Welcome to Snap One

By completing your purchase, you expressly authorize and permit Snap One to charge you for the subscription selected and to automatically renew your subscription for successive renewal terms at the same price (plus taxes and fees) using the payment information you provided for your initial purchase, until you cancel.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITES OR SERVICES.

BY USING THE SITES OR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, THEN YOU CANNOT USE THE SITES OR SERVICES.

1.0 Existence of Contract

1.1 Agreement. This Terms of Service (the "Agreement" or "Terms of Use") constitutes a binding agreement between SnapOne, Inc. and its affiliates and subsidiaries (collectively, "Snap One", "we", "us" or "our"), and users ("you" or "your") of its cloud-service applications for mobile devices and other Internet-enabled consumer electronic devices. The Agreement governs all information, data, graphics, content, software applications, downloadable or otherwise, or other Snap One services (collectively, the "Services") provided on or through its websites, which include but are not limited towww.snapone.com, www.snapmylife.com, www.getsnapsecure.com, www.getsnapsync.com (hereinafter, the "Sites" or "Services"), and your use of and access to our Services offered on the Sites.

1.2 Amendment. We reserve the right to modify or replace these Terms at any time in our sole discretion. Any changes will be effective upon posting the revised version of these Terms of Services (or such later effective date as may be indicated at the top of the revised Terms).

2.0 Conditions to Use of Sites or Services

2.1 Over 13 years. You may not access the Sites or use the Services if you are under the age of 13 years. You represent and warrant that you are more than 13 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement.

2.2 Consent to Electronic Communications. You agree that the Site and Services may include certain communications such as service announcements or administrative messages, and that these communications are considered part of your Site or Services and you will not be able to opt-out of receiving them. You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

2.3 Consent for Promotions; Opt-out. Snap One may also send you promotional offers and news about Snap One, the Sites or Services, which you agree to receive unless you opt-out from receiving by following the instructions on the promotional messages or by emailing us at support@snapone.com.

2.4 Limitations on Use.

(a) You agree to use the Services only for lawful purposes and for their intended purposes and only as permitted by these Terms of Service.

(b) The Content available on the Services is provided solely for your personal use and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Services. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Services without our prior written permission.

(c) You may not employ, post, or share any language or content that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, false, libelous, slanderous or otherwise objectionable or in violation of applicable laws and regulations.

(d) You may not take any action or post, upload or distribute any content that violates, misappropriates or infringes upon the rights of others in any way, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights of any third party.

(e) You may not use the Services to collect any personally identifiable information, including profile names, email addresses or other such information for commercial purposes or for any purpose prohibited by applicable laws or regulations.

(f) You may not use the Services in any manner that could damage, disable, overburden or impair the Services or any server or other hardware associated with the Services; disobey any requirements, procedures, policies, procedures or regulations of networks connected to the Services; interfere with any other party's use and enjoyment of the Services; frame or utilize framing techniques to display content from a source other than the Services; use any Snap One-owned mark or product name as a meta-tag or other ‘hidden text' for search engines in a manner that does not inure to the benefit of Snap One.

(g) You may not use the Services to distribute or transmit any kind of unsolicited email in violation of any applicable law governing so-called "spam" or other unsolicited electronic communications. You may not use the Site or Service to attempt to access or otherwise interfere with the accounts or content contained in the accounts of any other user of the Site or Service.

2.5 Impermissible Activity. If you encounter any prohibited content, material or other potential violations on the Services, you should be immediately report such content or violations to support@snapone.com. We may also suspend and prohibit future use of the Services if we believe a user is violating these Terms of Service or otherwise engaging in or attempting to engage in unlawful activities through the Services.

3.0 Requirements for use of Sites or Services; Limitations

3.1 Compatibility. Use of the Sites or Services may require compatible devices (personal computer, mobile phone, tablets and other consumer electronic devices), Internet access or Wi-Fi, certain software and wireless plan with necessary wireless data features; may require periodic updates; and may be affected by the performance of these factors. Your use of mobile device features may result in increased charges from your wireless carrier.

3.2 Registration. Use of the Sites or Services may require you to register. You may establish a free account ("Free Account"), or a paid account ("Paid Account").

(a) If registration is requested, you agree to provide us with accurate, complete registration information. Each registration is for a single user only. It is prohibited for you to permit (a) any other person to use the registered sections under your name, or (b) access through a single name to multiple users on a network.

(b) If there are any changes to that information or if you believe there has been unauthorized use of your account, then you shall immediately notify us by emailing support@snapone.com.

(c) We expressly disclaim any and all liability in connection with the registration, maintenance and security of your registration.

3.3 Availability of the Sites or Services. Snap One does not guarantee availability of the Sites or Services, shall not have any liability to you for any unavailability of the Sites or Services, and is under no obligation to provide you with maintenance, technical support or updates for the Sites or Services unless provided in conjunction with your plan type.

3.4 User Limits. You acknowledge and agree that Snap One may, at its option, establish limits concerning Sync Files, including, without limitation, the maximum number of days that Sync Files will remain available via the Services or on the Sites, the maximum size of any Files that may be stored on or uploaded to the Sites or Services and the maximum disk space that may be allotted to you for the storage of Sync Files on Snap One's servers.

3.5 Site and Services Updates. Snap One reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Sites or Services at any time. We may add or remove functionalities or features, and we may suspend or stop the Sites or Services altogether.

3.6 Third-Party Access. You may gain access to other websites via links on the Services or Sites; however, these Terms of Service do not apply to other websites. Similarly, if you come to the Services or Sites via a link from another website, the terms of use of that website do not apply to the Services or Sites.

4.0 PAID SUBSCRIPTIONS: Account Features; Billing Policies; Refund and Cancellation Procedures

The following provisions are applicable to paid subscriptions only.

4.1 Subscription Fees; Upgrades; Promotions

(a) The fees applicable for the Sites or Services ("Fees") are available at the Sites or Services, and, are inclusive of the allotted storage space for the selected Sites or Services. You are responsible for any taxes and all other charges (i.e., data charges and currency exchange settlements).

(b) Snap One reserves the right to change the Fees in its sole discretion.

(c) In addition to any Fees, you may incur additional charges for using the Sites or Services, such as charges for Internet Access, data roaming, and other transmission charges.

(d) Subscription Storage Upgrades: Snap One offers the option of increasing your account storage space, regardless of your plan type (Paid User or Free User). If you choose to upgrade, Snap One will automatically charge your credit card for the upgrade fee based on the selected Subscription Price and Period. If you choose to upgrade while on a Free Trial Period (i.e. a Free User), you acknowledge waiving your rights to the Free Trial. Upgrading within a Free Trial Period (Trial Period has not expired) automatically classifies you as a Paid User. You acknowledge that the amount billed each Subscription Period may vary for reasons that include, different amounts due to promotional offers, different amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts.

4.2 Subscription Period. The subscription period for Paid Accounts may be weekly, monthly, quarterly, semi-annual, annual, or other duration as described in the account features for your account ("Subscription Period").

You may only change your current Subscription Period to a longer Subscription Period. If you change your current Subscription Period to a new Subscription Period, then we will apply the unused portion of your old Subscription Fee to the cost of your new Subscription Period.

4.3 Credit Card Authorization. By providing Snap One with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Snap One to charge you for the services using your payment method; and (iii) authorize Snap One to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you or place a hold on your account (e.g. a pending authorization hold) up to the amount you've approved. You agree that your payment constitutes consent under the Child On-Line Privacy Protection Act with regard to Snap One's use of any information that you provide or that Snap One detects regarding your usage of the Sites or Services.

IF YOU HAVE PROVIDED YOUR CREDIT CARD INFORMATION UPON INITIAL ACCOUNT SETUP, YOU MUST CANCEL THE ACCOUNT, OR DOWNGRADE TO A FREE ACCOUNT, BEFORE THE END OF THE FREE TRIAL TO AVOID BEING CHARGED. IF YOU HAVE NOT PROVIDED YOUR CREDIT CARD INFORMATION UPON INITIAL SETUP, THEN YOU MUST PROVIDE IT AND PURCHASE THE PAID ACCOUNT PRIOR TO THE END OF ANY FREE TRIAL WITH FIXED DURATION OR YOUR ACCOUNT WILL BE TERMINATED AT THE END OF THE FREE PERIOD.

4.4 Negative Billing Option : The accounts shall automatically renew for the same Subscription Period, unless you cancel the account (or for a Paid Account, you downgrade to a Free Account) by the end of the current Subscription Period. The accounts will be renewed and charged based on the initial date of the account activation.

4.5 Cancellations and Terminations

(a) Cancellations may be made online or by contacting customer care via phone at 1 (877) 343-3502, or via email at support@snapone.com. Your cancellation must be received by end of business (5:00 p.m. Eastern Standard Time) to be effective as of that day. (i) If your subscription is billed annually or quarterly: If you cancel within 30 days of your order, you may request a full refund of the subscription price you have paid. If you cancel an annual subscription after 30 days but before 6 months, or a quarterly subscription after 30 days but before 2 months, you may request a refund of your subscription price less the cost of the months of service you have received. (ii) If you have chosen monthly billing, you may request a refund of the current month's subscription price.

(b) If you cancel your subscription but are not eligible for a refund, you will retain access to the Site or Services until your subscription expires.

(c) If any fee is not paid when due, Snap One reserves the right to terminate your use of the Sites or Services.

(d) Refund Process. Your refund for a return will be made through the original payment method (credit, debit, check, etc.) and may take up to three days if payment was via credit card or up to two months if payment was billed to your mobile account. Credit is posted back to the original mode of payment. After the return has been credited to your account, your bank may take more time to post it on your account.

5.0 FREE ACCOUNTS: Account Features and Cancellation Procedures

The following provisions are applicable to Free Accounts only.

5.1 Limitations, Subscription Periods and Upgrades

(a) Snap One reserves the right to change the limitations inherent in Free Accounts in its sole discretion. Free Accounts may include limitations of time, storage provided, or product capabilities, compared to a Paid Subscription.

(b) Subscription Storage Upgrades: Snap One offers the option of increasing your account storage space, by upgrading your plan to become a Paid User. If you choose to upgrade, Snap One will require you to enter your credit card for the upgrade fee. If you choose to upgrade while on a Free Trial Period, you acknowledge waiving your rights to the Free Trial.

5.2 Subscription Period. For Free User accounts, the Subscription Period is subject to the sole discretion of Snap One and Snap One may terminate a Free User account at any time and without any notice.

5.3 Free Trials. Certain Sites or Services may have a free trial period, if offered by Snap One, during which time the Sites or Services can be used without charge (a "Free Trial"). If you are participating in a Free Trial with a fixed duration, you will need to provide Snap One with a payment method (e.g. credit card information) prior to the end of the Free Trial if you wish to continue using the Sites or Services.

5.4 Free Versions. Certain versions of Sites or Services, if offered by Snap One, may offer a subset of capabilities that can be used without charge (a "Free Version"). If you are utilizing a Free Version, you will need to provide Snap One with a payment method (e.g. credit card information) prior to gaining access to the full capabilities of the Snap One product suite.

5.5 Cancellations and Terminations. Cancellations may be made online or by contacting customer care via phone at 1 (877) 343-3502, or via email at support@snapone.com. Your cancellation must be received by end of business (5:00 p.m. Eastern Standard Time) to be effective as of that day. You may cancel a free trial at any time during the free trial period and incur no charge.

6.0 Storage, File Sync, Suspension and Termination of Customer's Use of the Sites or Services

6.1 Content Storage. By using or accessing the Sites or Services, you understand and consent to the storage and processing of the Content and any other personal information in the United States. Snap One reserves the right to store and process personal information outside of the United States.

6.2 File Sync, Storage. Certain Sites or Services may allow you to select the Files you want to sync and/or store. In order to make the Sites or Services available to you, you hereby grant to Snap One a license: (I) to use, copy, transmit, distribute, store and cache Files that you choose to sync and/or store; and (II) to copy, transmit, publish, and distribute to others the Files as you designate, whether through the sharing or public linking features of the Sites or Services, in each case solely to provide the Service to you.

6.3 Temporary Suspension. We may suspend your access to or use of the Sites or Services for: (a) the actual or suspected violation of these Terms; (b) the use of the Sites or Services in a manner that may cause Snap One to have legal liability or disrupt other's use of the Sites or Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive bandwidth; or (f) unplanned technical problems and outages. We also reserve the right, to temporarily suspend your access to the Sites or Services at any time, in our sole discretion, with or without cause, and with or without notice.

6.4 Free Accounts Termination. We, in our discretion, may terminate your free account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a Registered User, or (b) you do not engage in any activity in your account for any period of ninety (90) consecutive days. In the event of such termination, any Content you may have stored will be lost.

6.5 Access Rights Upon Termination of Paid Accounts. Upon termination of a paid account by Snap One for reasons other than cause, you may request that your Content be retrieved. You must make such request within thirty (30) days following termination. Snap One shall have no obligation to maintain any Content you have stored with the Sites or Services after 30 days. YOU HEREBY WAIVE ANY CLAIM YOU HAVE OR COULD HAVE ARISING FROM LOSS OF DATA AS A RESULT OF NOT PROPERLY NOTIFYING SNAP ONE OF YOUR DESIRE TO RECOVER THE CONTENT.

7.0 Confidentiality and Privacy Policy

7.1 Confidentiality. We will not disclose your Files to anyone unless you instruct us to do so or a court orders us to disclose them, as provided in our Privacy Policy. However, you hereby consent to our disclosure of the data to any governmental agency pursuant to court order or other legal obligation.

7.2 Privacy Policy. Snap One takes your privacy seriously. We understand and respect your privacy concerns and have created a privacy policy to inform you about the kind of information we may collect and the ways we may use it. You can view our Privacy Policy by clicking http://www.snapone.com/terms/privacy.php.

8.0 Indemnification; No Warranty; Limitation of Liability

8.1 Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Services. You agree to indemnify, defend and hold harmless Snap One and its affiliates from any third party claim, action, demand, loss or damages (including attorney's fees and costs) arising out of or relating to (a) your violation of any term of these Terms of Service, (b) your use of or access to the Services or the content, (c) the User Submissions, User Files or Content that you upload to or download from the Sites or Service (d) any improper, unauthorized or illegal uses of your profile, and (e) your violation of any rights of a third party, including without limitation any property or privacy right.

8.2. Responsibility of User; Costs of Retrieval. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Sites or Services. Without limiting the foregoing, you will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of your use of the Sites, Services, Sync Files and/or Digital Content.

8.3 Warranty Disclaimer. Disclaimer. You acknowledge that Snap One does not have any obligation to monitor the Sites or Services, User Files, Content, or User Posts for any purpose, but has the right to do so for the purpose of operating the Sites or Services, to ensure user's compliance with These Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Notwithstanding, Snap One is not responsible for the accuracy, completeness, appropriateness, legality or applicability of User Files, Content, or User Posts, or anything said, depicted or written by users in their User Posts, including without limitation, any information obtained by using the Sites or Services. Snap One does not endorse anything contained in User Files, Content, or User Posts or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Snap One with respect thereto.

8.4 "AS IS" Basis. THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS AND "AS AVAILABLE" BASIS. SNAP ONE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, SNAP ONE SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) THE ACTIONS OF ANY THIRD PARTY, (B) THE UNAVAILABILITY OF THE SERVICES OR ANY LOSS OF DATA, (C) YOUR USE OF THE SERVICES OR THE CONTENT, (D) ANY USER SUBMISSIONS, AND (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES OR THE CONTENT, and (E) YOUR USE OF ANY THIRD-PARTY SERVICES SUCH AS WEBSITES, MOBILE WEBSITES, LINKS, ETC. DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE SERVICES.

THE SNAP SECURE MOBILE SOFTWARE APPLICATION DOES NOT GUARANTEE THE FUNCTIONALITY, SECURITY, OR AVAILABILITY OF ANY OF ITS FEATURES, INCLUDING, WITHOUT LIMITATION, THE LOCATION ACCURACY PROVIDED VIA A-GPS AND/OR GPS, THE REMOTE DATA WIPE, THE PANIC BUTTON FEATURE, AND ANY OTHER CURRENT OR FUTURE FEATURE THAT MAY BE INTRODUCED.

WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE IN A PARTICULAR CIRCUMSTANCE, THEN SNAP ONE SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.

8.5 Limitation of Liability. SNAP ONE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, SNAP ONE'S DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT OR $100.00, WHICHEVER IS LESS.

9.0 Digital Millennium Copyright Act (DMCA)

9.1 DMCA Complaint Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through our Website, please notify our copyright agent, in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

· An electronic or physical signature of a person authorized to act on behalf of the copyright owner of the copyrighted works allegedly infringed;

· Specific identification of the copyrighted work (or a list of works) that you claim has been infringed;

· Specific identification of the material that is claimed to be infringing and its manner of infringement and where it is located on the Site or Service;

· Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;

· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

· A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

9.2 DMCA Agent. The above information must be submitted to the following DMCA Agent:

Name: Legal Counsel
c/o Jiren Parikh
SnapOne, Inc.
3490 US Highway 1 North, Bldg. 16
Princeton NJ, 08540
legal@snapone.com
+1 609.720.1900

10.0 Intellectual Property Rights.

10.1. Snap One Rights. Snap One shall retain ownership in and to the Sites and Services and all copyrights, trademarks, service marks and other intellectual property rights associated therewith. You shall not take any action that is inconsistent with our ownership of the Sites or Services. You further acknowledge and agree that nothing in this Agreement and no use of the Sites or Services shall cause to vest or be construed to vest in you, any right, title or interest in or to the Services other than the express right to use the Services solely in accordance with the terms and conditions of this Agreement.

10.2 User Submissions. You may post materials, content, feedback or other information on various portions of the Services, including, without limitation, personal information, graphics, photographs, images, opinions, comments and questions (collectively, a "User Submission"), subject to the following conditions:

(a) You hereby acknowledge and agree that User Submissions shall not be treated as confidential information, that all such User Submissions are publicly available to any viewer of the Services, and that you shall be solely responsible for any and all liability, direct and indirect, relating to or arising from the posting of any User Submissions.

(b) By submitting User Submissions for publication on the Services, you irrevocably grant us a non-exclusive, fully paid-up, royalty-free, worldwide, perpetual right and license to use, copy, modify, adapt, publish, translate and distribute such User Submissions, in whole or in part, and/or to incorporate them in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Submissions, and to sublicense such rights through multiple tiers of sublicensees, and you represent and warrant that, if you are not the owner of such User Submissions, that the owner of such User Submissions has expressly granted you the right to grant the foregoing license to User Submissions.

(c) We will not pre-screen or have an obligation to monitor, for example, User Submissions for any purpose including whether any User Submissions violate the intellectual property rights of others, including any copyrights, rights of privacy or rights of publicity. The inclusion of User Submissions on the Services does not imply any endorsement or sponsorship by Snap One of the User Submissions, and we make no warranties, express or implied, as to the accuracy and reliability of such User Submissions.

11.0 Miscellaneous

11.1 Governing Law. This Agreement is governed by the laws of the State of New Jersey, U.S.A., without regard to the conflicts of laws principles thereof that would apply the substantive laws of any other state.

11.2 Entire Agreement. This Agreement (including the Privacy Policy) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes any and all other prior written or oral agreements between Snap One and you regarding such subject matter.

11.3 Severability. If any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall be ineffective in that jurisdiction and the remaining provisions of this Agreement shall continue in full force and effect.

11.4 No Construction Against Drafter. The terms of this Agreement shall not be construed against Snap One by virtue of its having drafted them.

11.5 Survival. In the event of the termination of this Agreement, any obligation of yours which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of Snap One's rights, including the limitations on use of the site or services and the right to be indemnified under this Agreement, shall survive any termination of this Agreement.

11.6 No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on any third party any benefit or any right.

11.7 Shortened Statute of Limitations. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES, OR THE SUBJECT MATTER OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

11.8 No Assignments or Transfers. You may not assign this Agreement or your rights and obligations hereunder.

07/08/13

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SITES OR SERVICES.

Our Commitment to Privacy

We understand and respect the privacy concerns of our users. Therefore, we have made it a critical focus to protect the confidentiality and security of the personal information you provide us.

This Privacy Policy discloses the privacy practices of SnapOne, Inc. and its affiliates and subsidiaries, www.snapone.com, www.snapmylife.com, www.mysnapsecure.com, www.getsnapsecure.com, www.mysnapsync.com, www.getsnapsync.com, (collectively "Snap One", "we", "us", or "our" ) and governs the use of the Snap One Website, or other Snap One products and services (collectively, the "Services")by users of the Services ("you" or "your" ). We have created this Privacy Policy to inform you about what information we collect, how we use and share your information, and our privacy practices.

The Information We Collect

We may collect two types of information: Personally Identifiable Information ("PII") and Non-Personally Identifiable Information ("Non-PII").

PII is information that identifies a specific user of the Services and is provided by the user. When you engage in certain activities on the Services, such as when you register to use the Services, we may ask you to provide certain information about yourself that we will collect and store. Depending on what activity you are engaged in, some of the information that we request will be identified as mandatory or as voluntary. If you do not provide the mandatory information for a particular activity, you will not be permitted to engage in that activity. You do not have to engage in the activities in which we ask you to provide such information. But if you choose to do so, we may ask you to provide information, such as your first and last name, gender, email address or date of birth.

Our applications do not enable GPS location automatically, however, PII may also include user location information if your device provides GPS/location services, you use location-enabled Services, and you turn those features on to benefit from our applications functionalities. This information may reveal your actual location, including GPS data.

Non-PII is information that identifies your computer and its navigational patterns through the Services (but not a specific user). We may automatically collect Non-PII information when you visit the Services, through the use of a variety of tools including cookies (small text files that are stored on a user's computer for record-keeping purposes and which contain information about that user's computer), or other available data analysis or collection technologies.

How We Use and Share Information

We use the information we collect to (a) provide, maintain, and protect the Services, including location-based services, that rely on, use or incorporate the location of a device to provide or enhance the service; (b) notify you of promotions, special events, new services and special offers, for example, through e-mails; (c) tailor our product offerings, customer service and overall experience; (d) improve the content, operation, appearance and utility of the Services; (e) conduct surveys, research and evaluations; (f) troubleshoot and resolve disputes; (g) gather demographic data and (h) accomplish other administrative tasks.

If you decide that you are no longer interested in receiving email communications from us, you may follow the instructions in our emails to unsubscribe from our email list or by emailing us at support@snapone.com.

We may share your information collected on the Services with our subsidiaries and other affiliated companies, and with other trusted vendors and business partners. Such business partners include companies who provide business services to us or on our behalf, such as to market products or services to you, monitor Services activity, serve Services content, help to maintain our customer database, administer e-mails, surveys or other contests, and fulfill orders [if applicable]

We also reserve the right to disclose your information in good faith as required by law, in response to legal process including law enforcement requests, and with any person or entity that may acquire all or any part of our business or assets, in connection with any change in control of us, and where needed to prevent fraud and to protect the safety, property, or legal rights of users of the Services or our affiliates.

Unsubscribe, Opt Out or Revoke

You may revoke consent at any time for any use of PII, including user location information, collected from you under this Privacy Policy. To revoke consent, indicate by emailing us at support@snapone.com with the word "revoke Personal Information" in the subject line.

Privacy Policies of Third Parties

This Privacy Policy only addresses the Services offered by us. Other websites or services, such as those websites we provide links to, websites or services you may have clicked-on that directed you to the Services or websites that may be accessible to you through the Services, have their own privacy policies regarding data collection, use and disclosure practices. If you visit any such website, we encourage you to review that website or service's privacy policy. We are not responsible for the policies or practices of third parties.

Editing and Requesting Your Information

We will permit you to change your profile settings. Even after you remove your information from your profile, copies of your information may remain viewable elsewhere to the extent it has been shared with others or it was copied or stored by other users. We may also be required to retain your information by law or for legitimate business purposes, such as to prevent identity theft or other misconduct.

We will permit you to request a copy of your PII that we have collected about you by emailing us at support@snapone.com. You can also correct factual inaccuracies in this information by emailing us at support@snapone.com.

Storage and Security

We will retain PII, including user location information, only as long as our business needs require. We will then destroy or render unreadable any such information upon disposal.

We believe the security of your information is a serious issue and we are committed to protecting the information we receive from you. We use commercially reasonable security measures to protect against the loss, misuse and alteration of your information under our control. Notwithstanding such measures, please be aware that no security measures are perfect or 100% secure, and we cannot guarantee the security of any information transmitted to or from the Services. We also are not responsible for the actions of any third parties that may receive any such information.

European Union

We comply with the U.S. – E.U. Safe Harbor framework and the U.S. – Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of data from the European Union and Switzerland, respectively.  Information regarding both the E.U. and Swiss Safe Harbor Frameworks can be found at: export.gov/safeharbor.

Minors and Privacy Issues

We do not collect or maintain information from anyone known by us to be under the age of 13. No part of the Services is designed to attract anyone under the age of 18. Children under the age of 18 may only use the Services under the supervision and direction of a parent or legal guardian. Such parent or legal guardian covenants and agrees to cause said minor to adhere to all of the provisions of this Privacy Policy and shall indemnify Snap One and our respective successors and assigns, from and against any and all liability arising out of the use by said minor under his or her supervision and direction. If you are a parent or guardian and believe that your child under the age of 13 have provided personal information to us, you may contact us to request this information be deleted.

Changes to Privacy Policy

We may change this Privacy Policy at any time. The revised Privacy Policy will be effective immediately when posted on the Services. It is the responsibility of each user to review the Services and the Privacy Policy to learn of any revisions to this Privacy Policy. Your continued use of the Services after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Privacy Policy. If a change would authorize the use of your PII for a new or materially different purpose, then we will send you an email notification.

Contact Information

If you have any comments or questions regarding our Privacy Policy, or to report abuse of any PII collected under this Privacy Policy, please email us at support@snapone.com with the word "Privacy Policy" in the subject line, or contact us at SnapOne, Inc., 3490 US Highway 1, Building 16, Princeton, NJ 08540. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.

07/08/13

In addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply to our mobile applications.

Our Mobile Applications

SnapOne, Inc.'s portfolio of mobile applications includes: Snap Secure, a comprehensive mobile security suite designed to protect consumers and their families from a broad range of security and privacy threats; Snap Play, which allows consumers to sync, stream and share their entire music and video collection from their home computer and iTunes with their mobile devices; Snap Sync, which keeps all important digital content securely synced and backed-up to the cloud, and accessible from many internet-enabled devices; and Snap for Mobile, a user-generated content utility for feature phones that turns a basic phone into a smartphone for managing photos.

Mobile Services Terms of Use for the U.K. Market –

This section describes additional helpful information for the Snap One Services and its availability on wireless carriers in the U.K. through Bango.net Limited. For other countries and operators, please skip to the sections below.

Available Services: Snap Secure, Snap Sync, Snap for Mobile, Snap Play.

Available Carriers: The Services are available on O2, Orange, Three, T-Mobile, Virgin and Vodafone.

How to Opt-In: To opt-in and subscribe to our Services, you may respond to a call-to-action in the form of a mobile advertising banner, or by downloading from a number or independent application stores, and you will automatically be guided through the process to opt-in to the service.

How to Opt-Out: To opt-out from our subscription service, text "STOP" to 60550 and you will be unsubscribed from the service immediately. We will send you an SMS confirming that you have been unsubscribed and you will not receive any additional messages unless you re-register for the service.

How to get help or support: To get help, email us at support@snapone.com, or call our toll free number at +44 0 8081 2306. From your mobile phone, you can request our contact information at any time by texting "HELP" to 60550 or by visiting http://bango.net

Fees: Message and data rates may apply. These charges depend upon the terms of your individual mobile service plan. The subscription can be started any day during the month and will be renewed automatically every 30 days. To end your subscription, you may text "STOP" to 60550 at any time, or email us at support@snapone.com.

Privacy Policy: You can view our Privacy Policy by clicking here.

Mobile Services Terms of Use for T-Mobile® in the USA.

This section describes additional helpful information for T-Mobile® in the USA. For other operators, and for additional Terms of Use pertaining to T-Mobile® in the USA, please skip to the sections below.

Snap Secure is a premium mobile subscription service delivered as an application to your mobile phone. Features include Backup & Restore, Anti-Malware & Anti-Spam, Privacy Manager, Anti-Theft & Location Tracking, and other data security and identity protection services. Once you download the application, you will receive a confirming SMS, and a maximum of 8SMS text messages per month – thereafter.

Available Carriers: The service is available on T-Mobile®, Verizon Wireless, AT&T and Sprint, but this section only pertains to T-Mobile customers.

How to Opt-In: To opt-in and subscribe to our service, you may download the application from our website www.mysnapsecure.com, www.mysnapsync.com, www.getsnapsecure.com, www.getsnapsync.com (or other related websites as advertised by Snap One), or from a number or independent application stores, and you will automatically be guided through the process to opt-in to the service.

How to Opt-Out: To opt-out of our SMS service, text "STOP" to 85555 and you will be unsubscribed from the service immediately. We will not send you any additional messages unless you re-register for the service.

How to get help or support: To get help, call our toll free number at (877) 343-3502, or email us at support@snapone.com. From your mobile phone, you can request our contact information at any time by texting "HELP" to 85555.

Fees: Message and data rates may apply. These charges depend upon the terms of your individual mobile service plan. The basic version of the Snap Secure application, which includes Virus & Malware protection only, can be downloaded and used at no charge. The full-feature premium version of the Snap Secure application is a subscription billed to your mobile phone bill at $5.99 per month. The subscription can be started any day during the month and will be renewed automatically every 30 days. To end your subscription, you may text "STOP" to our short code 85555 at any time, or email us at support@snapone.com. Snap Secure charges will appear on your mobile phone bill as a charge from "85555_Snap_Secure."

Privacy Policy: You can view our Privacy Policy by clicking here.

Mobile Services Terms of Use for other Wireless Carriers

SnapOne, Inc.'s portfolio of mobile applications may be available on the following countries/wireless carriers:

United States: AT&T Wireless, Verizon Wireless, Sprint, T-Mobile
Canada: Bell, Rogers, Telus, Virgin
Spain: Telefonica/Movistar, Vodafone
UK: Telefonica/O2, Vodafone, Three, Everything/Everywhere
Italy: TIM, Vodafone, Wind, Three

Purchase or Payments

The Available Wireless Carriers provide you the opportunity to purchase various Snap One mobile applications as a subscription service. The price of the subscription service of any mobile application purchased through the Available Wireless Carriers will be the price specified at the time of your purchase. Prices of the subscription for all our mobile applications exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.

Billing Information

Via Wireless Carrier. Your purchase of any of Snap One's mobile applications via the Available Wireless Carriers constitutes your acknowledgement that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the involvement of a parent or legal guardian, and that you are not a person barred from using or receiving the mobile applications by any local, state, federal or international law. You agree to pay all subscription fees for Snap One products and understand that those subscription fees will be added to your Wireless Carrier's phone bill and your balance.

Via Credit Card. You may also use a credit card to pay for your subscription(s). If you provide credit card information to Snap One, you represent that you are the authorized user of the credit card that is used to pay the subscription or other fees. Each billing period that you use the mobile applications, you agree and reaffirm that Snap One is authorized to charge your credit card for the subscription fee. You agree to promptly notify Snap One of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Snap One if your credit card expires or is cancelled for any reason. Snap One has the right at any time to change any fees associated for the use of the mobile applications, provided that it affords you with commercially reasonable notice of such change.

Fees

Messaging and data rates billed by your Wireless Carrier may apply, depending on the terms of your individual mobile service plan. These charges, including the subscription fee for the use of our mobile applications, are billed to your mobile phone bill and will be added to your balance. To end your subscription, please refer to the "How to Opt-Out" section on this document.

Purchaser Errors

Snap One mobile applications can be selected as downloadable software from the Available Wireless Carriers or Third-Party Mobile Application Stores. Snap One assumes no liability for purchaser error, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item 30 days after the purchase date for any reason. Snap One shall not be liable for any errors on billing statements issued to you by your Wireless Carrier. You accept full responsibility for confirming that the phone or other device manufacturer, phone or other device model, and carrier are supported and that the phone or other device is compatible to the mobile applications purchased, downloaded or otherwise obtained by you through the Available Wireless Carriers, from our website www.mysnapsecure.com, www.mysnapsync.com, www.getsnapsecure.com, www.getsnapsync.com, or other related websites as advertised by Snap One. Although Snap One will make commercially reasonable efforts to help you obtain the proper software for your telephone, device or platform, Snap One shall not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any of our mobile applications available through the Available Wireless Carriers, from our website www.mysnapsecure.com, www.mysnapsync.com, www.getsnapsecure.com, www.getsnapsync.com, or other related websites as advertised by Snap One, please contact the Snap One support team at support@snapone.com. In no event shall Snap One be liable for any defects or other problems associated with downloads or purchases through the Available Wireless Carriers, from our website www.mysnapsecure.com, www.mysnapsync.com, www.getsnapsecure.com, www.getsnapsync.com, or other related websites as advertised by Snap One after a period of ninety (30) calendar days has expired from the date of such download or purchase, as applicable. We accept ABSOLUTELY NO RETURNS on software downloads. Please read the system requirements very carefully before making any purchases.

How to Opt-In

Depending on the mobile application, the current marketing offer and the commercially available billing and subscription methods within the Available Wireless Carriers, from our website www.mysnapsecure.com, www.mysnapsync.com, www.getsnapsecure.com, www.getsnapsync.com, or other related websites as advertised by Snap One users can opt-in via any of the following methods (Message and Data Rates may apply):

(1) SMS Text Message to a Designated 4 or 5 digit short-code:
  1. a. The text message can be a specific "keyword" prior written approval from the Available Wireless Carriers. This keyword is indicated during the marketing offer and requires Wireless Carrier approval.
  2. b. The designated 4 or 5 digit short-code may or may not be assigned by the Available Wireless Carriers. In any case, this short-code is indicated during the marketing offer and requires Wireless Carrier approval.
  3. c. From the moment user initiates the process by texting the appropriate "keyword" to the designated short-code, user is guided throughout the process up to the attempt to purchase or subscription.
(2) Mobile Web/WAP Page Offer:
  1. a. Upon responding to a call-to-action (App Store Banner Ad, In-App Banner Ad or any other form of mobile advertising), user is presented with a mobile web / wap page-specific marketing offer.
  2. b. This marketing offer includes but is not limited to the following marketing assets:
    1. i. Application or Service Name
    2. ii. Application or Service Description
    3. iii. Application or Service Logo/Icon
    4. iv. Application or Service Developer or Marketing Agent/Representative
    5. v. Application or Service Support Information
    6. vi. Application or Service applicable Terms of Service and Privacy Policy
  3. c. User selects the appropriate opt-in button (buy, subscribe and/or download).
  4. d. Depending on the Available Wireless Carrier's Direct-to-Consumer Marketing Guidelines, a Double Opt-In process might be required. In such cases, and after user selects the appropriate "first" opt-in button, Snap One introduces the following subsequent mobile web / wap pages:
    1. i. Confirmation Page: a confirmation page reminds the user about the transaction he/she is about to complete, indicating the name of the Application or Service and the corresponding fees.
    2. ii. Transaction Acknowledgement/Download Link: this page serves as a receipt for the subscription just completed and provides additional information for handling cancels, refunds or general customer questions.
(3) Website Offer:
  1. a. User is presented with an offer from a call-to-action (TV Ad, Web Ad or any other form of call-to-action advertising).
  2. b. If offer is for a web-specific product or service:
    1. i. User fills out the appropriate registration form.
    2. ii. Snap One sends user a confirmation email.
    3. iii. User responds by clicking on confirmation email (if required).
  3. c. If offer is a mobile-specific product or service:
    1. i. User fills out the appropriate registration form.
    2. ii. Snap One sends user a confirmation email or SMS text message (whichever option is deemed more appropriate for the current offer provided that the Available Wireless Carriers approves it)
    3. iii. If a confirmation email is required:
      1. 1. User responds by clicking on confirmation email (if required)
    4. iv. If SMS text message:
      1. 1. Snap One provides user with a 4/5 digit PIN Code in the body of the text message.
      2. 2. User goes back to designated Website and enters 4/5 digit PIN Code.
      3. 3. User then follows process to complete purchase, subscription or registration.
(4) Dialing an advertised Toll-Free Number
  1. a. User is presented with an offer from a call-to-action (TV Ad, Web Ad or any other form of call-to-action advertising).
  2. b. This call-to-action indicates the "dial-in" number for the marketing offer.
  3. c. User dials the advertised number from his/her landline or mobile phone.
  4. d. After dialing, Snap One can present one of two different options to complete the opt-in process:
    1. i. Via an IVR Prompt or Call Center Agent Flow, which guides the user through the necessary steps to buy or subscribe to the Services.
    2. ii. Via a SMS Message, which will send user a text message with a 4/5 digit PIN Code that he/she needs to enter on their mobile phone or website (whichever is designated for the marketing offer) to complete the purchase or opt-in process.

How to Opt-Out

Depending on the mobile application, the current marketing offer and the commercially available billing and subscription methods within the Available Carriers, from our website www.mysnapsecure.com, www.mysnapsync.com, www.getsnapsecure.com, www.getsnapsync.com, or other related websites as advertised by Snap One users can opt-out via any of the following methods (Message and Data Rates may apply):

  1. a) By calling our toll free number 1 (877) 343-3502 or emailing us at support@snapone.com:
  2. A Snap One customer representative will guide user through the necessary steps to opt-out. User is required to provide the mobile phone number from which the Service was opted-in, the wireless carrier to which the number belongs, and other required information to complete the opt-out process.
  3. b) By selecting the appropriate cancel button from within a mobile application or service.
  4. This option may or may not be available on the mobile application or service and the availability for this option is based on the Available Carrier's agreement with Snap One. Upon selecting the appropriate cancel button, the Service is automatically cancelled without requiring further user intervention.
  5. c) By calling Snap One's available hotline or direct customer care number.
  6. A Snap One customer representative will guide user the through the necessary steps to opt-out. User is required to provide the mobile phone number from which the Service was opted-in, the wireless carrier to which the number belongs, and other required information to complete the opt-out process.
  7. d) By texting "STOP" to the appropriate or designated 4/5 digit short-code associated with marketing offer. Upon submission of the text message, the Service is automatically cancelled without requiring further user intervention and you will not be charged for the next billing cycle, however, there will be no refunds for the remaining, unused portion of the current billing cycle.

How to Get Help or Support

Depending on the mobile application, the current marketing offer and the commercially available billing and subscription methods within the Available Wireless Carriers, from our website www.mysnapsecure.com, www.mysnapsync.com, www.getsnapsecure.com, www.getsnapsync.com, or other related websites as advertised by Snap One users can request HELP or Support via any of the following methods (Message and Data Rates may apply):

  1. a) By calling our toll free number 1 (877) 343-3505, or emailing us at support@snapone.com:
  2. A Snap One customer representative will contact user and provide the necessary information to answer and help the user to the best of his/her abilities.
  3. b) By calling Snap One's available hotline or direct customer care number.
  4. A Snap One customer representative will contact user and provide the necessary information to answer and help the user to the best of his/her abilities.
  5. c) By texting "HELP" to the designated 4/5 digit short-code associated with the marketing offer. Snap One will send user a text message indicating the information listed above. By using our services you expressly consent to receipt of text messages from us to relating to user support including cancellation of service.

SMS Terms of Service

Text STOP to 85555 to opt out. Text HELP to 85555 for support. Msg&Data Rates May Apply. Participating Carriers include: Alltel, AT&T, MetroPCS, Cricket, T-Mobile, U.S. Cellular, Sprint, Nextel, Boost, Virgin Mobile and Verizon Wireless. For customer support please call 1-877-343-3502, email support@snapone.com or visit http://support.snapone.com.

07/08/13