Service or any product or service offered by Pango. “Eligible” means that (i) you are 18 years of age or above the age of majority in your jurisdiction of residence (whichever is greater) or (ii) you are 13 years of age or older but under the age of majority in your jurisdiction of residence and are using the Service with the permission and involvement of a parent or legal guardian who has agreed to these Terms. By downloading, using, or accessing the Service, you represent and warrant that you are Eligible. If you are a parent or legal guardian of a user under the age of majority, by allowing the minor user to use the Service, you are acknowledging that you are subject to these Terms and responsible for the minor user’s activity on the Service. Under no circumstances may anyone under 13 years of age use or access the Service at any time or in any manner or submit any information through the Service.
2.2 User Accounts and Passwords. Registration as a user or subscriber with the Service will require both a user name and a password, and certain portions of the Service may require the use of multiple one-time or persistent passwords. You should consider your user name and password as confidential information. Anyone with knowledge of both your user name and password can gain access to the restricted portions of the Service and your account. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We reserve the right to block a user’s account and/or prohibit a user from using the Service in the event of any suspected or actual fraud or a violation of these Terms, as determined in our sole discretion. Please see Section III for more information and terms regarding your password for the Service.
2.3 User Data & Submissions. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms. You are fully and solely responsible and liable for the content and data you enter into our Service.
Also, certain features on the Service may allow you to post or submit communications and content on or through the Service (“Submissions”). You own any intellectual property rights to your Submissions, but, by making a Submission, you automatically grant, or warrant that you and/or the owner of such content has expressly granted, Pango a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum, now known or hereafter developed, to improve or market the Service or for any other reasonable business purpose. We may sublicense these rights through multiple tiers of sublicenses.
You are responsible for your Submissions and acknowledge that once published, we cannot always remove them. By making a Submission, you guarantee that you own the content of your Submission and/or that you have obtained all required permissions – including copyright and other intellectual property rights – necessary to make the Submission and grant the foregoing license to Pango.
Your Submissions shall not be deemed confidential, and Pango shall not have any obligation to keep any such material confidential. Pango shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.
2.5 Third-Party Products and Policies. We may offer or provide you access to products, services, or websites provided by third parties, including but not limited to free services provided by third parties and websites that hyperlink to our website or to whom we hyperlink (collectively “Third-Party Content”). Pango does not control or bear any responsibility for Third-Party Content, including but not limited to their products or services or use by them of personal information you may provide them.
If you choose to access or use any Third-Party Content, including without limitation through third-party payment vendors while using the Services. Your personal information may be available to a third-party content provider. If you choose to visit or use any Third-Party Content, these Terms will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy, and other policies, if any, and not our policies. Pango has no responsibility for any third party’s policies or any third party’s compliance with them. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any Third-Party Content.
2.6 Indemnification. To the fullest extent permitted by law, you agree to indemnify and hold Pango, its affiliates, agents, suppliers, vendors, contractors, third-party partners and licensors, and each of their respective contractors, subcontractors, officers, directors, shareholders, employees, agents, and its third-party suppliers, licensors, and partners (collectively, the “Pango Entities”) harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use and misuse of the Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Pango reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Pango Entities, and you agree to cooperate with Pango’s defense of these claims. Pango will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
2.7 Export. The Service, or certain portions thereof, may be subject to United States export controls. You may not export or re-export any aspect of the Service without (a) the prior written consent of Pango, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, you may not remove or export from the United States or allow the export or re-export of any part of the Service in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. The Service may contain information that is controlled and restricted from export by the United States export controls restrictions, regulations, and laws described above (the “Controlled Information”). If Pango, in its sole discretion, determines that it cannot implement the Service in a manner to exclude access to Controlled Information where required, if you are in a country or territory that is subject to such regulation, you shall not be provided access to the Service.
2.8 Disclaimers; No Warranties. TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, Pango disclaims all warranties, statutory, express, or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No information, whether oral or written, obtained by you from Pango or through the Service will create any warranty not expressly stated herein. You expressly agree that the use of the Service is at your sole risk. The Service and any data, information, third-party software, services, or applications made available in conjunction with or through the Service is provided on an “as is” and “as available,” “with all faults” basis and with no assurances that the Service will withstand attempts to evade security mechanisms or that there will be no cracks, bugs, disablements or other circumvention. Pango does not warrant that the Service will be uninterrupted or free of errors, viruses, or other harmful components and does not warrant that any of the foregoing will be corrected. You understand and agree that if you use, access, or download the Service, or otherwise obtain or transmit materials, data, or other content while using the Service, you do so at your discretion and risk.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
2.9 Limitation of Liability and Damages. TO THE FULLEST EXTENT PERMITTED UNDER LAW, PANGO AND THE PANGO ENTITIES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING CONCERNING YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Also, when using the Service, information will be transmitted over a medium that is beyond the control and jurisdiction of Pango, its partners, advertisers, and sponsors, or any other third party mentioned on the Service. Accordingly, Pango assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Service.
NEITHER PANGO, SAFERPASS, NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBCONTRACTORS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, FOR THE ACCURACY OF THE INFORMATION CONTAINED IN OR PROVIDED IN CONJUNCTION WITH THE SERVICE. NEITHER PANGO, SAFERPASS, NOR ANY OF THEIR RESPECTIVE AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE PERFORMANCE OF THE SERVICE OR YOUR REQUEST, USE, OR ATTEMPTED USE OF THE SERVICE. THE AGGREGATE LIABILITY OF ALL SUCH PARTIES TO YOU, IN ANY EVENT, IS LIMITED TO THE AMOUNT WHICH YOU HAVE PAID PANGO FOR THE SERVICE, IF ANY. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION, CANCELLATION, OR EXPIRATION OF THIS AGREEMENT.
2.10 Basis of the Bargain. You acknowledge and agree that Pango has offered the Service, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Pango, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Pango. Pango would not be able to provide the Service to you on an economically reasonable basis without these limitations.
2.11 Government Use. This Section 2.11 applies where the Service is provided for the benefit of a U.S. governmental end-user. As defined in FAR section 2.101, the Service is a “commercial item” according to FAR 12.212 and DFARS section 252.227-7014(a)(1) and (5) is deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with FAR section 12.212 and DFARS section 227.7202, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.
2.12 DISPUTE RESOLUTION BY BINDING INDIVIDUAL ARBITRATION
Please read this carefully. It affects your rights.
(A) Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling customer service at 1-855-443-7748. In the unlikely event that customer service is unable to resolve a complaint you may have with Pango or Pango’s service provider(s) to your satisfaction (or if Pango and/or Pango’s service provider(s) have not been able to resolve a dispute with you after attempting to do so informally), you, on the one hand, and Pango and/or Pango’s service provider(s), on the other, each agree to resolve those disputes under the Arbitration Agreement contained in this Section 2.12. The Arbitration Agreement requires you to resolve all disputes (other than those expressly exempted in this Section 2.12) through binding arbitration on an individual basis, instead of in courts of general jurisdiction to the fullest extent permitted by law. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. We will pay all costs of arbitration, no matter who wins, so long as your claim is not frivolous. However, in arbitration, you, on the one hand, and Pango and/or Pango’s service provider(s), on the other, will be entitled to recover attorneys’ fees to the same extent they would be available in court.
(B) ARBITRATION AGREEMENT – You, on the one hand, and Pango and/or Pango’s service provider(s), on the other, agree that any claim or dispute (“Claim”) between us shall, at the election of any one of us, be resolved by binding arbitration ON AN INDIVIDUAL BASIS administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations, as modified by this Arbitration Agreement. The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Pango can also help put you in touch with the AAA. The parties intend that this agreement to arbitrate (“Arbitration Agreement”) be construed broadly, such that this Arbitration Agreement includes any Claims by you against Pango or Pango’s service provider(s) as well as their respective corporate affiliates for any claims, disputes, or causes of action related in any way to (i) your use of the Service or (ii) the breach, enforcement, interpretation, applicability, or validity of these Terms or any part of them (including this Arbitration Agreement).
You agree that, by entering into these Terms or otherwise using the Service, you are waiving the right to a trial by jury or to participate in a class action. At your request, we will promptly reimburse you for the payment of your arbitration filing fee. (The filing fee for consumers currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly after receiving a written request). The arbitrator shall be authorized to award whatever relief would be available in a court under law or in equity, other than relief reserved for the courts by law or statute. YOU, ON ONE HAND, AND PANGO AND/OR PANGO’S SERVICE PROVIDER(S), ON THE OTHER, AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pango agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision in the preceding sentence is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The parties to these Terms acknowledge that this Arbitration Agreement is made according to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), except to the extent state law provides defenses or exceptions not preempted by the FAA. Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow substantive law to the extent consistent with the FAA and shall honor any claims or privileges recognized by law. The terms of this Section 2.12 shall survive any termination, cancellation, or expiration of this Agreement.
Exceptions to Arbitration: Notwithstanding the foregoing, claims properly lodged in a small claims court of the United States are not subject to this Arbitration Agreement, provided that they are brought and maintained as individual claims and not in any class, consolidated, or representative capacity.
2.13 Prohibited Conduct. BY USING THE SERVICES, YOU AGREE NOT TO:
(A) use the Service for any fraudulent, harassing, or abusive purpose, or to damage or cause risk to our business, reputation, employees, subscribers, facilities, or any person;
(B) use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
(C) use the Service for any commercial use, it being understood that the Service are for personal, non-commercial use only;
(D) use the Service if you are not Eligible;
(E) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of the Software, or features that enforce limitations on the use of the Service;
(F) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof;
(G) intentionally interfere with or damage the operation of the Service, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
2.14 Digital Millennium Copyright Act. It is Pango’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to our DMCA Notification Guidelines.
2.15 Notice to California Residents. You may reach Pango at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
2.16 No relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Pango or its partners or affiliates.
2.17 No Tax or Legal Advice; No Credit Repair Service. You acknowledge and agree that we are not providing any legal, tax, or financial advice by providing the Service to you.
2.18 Apple App Store Additional License Terms
If the Software is provided to you through Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms set forth herein:
(A) Apple is not responsible for the Service and has no obligation to furnish any maintenance or support services for the Software or the Service.
(B) In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software (if any) to the Customer. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever for the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed by the Customer Agreement.
(C) Any claim in connection with the Software related to product liability, a failure to conform to applicable legal or regulatory requirements or claims under consumer protection or similar legislation is governed by this Agreement, and Apple is not responsible for such claim.
(D) Any third-party claim that the Software or your possession and use of the Software infringe that third party’s Intellectual Property Rights will be governed by this Agreement, and Apple will not be responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim.
(E) Apple shall be a third-party beneficiary of this Agreement and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you.
2.19 Monitoring of Customer Service Sessions. We and our partners may, but have no obligation to, monitor and record customer service sessions, including telephone calls and online sessions for purposes of improving customer service, internal training, and internal market research. You hereby grant us permission to monitor and record any customer service sessions involving you and to use or disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental requests; to provide the Service to you or other users, and/or to enhance the types of Service we may provide in the future.
2.21 Termination by Pango. Pango may terminate your use of the Service or discontinue providing access to the Service at any time and for any reason, including, but not limited to any actual or suspected breach by you of these Terms or any other unacceptable or objectionable use of the Service, as determined by Pango in its sole discretion. You agree that any termination of your access to the Service may be effected without prior notice and you agree that Pango will not be liable to you or any third party for any such termination.
If such termination or discontinuation occurs during a period for which you are a paid subscriber, you may be entitled to a pro-rated refund of your current subscription payment amount in connection with your use of the Service. If your account is terminated due to your breach of these Terms, you will not be eligible for a refund. All refunds are issued at Pango’s sole discretion and any refund request may be denied for any or no reason. If you have been terminated from the Service and wish to request a refund, please email customer service at [email protected] and describe the circumstances relating to the termination or discontinuation of your use of the Service. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Pango may have at law or in equity.
2.22 Termination by You. You may terminate these Terms at any time by discontinuing use of the Service, deleting your account with the Service, and uninstalling any Software downloaded in connection with your use of the Service.
2.23 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Pango without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
2.24 Additional Terms. Certain areas, features, or functionality of the Service may be subject to different or additional terms, rules, guidelines, or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms” in this agreement includes the Additional Rules.
2.25 Entire Agreement. These Terms (including any documents incorporated here by reference) constitute the entire agreement between you and Pango concerning its subject matter, and it supersedes any other prior or contemporaneous agreements or terms, written or oral.
2.26 Force Majeure. Neither Pango nor you will be liable for inadequate performance under these Terms to the extent caused by events beyond the reasonable control of a party, which may include denial-of-service attacks, internet disturbance, strikes, riots, pandemics or epidemics, natural disasters, acts of God, war, terrorism, and governmental action.
2.27 Governing Law. These Terms will be governed by and construed by the laws of the Commonwealth of Virginia, USA, exclusive of its choice of law principles.
2.28 Interpretation. These Terms were prepared and written in English. Any non-English translations of these Terms which may be made available are provided for convenience only and are not valid or legally binding. Use of section headings in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. The use of the words “includes,” “including,” “such as,” “for example,” and similar terms are deemed not to limit what else might be included.
2.29 Jurisdiction. You agree that in the event of a dispute that is not subject to the Arbitration Agreement in these Terms, or if the Arbitration Agreement is found to be unenforceable any action at law or in equity arising out of or relating in any way to these Terms or your use of the Service, except any claim properly lodged in a Small Claims Court of the United States, will be filed only in the state or federal courts located in the Herndon, Virginia area, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts to litigate any such action. You further agree that any such claims will be brought solely on an individual basis and not as part of any class, consolidated, or representative capacity.
2.30 Notice. All notices must be in writing and will be deemed given when: (a) personally delivered, (b) verified by a written receipt, if sent by postal mail with verification of receipt service or courier, (c) received, if sent by postal mail without verification of receipt, or (d) verified by automated receipt or electronic logs if sent by email, provided that no bounce or other technical error message was received in response. Notices to Pango must be sent to Intersections Inc. at 2553 Dulles View Drive, Suite 400, Herndon, VA 20171, marked to the attention of the Legal Department, with a copy emailed to [email protected]. Email alone is insufficient for providing non-routine legal notices to Pango such as notices related to Disputes or arbitration, indemnification claims, breach notices, and termination notices (“Non-Routine Notices”) to Pango. You may grant approvals, permission, extensions, and consents by email. Notices to you may be sent to the email address associated with your account for the Service. You consent to receive certain electronic communications from us in connection with your use of the Service. You agree that any notices or other communications sent to you electronically will satisfy any legal notice requirements. You must keep contact details associated with your account and accurate, and you will notify Pango in writing of any changes to such details.
2.31 Severability. If any provision of these Terms is held to be unlawful, void, or for any reason is unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
2.32 Survival. Upon termination or expiration of these Terms for any reason, such terms as by their nature would survive termination shall survive. In particular, Section 2.6 (Indemnification), 2.9 (Limitation of Liability), and 2.12 (Binding Arbitration) will survive.
2.33 Third Party Beneficiaries. Except as expressly provided herein, there will be no third party beneficiaries to these Terms.
2.34 Waiver. The failure of Pango to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Pango. Any cause of action arising out of or related to the Service by you against Pango must commence within one (1) year after the cause of action accrues.
2.35 Modification of this Agreement. Pango may make changes to these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or to account for additional features or functionality in the Service. We may notify you of such changes by any reasonable means, including by posting a revised version of these Terms through the Service. You agree that it is your responsibility to regularly check the Service for any updated Terms. By continuing to use or access any of the Service or otherwise engaging with Pango after we post any changes, you accept the updated Terms. The “Last Updated” legend above indicates when these Terms were last changed. If a revision materially alters your rights, as determined by Pango in its sole discretion, we will use reasonable efforts to notify you in advance of the change becoming effective, which may include sending a notification to the e-mail address(es) associated with your account or displaying a pop-up or banner within the Service. In any case, the most current version of these Terms will be posted on the Service. Changes will be effective no sooner than the day they are publicly posted. By continuing to use the Service after the date the changes become effective, you indicate your agreement to be bound by the updated Terms. If you do not agree to any changes made to these Terms, you must immediately stop using the Service.
2.36 Trademark and Copyright. ©2024 Pango All rights reserved. “INTERSECTIONS,” “PASS WATCH” (and combinations thereof) are trademarks and/or federally registered trademarks of Pango. Other trademarks are trademarks of Pango or their respective owners.
All aspects of the Service and their content, features, and functionality are owned by Pango, our licensors, or other content suppliers, and are protected by copyright and other intellectual property laws. See Part IV of these Terms for the details of the limited license under which you are permitted to use the Service.
2.37 Contact Us
If you have any questions about these Terms, please contact us at:
PassWatch Customer Service
P.O. Box 222455
Chantilly, VA 20153-2455
Email: [email protected]
Part III. SERVICE SPECIFIC TERMS
Your use of the Service is subject to both the General Legal Terms (see Part II above) and these Service Specific Terms for use of the Password Manager Service.
The Service is a digital identity management service that gives you the ability to save your passwords, credentials, frequently visited websites, and favorite websites by storing passwords, notes and form-filling data. Your passwords will be encrypted on your device using a master password (“Master Password”). You can use your Master Password to access the Service and decrypt your encrypted passwords on your device. After being encrypted on your device, your passwords will be sent to us in an encrypted format through a secure connection for storage in order to enable synchronization with your other devices.
You agree to not issue your Master Password to any third parties under any circumstances. The Pango Entities shall not be responsible for the actions of any individuals who access, misuse, or misappropriate your account information or other any of your assets by using your Master Password.
If you decide to use the Service, you will have access to the following features:
- Password Detection: When open, the Service will automatically detect passwords while you browse and encrypt them on your device with your master password in order to save them. You can decide to turn off this feature at any time in the settings section.
- Password Completion: When open, the Service will automatically fill in, on the web pages you are visiting, the username and password of the online accounts you have stored for that web page and will automatically log you in.
By downloading the Service, you understand and expressly agree that the Service logo (box) will be installed and will appear on your browser or your mobile OS in order to quickly access the Service.
You understand and acknowledge that different services will be made available to you depending on whether you use the Services via the Website only or if you download and access the Service via the mobile applications.
PART IV LIMITED LICENSE
We are pleased to grant you, an individual consumer, a personal, non-transferable, nonexclusive term-limited license to install and use the Software and access the Service for which you have purchased a Subscription (if applicable) for personal use on the number of Devices (defined below) and for the number of users specified in your License Entitlement or Service Entitlement, as applicable, subject to the System Requirements.
“License Entitlement” means the number and type of Devices and users that are permitted to download and use the Software and access the Service, as specified in the documents that accompanied your purchase or download, which (depending upon the channel from which you purchased the license) may include: the checkout payment page, a product description page on our website, the email confirmation that we send for the purchase, the package if purchased at a retail store, or another document made available to you when you purchased the product. If no licensed device count or user count was specified, the License Entitlement is for a single Device and user.
“Service Entitlement” means the scope and duration of the Service you purchased or downloaded, as specified in documents made available to you when you purchased or downloaded the relevant product or service. If no scope or duration is specified in the documents, the Service Entitlement is for a single Device and user for one year.
“System Requirements” means the supported Devices and operating systems that the Service will function properly with, as listed on our website or other applicable documentation. It is your responsibility to meet System Requirements, such as obtaining updates or upgrades to continue using the Service.
4.1 Ownership; Proprietary Rights.
The Service, including the Software (and any releases, revisions, updates, or enhancements), and all of their content, features, and functionality, including, without limitation, information, text, graphics, logos, button icons, images, visual interfaces, audio clips, video clips, data compilations, computer code (including source code or object code), software, products, services, and the design, selection and arrangement thereof, and any accompanying documentation (collectively, the “Materials”) are the exclusive property of Pango, its licensors, or other content suppliers and are protected by the United States copyright, trade dress, patent, and trademark laws, international conventions, and other relevant intellectual property and proprietary rights laws. Except as expressly authorized by Pango, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any of the Service or Materials. Pango reserves all rights not expressly granted in these Terms.
4.2 Limited License.
Subject to these Terms, Pango grants you a limited, revocable, nonexclusive, personal, nontransferable license to install and use the Software and to access the Service for internal, noncommercial, and personal purposes only and subject to your Service Entitlement and License Entitlement. The Software is “in use” on a Device for purposes of this paragraph when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or another storage device) of the Device.
4.3 License Restrictions.
You may not (and may not allow a third party to):
(A) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Service by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law;
(B) remove or destroy any copyright notices or other proprietary markings from the Service;
(C) attempt to circumvent any use restrictions applicable to the Service;
(D) modify or adapt any aspect of the Service, merge any aspect of the Service into another program, or create derivative works based on the Service;
(E) use, copy, or distribute the Software without Pango’s written authorization, except that you may make one (1) copy of the Software for archival or backup purposes only.
(F) use the Service to provide, alone or in combination with any other software, product or service, any software/product/service to any person or entity, whether on a fee basis or otherwise or on websites where you have agreed “not to use any ad blocking solutions”, for instance by agreeing to the terms of services on the respective websites or to circumvent technological measures that control access to websites;
(G) repackage, modify, adapt, tamper with, alter, translate, or create derivative works of the Service or any aspect thereof;
(H) combine or merge any part of the Service with or into any other software or documentation, or refer to or otherwise use the Service as part of an effort to develop software (including, without limitation, any routine, script, code, or program) having any functional attributes, visual expressions, or other features similar to those of the Service or to compete with Pango;
(i) except with Pango’s prior written permission, publish any performance or benchmark tests or analysis relating to the Service; or
(J) rent, lease, sublicense, sell, assign, loan, use for timesharing or service bureau purposes, or otherwise transfer the Service or any of your rights and obligations under this Agreement.
4.4 Open Source.
The Open-Source code components that are included with the Software are redistributed by Pango under the terms of the applicable Open-Source Code license for such component. Your receipt of Open-Source code components from Pango under these Terms neither enlarges nor curtails your rights or obligations defined by the Open-Source Code license applicable to the Open-Source Code component. Copies of the Open-Source Code licenses for the Open-Source Code components that are included with the Software are included with or referenced in the Software’s Documentation.
You may use the Software solely to access the Service. A computer or other equipment enabled to access the Internet (a “Device”) is required to utilize the Service. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service and complies with all System Requirements. The speed and quality of the Service may vary, and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited, or curtailed.
4.6 Service Interruption
You acknowledge that: (I) your access to and use of the Service may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Service for any reason, including as a result of power outages, system failures or other interruptions; and (II) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Service at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Service; (b) in the event of a denial of service attack or other attack on the Service or the occurrence of any other event that we determine, in our sole discretion, would constitute a risk to the Service, to you or to any of other users; or (c) in the event we determine that the Service is prohibited by law or we otherwise determine that it is necessary or advisable to do so for legal or regulatory reasons (collectively, “Service Interruptions”). You agree that the Pango Entities shall have no liability to you or any third party in relation to any Service Interruptions.
Upon expiration or any termination of these Terms, you must stop using the Service and destroy all copies of the Software and any associated documentation in your possession.