US Iris Terms of Service

Welcome to the Generali Global Assistance, Inc., dba Iris ® Powered by Generali, website (the "Site"). The Site refers to our Identity Theft Protection Services ("IDP") site, including the Identity Protection Portal ("IPP") and related products, and is provided only to assist customers in purchasing identity protection services, viewing their identity and credit information and related resources, and managing their account. The terms "we," "us," "our" and "Iris" refer to Generali Global Assistance, Inc., dba Iris ® Powered by Generali, a New York corporation, and our affiliates. The terms "you" "your" and "Member" refer to the Primary Member and any family plan member visiting the Site. A "Primary Member" means an individual person who has purchased IDP and is duly enrolled in compliance with the terms of enrollment. A Primary Member must be at least 18 years of age to purchase IDP and a citizen or legal resident of the United States of America.

The terms, conditions and guidelines associated with use of Identity Theft Protection Services, including related products (collectively, the "Products") are provided by Iris to you through a website operated by us or through any other site or platform through which the Products are provided. Terms of use of any content (collectively "Content") available on the Site are set forth in this Terms of Service Agreement ("TOS") and the Terms and Conditions of Iris Identity Protection Products ("Terms and Conditions"). Please read this TOS and the Terms and Conditions carefully before you use the Products or the Site. By using the Products or accessing the Site you agree to abide by the terms of this TOS and by the Terms and Conditions. We will update this TOS, The Terms and Conditions and/or the Privacy Policy as necessary and we will post the updated version on the Site.

1. Use of the Products

By registering for a Product, you agree that the information you provide during the registration process, and the information you provide from time to time while using the Products, will be true, accurate and current. It is a violation of federal criminal laws to knowingly or willfully obtain information from a consumer reporting agency under false pretenses. If Iris has any reason to suspect you have provided untrue, inaccurate or non-current information it may, in its sole discretion, terminate this Agreement (or suspend, terminate, or otherwise restrict your use of and access to the Site or any part(s) of the Products) at any time, without notice.

You agree not to: use the Products in any unlawful manner or in any manner that could damage, disable, overburden, or impair the Product or interfere with any other party's use and enjoyment of the Products; harvest or collect email addresses or other contact information of other users from the Products by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; interfere with or disrupt the Products or servers or networks connected to the Products; violate any terms which may be applicable for any particular area of the Products; violate any applicable local, state, national or international law, or any regulations having the force of law; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Products. Please also note that if Iris determines at any time that you have abused or violated any of these terms, conditions and guidelines, Iris reserves the right to terminate your access to the Site and Products immediately without notice.

2. Personal Information Privacy

Although no electronic security system is foolproof, we will endeavor to protect your personal information, including, but not limited to your First Name, Last Name, Address, Social Security number, Date of Birth, and other personally identifying information about you and other Members provided to Iris using methods that are consistent with industry best practices.

You authorize Iris to provide your personal information to its third party service providers and its partners (employers, affinity organizations, wholesalers, resellers and service organizations offering Products), to receive and use this information as Iris deems reasonably necessary in the course of performing Product enrollment, delivery, service and billing.

3. Warranty Disclaimer

Our Products are provided as tools for protecting your personal information and identity; however, the Products do not offer a guarantee of information and identity protection. Neither you nor your family should rely on the Products as the only tool or means of protecting your personal information and identity.

4. Credit Services Products

Certain Products may be contingent upon the receipt and use of your credit report. If your plan includes credit information, you will be advised of this requirement prior to enrollment for such Products. You acknowledge that by continuing to enroll in and order such Products, you are providing "written instructions" to obtain your credit report pursuant to the Fair Credit Reporting Act. Any person who knowingly and willfully obtains a consumer credit report or score/disclosure under false pretenses may face criminal prosecution. We do not directly report or provide your credit score to any third party; however, it may be used in accordance with our Privacy Policy and the terms, conditions, and policies of the credit reporting agencies involved.

5. Not a Credit Repair Organization or Contract

Iris is not a credit repair organization, or similarly regulated organization under other applicable law and does not provide any form of credit repair advice or counseling. Iris offers you access to your credit report and other credit-related information Products, but we do not offer, provide, or furnish any products, or any advice, counseling, or assistance, for the express or implied purpose of improving your credit record, credit history, or credit rating. By this we mean that we do not claim we can "clean up" or "improve" your credit record, credit history, or credit rating and you acknowledge and agree that you will not purchase, use, or access any of our Products or websites for such purposes. These items (credit record, history, and rating) are based on your past or historical credit behavior, and accurate and timely adverse credit information cannot be changed.

6. Transaction Monitoring Limitations

We cannot guarantee that the transaction monitoring features of our Products will identify all suspicious activity, or that suspicious activity will be timely identified or reported through the Products. You understand and agree that our monitoring of your personal information within our network and our use of certain proprietary technologies and database information are subject to certain inherent limitations, and not all potentially fraudulent transactions and/or uses of your personal information may be monitored or identified by us within the scope of our network.

7. Third Party Software

In the event that the Product you are procuring includes third party software, your use of third party software may be subject to the license terms associated with such third party software. Iris expressly disclaims any liability or responsibility with respect to any third party software.

8. Personal Information; Authorization

By using our Products you authorize us, as needed to provide Products to you, to obtain, monitor, and compile your: (i) credit information from one or more credit reporting agencies; (ii) "non-public personal information", "personal information", and/or "highly restricted personal information" about or concerning you as defined by the Gramm-Leach-Bliley Act (15 U.S.C. sec 6801 et seq); and (iii) other personal information. By placing your order you acknowledge and agree that your access to the Products and any consumer credit information contained therein is subject to your prior written authorization and reasonable efforts on our part to verify your identity. As such, you understand and agree that by submitting your order, you are providing "written instructions" in accordance with the Fair Credit Reporting Act ("FCRA") authorizing us to obtain credit information from the personal credit report maintained by one or more of the three nationwide credit reporting agencies and you authorize us to access your personal credit information in order to provide the Products.

9. Authentication

If we are unable to obtain the required Personal Information or you fail to authenticate your identity as may be required, the Products for which you have enrolled or registered from us may be limited. Some Products allow an adult family Member to receive identity alert information about their minor children. See the Terms and Conditions for detailed information.

10. Product Purchase and Activation

To activate the Products you have purchased requires that you complete the enrollment process and use the Product.

The Products are subject to fees as designated by Iris. In such event, you must pay all applicable fees, as described on the Site in order to use the Product. All fees are in U.S. dollars unless stated otherwise on the Site. All fees are payable upon demand on a Visa, MasterCard, American Express, Discover, Diners Club credit card, by Electronic Fund Transfer (EFT) through your bank account, or by such other method as authorized by Iris in writing. Iris reserves the right to change its fees (and to institute new charges) for the Product at any time.

By providing such payment information to us or permitting such to be provided on your behalf, you represent that you are authorized to request transactions using the payment method presented. You authorize and agree to make any required payments for the Product on a timely basis. In the case of any credit or debit card payment made by you, you authorize us to: (a) submit a transaction using the information provided to us; and (b) submit automatic recurring transactions, including those on a monthly or annual basis for membership renewals, which transactions may be based on automatic updates of credit card expiration dates and replacement credit cards.

You further acknowledge and agree that, subject to our then current Member authentication procedures, only the Primary Member may authorize changes to the account, including without limitation changes to the form of payment, or to the Product including termination of membership or changes that may result in additional charges. In all cases, the Primary Member is personally responsible for any applicable state, federal, or other taxes that may be associated with the purchase of the Product unless noted otherwise and we may collect all applicable sales taxes.

12.All Products Require Electronic Communication

Unless otherwise noted, our Products are internet-based and in order to access our Products you must have: an internet browser that supports 128-bit encryption; an email account and appropriate email software; a personal computer or a mobile device, operating system and connection to the internet capable of supporting the foregoing; and sufficient electronic storage capacity on your computer's hard drive or other data storage unit or a printer that is capable of printing from your browser and email software. You understand and agree that this Agreement will be entered into electronically, and that the following information ("Communications") will be provided by us to you by electronic means: this Agreement and any amendments, modifications or supplements to it; any initial, periodic or other disclosures or notices provided in connection with the Products, including without limitation our privacy policy, all regulatory disclosures, and all communications related to the Products. In furtherance of the foregoing, you expressly consent to receive all Communications regarding your membership electronically, either by e-mail or by notices posted on the Site and you agree that any requirement that a notice, disclosure, agreement, or other Communication be sent to you by us in writing is satisfied by such electronic Communication. In order to ensure your continuing access to your Product, you agree to update your email address on file whenever your email address changes. You further agree that we may send you productrelated announcements periodically. For instance, if our website is temporarily suspended for maintenance, we may send you an email. Generally, you may not opt-out of these Communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

13. Text Message Alert Service Terms and Conditions

As an IDP Member you are eligible to enroll in our Text Alert Service (the “Service”), which allows you to receive important alerts via text message sent to your cellphone concerning protection of your credit and identity. The messages will be sent on behalf of your Identity Theft Protection provider and may include alerts regarding suspicious activity about your identity, your credit file, monthly status or account related information.

To elect to receive text messages via our Text Alert Service, you first must enroll in the Service by following each of these steps:

1) Visit your Account Details page

2) Elect to receive SMS alerts

3) Verify your phone number

By authorizing us to send you text message alerts, you agree that in addition to alerts by text message, we may continue to send you alerts and other notifications via the email address or telephone number you provided to us or through a different method that you and we agree to in writing, until you notify us that you no longer wish to receive alerts by the method(s) you have chosen. You understand and acknowledge that the text message alerts that we send to you will not be encrypted. You should always take precautions to protect your email and any other devices you use to access or receive such alerts to safeguard against unauthorized access.

The number of text alerts we send you will vary and will depend on the kinds of alerts you elect to receive and the activity related to your account.

Text messaging rates may apply, including applicable roaming charges, depending on your cellphone provider’s plans and applicable fees, and you may be charged by your provider for text messaging and data plan fees. We do not guarantee that text messages we send will be received, or that they will be complete or timely. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGULATIONS, WE WILL NOT BE RESPONSIBLE FOR, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATED TO THE FAILURE OF ANY TEXT ALERT TO BE ACCURATELY TRANSMITTED, OR TO BE FULLY OR TIMELY DELIVERED TO YOU FOR ANY REASON WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT THE ACCURACY, COMPLETENESS AND DELIVERY OF TEXT MESSAGES MAY BE AFFECTED OR PREVENTED BY TECHNICAL ERRORS OR OTHER PROBLEMS THAT WE OR THIRD PARTIES MAY EXPERIENCE, OR ISSUES THAT RELATE TO YOUR CELLPHONE SERVICE ACCOUNT OR YOUR MOBILE DEVICE. WE WILL NOT BE RESPONSIBLE FOR ANY SUCH ERRORS, PROBLEMS OR ISSUES THAT INTERFERE IN ANY WAY WITH THE TEXT MESSAGE ALERTS.

14. Member Renewal and Cancellation

YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY UNTIL CANCELLED BY YOU OR US. THE RENEWAL FEE, MANNER OF RENEWAL PAYMENT AND MANNER OF TERMINATION MEMBERSHIP IS SET FORTH IN THE PRODUCT TERMS AND CONDITIONS AND IS SUBJECT TO CHANGE.

15. Use of the Site

All content found on this Site including graphics, logos, button icons, images, audio or video clips, applets, activities and programs, as well as the collection, arrangement, and assembly of all content on the Site - is the exclusive property of Iris and is protected by U.S. and international copyright laws. All copyright and other intellectual property rights in any material contained in the Site are either owned by Iris or has been licensed to Iris by the rights owners so that Iris can use this material as part of the Site. The Site contains trademarks, including the Iris name and logo, which belong to Iris or have been licensed to Iris by the trademark owner for use on the Site. You are only allowed to use this Site and the material contained in this Site (including any trademarks) as set out below. No right, title or interest in any permissible downloaded materials is transferred to you as a result of any such downloading. Iris reserves complete title and full intellectual property rights in any content downloaded from this Site.

You May:

Access any part of the Site that is non-password protected.

Access any part of the Site that is password protected if you have a login and password.

Print off pages for your own personal use only.

Client groups and Members who have purchased Identity Protection Services may enter the password protected portion of the site by using their particular username and password.

You May Not:

Copy (by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in the Site except as specifically permitted above.

Copy, distribute, sell, modify or otherwise use any material from the Site for any commercial purpose.

Remove or alter any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Site.

Alter or attempt to alter any content contained on the Site. Except as set forth above, no part of the Iris content or materials may be downloaded, reproduced, modified, distributed, transmitted, replicated or displayed in any form or by any means.

16. User Name, Password, and Security

You are responsible for maintaining the confidentiality of your user name and password, and you are solely responsible for all activities that occur under your user name and password. You agree to immediately notify Iris of any unauthorized use of your user name and password or any other breach of security related to the Site. You agree that Iris will not be liable for any loss or damage arising from the misuse of your user name or password by others or your failure to adequately safeguard your user name and password, or to otherwise comply with this section.

17. Eligibility

The Products and the Site are available only to individuals or entities who can form legally binding contracts under applicable law and who are employees and affiliates of entities that have entered into a subscription or service agreement with Iris. Without limiting the foregoing, use of the Products and the Site are not available to minors under the age of 13, except through family plan accounts maintained and used by a parent or legal guardian on behalf of such minors. If you do not qualify as an authorized user for any reason, you may not use the Products or the Site.

18. Changes to Site and Products

Iris reserves the right to change, suspend or discontinue any aspect of the Products or the Site at any time, including the TOS, Terms and Conditions, availability of any of the Site features, delivery services, databases or Content. Such changes will be effective on the date that such changes are posted on this Site. Your use of the Iris Site following any such change constitutes your agreement to follow and be bound by the Terms of Service and the Terms and Conditions of the Site as changed. Iris may also impose limits on features or restrict access to parts of the Site.

19. Privacy

Iris strives to protect the privacy of its Site users. You may review our privacy policy, which is incorporated by reference into this TOS and is available in the footer of this Site. Iris may access your accounts and records to investigate complaints or other allegations or abuse. We will not disclose the existence or occurrence of such an investigation except to appropriate governmental authorities or unless required to do so by law. Use of mobile devices may require Iris to determine that you are using a mobile device and may require Iris to obtain certain identifying information about your mobile device.

20. Links to Third Party Sites

This Site may contain hyperlinks to websites operated by parties other than Iris. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content, communications, services, goods or other materials or the privacy or other practices of such websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Iris to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time. We suggest that you review the terms of service and privacy policy of any third party before submitting your personal information from this Site.

21. Prohibited Uses

As a user of the Products or the Site, you agree to use the Products and the Site only for lawful purposes. Use of the Products or the Site for transmission, distribution, retrieval or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You further agree not to use the Products or the Site to:

Use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization;

Harass others by "mail-bombing" or "news-bombing;" Threaten, harass, defame, embarrass or distress any other person or group;

Distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent;

Use "auto-responders," "cancel-bots," or other similar mechanisms that generate excessive network traffic;

Post or send any unlawful, harmful, defamatory, libelous, pornographic, obscene, vulgar or similarly tortuous or otherwise objectionable material;

Post, send or relay any unsolicited advertising;

Post or send any chain letters or pyramid schemes;

Post or send any fraudulent or misleading offers of products, items, loans, or other services;

Engage in any conduct harmful to minors;

Post any misleading, inaccurate or fraudulent information;

Post any junk emails;

Post any duplicative or unsolicited messages;

Harvest or otherwise collect information about others, including email addresses, without their consent;

Create a false identity or forged email address or header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

or

Attempt to gain unauthorized access to the Products, other accounts, computer systems or networks connected to the Site through login password mining or any other means.

Iris takes no responsibility and assumes no liability for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Iris's systems and customers, or to ensure the integrity and operation of Iris's business and systems, Iris may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, and usage history. Iris's right to lawfully disclose any such information shall take precedence over any terms of Iris's privacy policy. Iris may access and evaluate user profile information, usage history and other user information for purposes of our own marketing analysis, Site assessment, and improvement of the user experience on our Site.

22. estrictions on Use

You may not create a link to the Site without our prior written approval. All rights not expressly granted in this TOS or in a separate written agreement with Iris are reserved to Iris. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this TOS.

23. Proprietary Rights in Software

You acknowledge and agree that the Product and any Iris software used in connection with the Product ("Software") contain proprietary and confidential information that is protected by applicable copyright, intellectual property and other laws. While some images and documents in this Site or in websites linked with this website may be in the public domain, others may be protected under copyright, trademark, and other intellectual property laws of the United States and foreign countries. Such laws generally prohibit (subject to civil and criminal penalties) the unauthorized reproduction, distribution, adaptation, display, and performance of protected works. It is your obligation to comply with all applicable laws, including, where necessary, seeking the advice of counsel regarding the application of the fair use doctrine in the event of the proposed educational use of materials available on or through this Site. Subject to the Terms and Conditions applicable to the Products. Iris grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on your personal computer and mobile device(s) solely for the purpose of accessing the Product; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Product. You agree not to access the Product by any means other than through the interface that is provided by Iris for use in accessing the Product.

24. Trademarks

The trademarks appearing on the Site, including those of Iris are the property of their respective owners. Iris's trademarks may be used only with the express written permission of Iris. The design and layout of the Site, and all other Sites owned, operated, licensed, or controlled by Iris or its subsidiaries, if any, are protected as trade dress and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from the Site may be copied or retransmitted unless expressly permitted by Iris. Other product and company names mentioned on the Site may be the trademarks of their respective owners.

25. Copyright

All materials on the Site are copyrighted and are protected under state and federal law, as well as international treaties and the copyright laws of other countries. Except as expressly provided in the subscription or service agreement governing your use of the Products, Iris's materials may not be reproduced, copied, distributed, adapted, displayed, edited, published, transmitted, or downloaded in any way without Iris's express written permission. All rights not expressly granted herein are reserved by Iris.

26. Assumption of Risk

You agree that you use the Site and any third-party linked site at your own risk. You further understand and agree that Iris does not assume any responsibility for illegal, unauthorized, or improper use by you or third parties of information transmitted, monitored, stored or received using the Site or the Products. You agree that you will be solely responsible for any charges imposed upon you by your mobile carrier or mobile device service plan provider, including any time use charges, roaming charges, data usage fees, or any other third-party fees or charges. Any third-party linked sites or information is provided to you as a convenience only, and the inclusion of such linked sites or information is not intended to imply any approval or endorsement of any such linked sites or information. You agree that Iris is not responsible for any information sent by or obtained from any third-party, including through use of mobile devices.

27. Disclaimer

Iris does its best to ensure the accuracy and currency of the material contained in this Site but makes no express or implied warranties or representations about any of the content of the Site. Use of the Iris Site and information is voluntary. Iris accepts no responsibility for loss or damage which may arise from reliance on information or advice contained in this Site and shall not be liable for any typographical or other errors or omissions within the material contained in this Site. Iris is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, reliance on or performance of material contained in this Site. At certain places on this Site, live "links" to thirdparty websites may be accessible. Such external sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Iris. Iris does not endorse, approve, certify, or control these external sites and does not guarantee the accuracy, completeness, efficacy, or timeliness of information located at such sites. Use of any information obtained from such third-party sites is voluntary. Reference in such third-party sites to any specific commercial product, process or service does not constitute or imply endorsement or recommendation by Iris.

THE SITE, ALL THIRD PARTY LINKED SITES, AND ALL PRODUCTS, CONTENT AND MATERIALS PROVIDED IN THE SITE, ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE OF THE SITE AND SUCH OTHER SITES, PRODUCTS, SERVICES, CONTENT AND MATERIALS IS AT YOUR SOLE AND EXCLUSIVE RISK. NEITHER IRIS NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. UNLESS EXPRESSLY STATED TO THE CONTRARY ON THE SITE, NEITHER Iris NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE (1) UNINTERRUPTED OR ERROR-FREE, (2) FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) SECURE, OR (4) AVAILABLE AT ANY TIME OR FROM ANY LOCATION. NEITHER Iris NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS, OR LICENSORS, MAKES ANY WARRANTY OR REPRESENTATION REGARDING (1) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THE SITE, (2) ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PRODUCTS OR THE SITE, OR (3) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICES OR SITE.

Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if AND SOLELY TO THE EXTENT required by applicable law, some or all of the exclusions or limitations above may not apply to you.

28. Limitation of Liability

IN NO EVENT WILL IRIS, ANY OF ITS PARTNERS, PROVIDERS, AFFILIATES, INCLUDING THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, THE PRODUCTS OR SERVICES AVAILABLE ON THE SITE, ANY SITES LINKED TO THE SITE, THE MATERIALS OR INFORMATION CONTAINED AT THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT WILL IRIS HAVE ANY LIABILITY TO YOU OR ANY FAMILY MEMBER IN EXCESS OF THE AMOUNT YOU PAID TO PURCHASE OR USE THE PRODUCTS SELECTED. THE FOREGOING LIMITATIONS OF LIABILITY CONSTITUTE A FUNDAMENTAL BASIS OF THESE TERMS OF SERVICE AND IRISWOULD NOT HAVE PERMITTED YOU TO USE THE SITE OR THE SERVICES ABSENT SUCH LIMITATIONS.

Some jurisdictions do not permit the exclusion or limitation of liability. Therefore, only if AND SOLEY TO THE EXTENT required by applicable law, some or all of the exclusions or limitations above may not apply to you.

29. Indemnity

You agree to defend, hold harmless, and indemnify Iris and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(i) your breach of this TOS or the documents referenced herein;

(ii) your violation of any law or the rights of a third party, including any intellectual property right; or

(iii) your use of the Products or the Site.

30. Notice

All notices to a party shall be in writing and shall be made either via email at Legal@us.generaliglobalassistance.com or U.S. mail. Notice shall be deemed given 24 hours after an email that is not returned to the sender is sent, or 3 days after deposit in the U.S. mail, to you at the address provided by you upon registration and to Iris at the address set forth below:

Generali Global Assistance, Inc., dba Iris® Powered by Generali

Attn: Legal Department

1250 24th Street, Suite 600

Washington DC 20037

USA

31. Applicable Laws and Waiver of Jury Trial

Both you and Iris agree that this Site is operated by a US entity and this TOS and your use of the Site is governed by the statutes and laws of the State of New York, without regard to its conflicts of laws principles. Iris makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from outside the State of Maryland do so upon their own initiative and are responsible for compliance with local laws.

You consent to the exclusive jurisdiction and venue of courts in New York, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Site. You agree that all claims you may have against Iris arising out of or relating to the Site shall be heard and resolved in the courts located in the state of New York, and you and Iris irrevocably submit to the courts located in the state of New York, which shall serve as the exclusive forum for the purposes of any suit, action or other proceeding, except for a suit by Iris seeking injunctive relief, which Iris may pursue in any appropriate forum. YOU AGREE THAT ANY SUCH CLAIM HEARD IN ANY COURT SHALL BE CONDUCTED WITHOUT A JURY AND YOU FREELY AND VOLUNTARILY WAIVE THE RIGHT TO HAVE ANY CLAIM BROUGHT BY OR AGAINST IRIS DECIDED BY A JURY.

This Agreement is personal to you, and you may not assign your rights or obligations to anyone.

32. General Terms

If any provision(s) of the TOS is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Iris's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOS will be effective only if unambiguously made in writing and signed by Iris.

Iris may terminate the Products and access to this Site at any time without notice, in its sole discretion. In the event of a termination, the Assumption of Risk, Disclaimer, Limitations of Liability, Prohibited Uses, Proprietary Rights in Software, Trademarks, Copyright, Indemnity, Applicable Laws, and General Terms Sections set forth in this TOS shall survive. Users who violate this TOS may additionally incur criminal and/or civil liability. Iris may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.

Please note that if this site or these Products are provided to you through your employer, you are subject to the terms and conditions provided for in the contract between your employer and you, in addition to the terms listed on this Site.

33. Acceptance of Terms

By using the Site, you signify your assent to these Terms of Service in their entirety. If you are dissatisfied with the Iris Site, or with these terms and conditions of use, your sole and exclusive remedy is to discontinue using the Site and the Products.