TERMS AND CONDITIONS OF SALE

The Terms and Conditions of Sale and Software License Agreement (the “Agreement”) contained herein constitute the entire agreement between Greenware Corporation (“Seller”) and Customer for GuardedID. The terms of My-ID-Protection.com's website services are at the bottom.

1. PRODUCTS. “Products” shall mean any products identified on identityprotectionstore.com, proposals or quotations, or any of Seller’s invoices.  Seller may make a modification to any Product that it deems necessary or advisable at any time without prior notice to or consent of Customer, and such altered Product shall be deemed fully conforming.

2. TAXES AND DUTIES.   All stated prices are exclusive of any taxes, fees and duties.  Any taxes related to Products purchased or licensed pursuant to this Agreement shall be paid by Customer.

3. SHIPPING AND DELIVERY.  All orders of Product(s) will be delivered online.  An email will be sent out automatically once Customer registers online that will contain a link to download the Product and a license key to use upon installation.

4. SHIPPING AND DELIVERY.  All orders of Product(s) will be delivered online.  An email will be sent out automatically once Customer registers online that will contain a link to download the Product and a license key to use upon installation.

5. PAYMENT. When you order GuardedID, you will be enrolled in IdentityProtectionStore.com’s free identity protection program called My-ID-Protection.  You will be billed $29.95 annually (once per year) as long as you continue your membership.  Your subscription includes a 2-user license of GuardedID.  There is a one-time only setup fee of $9.95.  When you sign up for GuardedID at IdentityProtectionStore.com you receive a buy one get one free license for the first year.  There will be an additional 2 (two) US dollar charge on any subscriptions outside of the United States and Canada. Money back guarantee: Seller will allow for the return of any defective product if notified within 10 days of sale.

6. FORCE MAJEURE.  Seller shall not be liable for any delay or failure in performance whatsoever due to acts of God, earthquakes, shortages of supplies or supplier failure, transportation difficulties, labor disputes, riots, war, fire, epidemics, and similar occurrence. The obligations and rights of Seller shall be extended on a day-to-day basis for a period of time equivalent to the period of the delay.

7. LIMITATIONS OF LIABILITY.   NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF SELLER AND ITS SUPPLIERS UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO MONEY PAID TO SELLER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY AND IN THE CASE OF DAMAGES RELATING TO ANY ALLEGEDLY DEFECTIVE OR INFRINGING PRODUCT, SHALL, UNDER ANY LEGAL OR EQUITABLE THEORY, BE FURTHER LIMITED TO THE PURCHASE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT.

8. CONSEQUENTIAL DAMAGES WAIVER.  IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF TIME, LOSSED SALES OR LOSS OR DAMAGE TO DATA, INJURY TO PERSON OR PERSONAL PROPERTY OR ANY OTHER INDIRECT DAMAGES, EVEN IF SELLER OR ITS SUPPLIERS HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

9.     GENERAL.

(a)    Choice Of Law. This Agreement shall be interpreted and construed and legal relations created shall be determined in accordance with the internal laws of the State of Georgia, without reference to the conflicts of laws principles thereof.


(b)    No Waiver. No waiver of rights under this Agreement by either party shall constitute a subsequent waiver of this or any other right under this Agreement.


(c)    Assignment. Neither this Agreement nor any rights under this Agreement, other than monies due or to become due, shall be assigned or otherwise transferred by either party (by operation of law or otherwise) without the prior written consent of Seller. Notwithstanding the foregoing, this Agreement may be transferred or otherwise assigned to any company or other entity, which acquires all, or substantially of the assets of such party.


(d)    Illegality. In the event that any of the terms of this Agreement become or are declared to be illegal by any Court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect. Notwithstanding the foregoing, if this paragraph becomes applicable and, as a result, the value of this Agreement is substantially impaired for either party, then the affected party may terminate this Agreement by written notice to the other.


(e)    Attorney’s Fees. In the event of a breach of this Agreement, the breaching party shall pay to the other party any reasonable attorney’s fees and other costs and expenses incurred by the non-breaching party in connection with the enforcement of any provision of the Agreement.


(f)    No Agency. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever.


(g)    Entire Agreement. This Agreement and each invoice relating to Products or Software together constitute the entire Agreement between the parties hereto concerning the subject matter of this Agreement and such invoices; and there are no conditions, understandings, agreements, representatives, or warranties, expressed or implied, which are not specified herein.


(h)    Amendment and Modification. This Agreement may only be modified by a written document executed by the parties thereof. The products and specifications, configurations, and other technical information regarding the products contained in this manual are subject to change without notice.

TERMS AND CONDITIONS OF MY-ID-PROTECTION.COM SERVICES

THESE ARE THE TERMS OF THE AGREEMENT BETWEEN YOU (“USER” ) and GREENWARE CORPORATION (“GREENWARE”), OWNERS OF IDENTITYPROTECTIONSTORE.COM AND MY-ID-PROTECTION.COM. BY ACCEPTING MY ID PROTECTION’S SERVICE, USER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREE TO ALL OF THESE TERMS AND CONDITIONS.

This Terms and Conditions Agreement ("Agreement") identifies the service that user will receive from Greenware Corporation (herein referred to as “Greenware”), its websites (including but not limited to IdentityProtectionStore.com, My-ID-Protection.com, TheIdentityProtectionReport.com and IdentityGuardSoftware.com) and subsidiaries and what Greenware expects from user. These terms and conditions apply to users purchase of any service offered by Greenware.

User can not subscribe or continue to use Greenware's service if user does not agree to our terms and conditions.

1. Description of Greenware's Service ("Service"):

A. We will email user a link to the fraud alert system so that the user can protect their identity for free. We will email user the quick link to the fraud alert form approximately every 90 days, so that user can fill it out and stay protected;

B. We will email user a link to request their free credit report upon enrollment and send user this link every 12 months so that user can get their free annual credit report via annualcreditreport.com;

C. User will have access to identity theft news, updates, and other identity protection products via the My-ID-Protection.com website.

2. Description of User’s Obligations:

A. USERS ARE OBLIGATED TO CONTACT GREENWARE CLIENT SERVICES IN THE EVENT THAT ANY INFORMATION THE USER HAS PROVIDED GREENWARE HAS CHANGED. User additionally agrees that they have a good faith suspicion that they have been or are about to become a victim of fraud or related crime, including identity theft, that user wants to obtain fraud alerts under 15 U.S.C. § 1681c-1.

B. User agrees that they are eighteen (18) years of age or older.

C. User agrees that in order to receive the free services in item 1 of this agreement, they will accept occasional email offers from Greenware and Greenware partners. There will be approximately two or three email offers per month, but are not limited to this quantity. The User may opt-out of these offers at any time. However, if the user does opt-out of special offers they also agree to cancel their free subscription to MyIDProtection.com’s free services. Greenware will still be authorized to send emails on other services that they provide to user such as, but not limited to, users GuardedID membership.

3. Disclaimers and Limitation of Liability:

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

B. Greenware is a reminder service and does not protect user from identity theft. Greenware is a “do it yourself” guide to the resources to help user guard their own identity. Greenware makes the process of user protecting their identity easy and will remind user when it’s time for user to reactivate their fraud alert (every 90 days) via email. It is their responsibility to ensure that alert@My-ID-Protection.com is "white listed" and not blocked as spam by users email software/provider. This is the email address that will send user their alert reminder. It is the user’s responsibility to check all their email folders for this email.

C. Greenware will direct user to annualcreditreport.com, the site that provides user with a free credit report every twelve months. If user has received a credit report in the last 12 months, user will not be able to receive a free credit report until 12 months have lapsed. A third party provides user with the credit report, not Greenware.

D. Governing Law: This agreement and any Service provided hereunder will be governed by the laws of the state of Georgia, without regard to any Georgia laws that would direct the choice of another state's laws and, where applicable, to be governed by the federal laws of the United States. User irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of Georgia for any dispute or litigation arising out of, or relating to, the use or purchase of any Service from Greenware, and waive any objection to the laying of venue of any such litigation in Georgia courts and agree not to claim that such litigation brought therein has been brought in an inconvenient
forum.

E. Arbitration: Both user and we agree that any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service shall be settled by confidential arbitration , in accordance with the American Arbitration Association’s ("AAA") Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes) then in effect. The arbitrator may grant injunctions or other relief in such dispute or controversy. A single arbitrator with knowledge of electronic commerce will conduct the arbitration and the parties will mutually agree upon such arbitrator. In the event that the parties have not agreed on an arbitrator within thirty (30) days of the date of the notice of intention to arbitrate, the arbitrator will be selected by AAA from its list of commercial arbitrators. The arbitrator will conduct a single hearing no longer than one day in duration for the purpose of receiving evidence and will render a decision within fifteen days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any state or federal court. Although the cost of the arbitrator will be borne by Greenware, all other expenses of arbitration will be paid by the party who incurred them. These expenses are not part of our Service Guarantee. In addition to, and separate and apart from, the above agreement to arbitrate any dispute, controversy or claim arising out of, or relating to, any interpretation, construction, performance or breach of this Agreement or the Service, user also agree that user will not participate in any way in any class action in connection with any such dispute, controversy or claim, either as a class representative plaintiff or as a member of a putative class.

F. Change of Terms: We may revise this Agreement at any time. However, we may not make any changes retroactive. We will notify user of any changes at the e-mail address associated with the user account. If user does not contact Greenware and express objection to our changes within thirty (30) days of receiving this notice, user shall be deemed a continuing use client and agree to be bound by any such revisions.

G. Indemnification: User agrees to indemnify, defend and hold Greenware and any of its affiliates and all of their agents, directors, employees, information providers and licensors and licensees harmless from and against any and all liability and costs (including attorneys' fees and costs) incurred by any of these parties in connection with any claim arising out of any willful or intentional breach by user of these terms and conditions. In the event that either (a) user are the subject of claims for which user properly seek damages from us under these terms and conditions, or (b) we are subject to any claim for which we have the right to be indemnified by user, we reserve the right at our expense in the case of claims in clause (a) and at their expense in the case of claims in clause (b), to assume the exclusive defense and control of any such claim, and user will not in any event settle any such claim without our written consent.

H. Trademarks, Copyrights and Restrictions: Greenware and its websites logo’s are trademarks of Greenware Corporation. Everything users see in any promotional materials is copyrighted by Greenware Corporation unless otherwise specified. All other product names and company logos found on promotional materials are the trademarks of their respective owners. All promotional materials are protected by copyrights, which are owned or licensed by Greenware. User may not reproduce,
perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Greenware information without the express, written consent of Greenware Corporation.

Greenware is not an insurance company. Greenware does not sell, solicit or negotiate insurance.

I. Miscellaneous: These terms and conditions may not be altered, supplemented, or amended by user by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for the Service which is subject to additional or altered terms and conditions will be null and void, unless agreed to in writing and signed by user and Greenware. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference will be derived from them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it
enforceable and shall not affect the enforceability of any other provision. No method of transmission over the Internet, or method of storage, is 100% secure. However, we strive to use commercially acceptable means to protect any and all user information though we cannot guarantee its absolute security.


J. Agreement Assent: USER AND GREENWARE HAVE ENTERED INTO THIS AGREEMENT, WHETHER ELECTRONICALLY OR VIA PHYSICAL COPY, INTENDING TO BE BOUND BY USERS ACCEPTANCE OF THE AGREEMENT. NOTIFICATIONS, OR ANY OTHER COMMUNICATIONS, INCLUDING DISCLOSURES WILL BE MADE VIA THE MAIL, TELEPHONE, OR EMAIL ADDRESS ASSOCIATED WITH USERS ACCOUNT. THIS AGREEMENT MAY BE PRINTED OR RETAINED BY USER FOR FUTURE REFERENCE.

K. User may withdraw user acceptance of this agreement at any time by notifying Greenware in writing. Upon notification of user withdrawal of acceptance, Greenware will cancel user’s service.

L. Acknowledgment: The Agreement, including all documents referred to herein, represents the entire understanding between user and Greenware regarding the users relationship with Greenware and supersedes any prior statements or representations. When using or purchasing the Greenware Service, user agrees to be bound by these terms and conditions.