Spectrum Residential General Terms and Conditions of Service

Spectrum · Official agreement

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Spectrum Residential General Terms and Conditions of Service

Subscriber (“Subscriber”, “you” or “your”) agrees to be bound by these Residential General Terms and Conditions of Service with respect to all residential services provided by Spectrum (“Services”), which include all applicable terms of service and policies posted at www.spectrum.com/policies and Spectrum’s Privacy Policy located at www.spectrum.com/privacy, which are incorporated herein by reference (collectively, the “Terms of Service”). Your use of the Services is also subject to any license agreements relating to any software used in connection with the Services. “Spectrum” means Charter Communications Operating, LLC, its parents, affiliates or subsidiaries providing Subscriber the Services, as well as third parties Spectrum may retain to provide the Services.

THESE TERMS OF SERVICE CONTAIN (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS OR MASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST SPECTRUM MORE THAN 1 YEAR AFTER THE RELEVANT EVENT(S) OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS. THESE PROVISIONS AFFECT SUBSCRIBER'S RIGHTS UNDER THESE TERMS OF SERVICE WITH RESPECT TO ALL SERVICES. SEE SECTION 30 FOR DETAILS ON THESE PROVISIONS.

  • Introduction

a. Acceptance. Subscriber accepts these Terms of Service by: (i) written or electronic signature; (ii) informing Spectrum electronically or orally of acceptance, authorization or consent; (iii) activating Service, Equipment or a Device; (iv) breaking the package or box seal of any Equipment or Device; or (v) any use or payment of Service, Equipment or a Device. By accepting these Terms of Service, Subscriber is representing that Subscriber is at least eighteen (18) years old and legally able to accept a binding contract. This is a binding agreement and Subscriber should regularly consult www.spectrum.com/policies for updates.

b. Use of Service. Subscriber agrees that Service, Equipment (as defined below) or Licensed Software (as defined below) will be used only for Subscriber’s personal, residential, non-commercial purposes. You may not rebroadcast, retransmit, redistribute, or resell the Services, or use the Services for any unlawful purpose. Subscriber agrees that these Terms of Service apply to all persons using the Services and that Subscriber will ensure that all users of the Service comply with the Terms of Service.

c. Service Modifications; Notices. Spectrum may modify the Services or these Terms of Service and will post any such changes on www.spectrum.com/policies. Spectrum will notify you of material changes to the Services or Terms of Service at least 30 days in advance (or longer period as required by law) by e-mail, mail, hand delivery, a message in your monthly billing statement, or by other lawful means. Subscriber agrees that the foregoing methods of notice constitute sufficient and effective notice under these Terms of Service. If you disagree with a change to a Service or these Terms of Service, you may cancel the affected Service, without liability for any early termination fee (if any); however, your continued use of the affected Service for more than 30 days after we deliver notice of a change will constitute your acceptance of the change.

  • Charges and Billing

a. Payment of Charges. Billing will commence upon the earlier of (i) the activation of any Service or Device, or (ii) 8 days after customer pickup or shipment by Spectrum of Equipment or Devices. Subscriber agrees to pay all charges associated with the Service, including applicable federal, state, and local taxes and fees, and fees to recoup any applicable municipal, state and federal government fees, for the sale, installation, use, or provision of the Services. If partial payment is made of any bill and without waiving its right to collect the full balance owed, Spectrum will apply that payment to any outstanding charges in the amounts and proportions that it determines.

b. Monthly Subscription Services. Subject to restrictions under applicable law, Subscriber shall be responsible for the full monthly charge (without pro-ration) for Services offered on a monthly subscription basis to which Subscriber has subscribed, regardless of a termination of such monthly Service prior to the conclusion of its monthly subscription service period, and for usage charges for Services or features (for example, per event or program Video Services or per unit, minute, or data usage charges)based on actual usage or orders placed during the previous month (collectively “Usage Charges”). If Subscriber’s Usage Charges exceed a threshold amount, as determined by Spectrum, such Usage Charges may be charged to Subscriber and become due prior to the end of the monthly billing period. Unless Subscriber cancels Service on or before the last day of the current monthly subscription service period, Subscriber will be charged in full for Services for the next monthly subscription service period.

c. Disputed Charges/Late Payments. If you disagree with a charge on your billing statement, you must contact Spectrum at 1-855-757-7328 no later than 60 days after the due date on your billing statement (or such later date as required by law) or you waive any such dispute. Failure to pay charges by the due date on the billing statement (including checks returned for insufficient funds) may result in suspension or disconnection of all Services, the removal of all Equipment and/or imposition of a late payment or service charge. Should Subscriber resume Service after a suspension, Subscriber may be subject to reconnection fees. Should Subscriber resume Service after termination of Service, Spectrum may charge fees for installation, service calls and/or activation and reserves the right to charge rates different from those in place at the time of disconnect. These fees are in addition to all past due charges and other fees. In the event collection activities are required, additional collection charges may be imposed.

d. No Credit Arrangements. Except to the extent Subscriber is purchasing a Device from Spectrum under an installment plan agreement, Spectrum is not extending Subscriber any credit and therefore Spectrum and Subscriber are not entering into a consumer credit or similar transaction.

  • Electronic Payment Terms.

Subscriber may make a one-time payment to be applied against the balance of your monthly billing statement through an electronic funds transfer or a debit or credit card charge. You may also pay the balance of your monthly billing statement on a recurring basis, including charges that are due immediately, by enrolling in the Auto Pay Service (collectively, the Electronic Payment Services).

a. One Time Pay Authorization. If you use Spectrum’s One Time Pay service, you authorize Spectrum to charge/debit the bank account, debit or credit card that you designated (“Payment Method”) to make a one-time payment in the amount requested by you.

b. Auto Pay Authorization. By enrolling in Auto Pay Service, Subscriber authorizes Spectrum to charge/debit electronically your Payment Method each month to pay the balance due on your account on the due date shown on your monthly bill statement, including charges that are due immediately. Spectrum will continue to charge/debit your Payment Method each month unless you cancel your authorization at least three (3) business days before the next scheduled payment date. To terminate Auto Pay Service, you must call 844-242-9935 or visit a Spectrum Store.

c. By using the Electronic Payment Services, you (i) represent that you are the legally authorized user of the Payment Method and (ii) authorize Spectrum to store your Payment Method for future use. Subscriber is responsible for ensuring that the Payment Method information is current and accurate at all times. Subscriber must notify Spectrum of any change in the Payment Method at least three (3) business days before the scheduled due date shown on your monthly billing statement for the month in which you want to make the change; otherwise the change will not take effect until the following billing cycle. If Subscriber is enrolled in the Auto Pay Service and the initial payment fails, Subscriber may be charged a payment failure fee in addition to Subscriber's past due balance.

d. Spectrum will notify you prior to the payment due date. The amount shown as due on the monthly billing statement will constitute notice of any variance in amount paid in the previous month.

e. Subscriber has the right to revoke the recurring Auto Pay arrangement with Spectrum at any time, except for those services where Auto Pay is required. Any revocation of your authorization to pay amounts due through the Auto Pay service will not take effect until after receipt by Spectrum, and will result in the discontinuance of Auto Pay bill payment(s). After cancelation of Auto Pay bill payment, you will be responsible for directly paying all amounts due as set forth on your billing statement.

f. For a copy a Subscriber's online Auto Pay confirmation for Subscriber's records, Subscriber must print or save such document to Subscriber's computer.

g. Subscriber must notify Spectrum of any change in account information or Payment Method. Subscriber can update account or Payment Method information on the My Spectrum application, or Spectrum.net/myaccount, or while speaking with one of our service representatives. It may take at least one billing cycle to update your new Payment Method. In the meantime, you will remain solely responsible for making payments when due. Electronic Payment Services are for personal, non-commercial use only, and Subscriber is prohibited from using these services for any illegal purpose.

h. You agree that Spectrum may provide you legal notices regarding Electronic Payment Services, payments made, and other relevant information attributable to your payment transactions. Subscriber may not revoke consent to receive such electronic notices.

i. Subscriber must protect the confidentiality of any user name or password used with the Electronic Payment Services. Subscriber shall not provide access to the Electronic Payment Services to anyone other than delegated authorized users. If Subscriber believes Subscriber's password or other means to access Electronic Payment Services has been lost or compromised, Subscriber must notify Spectrum immediately at 855-757-7328.

j. Spectrum shall have no liability or responsibility for its inability to process or receive payments through the Electronic Payment Service in the event circumstances beyond Spectrum's control prevent Spectrum from doing so.

k. Subscriber is responsible for all fees and costs related to maintaining a valid Payment Method including processing charges or annual costs.

l. No payment processor or other third party may use the Electronic Payment Services, including, without limitation, artificial intelligence, any use of automated scripts or routines, robots, bots, or other means not under the direct guidance or instruction of Subscriber, to make payments on behalf of Subscriber without Spectrum’s written consent. Any attempt to do so is an unauthorized interference with the operation of the Electronic Payment Services and may result in Spectrum’s failure to process or accept payments from you. The restrictions in this paragraph will not prevent the use of technology that is designed and intended to assist customers with disabilities.

SPECTRUM'S SOLE AND ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY FOR THE PROCESSING OR DEDUCTION OF AN INCORRECT TRANSFER OF FUNDS HEREUNDER IS THE RETURN OF THE IMPROPERLY TRANSFERRED FUNDS. FOR THE AVOIDANCE OF DOUBT, THIS SECTION 3 DOES NOT LIMIT ANY NON-WAIVABLE RIGHTS SUBSCRIBER MAY HAVE UNDER APPLICABLE LAW.

Equipment and Wiring installed at Subscriber's address must remain at Subscriber’s address and must not be used or relocated off such premises without Spectrum authorization. Subscriber must return all Equipment upon substitution of use (upgrade, downgrade or swap-out) or termination of Service. Failure to do so will result in a unreturned Equipment charge, which amount shall be due immediately (“Unreturned Equipment Fee”). Subscriber agrees to pay such fee whether the Equipment is lost, damaged, modified or destroyed. Spectrum retains all title to all Equipment, at all times, including after payment on an Unreturned Equipment Fee. Spectrum in no way relinquishes ownership of (including title to) Equipment by the payment of an Unreturned Equipment Fee.

Spectrum will repair or replace damaged or defective Equipment if such damage or defect was not caused by misuse or improper operation or handling by Subscriber. A service charge may be imposed upon the dispatch of a technician if there is damage to Equipment due to negligent use or abuse or if no fault is discovered in Spectrum's system or Equipment. ALL EQUIPMENT AND WIRING ARE PROVIDED "AS IS", UNLESS OTHERWISE PROHIBITED OR RESTRICTED UNDER APPLICABLE LAW, AND SPECTRUM HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SPECTRUM SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT OR WIRING.

Spectrum's sole obligation and Subscriber's sole remedy with respect to any liability or damage caused by Subscriber's use or deployment of Equipment or Wiring shall be a refund of fees paid by Subscriber for such Equipment for the previous billing month/cycle.

  • Subscriber Property. Excluding the Equipment, Subscriber Property includes all software, hardware, equipment, devices or services used in connection with the Services. Subscriber Property also includes (i) equipment or devices that Subscriber purchases under a sales agreement with Spectrum (“Subscriber Purchased Devices”), and (ii) any device that Spectrum conveys to Subscriber, either for a fee or at no cost (“Conveyed Devices”). Spectrum has no responsibility for the operation, support, maintenance, or repair of any Subscriber Property, including Subscriber Purchased Devices or Conveyed Devices to which Spectrum or any third party provides software or downloads. Subscriber acknowledges and agrees that it is solely responsible for all content accessed through Subscriber Property, and that Spectrum has no liability for content available through Subscriber Property. Subscriber further acknowledges and agrees that Subscriber’s access or use of the content and services available from third-party providers for use on or through Subscriber Property may be subject to their own terms of service and policies, including privacy and data gathering policies, which Subscriber may be required to separately accept and acknowledge and with respect to which Spectrum disclaims and shall have no obligation or responsibility. Subscriber is solely obligated to abide by such third-party terms and policies when and as they become applicable.

SUBSCRIBER PURCHASED DEVICES AND CONVEYED DEVICES ARE PROVIDED “AS IS”. SPECTRUM HEREBY DISCLAIMS ANY AND ALL CLAIMS ARISING FROM OR ASSOCIATED WITH THE FAILURE, OPERABILITY, PERFORMANCE, DEFECTS OR DAMAGES ARISING FROM SUBSCRIBER PURCHASED DEVICES OR CONVEYED DEVICES, ANY OF WHICH SHALL REMAIN MATTERS EXCLUSIVELY BETWEEN THE SUBSCRIBER AND THE MANUFACTURER OF SUCH DEVICES.

Spectrum is not responsible or liable for any loss or impairment of Spectrum's Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber Property, including Subscriber Purchased Devices and Conveyed Devices, or Subscriber-provided equipment/software.

Notwithstanding anything to the contrary, Subscriber agrees to allow Spectrum and our agents the right (a) to install hardware in, (b) send software downloads to, and (c) install, access, configure, maintain, inspect or upgrade Subscriber Property, including Subscriber Purchased Devices or Conveyed Devices, as necessary to provide the Services. Subscriber warrants that Subscriber is either the owner of such equipment or that Subscriber has the authority to give Spectrum access to it.

Subscriber must comply with the intellectual property rights of Spectrum, its third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by Spectrum or accessed through Spectrum's websites. Spectrum intellectual property and related documents are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions. All Spectrum websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively, "Marks") and its affiliates are and shall remain Spectrum’s and its affiliates’ exclusive property. Nothing in these Terms of Service shall grant Subscriber the right or license to use any of the Marks.

Spectrum is registered under the Digital Millennium Copyright Act of 1998. In accordance with Title 17, United States Code, Section 512(C)(3), if you believe that a Web page hosted by Spectrum is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Spectrum’s designated agent. See Procedure for Making Claims of Copyright Infringement located at [Insert Website address].

Spectrum may utilize artificial intelligence (AI)[CJH1.1] technologies to enhance our services and improve user experience, and Subscriber consents to such use. The AI systems employed may include, but are not limited to, machine learning algorithms, natural language processing, and automated decision-making tools.

  • Taxes/Fees. Subscriber agrees to pay all local, state or federal taxes, franchise fees, surcharges and any other fees or payment obligations which are levied, assessed or allowed by government or quasi-government bodies and which are applicable to the Services, the Equipment, Wiring, Subscriber Purchased Devices, Conveyed Devices, or installation or service charges incurred with respect to the same. Subscriber is responsible for paying any tax, fee or surcharge that may be assessed or become applicable retroactively or that may result from a tax, surcharge or franchise fee audit conducted by a governmental or quasi-governmental body. Unless required by applicable law, Spectrum may not provide notice of a change in taxes, fees or surcharges. A description of Spectrum taxes, fees and surcharges is available at www.spectrum.net/support.
  • Access to Subscriber Premises. Subscriber authorizes Spectrum and its employees, agents, contractors and representatives to access and otherwise enter the Subscriber's premises to install, inspect, maintain and/or repair the Equipment or Wiring and, upon the termination of Service, to remove the Equipment from the premises. Spectrum's failure to remove its Equipment shall not be deemed abandonment thereof. If the installation and maintenance of Service are requested at premises that, in Spectrum's sole discretion, are or may become hazardous or dangerous to our employees, the public or property, Spectrum may refuse to install and maintain such Service.
  • Acknowledgments and Consent Regarding Recording of Communications and Contact Rights:

a. Recording of Communications. Subscriber consents to Spectrum recording or monitoring communications between you and Spectrum for quality assurance, analytics and internal business purposes.

b. Consent to Phone Calls and other Means of Communication. Subscriber agrees that Spectrum (or persons acting on Spectrum’s behalf) may contact you at any time using automated dialing technology, prerecorded or artificial voice message calls, text or e-mail to any landline or wireless phone number or e-mail address that Subscriber provides to Spectrum for any non-promotional account, informational, or Service-related purpose such as, without limitation, collections and billing, appointment scheduling or confirmations, service alerts, security or network issues, or fraud violations. Subject to any limitations under applicable law, Subscriber may not opt-out of or revoke its consent to receive such communications.

a. Termination by Subscriber: Unless otherwise terminated, these Terms of Service automatically renew on a month-to-month basis. Upon renewal, all pricing is subject to change in accordance with these Terms of Service and as permitted under applicable law. To terminate any recurring Service, Subscriber must call 855-757-7328, or provide a hardcopy written notice of termination to Spectrum at 2 Digital Place, Floor 4, Simpsonville, SC 29681[Legal2.1]. Subscriber-requested termination will be effective after the date Spectrum receives such request.

b. Termination for Bankruptcy: Spectrum may terminate these Terms of Service immediately in the event Subscriber becomes insolvent or bankrupt (or requests Chapter 13 reorganization) or is subject to a lawsuit related to its liquidation or insolvency (whether voluntary or involuntary).

c. Termination for Breach: Spectrum may terminate these Terms of Service and remove any Equipment or Spectrum may reject an application or block access to or use of Service for any reason including, but not limited to, if:

p>i. Subscriber violates these Terms of Service, including any associated rates, rules or policies of Spectrum, as solely determined by Spectrum; ii. Subscriber provides incorrect, absent or incomplete application or registration information; iii. Subscriber engages in any misuse or illegal activity using any Service or Equipment; iv. Subscriber threatened or harassed any Spectrum employee, agent, contractor or representative (e.g., by abusive language, physical threats, etc.); v. Subscriber's Payment Method fails to compensate Spectrum; or vi. The amount of technical support required to be provided to Subscriber is excessive as determined in the sole discretion of Spectrum.

Subscriber agrees that in the event of termination pursuant to subsections (b) or (c), Spectrum shall have no liability to Subscriber. Failure of Spectrum to remove Equipment upon termination shall not be deemed abandonment thereof. Spectrum is authorized to delete any files, programs, data and email messages associated with any terminated account. Subscriber shall pay reasonable collection and attorney's fees to Spectrum if Spectrum must enforce collection or preserve and protect its rights under these Terms of Service.

d. Obligations Upon Termination: Subscriber agrees that upon termination of these Terms of Service:

i. Subscriber will cease use of any Services terminated and pay Spectrum in full for Services and Equipment through the end of the then-current monthly subscription service period. ii. Subscriber will promptly return all Equipment to Spectrum. If Subscriber fails to return any Equipment within ten (10) days of termination, Subscriber shall be liable to Spectrum in accordance with Spectrum's then current schedule of charges for non-returned Equipment. iii. Subscriber will return or destroy all copies of any Licensed Software provided pursuant to these Terms of Service. iv. Subscriber is responsible for storing or retrieving any emails, voice mail messages, and material stored in Spectrum’s online backup service, or other information you wish to retain after termination of Service.

e. Spectrum's Reservation of Rights. Spectrum reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. Spectrum will provide any prior notice of suspension or termination that is required by law.

  • Spectrum's Right to Pursue Remedies and Subscriber's Indemnification Obligations. If Subscriber breaches these Terms of Service, Spectrum has the right to seek compensation from Subscriber for such breach through arbitration or, if Subscriber has opted out of these Terms of Service' arbitration provision or we are seeking an order requiring you to do or refrain from doing something, in court. Additionally, if any person or entity brings a claim against Spectrum that arises out of Subscriber's relationship with Spectrum, the Services provided to Subscriber, the Terms of Service, or Subscriber's breach thereof or failure to comply therewith, Subscriber will indemnify, defend (at Spectrum's exclusive election), and release Spectrum from and against liability and reimburse Spectrum for any losses that Spectrum may incur, including reasonable attorneys' fees and costs, resulting from such claim. Subscriber's responsibilities under this Section cover any dispute, whether arising under contract, tort (for example, a negligence or product liability claim), violation of law or regulation or any other legal theory.
  • Security Deposit. Based on information we receive from credit reporting agencies, credit information you furnish, or internal credit information, and our assessment of risk associated with that information, Spectrum may require a security deposit or an increase in a security deposit. The terms offered to you may be less favorable than the terms offered to consumers who have better credit histories and the amount of deposit may vary. Any initial security deposit required of Subscriber for the Equipment or Spectrum's Service will be due and payable upon the first monthly billing statement. Such security deposits will be returned to Subscriber within sixty (60) days of termination of Spectrum's Service so long as payment has been made for all amounts due on Subscriber's account and Subscriber has returned the Equipment undamaged. If Spectrum is holding a deposit on Subscriber's account, Spectrum has the right to apply the deposited amount against any outstanding balance or to refund the deposit. Except if required by applicable law, no interest will be paid on deposits
  • Advance Payment: Advance payment may be required when specific Service offer conditions require it, Subscribers are unable or unwilling to establish credit worthiness or have an unsatisfactory credit rating. The advance payment will be equal to the applicable installation charge and one month of recurring charges, excluding taxes, fees and surcharges. The advance payment will appear as a credit and be applied to the first monthly bill.
  • Late Fee. If Subscriber's account is past due, and payment has not been received by the due date on the billing statement, Subscriber may be charged a late fee in addition to Subscriber's past due balance. If Subscriber's account thereafter remains unpaid, Subscriber's Services may be suspended or disconnected. Any late fees assessed are not considered interest, credit service charges, finance charges or penalties.
  • Disclaimer. Spectrum assumes no liability for any program, services, content or information distributed on or through the Services and Spectrum expressly disclaims any responsibility or liability for Subscriber's use thereof. Further, Spectrum shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
  • Right to Make Credit Inquiries. Spectrum may rely on credit bureau reports, other data available from commercial credit reference services, any credit information you furnish, or internal credit information and payment history to determine whether or not to provide Services to you, to continue to provide Services to you, or whether or not a deposit or advance payment is required. Subscriber authorizes Spectrum to make inquiries and to receive information about Subscriber's credit experiences, including Subscriber's credit report, from others, to enter this information in Subscriber's file, and to disclose this information concerning Subscriber to appropriate third parties for reasonable business purposes.
  • Indemnification: Subscriber agrees to defend, indemnify, and hold Spectrum, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, "Spectrum Indemnitees") harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from:

a. Subscriber’s use, or other users’ use, of Spectrum Services and/or Equipment;

b. Violation of Spectrum's Terms of Service;

c. The negligence, willful misconduct, violation of a third party's rights, or failure to comply with applicable law by Subscriber or any other person using the Services provided to Subscriber;

d. Any content displayed, distributed, or otherwise disseminated from any use of the Services by Subscriber or any other person using the Services provided to Subscriber;

e. Infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret, or other intellectual property rights[Legal5.1], including any software (whether by transmission or material or otherwise) by Subscriber or any other person using the Services provided to Subscriber, including that effected through combination of Subscriber's use of the respective Service(s) with facilities, equipment, or services provided or used by Subscriber or obtained from third parties;

f. unauthorized, unlawful, or fraudulent use, or misuse, of or access to the Services, except as otherwise provided by applicable law; and

g. Any infringement or invasion of the right of privacy[Legal6.1] of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, or use of the 911 or E-911 service features and the equipment associated therewith, or by the use of any Voice Services furnished by Spectrum in connection with the 911 or E-911 service, including but not limited to, the telephone number, address or name associated with the telephone used by persons accessing 911 or E-911 service thereunder, and/or that which arises out of the negligence or other wrongful act of Subscriber or any other person using the Services provided to Subscriber.

h. The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the Spectrum Indemnitees. Subscriber agrees that Spectrum Indemnitees are not liable for any damages or liability resulting from the loss of Services, nor will Subscriber make any claims or undertake any actions against Spectrum Indemnitees for loss of Service. Subscriber shall be solely responsible for any damage to or loss of Spectrum Equipment, unless such damage or loss is caused solely by the negligence or willful misconduct of Spectrum Indemnitees.

  • Limitation of Liability.

a. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLIES TO ALL ACTS, OMISSIONS AND NEGLIGENCE, ANY FAILURE OF THE SERVICES (INCLUDING 911/E911 SERVICE), EQUIPMENT, OR LICENSED SOFTWARE, OR ANY OTHER CLAIM IN CONNECTION WITH THE SERVICES, EQUIPMENT, LICENSED SOFTWARE OR THESE TERMS OF SERVICE, OF SPECTRUM AND ITS THIRD PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES).

b. One Year[Legal7.1] Limitation Period. EXCEPT AS OTHERWISE REQUIRED UNDER APPLICABLE LAW, ANY CLAIM YOU MAY HAVE AGAINST SPECTRUM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. IF SUBSCRIBER DOES NOT BRING A CLAIM WITHIN THIS PERIOD, SUBSCRIBER IS BARRED FROM BRINGING SUCH CLAIM, AND SPECTRUM WILL HAVE NO LIABILITY WITH RESPECT TO SUCH CLAIM.

c. Damages[Legal8.1]. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SPECTRUM BE LIABLE TO SUBSCRIBER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING 911/E911 SERVICE), EQUIPMENT, LICENSED SOFTWARE, OR CONTENT (INCLUDING ANY STORED FILES OR DATA) OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD PARTY SERVICE PROVIDERS OR ANY MANUFACTURER OF SUBSCRIBER PURCHASED DEVICES OR CONVEYED DEVICES, AGENTS OR SUBCONTRACTORS OF SPECTRUM, OR RELATING TO ANY SERVICES (INCLUDING 911/E911 SERVICE), EQUIPMENT OR LICENSED SOFTWARE FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS.

UNDER NO CIRCUMSTANCES WILL SPECTRUM BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION, MAINTENANCE OR REMOVAL OF THE SERVICE, EQUIPMENT, OR LICENSED SOFTWARE, FROM USE OF SERVICES (INCLUDING 911/E911 SERVICE) OR ANY CONTENT CONTAINED THEREIN, FROM SUPPORT FOR THE SERVICES, OR FROM INCLUSION, OMISSION, OR ERROR RELATING TO INFORMATION ABOUT YOU IN ANY PUBLISHED OR ELECTRONIC DIRECTORY WE MAY OFFER.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPECTRUM'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY SPECTRUM OF ANY OBLIGATION SPECTRUM MAY HAVE UNDER THESE TERMS OF SERVICE OR APPLICABLE LAW, SHALL BE CUSTOMER'S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY SPECTRUM. IN NO EVENT SHALL SPECTRUM'S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THESE TERMS OF SERVICE EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD. IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SPECTRUM’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SUBSCRIBER ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST SPECTRUM THAT RESULTS IN WHOLE OR IN PART FROM SUBSCRIBER'S FAILURE TO COMPLY WITH THESE TERMS OF SERVICE.

THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.

  • Privacy Policy. Spectrum will provide you with its Privacy Policy upon obtaining Service, and annually afterwards, or as required by law. You may view the most current version of our Privacy Policy at www.spectrum.com/privacy. The Privacy Policy describes how Spectrum may from time to time collect, use and disclose information about you and includes information as to your choices concerning the use of Customer Proprietary Network Information, use of cookies, use of location information, and other policies and rights concerning your use of Services. You agree that Spectrum may collect and disclose information concerning you and your use of Service in the manner and for the purposes set forth herein and in Spectrum's Privacy Policy. Changes in our Services or the law may cause us to make changes to our Privacy Policy from time to time. Spectrum will post any changes at www.spectrum.com/privacy, along with the effective date of the changes.

You are responsible for protecting the information required to access or make modifications to your account (for example, passwords, PINs, secret answers to security questions, etc.). If someone else acquires this information (through no fault of Spectrum), we will presume that you have authorized that use of the information and access to your account, including any charges related to account transactions, added services, the purchase of content, and/or access to programming, such as pay-per-view, for which you will be billed. You are also responsible for all privacy, security and other risks associated with providing personally identifiable information to third parties via the Service.

PLEASE READ THEM CAREFULLY TO ENSURE THAT SUBSCRIBER UNDERSTANDS EACH PROVISION. These Terms of Service require the use of arbitration to resolve disputes and otherwise limits the remedies available to Subscriber in the event of a dispute.

Spectrum and Subscriber agree to arbitrate all disputes and claims arising out of or relating to these Terms of Service, the Services, the Equipment, Licensed Software, or marketing of the Services Subscriber has received from Spectrum. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.

THESE TERMS OF SERVICE MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.

A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled "Notice of Intent to Arbitrate" ("Notice"). The Notice to Spectrum should be addressed to: VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131 ("Arbitration Notice Address"). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, Subscriber or Spectrum may commence an arbitration proceeding under these Terms of Service.

The arbitration shall be governed by the Consumer Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"),[Legal10.1] as modified by these Terms of Service, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at "www.adr.org," by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.

The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, scope, or enforceability of these arbitration provisions and these Terms of Service.

SPECTRUM SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR'S FEES REQUIRED BY THE AAA RULES OR OTHERWISE TO THE EXTENT REQUIRED UNDER APPLICABLE LAW TO RENDER THESE ARBITRATION PROVISIONS ENFORCEABLE.

If the arbitrator's award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act.

The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules.

SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND SPECTRUM ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.

Unless Spectrum and Subscriber agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish) of Subscriber's billing address.

To the fullest extent permitted under applicable law, the arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual's claim.

The parties agree that the arbitrator must give effect to the terms of these Terms of Service.

SUBSCRIBER AND SPECTRUM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION (AS DEFINED IN FEDERAL, STATE, OR ARBITRATION PROCEDURAL RULES), OR ANY OTHER FORM OF CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTIONS (COLLECTIVELY “MASS ACTION,” WHICH TERM INCLUDES, BUT IS NOT LIMITED TO, ANY ACTION IN WHICH TWENTY-FIVE OR MORE SIMILAR DEMANDS FOR ARBITRATION ARE FILED AGAINST SPECTRUM AND REPRESENTATION FOR THE PARTIES IS CONSISTENT OR COORDINATED ACROSS ALL CASES. THE TWENTY-FIVE OR MORE DEMANDS FOR ARBITRATION NEED NOT BE FILED SIMULTANEOUSLY.)

Furthermore, unless both Subscriber and Spectrum agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person's claims and may not otherwise preside over any form of representative, class or mass proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions, except for the waiver of right to a trial by judge or jury, shall be null and void and rendered of no further effect with respect to the specific claim at issue.

Right to Opt Out. If Subscriber does not wish to be bound by these arbitration provisions (other than the waiver of right to a trial by judge or jury), Subscriber must notify Spectrum in writing by sending a letter to Spectrum addressed to VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131, within 30 days of (a) the date that this provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber's written notification to Spectrum must include Subscriber's name, address, and Spectrum account number as well as a clear statement that Subscriber does not wish to resolve disputes with Spectrum under these arbitration provisions. Subscriber's decision to opt out of this arbitration provision will have no adverse effect on Subscriber's relationship with Spectrum or the delivery of Services to Subscriber by Spectrum. For the avoidance of doubt, Subscriber’s right to opt out from these arbitration provisions is prospective only and does not apply to previous periods. If Subscriber and Spectrum previously agreed to an arbitration agreement, an opt out from these arbitration provisions does not relieve either Subscriber or Spectrum from the obligation to arbitrate claims coming within the scope of that previous arbitration agreement.

Severability[Legal11.1]. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect; provided, however, that the Class Action and Mass Action waiver above may not be severed from these arbitration provisions.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS (INCLUDING THOSE WITH RESPECT TO WHICH SUBSCRIBER HAS OPTED OUT OF THESE ARBITRATION PROVISIONS), BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST PERMITTED UNDER APPLICABLE LAW, ANY TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR MASS ACTION.

For purposes of the foregoing sentence only, in the event such waiver or any part of it is found to be unenforceable, it shall be severed from these Terms of Service, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.

EXCLUSIONS[Legal12.1]. SUBSCRIBER AND SPECTRUM AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:

(1) ANY INDIVIDUAL ACTION BROUGHT BY SUBSCRIBER OR BY SPECTRUM ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.

(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY'S INTELLECTUAL PROPERTY RIGHTS.

(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.

For New York Video Subscribers. Subscriber may elect to resolve a dispute through the New York Public Service Commission in accordance with 16 NYCRR §890.709(a) and 16 NYCRR §709(c).

The foregoing arbitration provisions shall survive the termination of these Terms of Service.

This Section shall survive the termination of these Terms of Service.

  • Miscellaneous Terms

a. Force Majeure. Spectrum shall not be liable for any delay, interruption of Service, failure of performance or equipment of any kind (including Spectrum Equipment) due to causes beyond its control, including but not limited to: acts of God, fire, wildfire, flood, explosion, or other catastrophes; causes attributable to you, your equipment or your property; acts of third parties; loss of electrical power; loss of use of poles or other utility facilities; unavailability of rights-of-way or materials; any law, order, regulation, direction, action, or request of any federal, state or local government having or claiming jurisdiction over Spectrum, or of any civil or military authority; national emergencies, acts of terrorism, insurrection, riots or wars; or strikes, lock-outs, work stoppages, or other labor difficulties.

b. Notices. When these Terms of Service require notice from you to Spectrum, you agree to provide us with written notice to the address specified on your bill or as instructed on the Website or by calling us. Notice by calling us will be effective as of the date our records show that we received your call. Notices to you shall be provided as stated in Section 1(c) above.

c. Survival of Terms. Certain provisions will survive the termination of these Terms of Service including all representations, warranties, payment obligations, indemnifications, and limitations of liability. Spectrum's right to contact Subscriber shall also survive these Terms of Service unless Subscriber opts out in the manner described in these Terms of Service. All other obligations of Subscriber and Spectrum under these Terms of Service shall also survive termination if they relate to a period before termination or, if by their terms, they would be expected to survive such termination.

d. Severability. In the event that any provision of these Terms of Service is held to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be reformed and construed by limiting and reducing it so as to be enforceable to the maximum extent permitted by law in conformance with its original intent, and all other provisions shall remain in full force and effect.

e. Order of Precedence. Each Service shall be provisioned pursuant to these Terms of Service, including any applicable service schedules, policies, guides, and/or tariffs. To the extent there are conflicts or inconsistencies between or among any portions of the Terms of Service, the order of precedence with respect to such conflicts shall be: (i) these general terms and conditions, (ii) any applicable service schedule, and (iii) any policies or guides; provided, however, that if any portion of these Terms of Service are inconsistent with the terms of an applicable tariff, the tariff shall control with respect only to the Service offered under the tariff and these Terms of Service, including the arbitration provision set forth herein, shall supplement such tariff terms.

f. Entire Agreement. These Terms of Service (including all documents incorporated herein) constitute the entire agreement between the Subscriber and Spectrum for the Services. No prior agreement and no written or oral statement, advertisement, or Service description will contradict, explain or supplement it, including, without limitation, any representation or warranty made by an agent or representative of Spectrum in connection with the sale, installation, maintenance or removal of Spectrum's Services, Equipment or software. Spectrum’s failure to require your strict performance of any provision of these Terms of Service will not be a waiver of Spectrum’s right to require strict performance of any provision herein. No course of conduct between the parties or trade practice shall act to modify any provision of the Terms of Service. The original version of these Terms of Service is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the English version.

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