The terms cover all residential Spectrum services and pull in other posted policies and the Privacy Policy
The subscriber agrees to these Residential General Terms and Conditions of Service for all residential services provided by Spectrum. The document defines its "Terms of Service" as including all applicable terms of service and policies posted at www.spectrum.com/policies and Spectrum's Privacy Policy at www.spectrum.com/privacy, which are "incorporated herein by reference". Use of the Services is also subject to any license agreements for software used with the Services. The entire-agreement clause repeats that the agreement includes all documents incorporated in it. In practice, the rules that bind a subscriber are not only the words on this page: other posted policies and the Privacy Policy are part of the same bundle.
Supporting quotations
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.
These Terms of Service (including all documents incorporated herein) constitute the entire agreement
Qualifications & exceptions
The text applies to "residential services" provided by Spectrum; it does not list which services those are.
Only "applicable" posted policies are incorporated, and the text does not say which ones are applicable to a given subscriber.
The opening sentence is awkwardly drafted (it says the Services "include" the terms); the parenthetical "collectively, the Terms of Service" is the operative definition.
Not stated here
The policies posted at spectrum.com/policies and the Privacy Policy are linked but are not part of this saved text, so their contents are not analyzed here.
Which software license agreements apply is not identified.
Legal Rights & Agreement Rules · Context
"Spectrum" means Charter Communications Operating, LLC, its affiliates, and third parties it retains
Wherever these terms say "Spectrum", they mean Charter Communications Operating, LLC together with its parents, affiliates or subsidiaries that provide the Services to the subscriber, and also third parties that Spectrum may retain to provide the Services. This means obligations, permissions and liability limits that name "Spectrum" reach those related companies and retained third parties as well, to the extent the clause is worded to cover them.
Supporting quotations
“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.
Qualifications & exceptions
Affiliates and subsidiaries count only if they are "providing Subscriber the Services".
Third parties count only if Spectrum has retained them to provide the Services.
Not stated here
The text does not name any affiliate or retained third party.
A bold notice flags binding arbitration, a class and mass action waiver, a one-year claim limit and an opt-out right
A capitalized notice at the top says the terms contain (1) binding arbitration that includes a waiver of the right to bring class or mass actions, (2) a limit on bringing claims against Spectrum more than one year after the relevant events, and (3) a right to opt out of "the foregoing provisions". It says these provisions affect the subscriber's rights for all services and points to "SECTION 30" for details. The details appear later: the arbitration section, the one-year limitation period in the limitation of liability section, and a right to opt out of the arbitration provisions that is open for 30 days. The notice is a summary; the later clauses control the specific conditions.
Supporting quotations
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.
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)
Qualifications & exceptions
The notice says the opt-out covers "the foregoing provisions"; the opt-out clause itself speaks only of the arbitration provisions and excludes the jury-trial waiver, so it does not on its face mention the one-year limit.
The notice cites "SECTION 30", but the saved page numbers its sections 1 to 26 and the section headed ARBITRATION is number 25; no section 30 appears in the saved text.
Not stated here
Which section the number 30 was meant to point to is not stated in the text.
Subscriber accepts by signing, saying yes, activating service, opening equipment, or simply using or paying
The terms treat a subscriber as having accepted by any of five routes: a written or electronic signature; telling Spectrum electronically or orally of acceptance, authorization or consent; activating Service, Equipment or a Device; breaking the package or box seal of any Equipment or Device; or any use or payment of Service, Equipment or a Device. The document calls this a binding agreement. In practice, ordinary use of the service or breaking the seal on a box is enough; a signature is not required.
Supporting quotations
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.
This is a binding agreement
Qualifications & exceptions
The text lists five routes joined by "or", so any one of them is stated to be sufficient.
Not stated here
The text does not say what a subscriber can do if they have already broken a seal or paid but do not agree to the terms.
Legal Rights & Agreement Rules · Company practice
Spectrum may change the services or the terms; material changes get at least 30 days' notice by listed methods
Spectrum may modify the Services or these Terms of Service and says it will post changes at www.spectrum.com/policies. For material changes to the Services or the Terms of Service it will notify the subscriber at least 30 days in advance, or a longer period if the law requires, by e-mail, mail, hand delivery, a message in the monthly billing statement, or other lawful means. The subscriber agrees those methods are sufficient notice. In practice, a message in a bill can count as notice of a change. Together with the earlier statement that the subscriber should regularly consult www.spectrum.com/policies for updates, this puts some of the burden of keeping up with changes on the subscriber.
Supporting quotations
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.
Subscriber should regularly consult www.spectrum.com/policies for updates.
Qualifications & exceptions
The 30-day advance notice is stated for "material" changes; the text does not say how non-material changes are announced beyond posting.
The 30 days can be longer if applicable law requires.
Not stated here
The text does not define which changes are material.
Posting alone is stated for changes in general; whether a non-material change takes effect immediately is not stated.
Legal Rights & Agreement Rules · User right or choice
Disagreeing with a change: cancel the affected service, or continued use for over 30 days counts as acceptance
If the subscriber disagrees with a change to a Service or to these Terms of Service, the subscriber may cancel the affected Service without liability for any early termination fee, if there is one. However, continued use of the affected Service for more than 30 days after Spectrum delivers notice of the change is treated as acceptance of the change. In practice, staying silent while continuing to use the service is how acceptance happens; the way to avoid a change is to cancel the affected Service.
Supporting quotations
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)
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
Qualifications & exceptions
The release is from an early termination fee only; the text does not say it releases other charges, equipment obligations or amounts already owed.
The right applies to the "affected Service".
Not stated here
The text does not say how quickly a cancellation after a change must be made to avoid the early termination fee.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum may send legal notices about payments electronically, and the subscriber cannot revoke consent
The subscriber agrees that Spectrum may provide legal notices about the Electronic Payment Services, payments made and other relevant information related to payment transactions. The subscriber may not revoke the consent to receive these notices electronically.
Supporting quotations
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.
Qualifications & exceptions
The consent that cannot be revoked is stated for "such electronic notices" about Electronic Payment Services and payment transactions.
Not stated here
The text does not say which electronic channel is used (for example e-mail or the account portal).
Legal Rights & Agreement Rules · Restriction or exception
Spectrum is not responsible if events beyond its control prevent it from processing or receiving payments
Spectrum has no liability or responsibility for its inability to process or receive payments through the Electronic Payment Service when circumstances beyond its control prevent it from doing so.
Supporting quotations
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.
Qualifications & exceptions
The exclusion is limited to circumstances beyond Spectrum's control.
Not stated here
The text does not define what counts as beyond Spectrum's control here; a general force majeure clause appears elsewhere.
Legal Rights & Agreement Rules · Context
"Spectrum Property" and "Equipment" cover Spectrum-provided hardware and software; cable home wiring is carved out
Spectrum Property is all new or reconditioned equipment that Spectrum provides or leases to the subscriber, including cabling or wiring, electronic devices, modems, routers and other hardware. It also includes software and programs contained within Spectrum Equipment, downloaded to the subscriber by Spectrum, or downloaded by the subscriber as directed by Spectrum. The defined term "Equipment" covers all of this. The definition excepts "cable home wiring" as defined at 47 C.F.R. §76.804, and the term "Wiring" is introduced in parentheses right after that exception. Later clauses restrict "Equipment and Wiring" together.
Supporting quotations
Spectrum Property includes all new or reconditioned equipment that Spectrum provides or leases to you, including cabling or wiring (except for “cable home wiring” as defined at 47 C.F.R. §76.804 (“Wiring”)), electronic devices, modems, routers, and any other hardware
and includes all software and programs contained within Spectrum Equipment, downloaded to Subscriber by Spectrum or downloaded by Subscriber as directed by Spectrum (“Equipment”).
Qualifications & exceptions
The definition covers equipment Spectrum provides or leases; equipment the subscriber owns is addressed separately as Subscriber Property.
Cable home wiring as defined in the cited federal regulation is excepted from Spectrum-provided cabling or wiring in this definition.
The placement of the defined term "Wiring" is ambiguous: it follows the cable home wiring exception, so it may label the excepted wiring, yet other clauses treat "Equipment and Wiring" as things the subscriber must not move or tamper with.
Not stated here
The cited federal regulation (47 C.F.R. §76.804) is not part of the saved text, so what counts as cable home wiring is not shown here.
The text does not say who owns the "Wiring" or whether the rules on Equipment and Wiring apply to wiring the subscriber owns.
Legal Rights & Agreement Rules · Restriction or exception
No liability for interruptions from maintenance, network management, power outages or events beyond its control
Spectrum is not liable for any failure or interruption of Service resulting from maintenance, repairs, upgrades or testing; network management measures, including tracking, managing and ensuring the security and integrity of its network and Services; commercial power outages; or circumstances beyond Spectrum's reasonable control. Spectrum may give credit toward the recurring monthly subscription fee for qualifying Service outages only to the extent required under applicable law.
Supporting quotations
Spectrum shall not be liable for any failure or interruption of Service resulting from maintenance, repairs, upgrades, or testing; network management measures including tracking, managing, and ensuring the security and integrity of its network facilities and the Services; commercial power outages; or circumstances beyond Spectrum's reasonable control.
To the extent required under applicable law, Spectrum may give credit with respect to Subscriber's recurring monthly subscription fee for qualifying Service outages.
Qualifications & exceptions
Credit for outages is stated only "to the extent required under applicable law" and is described as something Spectrum "may" give.
The credit applies to the recurring monthly subscription fee for qualifying outages.
Not stated here
The text does not say which outages qualify or what the credit amount is.
Legal Rights & Agreement Rules · Restriction or exception
Equipment and wiring are provided "AS IS" and warranties are disclaimed unless law prohibits or restricts the disclaimer
All Equipment and Wiring are provided "AS IS", unless otherwise prohibited or restricted under applicable law. Spectrum specifically disclaims all express and implied warranties, including any implied warranties of merchantability, non-infringement, title and fitness for a specific purpose. The disclaimer sits beside the separate commitment to repair or replace defective Equipment.
Supporting quotations
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.
Qualifications & exceptions
The disclaimer applies unless applicable law prohibits or restricts it.
Not stated here
The text does not say how the "AS IS" disclaimer interacts with the repair-or-replace commitment in the previous sentences.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum is not liable for indirect or consequential damages from using its equipment or wiring
To the fullest extent permitted by applicable law, Spectrum is not liable for indirect, consequential, exemplary, special, incidental or punitive damages, including lost business, revenue, profits or goodwill, arising from the use, deployment or functionality of its Equipment or Wiring.
Supporting quotations
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.
Qualifications & exceptions
The exclusion applies "to the fullest extent permitted" by applicable law and is limited to damages arising from Equipment or Wiring.
Legal Rights & Agreement Rules · Restriction or exception
For damage caused by use of equipment or wiring, the only remedy is a refund of one billing cycle of equipment fees
Spectrum's sole obligation, and the subscriber's sole remedy, for any liability or damage caused by the subscriber's use or deployment of Equipment or Wiring is a refund of the fees the subscriber paid for that Equipment for the previous billing month or cycle. In practice, even a serious problem with leased Equipment is capped at roughly one month of the fees paid for that Equipment.
Supporting quotations
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.
Qualifications & exceptions
The remedy is a refund of fees paid for the Equipment for the previous billing month or cycle, not for the whole period of use.
Not stated here
The text does not say what happens if no separate fee is charged for the Equipment, so that there is nothing to refund.
Cross-references
contrast (model-proposed): The subscriber's exclusive remedy is to terminate the service or get defective equipment repaired or replaced — contrast: One clause makes a refund of the previous billing cycle's Equipment fees the sole remedy for damage from using Equipment or Wiring; the later clause makes the ability to terminate or obtain repair or replacement the exclusive remedy for breach. The remedies differ and the text does not say which controls where both could apply.
Legal Rights & Agreement Rules · Context
"Subscriber Property" covers the subscriber's own equipment, including devices bought from or conveyed by Spectrum
Apart from Spectrum's Equipment, Subscriber Property is all software, hardware, equipment, devices or services used in connection with the Services. It also includes equipment or devices the subscriber buys under a sales agreement with Spectrum (Subscriber Purchased Devices) and any device Spectrum conveys to the subscriber, either for a fee or at no cost (Conveyed Devices). A device that comes from Spectrum can therefore still be Subscriber Property.
Supporting quotations
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”).
Qualifications & exceptions
Equipment (Spectrum's provided or leased hardware and software) is excluded from Subscriber Property.
Not stated here
The text does not say when a Conveyed Device becomes the subscriber's property.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum disclaims support of subscriber property, content accessed through it, and third-party terms
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 a third party provides software or downloads. The subscriber acknowledges that it is solely responsible for all content accessed through Subscriber Property and that Spectrum has no liability for content available through it. Access to content and services from third-party providers may be subject to their own terms and policies, including privacy and data gathering policies, which the subscriber may have to accept separately. Spectrum disclaims any obligation or responsibility for those, and the subscriber is solely obligated to follow them when they apply.
Supporting quotations
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.
Qualifications & exceptions
The disclaimer applies even to devices that Spectrum sold or conveyed, when it or a third party provides software or downloads to them.
Not stated here
The third-party terms and policies are not part of this text, so what they say about privacy and data gathering is not shown here.
Legal Rights & Agreement Rules · Restriction or exception
Purchased and conveyed devices are "AS IS", and claims about them are between the subscriber and the manufacturer
Subscriber Purchased Devices and Conveyed Devices are provided "AS IS". Spectrum disclaims all claims arising from or associated with their failure, operability, performance, defects or damages, which the text says remain matters exclusively between the subscriber and the manufacturer of the device.
Supporting quotations
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.
Qualifications & exceptions
The disclaimer is stated for Subscriber Purchased Devices and Conveyed Devices only.
Not stated here
The text does not say how this disclaimer interacts with any warranty the manufacturer or a sales agreement may give.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum is not responsible for loss or impairment of service caused by the subscriber's own equipment or software
Spectrum is not responsible or liable for any loss or impairment of its Service due in whole or in part to a malfunction, defect or other cause by Subscriber Property, including Subscriber Purchased Devices and Conveyed Devices, or subscriber-provided equipment or software.
Supporting quotations
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.
Qualifications & exceptions
The exclusion applies where the loss or impairment is due "in whole or in part" to Subscriber Property.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum has no liability to the subscriber for terminating for bankruptcy or breach
If the terms are terminated for the bankruptcy or breach reasons above, Spectrum has no liability to the subscriber. Spectrum's failure to remove Equipment on termination is not abandonment of it.
Supporting quotations
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.
Qualifications & exceptions
The exclusion refers to termination under subsections (b) (bankruptcy) and (c) (breach).
Not stated here
The text does not say whether the exclusion covers refunds of amounts prepaid before termination.
Legal Rights & Agreement Rules · Company practice
Spectrum may seek compensation for breach in arbitration, or in court if opted out or seeking an order
If the subscriber breaches the terms, Spectrum has the right to seek compensation for the breach through arbitration, or in court if the subscriber has opted out of the arbitration provision or Spectrum is seeking an order requiring the subscriber to do or refrain from doing something. This sits alongside the arbitration section, which lists its own exclusions.
Supporting quotations
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.
Qualifications & exceptions
Court is available to Spectrum where the subscriber opted out or Spectrum seeks an order requiring or forbidding an action.
Not stated here
The arbitration section limits injunctive relief to an arbitrator's individual award; how that interacts with Spectrum going to court for an order is not stated here.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber must indemnify, defend and release Spectrum from claims about the relationship, Services or breach
If any person or entity brings a claim against Spectrum that arises out of the subscriber's relationship with Spectrum, the Services provided to the subscriber, the Terms of Service, or the subscriber's breach or failure to comply, the subscriber will indemnify, defend (at Spectrum's exclusive election) and release Spectrum, and reimburse Spectrum's losses including reasonable attorneys' fees and costs. This covers any dispute, whether in contract, tort (for example negligence or product liability), violation of law or regulation, or any other legal theory. A separate indemnification section lists further subjects.
Supporting quotations
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.
Qualifications & exceptions
The defense is provided "at Spectrum's exclusive election".
The trigger is a claim by any person or entity that arises out of the subscriber's relationship with Spectrum, the Services, the terms, or a breach; fault by Spectrum is not mentioned in this clause.
Not stated here
The text does not say whether the duty applies when Spectrum itself caused the harm; the separate indemnification section excludes damages caused by Spectrum Indemnitees' gross negligence or willful misconduct.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum disclaims liability for programs, content, information and products promoted or bought through the Services
Spectrum assumes no liability for any program, services, content or information distributed on or through the Services and expressly disclaims responsibility or liability for the subscriber's use of them. Spectrum also says it is not responsible for products, merchandise or prizes promoted or purchased through use of the Services.
Supporting quotations
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.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber must defend and indemnify Spectrum for losses from use, breach, negligence and content
The subscriber agrees to defend, indemnify and hold harmless Spectrum, including its officers, directors, employees, affiliates, subsidiaries and authorized agents (the Spectrum Indemnitees), from demands, claims, suits, judgments, expenses (including reasonable attorney or witness fees), loss, damage to or destruction of property, bodily injury or death, and other liabilities arising from: the subscriber's use, or other users' use, of Spectrum Services or Equipment; violation of the Terms of Service; the negligence, willful misconduct, violation of a third party's rights, or failure to comply with applicable law by the subscriber or any other person using the Services; and any content displayed, distributed or disseminated from use of the Services by the subscriber or anyone else using them. In practice, the obligation reaches things done by other people using the subscriber's service.
Supporting quotations
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;
Qualifications & exceptions
The obligation covers use by "other users" and by "any other person using the Services provided to Subscriber", not only the subscriber.
The indemnitees include Spectrum's officers, directors, employees, affiliates, subsidiaries and authorized agents.
Not stated here
The list continues in the following sub-clauses, and the exclusion in the last sub-clause is carded separately.
Legal Rights & Agreement Rules · Restriction or exception
The indemnity covers unauthorized, unlawful or fraudulent use of the Services, unless the law provides otherwise
The subscriber's indemnity also covers losses arising from unauthorized, unlawful or fraudulent use, or misuse of or access to, the Services, except as otherwise provided by applicable law.
Supporting quotations
f. unauthorized, unlawful, or fraudulent use, or misuse, of or access to the Services, except as otherwise provided by applicable law; and
Qualifications & exceptions
The sub-clause is subject to "except as otherwise provided by applicable law".
Not stated here
The text does not say whether this covers use by someone who obtained access without the subscriber's fault.
Legal Rights & Agreement Rules · Restriction or exception
The indemnity covers privacy claims linked to 911 or E911 features and voice services
The subscriber's indemnity also covers any infringement or invasion of any person's right of privacy caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition or use of 911 or E-911 service features and associated equipment, or by use of any Voice Services Spectrum furnishes in connection with 911 or E-911 service. This includes the telephone number, address or name associated with the telephone used to access 911 or E-911, and anything arising from the negligence or other wrongful act of the subscriber or any other person using the Services.
Supporting quotations
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.
Qualifications & exceptions
The sub-clause covers privacy claims that are "claimed" as well as proven, and causes that are direct or indirect.
The saved text shows a stray drafting tag, "[Legal6.1]", in the sentence.
Not stated here
The text does not say which Spectrum services include voice or 911 features.
Legal Rights & Agreement Rules · Restriction or exception
The indemnity excludes damages to the extent caused by Spectrum Indemnitees' gross negligence or willful misconduct
The defense and indemnity obligations exclude damages to the extent they are caused by the gross negligence or willful misconduct of the Spectrum Indemnitees. In this section this is the stated carve-out from the indemnity; it names gross negligence and willful misconduct and does not mention ordinary negligence.
Supporting quotations
h. The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the Spectrum Indemnitees.
Qualifications & exceptions
The exclusion applies "to the extent" the damages are caused by gross negligence or willful misconduct.
Not stated here
Whether other limits in the agreement restrict the indemnity for Spectrum's ordinary negligence is not stated in this sub-clause.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum is not liable for loss of services, and the subscriber agrees not to make claims for it
The subscriber agrees that the Spectrum Indemnitees are not liable for any damages or liability resulting from the loss of Services, and that the subscriber will not make claims or take actions against them for loss of Service.
Supporting quotations
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.
Qualifications & exceptions
The sub-clause is written without an exception for the cause of the loss.
Not stated here
The text does not say how this interacts with any outage credit Spectrum may give where applicable law requires it.
Legal Rights & Agreement Rules · Restriction or exception
The limitation of liability covers all claims, including 911 failures, and protects Spectrum's providers and suppliers
A capitalized sub-clause says the limitation of liability 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 the Terms of Service, of Spectrum and its third-party service providers, agents and suppliers, and each of their officers, employees, agents, contractors or representatives. The specific limits follow in the sub-clauses, including a one-year deadline to bring a claim.
Supporting quotations
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).
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.
Qualifications & exceptions
The clause applies to Spectrum and to its third-party service providers, agents and suppliers, and to their officers, employees, agents, contractors and representatives.
It expressly includes failure of 911/E911 service.
Not stated here
The specific limits (time bar, damages exclusions, caps) are in the following sub-clauses; this sub-clause only sets the scope.
Legal Rights & Agreement Rules · Restriction or exception
Any claim against Spectrum must be started within one year after it arises, or it is barred
Except as otherwise required under applicable law, any claim the subscriber may have against Spectrum must be commenced within one year after the claim arises. If the subscriber does not bring a claim within that period, the subscriber is barred from bringing it and Spectrum has no liability for it. The wording refers to claims "you" may have against Spectrum, and the top-of-page notice describes this as a limit on bringing claims more than one year after the relevant events. The saved text shows a stray drafting tag, "[Legal7.1]", in the heading of the sub-clause.
Supporting quotations
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.
Qualifications & exceptions
The one-year limit applies except as otherwise required under applicable law.
The sub-clause covers claims the subscriber may have against Spectrum; it does not state a matching time limit for Spectrum's claims.
Not stated here
The text does not say what "commenced" means (for example, filing a demand for arbitration) or whether the period is paused while the parties exchange the pre-arbitration notice.
Legal Rights & Agreement Rules · Restriction or exception
No liability for indirect, special, consequential, punitive or exemplary damages, including for stored files or data
To the fullest extent permitted by applicable law, Spectrum is under no circumstances liable to the 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 with them. This includes acts or omissions of third-party service providers, manufacturers of Subscriber Purchased Devices or Conveyed Devices, agents or subcontractors of Spectrum. It applies whether the claim is based on breach of warranty, contract, tort or any other legal theory, regardless of the causes and even if another remedy fails. The limitation section's scope statement extends it to Spectrum's providers and suppliers.
Supporting quotations
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
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.
OF SPECTRUM AND ITS THIRD PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES)
Qualifications & exceptions
The exclusion applies "to the fullest extent permitted under applicable law".
It covers loss of stored files or data and acts or omissions of third parties, manufacturers, agents and subcontractors.
Not stated here
The text does not say whether direct damages, which are not excluded here, are limited by the cap in the later paragraph.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum disclaims liability for property damage or injury from installation, use, support or directory errors
A capitalized paragraph says that under no circumstances will Spectrum be liable for damage to property or injury to any person arising from the installation, maintenance or removal of the Service, Equipment or Licensed Software; from use of the Services (including 911/E911 service) or any content in them; from support for the Services; or from inclusion, omission or error relating to information about the subscriber in any published or electronic directory Spectrum may offer. This paragraph does not itself contain the "to the fullest extent permitted" wording found in neighboring paragraphs.
Supporting quotations
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.
Qualifications & exceptions
The paragraph covers injury to any person and damage to property, and 911/E911 service is named.
Not stated here
The paragraph does not itself say whether applicable law can limit the exclusion; the agreement's other paragraphs mention applicable law in several places.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber's exclusive remedy is to terminate the service or get defective equipment repaired or replaced
To the fullest extent permitted by applicable law, Spectrum's entire liability and the customer's exclusive remedy for the use of the Services, or for any breach by Spectrum of its obligations under the terms or applicable law, is the customer's ability to terminate the Service or to obtain replacement or repair of any defective Equipment Spectrum provided. In jurisdictions that do not permit excluding certain warranties or limiting or excluding consequential or incidental damages, Spectrum's liability is limited to the maximum extent permitted by law.
Supporting quotations
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 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.
Qualifications & exceptions
The exclusive remedy applies to the extent permitted by applicable law.
The remedy is stated as the customer's "ability" to terminate or to obtain repair or replacement of defective Equipment.
Not stated here
The text uses both "Subscriber" and "Customer" and does not define "Customer"; it appears to mean the subscriber.
The equipment liability paragraph earlier states a different sole remedy, a refund of the previous billing cycle's Equipment fees; the text does not reconcile the two.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber may not bring any claim that results in whole or part from their own failure to comply with the terms
The subscriber agrees it cannot bring any claim whatsoever against Spectrum that results in whole or in part from the subscriber's own failure to comply with the Terms of Service.
Supporting quotations
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.
Qualifications & exceptions
The bar applies where the claim results "in whole or in part" from the subscriber's own non-compliance.
Not stated here
The text does not say who decides whether the subscriber failed to comply.
Legal Rights & Agreement Rules · Context
The limitation of liability section survives termination of the terms
The limitation of liability section survives the termination of the Terms of Service.
Supporting quotations
THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber bears the privacy and security risks of giving personal information to third parties via the Service
The subscriber is responsible for all privacy, security and other risks associated with providing personally identifiable information to third parties via the Service.
Supporting quotations
You are also responsible for all privacy, security and other risks associated with providing personally identifiable information to third parties via the Service.
Not stated here
The text does not name the third parties or say whether Spectrum's own handling of that information is covered by the Privacy Policy.
Legal Rights & Agreement Rules · Context
The arbitration section tells the subscriber to read carefully because it requires arbitration and limits remedies
The arbitration section opens by saying its provisions are important to the agreement between the subscriber and Spectrum regarding the Services, urges the subscriber to read them carefully, and says the Terms of Service require arbitration to resolve disputes and otherwise limit the remedies available to the subscriber in a dispute.
Supporting quotations
ARBITRATION. The following provisions are important with respect to the agreement between Subscriber and Spectrum regarding Spectrum's Services memorialized by these Terms of Service.
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.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum and the subscriber agree to arbitrate all disputes about the terms, Services, Equipment, software or marketing
Spectrum and the subscriber agree to arbitrate all disputes and claims arising out of or relating to the Terms of Service, the Services, the Equipment, Licensed Software, or marketing of the Services the subscriber has received from Spectrum. The agreement is subject to the exclusions later in the arbitration section and to the subscriber's right to opt out within 30 days.
Supporting quotations
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.
Qualifications & exceptions
The scope covers disputes about the terms, the Services, Equipment, Licensed Software and marketing the subscriber has received from Spectrum.
The scope is limited by the small claims allowance and the later exclusions, and by the opt-out right.
Not stated here
The text does not say whether disputes with Spectrum's affiliates or retained third parties are covered, although "Spectrum" is defined to include them.
Legal Rights & Agreement Rules · User right or choice
Either party may bring an individual action on any matter in small claims court
Notwithstanding the agreement to arbitrate, either Spectrum or the subscriber may bring an individual action on any matter or subject in small claims court. The later exclusions repeat this for individual actions within the jurisdiction of a court limited to small claims.
Supporting quotations
Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.
Qualifications & exceptions
The allowance is for an individual action, not a class or mass action.
Not stated here
The text does not set a dollar limit; small claims courts set their own limits.
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions
The terms state that they memorialize a transaction in interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.
Supporting quotations
THESE TERMS OF SERVICE MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.
Qualifications & exceptions
The statement applies to the arbitration provisions.
Not stated here
The text does not say what law governs the rest of the terms.
Legal Rights & Agreement Rules · Procedure
A written Notice of Intent to Arbitrate comes first; arbitration may start if unresolved after 30 days
A party who intends to seek arbitration must first send the other a written Notice of Intent to Arbitrate. A notice to Spectrum goes to the Arbitration Notice Address: VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131. The notice must describe the nature and basis of the claim or dispute and set out the specific relief sought. If the parties do not reach an agreement to resolve the claim within 30 days after the notice is received, either may commence an arbitration proceeding.
Supporting quotations
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.
Qualifications & exceptions
Arbitration may be commenced only after the written notice and a 30-day period without agreement.
The notice must describe the nature and basis of the claim and the specific relief sought.
Not stated here
The text gives only a mailing address for the notice to Spectrum and does not say whether other delivery methods are accepted.
The text does not address the notice address for a notice from Spectrum to the subscriber.
Legal Rights & Agreement Rules · Procedure
Arbitration follows the AAA Consumer Arbitration Rules as modified by the terms and is administered by the AAA
The arbitration is governed by the American Arbitration Association's Consumer Arbitration Rules (the AAA Rules), as modified by the Terms of Service, and is 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 saved text shows a stray drafting tag, "[Legal10.1]", in the sentence.
Supporting quotations
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.
Qualifications & exceptions
The AAA Rules apply "as modified by these Terms of Service", so the terms can override the AAA Rules.
Not stated here
The AAA Rules themselves are not part of the saved text, and the text does not list which rules the terms modify.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator alone decides interpretation, scope and enforceability of the arbitration provisions and terms
The arbitrator has the exclusive authority to resolve any dispute relating to the interpretation, applicability, scope or enforceability of the arbitration provisions and of the Terms of Service. A disagreement over whether a dispute must be arbitrated is therefore, under this wording, for the arbitrator rather than a court, subject to the small claims and other exclusions stated elsewhere.
Supporting quotations
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.
Qualifications & exceptions
The authority covers both the arbitration provisions and the Terms of Service as a whole.
Not stated here
The text does not say how this interacts with the class waiver paragraph, which says the entire arbitration provision is void if that paragraph is found unenforceable.
Legal Rights & Agreement Rules · Procedure
An award over $75,000 can be appealed to a three-arbitrator AAA panel within 30 days
If the arbitrator's award exceeds $75,000, either party may appeal it to a three-arbitrator panel administered by the AAA and selected under the AAA Rules, by filing a written notice of appeal within 30 days after the award is entered. The appealing party must give the other party a copy of the appeal at the same time as it submits the notice to the AAA. The panel must decide within 120 days of the notice of appeal, and its decision is final and binding, except for any appellate right that exists under the Federal Arbitration Act.
Supporting quotations
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 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.
Qualifications & exceptions
The appeal right applies only where the award exceeds $75,000.
The notice of appeal is due within 30 days after the award is entered.
Not stated here
The text does not say who bears the cost of the appeal panel.
Legal Rights & Agreement Rules · Procedure
The parties may agree that arbitration proceeds on documents only, by telephone, or in person
The parties may agree that the arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, by telephonic hearing, or by in-person hearing as established by the AAA rules.
Supporting quotations
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.
Qualifications & exceptions
The choice among these formats depends on agreement by the parties.
Legal Rights & Agreement Rules · Restriction or exception
The subscriber and Spectrum waive the right to a trial by judge or jury
By entering into the agreement, the subscriber and Spectrum waive the right to a trial by judge or jury. Later paragraphs repeat the jury waiver and say it remains even if the subscriber opts out of the arbitration provisions.
Supporting quotations
SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND SPECTRUM ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.
Qualifications & exceptions
The waiver is made by entering into the agreement.
Legal Rights & Agreement Rules · Procedure
Arbitration hearings are held in the county or parish of the subscriber's billing address unless agreed otherwise
Unless Spectrum and the subscriber agree otherwise in writing, all hearings in the arbitration take place in the county (or parish) of the subscriber's billing address.
Supporting quotations
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.
Qualifications & exceptions
A different location requires a written agreement between Spectrum and the subscriber.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator may award injunctive relief only for the party's individual claim and must give effect to the terms
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 that individual's claim. The parties agree the arbitrator must give effect to the terms of the Terms of Service.
Supporting quotations
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.
Qualifications & exceptions
The limit on injunctive relief applies to the fullest extent permitted under applicable law.
Not stated here
The text does not say how the limit applies to a request that would benefit other subscribers.
Legal Rights & Agreement Rules · Restriction or exception
Claims may only be brought individually: class, collective, representative, consolidated and mass actions are waived
A capitalized paragraph says the 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 action, together called a "Mass Action". The defined 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 need not be filed simultaneously.
Supporting quotations
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.)
Qualifications & exceptions
The definition of "Mass Action" is not limited to the examples given ("includes, but is not limited to").
The 25-demand test requires similar demands and consistent or coordinated representation, and the demands need not be filed at the same time.
Not stated here
The text does not say how the waiver applies to a public injunction or to a claim brought by a government agency.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator may not consolidate claims or preside over class or mass proceedings unless both agree in writing
Unless both the 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.
Supporting quotations
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.
Qualifications & exceptions
Both parties would have to agree in writing to lift the restriction.
Legal Rights & Agreement Rules · Restriction or exception
If the no-consolidation paragraph is unenforceable, arbitration (except the jury waiver) is void for that claim
If the no-consolidation paragraph is found to be unenforceable, the entirety of the arbitration provisions, except for the waiver of the right to a trial by judge or jury, is null and void and of no further effect with respect to the specific claim at issue. The severability paragraph that follows also provides that the class and mass action waiver itself cannot be severed.
Supporting quotations
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.
Qualifications & exceptions
The consequence applies to the specific claim at issue and leaves the jury trial waiver in place.
Not stated here
Which body decides whether the paragraph is unenforceable is not stated here; the arbitrator is given exclusive authority over enforceability elsewhere in the section.
Legal Rights & Agreement Rules · User right or choice
The subscriber may opt out of the arbitration provisions by letter within 30 days, with name, address and account number
A subscriber who does not wish to be bound by the arbitration provisions, other than the waiver of the right to a trial by judge or jury, must notify Spectrum in writing by sending a letter addressed to VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131. The letter must be sent within 30 days of (a) the date this provision becomes effective, for an existing customer, or (b) the date the subscriber first subscribes to the Service(s). It must include the subscriber's name, address and Spectrum account number and a clear statement that the subscriber does not wish to resolve disputes with Spectrum under the arbitration provisions.
Supporting quotations
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.
Qualifications & exceptions
The opt-out must be in writing and sent within 30 days of the stated dates.
The opt-out does not cover the waiver of the right to a trial by judge or jury.
The top-of-page notice describes the opt-out as covering "the foregoing provisions"; this clause covers the arbitration provisions only.
Not stated here
The text does not say how the effective date of this provision is communicated to an existing customer.
Legal Rights & Agreement Rules · Company commitment
Opting out has no adverse effect, applies only going forward, and does not cancel an earlier arbitration agreement
Spectrum states that the subscriber's decision to opt out of the arbitration provision will have no adverse effect on the subscriber's relationship with Spectrum or on delivery of the Services. The right to opt out is prospective only and does not apply to previous periods. If the subscriber and Spectrum previously agreed to an arbitration agreement, opting out of these arbitration provisions does not relieve either of the obligation to arbitrate claims within the scope of that earlier agreement.
Supporting quotations
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.
Qualifications & exceptions
The opt-out is prospective only and does not reach previous periods.
An earlier arbitration agreement between the parties continues to apply to claims within its scope.
Not stated here
The text does not identify any earlier arbitration agreement.
Legal Rights & Agreement Rules · Restriction or exception
Unenforceable arbitration clauses are severed, but the class and mass action waiver may not be severed
If any clause within the arbitration provisions is found to be illegal or unenforceable, that clause is severed and the rest of the arbitration provisions stay in full force. The exception is the Class Action and Mass Action waiver, which may not be severed from the arbitration provisions. The consolidation paragraph adds that if it is found unenforceable, the arbitration provisions, other than the jury trial waiver, become void for the specific claim at issue. The saved text shows a stray drafting tag, "[Legal11.1]", in the paragraph's heading.
Supporting quotations
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.
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.
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
Qualifications & exceptions
Severance applies to a clause found illegal or unenforceable, with the class and mass action waiver excluded from severance.
Not stated here
The text does not say what happens to the rest of the arbitration provisions if the class and mass action waiver is held unenforceable beyond the statements in the consolidation paragraph and the fallback waiver.
Legal Rights & Agreement Rules · Restriction or exception
If arbitration is unenforceable or a claim is excluded, both parties still waive jury trial and class or mass actions
Notwithstanding anything to the contrary, if some or all of the arbitration provisions are determined to be unenforceable for any reason, or if a claim is brought that is excluded from their scope (including claims for which the subscriber has opted out of the arbitration provisions), both parties agree to waive, to the fullest extent permitted under applicable law, any trial by jury and any right to participate in a class action or mass action. The opt-out clause itself leaves the jury trial waiver in place for opt-outs.
Supporting quotations
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.
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)
Qualifications & exceptions
The waivers apply to the fullest extent permitted under applicable law.
They cover claims excluded from arbitration and claims where the subscriber has opted out.
Not stated here
The text does not say how a court would handle a claim that is excluded from arbitration, such as one in small claims court, where no jury trial would normally be available.
Legal Rights & Agreement Rules · Restriction or exception
If the fallback waiver is found unenforceable, it is severed without affecting the rest of the arbitration provisions
For the preceding fallback waiver only, if the waiver or any part of it is found unenforceable, it is severed from the Terms of Service, rendered null and void and of no further effect, without affecting the rest of the arbitration provisions.
Supporting quotations
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.
Qualifications & exceptions
The severance applies to the fallback waiver only ("for purposes of the foregoing sentence only").
Legal Rights & Agreement Rules · Restriction or exception
Not subject to arbitration: small claims actions, intellectual property validity and unauthorized use of service
The subscriber and Spectrum agree that three kinds of claims or disputes are not subject to arbitration: (1) any individual action by the subscriber or Spectrum on any matter within the jurisdiction of a court limited to adjudicating small claims; (2) any dispute over the validity of any party's intellectual property rights; and (3) any dispute related to or arising from allegations associated with unauthorized use or receipt of service. The third exclusion is worded broadly and is not limited to either party's claims. The saved text shows a stray drafting tag, "[Legal12.1]", after the heading.
Supporting quotations
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.
Qualifications & exceptions
Exclusion (1) applies only to individual actions within a small claims court's jurisdiction.
Exclusion (3) covers any dispute related to allegations of unauthorized use or receipt of service.
Not stated here
The text does not say which court hears excluded disputes.
Legal Rights & Agreement Rules · User right or choice
New York video subscribers may elect to resolve a dispute through the New York Public Service Commission
For New York video subscribers, the 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).
Supporting quotations
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).
Qualifications & exceptions
The option is stated for New York video subscribers only.
The citations are to state regulations that are not part of the saved text.
Not stated here
The text does not say how the election is made or whether it overrides the agreement to arbitrate.
The arbitration provisions and their section survive termination of the terms
The arbitration provisions, and the arbitration section, survive the termination of the Terms of Service.
Supporting quotations
The foregoing arbitration provisions shall survive the termination of these Terms of Service.
This Section shall survive the termination of these Terms of Service.
Legal Rights & Agreement Rules · Restriction or exception
Spectrum is not liable for delays, interruptions or failures from causes beyond its control (force majeure)
Spectrum is not liable for any delay, interruption of Service, or failure of performance or equipment of any kind (including Spectrum Equipment) due to causes beyond its control. The listed causes include acts of God, fire, wildfire, flood, explosion or other catastrophes; causes attributable to the subscriber, the subscriber's equipment or 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; government laws, orders or requests; national emergencies, terrorism, insurrection, riots or wars; and strikes, lock-outs, work stoppages or other labor difficulties.
Supporting quotations
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.
Qualifications & exceptions
The list is introduced by "including but not limited to", so other causes beyond Spectrum's control are covered too.
The list includes causes attributable to the subscriber, the subscriber's equipment or property, and acts of third parties.
Not stated here
The text does not say whether Spectrum must restore service within a set time or give any credit after such an event.
Legal Rights & Agreement Rules · Procedure
Notices from the subscriber go in writing to the address on the bill or as instructed on the Website, or by calling
When the terms require notice from the subscriber to Spectrum, the subscriber agrees to give written notice to the address specified on the bill, or as instructed on the Website, or by calling Spectrum. Notice by calling is effective as of the date Spectrum's records show it received the call. This is separate from the specific addresses given for arbitration notices and for opt-out letters.
Supporting quotations
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.
Qualifications & exceptions
A phone notice is effective on the date Spectrum's own records show the call was received.
Not stated here
The text does not define "the Website" or say how a subscriber can check Spectrum's call records.
Legal Rights & Agreement Rules · Procedure
Notices to the subscriber are given by the methods stated in Section 1(c) above
Notices to the subscriber are provided as stated in "Section 1(c) above". The earlier subsection headed "Service Modifications; Notices" (lettered c in the first numbered section, Introduction) lists e-mail, mail, hand delivery, a message in the monthly billing statement or other lawful means for material changes.
Supporting quotations
Notices to you shall be provided as stated in Section 1(c) above.
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.
Qualifications & exceptions
The cross-reference is to Section 1(c); the saved page's numbering lists Introduction as section 1 and subsection c as "Service Modifications; Notices", although the numbers are not part of the block text.
Not stated here
Section 1(c) itself addresses notice of material changes; the text does not say whether the same methods apply to other kinds of notices.
Representations, warranties, payment obligations, indemnification and limits of liability survive termination
Certain provisions survive termination of the Terms of Service, including all representations, warranties, payment obligations, indemnifications and limitations of liability. All other obligations of the subscriber and Spectrum also survive termination if they relate to a period before termination or, by their terms, would be expected to survive.
Supporting quotations
Certain provisions will survive the termination of these Terms of Service including all representations, warranties, payment obligations, indemnifications, and limitations of liability.
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.
Qualifications & exceptions
Other obligations survive if they relate to a period before termination or would by their terms be expected to survive.
Legal Rights & Agreement Rules · Context
An invalid provision is reformed to be enforceable to the maximum extent allowed; the rest of the terms stay in effect
If any provision of the Terms of Service is held invalid, illegal or unenforceable, it is 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 remain in full force and effect. The arbitration section has its own severability paragraph.
Supporting quotations
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.
Qualifications & exceptions
The reformation applies to provisions of the Terms of Service in general; the arbitration provisions have their own severability paragraph.
Legal Rights & Agreement Rules · Context
Order of precedence: general terms, then service schedules, then policies; a tariff controls only its own service
Each Service is provisioned under the Terms of Service, including any applicable service schedules, policies, guides and tariffs. If the parts of the Terms of Service conflict, the order of precedence is (i) these general terms and conditions, (ii) any applicable service schedule, and (iii) any policies or guides. If any part is inconsistent with the terms of an applicable tariff, the tariff controls only for the Service offered under that tariff, and these Terms of Service, including the arbitration provision, supplement the tariff terms.
Supporting quotations
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.
Qualifications & exceptions
The ranking puts these general terms above service schedules, policies and guides.
A tariff controls only for the Service offered under the tariff, and the terms supplement it.
Not stated here
The service schedules, policies, guides and tariffs are not part of this saved text, so which of them apply to a given subscriber is not shown here.
Legal Rights & Agreement Rules · Restriction or exception
The terms and incorporated documents are the entire agreement; prior statements and advertising do not change them
The Terms of Service, including all documents incorporated in them, are 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. This expressly includes any representation or warranty made by a Spectrum agent or representative in connection with the sale, installation, maintenance or removal of Spectrum's Services, Equipment or software. In practice, a promise made by a salesperson or in an advertisement is not part of the agreement unless it is in these terms or the documents they incorporate.
Supporting quotations
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.
which are incorporated herein by reference (collectively, the “Terms of Service”)
Qualifications & exceptions
The entire agreement includes documents incorporated by reference, such as the posted policies and the Privacy Policy.
The exclusion covers prior agreements and written or oral statements, advertisements and Service descriptions.
Not stated here
The incorporated documents are not part of this saved text, and the text does not say whether service schedules or order documents signed at sale are among them.
Legal Rights & Agreement Rules · Restriction or exception
Not insisting on strict performance is no waiver by Spectrum, and conduct or trade practice does not modify the terms
Spectrum's failure to require the subscriber's strict performance of any provision is not a waiver of its right to require strict performance of any provision. No course of conduct between the parties and no trade practice modifies any provision of the Terms of Service.
Supporting quotations
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.
Qualifications & exceptions
The waiver language protects Spectrum's rights; the sentence does not say that the subscriber's failure to insist is also not a waiver.
Legal Rights & Agreement Rules · Context
The English version is the original, and conflicts with other-language versions are resolved by the English version
The original version of the Terms of Service is in English. Any discrepancy or conflict between the English version and any other language version is resolved by reference to, and by interpreting, the English version.
Supporting quotations
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.