Residential Customer Service Agreement
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Effective Date: February 1, 2019 (v.5)
WE ADVISE YOU TO READ THIS AGREEMENT CAREFULLY INCLUDING THE ADDENDUMS FOUND AT THE END OF THIS AGREEMENT APPLICABLE TO THE INDIVIDUAL SERVICES. ALL OF THESE TERMS AFFECT YOUR LEGAL RIGHTS BY, AMONG OTHER THINGS, LIMITING COX’S LIABILITY AND REQUIRING MANDATORY ARBITRATION OF DISPUTES. YOU MAY OPT-OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE PROCEDURE DESCRIBED IN SECTION 4.
This Residential Customer Service Agreement (“Agreement”) sets forth the terms and conditions under which CoxCom, LLC or one or more of its subsidiaries or affiliates authorized by applicable regulatory, franchise or license authority (each subsidiary hereafter “Cox”) agrees to provide Services (as defined below) to you, and under which you, the Customer, agree to accept the Service. In this Agreement, “you” and “your” mean the “Customer” who subscribes to, uses, has access to or receives one or more Services or Cox Equipment (as defined below). “Cox,” “we,” “our,” and “us” means the Cox entity that is providing you with Service. Cox Services include but are not limited to residential cable television service (“Cox Video”), high speed Internet service, including Cox Wi-Fi (“Cox Internet” or “CHSI”), local/intrastate telecommunications service (“Cox Local Telephone”) and associated features or applications, state-to-state and international wireline telecommunications service, and other applications that permit you to access certain Cox Video services, which may include your ability to access over-the-top video content via the Internet, or calling and other features using a broadband connection (“Mobility Applications”) (“Cox Long Distance Telephone”; Cox Local Telephone, Cox Long Distance Telephone and “Mobility Applications” are collectively referred to herein as “Cox Phone”), (Cox Video, Cox Internet and Cox Phone are collectively referred to in this Agreement as the “Service” or “Services”). The Services defined in this Agreement do not include any other services provided by Cox or its affiliates (for example, Cox Homelifesm security, automation and other services) or services provided by Cox to commercial customers, which may be governed by one or more separate agreements. Subject to Section 17(f), this Agreement shall remain in effect at all times you are subscribed to and/or receive the Service(s), to include following any changes you or Cox make to the Service(s) you receive or to the Cox Equipment, Customer Equipment or other equipment (as defined in Sections 6 and 7 below) you use.
A. Our Agreement:
You will be bound by the terms and conditions in this Agreement applicable to the Services provided, including the additional terms and conditions contained in the Addenda to this Agreement related to Cox Video, Cox Internet and Cox Phone. The Services are also subject to the Annual Privacy Notice (“Customer Privacy Notice”) and as applicable, the Annual Customer Notice -Video Service Information and the Cox Internet Acceptable Use Policy (“AUP”). You will receive the Customer Privacy Notice and the Annual Customer Notice each year from Cox. These Notices and the AUP are posted on the Cox Website at www.cox.com or at another URL Cox may designate from time to time (“Cox Website”). Your use of the Services is also subject to any license agreements relating to any software used in connection with the Services. This Agreement incorporates by reference the terms and conditions of all other service agreements, tariffs and other documents applicable to the Cox Services including without limitation: (i) the Customer Privacy Notice, (ii) the Annual Customer Notice, (iii) if you subscribe to Cox Local Telephone Service, the terms and conditions contained in your state tariff or state Telephone Service Guide, as applicable, and (iv) if you subscribe to Cox Internet, the Acceptable Use Policy. Each Service is provided subject to federal, state and local laws, statutes, regulations, and ordinances applicable to such Service (“Applicable Law”).
B. Minimum Term Service Agreements:
If you have entered into an Agreement with Cox for a minimum term for services (for example, a 12, 18 or 24 month Agreement) (“Minimum Term Agreement”) the terms and conditions of this Agreement are incorporated by reference into the Minimum Term Agreement. To the extent any term or condition of your Minimum Term Agreement expressly conflicts with any term or condition of this Agreement, your Minimum Term Agreement will govern.
C. Entire Agreement:
This Agreement and all of the documents specifically incorporated herein constitute the entire Agreement between you and Cox for the Services. No prior agreement and no written or oral statement, advertisement, or Service description will contradict, explain or supplement it.
D. Acceptance of Agreement:
Your Agreement with Cox starts when you accept and continues until your subscription to the Services is terminated, except as otherwise stated herein. Certain provisions of this Agreement will survive termination. You accept this Agreement when you first do any of the following (“Acceptance”) upon or after the Effective Date of this Agreement: (i) sign this Agreement by written or electronic signature, (ii) inform us electronically or orally of your acceptance of this Agreement, (iii) activate any Service provided under this Agreement through a method provided by Cox, or (iv) use or pay for, in whole or in part, your Service.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO ITS TERMS AND CONDITIONS AND THE RATES AND CHARGES AS LISTED ON THE COX WEBSITE, IN YOUR WELCOME KIT, ON YOUR TRANSACTION SUMMARY OR, IF APPLICABLE, THE APPLICABLE TARIFFS ON FILE AT STATE AND FEDERAL REGULATORY AGENCIES AND/OR SERVICE GUIDES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, DO NOT USE THE SERVICES AND IMMEDIATELY TERMINATE YOUR SUBSCRIPTION TO THE SERVICES AND THIS AGREEMENT BY CALLING COX AT THE CUSTOMER SERVICE NUMBER ON YOUR BILL OR ON COX.COM AND RETURN ALL COX EQUIPMENT, SOFTWARE, AND ASSOCIATED MATERIALS TO COX.
E. Changes to the Agreement or Service:
Cox reserves the right to modify any of the terms and conditions of this Agreement including any aspect of the Services in its sole discretion at any time with or without notice. Such changes may include for example, changes to rates, the rate plan structure, or payment policies for the Services, rearrangement, deletion or addition of programming, changes to the features and content of the Services, configuration and capacity of Services, changes in the features, functionality and technical requirements for Cox Equipment and Customer Equipment, use of vendors to provide Services, limitations of liability, procedures for disputes and policies for termination. In order to receive the Services, you may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
F. Notice of Material Changes:
Cox will provide you with written notice of any changes that we determine are material to your Services or this Agreement consistent with Applicable Law. You agree that we may provide you with such written notice (i) by sending it via U.S. Mail or commercial overnight mail to your last known billing address in Cox’s account records, (ii) by including the notice on or with your Cox bill, (iii) by sending notice to your email address on Cox’s account records, (iv) by hand delivery, or (v) by other lawful means, and you agree that any of the foregoing will constitute sufficient notice and you waive any claims that these forms of notice are insufficient or ineffective. All such changes will become effective as of the date specified on the written notice and will be posted on the Cox Website and you agree to regularly check your postal mail, e-mail and all postings on the Website or another website about which you have been notified or you bear the risk of failing to do so. The updated version of this Agreement on the Cox Website will supersede any prior version of this Agreement. You agree that your sole recourse if you do not accept any such material change to your Services or this Agreement is to terminate this Agreement within thirty (30) days of our notice to you. If you receive services under a Price Lock Guarantee or other Minimum Term Agreement that requires you to pay an early termination fee and you terminate Services subject to that Minimum Term Agreement as provided in this Agreement upon express written notice from us of a material change in this agreement, you will not be charged an early termination fee under that Minimum Term agreement. Your continued use of the Services after such thirty (30) day period will constitute your Acceptance of this Agreement as modified.
G. Copy of Agreement or Rates:
A copy of this Agreement and the rates for the Services may be obtained by visiting the Cox Website or the Cox office listed on your monthly Cox bill. In addition, Cox Local Telephone Service is provided to you, depending on the state where you receive service, pursuant to our tariffs on file with state public utilities commissions or a state Telephone Service Guide which can be found at www.cox.com/phone tariffs.
H. Your Subscription:
You represent to Cox that you are at least 18 years old or the age of majority in your state. Your Acceptance of this Agreement entitles you to use the Services. Your use of the Services is personal to you. If you permit other persons to use the Services, you agree that you are solely responsible and liable for any and all breaches of this Agreement, whether such breach results from your use or use by another person using the Services provided to you, Cox Equipment, or Licensed Software. You are responsible for contacting the Cox customer service number listed on your monthly Cox bill immediately upon the occurrence of any change in the status of your account, such as, without limitation, a change in individuals authorized to use your account (“Authorized Users”), any changes to your contact information such as name, email address, wireline or wireless phone number, or if you move or any of your Services become subject to a bulk agreement. You agree to keep your contact information, including email address or contact telephone number, up to date and current.
I. Consent to Contact You:
In order to contact you more efficiently, Cox and our affiliates may at times contact you using autodialer technology, prerecorded or artificial voice message calls, or text messages at the telephone number(s) you have provided us. By providing a mobile phone number, you confirm that you are the current owner/subscriber of the mobile phone number provided or that the current owner/subscriber of this mobile phone number authorized you to provide this number (collectively, “Current Owner”) to Cox. You understand that by providing this mobile phone number, the Current Owner consents to being contacted by Cox and our affiliates at the mobile number provided. You agree to notify us immediately if there is any change in the information that you have provided to us, including without limitation any change in your telephone number or mobile telephone number. Failure to do so is a breach of this Agreement. You agree that we and our service providers or agents may place such calls, pre-recorded messages, or texts to communicate with you about your account, service(s) and equipment, and service agreements, including (but not limited to): (i) providing notices related thereto, (ii) resolving technical or billing issues, (iii) informing of installation or other service appointments, (iv) data usage, (v) investigating or preventing fraud, and/or (vi) collecting a debt or outstanding balance (“Informational Communications”). Also, we may share your phone number(s) with such service providers or agents whom we hire to assist us in carrying out these Informational Communications, but we will not share your phone number(s) with any third parties for their own purposes without your consent. Applicable standard telephone minute, data and/or text charges may apply. We and our service providers or agents, however, will not use autodialer technology, or texts to contact you for marketing purposes at the wireless telephone number(s) you designate nor send you prerecorded or artificial voice message marketing calls at the wireless or landline telephone number(s) you designate unless we receive your prior express written consent as required under federal law. Prior express written consent is not required in order to obtain or use Cox’s products and services or to receive Informational Communications from Cox. You agree that you shall indemnify, defend and hold us harmless from any claim or liability resulting from your failure to notify us of a change in the information you have provided, including any claim or liability under the Telephone Consumer Protection Act (47 U.S.C. Sec. 227), and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.
A. Credit Checks:
In accordance with Applicable Law, Cox will rely on credit bureau reports, other data available from commercial credit reference services, any credit information you furnish, or internal credit information to determine whether or not to provide Services to you, to continue to provide Services to you or whether or not a deposit is required. You expressly authorize Cox to make inquiries and to receive information about your credit experience from others, to enter this information in your file, and to disclose this information concerning you to appropriate third parties for reasonable business purposes.
As permitted by Applicable Law, based on the information we received from the credit reporting agency, credit information you furnish, or internal credit information, and our assessment of the risk associated with that information, Cox Communications may require a deposit from you before providing services or an increase in any deposit for any Service already provided to you. 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 will vary. The deposit will remain on your account for up to 12 months or longer, depending upon your payment performance and Applicable Law. The deposit may be refunded to you or applied as a credit to your bill in accordance with Applicable Law. Upon termination of Service, the deposit will be posted to your account and applied to any unpaid balance for any Service. If there is no balance, you will be refunded the amount of the deposit. Except if required by law, regulation, franchising authority or any applicable tariff, no interest will be paid on deposits.
A. Charges, Taxes and Fees:
1. Charges and Rates:
You agree to pay by the due date on your Cox bill all charges associated with the Services and Cox Equipment and that you or anyone using your account or services incurs including without limitation all recurring and non-recurring fees. Non-recurring charges may include but are not limited to (i) installation, activation, and reactivation fees, (ii) certain equipment fees (iii) charges for pay-per-use services such as pay-per-view, OnDemand, events and adult programming, (iv) charges for certain premium channels or tiers, (v) data usage or overage charges, or (vi) charges for telephone features or phone usage charges such as, per-minute long distance calls, directory assistance, or operator-assisted calls. Rates and charges may vary depending upon the Services rendered and Cox may change the rates for the Services and Cox Equipment from time to time. If you received Service(s) under a promotion, after the promotional period ends, the then-current regular retail rate for the Service(s) will apply. The retail rates for Cox Services and Cox Equipment may be found on the Cox Website, in your Welcome Kit, by calling your local Cox office, visiting your local Cox retail store, or, for phone, in the applicable tariff or state Telephone Service Guide. All fees do not apply to all Services.
2. Governmental Taxes and Fees:
You must pay all federal, state and local taxes, franchise fees and any other fees or payment obligations imposed by government or quasi-governmental bodies however described, levied or assessed which are applicable to the Services or Cox Equipment we provide you. Unless required by Applicable Law, we may elect not to provide notice of a change in fees or taxes. You will be responsible for paying any government imposed Surcharges that become applicable retroactively.
3. Other Cox or Third Party Surcharges and Fees:
You must pay all other Cox imposed surcharges and fees we may assess in connection with the Services or the Cox Equipment (collectively “Surcharges”). These Surcharges may include, but are not limited to, the Broadcast Surcharge, Regional Sports Surcharge, federal Universal Service fees, telecommunications relay service fees, carrier cost recovery fees, FCC Access Fees, subscriber line charges, network interface fees, network access charges; and any other regulatory and administrative costs we incur to provide the Services and comply with governmental programs. These Surcharges are not government mandated fees or taxes but are charges that are either allowed to be passed through by governmental agencies or are imposed by Cox in order to facilitate the provision of the Services or the Cox Equipment. A description of some or all of these surcharges and fees may be found on cox.com under Billing and Account Support. Additionally, certain network providers may assess per minute surcharges or fees for calls that terminate to international wireless telephone numbers or additional surcharges or fees for traffic termination, which may impact the amount of Surcharges charged to you in Cox providing the Service (“Phone Surcharges”). The amount and type of these Phone Surcharges may vary depending upon the location of your Premises. Certain Surcharges, including some Phone Surcharges, may occur or fluctuate according to amounts or limits set by the government that Cox may pass through to you. Cox may not always provide advance notice if those changes cause adjustments in the amount of the Surcharges charged to you.
4. Third-Party Charges That Are Your Responsibility:
You acknowledge that you may incur charges with third-party providers such as for accessing on-line services, calling parties who charge for their telephone-based services, purchasing or subscribing to other offerings via the Internet, or interactive options on your video service that are separate and apart from amounts charged by us. You are solely responsible for all such charges payable to third parties, including all applicable taxes, fees or surcharges. In addition, you are solely responsible for protecting the security of credit card, debit card, other financial information, or other personal information provided to others in connection with such transactions. You have the ability to block third party phone charges, such as collect and operator assisted calls. Please call Cox Customer Care if you would like to block these third party charges.
5. Unreturned Equipment Charges:
If you upgrade, downgrade, disconnect or swap-out Cox Equipment related to any Cox Service and do not promptly return the Cox Equipment or if it is returned damaged (“Unreturned Equipment”), the damages Cox will incur will be difficult to ascertain. Therefore, Cox may charge your account for each Unreturned Equipment piece, a one-time Unreturned Equipment Charge as liquidated damages in an amount equal to Cox’s reasonable estimates of the replacement costs and incidental costs that Cox incurs; provided, however, that such amount will not exceed the maximum amount permitted by law or the replacement cost of the Cox Equipment. If you return your Cox Equipment to Cox by mail, you will be responsible for (i) any damage to the Cox Equipment as assessed by Cox upon receipt, (ii) the replacement cost of such Cox Equipment if it is lost or damaged during transit, and (iii) shipping/handling costs, unless Cox provides written notice in advance that it will pay such costs.
6. Unauthorized and Disputed Charges:
If you do not agree with a charge on your bill or you believe it is an unauthorized charge you must (i) pay undisputed amounts by the due date listed on your bill and (ii) notify Cox no later than sixty (60) days after the date of the bill (or such later date as required by law) of the disputed or unauthorized charges by calling or writing to us at the number and address specified on your bill and submit any documentation or other information to substantiate your claim of unauthorized charges. You waive any disputes or credits that you do not report within this 60 day period. Cox will investigate any disputed charges and will use reasonable efforts to advise you of the results of our investigation within thirty (30) days after Cox’s receipt of your notice of dispute. Cox may, in its sole discretion, waive such charges. You will be responsible for charges or other obligations or liabilities associated with any improper, illegal or unauthorized use of the Services, Licensed Software and Cox Equipment as described in Section 13 below.
B. Payments and Billings:
1. Authorized Payment Methods:
All payments must be made in U.S. currency only and via Cox-authorized payment channels. Cox-authorized payment methods include: (i) mailing payment to the bill payment address listed on your monthly bill; (ii) automated electronic drafts from your checking account; (iii) delivering cash, a check or money order payable to Cox, or paying by credit or debit card at a Cox retail store; (iv) delivering cash, a check or money order payable to Cox, or paying by credit or debit card at a Cox-authorized payment center (which may charge a convenience fee); (v) providing a credit or debit card payment to a Cox customer service representative or Cox authorized automated payment system over the telephone; or (vi) paying by credit or debit card through the Cox website. You agree not to make any notations or restrictions on your checks or on other forms for payment such as “paid in full” and you agree that any such restriction has no legal effect. If you use a credit or debit card to pay for any charges, taxes, fees or Surcharges, you acknowledge that use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as a cardholder. If Cox does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.
2. Billing and Late Payments:
Unless you are subject to a Minimum Term Agreement, Service(s) are provided to you on a month-to-month basis. Recurring charges and taxes are due in advance once Service is initiated. Charges accrue through a full billing period. Cox may prorate or adjust a bill if the billing period covers less than or more than a full month (for this purpose, each month is considered to have 30 days); unless you subscribe to a pay-as-you-go service which is not prorated and is billed for a full month. We will determine the billing period and may change the billing period from time to time. Cox will determine and may change the billing format from time to time. You may be billed for some Service(s) individually after they have been provided to you, including without limitation measured and per-call charges, operator-assisted or directory assistance charges, charges for pay-per-view or On Demand movies or events, data usage overage charges and one time charges such as service call charges. If you fail to make full payment by the payment due date set forth on your bill statement, Cox reserves all rights it may have, subject to Applicable Law, to terminate Service or place the Service(s) in Soft Disconnection, remove Cox Equipment, collect the full amount due, including, without limitation, any applicable interest, costs of collection (including attorneys’ fees and third party agent collection fees), late fees (subject to state law and regulations), door collection fees, bank fees and any other applicable fees, charges or payments. Any balance amount that remains delinquent may be referred to a third party for collections. Once the debt is referred to a third party for collection, you may be subject to and agree to reimburse Cox for additional fees, including reasonable attorneys’ fees, and fees related to costs and expenses, which may be based on a percentage of up to 25% of the balance owed (subject to state law and regulations). For past due balances assigned to a field collector for payment, a fee of up to $25.00, or up to the maximum amount allowed by law or regulation, will be charged to your Cox account, regardless of how you make your payment. You may be required to pay a reactivation or reinstallation fee and/or a deposit in addition to all past dues charges before Service may be reconnected or restored.
3. Returned Payment:
If your payment by check is returned, your payment via credit card is denied, or your electronic funds transfer is denied due to insufficient funds, or a closed account, you authorize Cox to make a one-time electronic fund transfer from your account to collect the amount of the payment plus any applicable returned payment fees of up to $25.00 or up to the maximum amount allowed by law or regulation. When payment is made by credit or bank card, the payment may also be subject to the terms and conditions required by the bank or credit card issuer.
4. Soft Disconnection:
If your account has been delinquent or if Cox has a reason to believe you have otherwise violated this Agreement, subject to Applicable Law, you may be prevented from using certain of your Services including, for Cox Phone customers from making outbound calls except to 911 and Cox Customer Care (“Soft Disconnection”) prior to full termination of service. This restriction will be lifted once you have made acceptable payments to us or otherwise meet Cox’s minimum financial requirements, or you have communicated with Cox Customer Care and resolved any concerns about your account, Services or compliance with the terms of this Agreement.
5. Stored Payment Methods:
If you provide Cox with any account information, such as your bank account and routing numbers or your credit or debit card details, we may store that information and use it to administer your account, confirm charges, detect and prevent fraud, verify your identity, process payments to your account that you request in the future by telephone, mobile app, internet, or otherwise, and comply with applicable data security protocols, including but not limited to the Payment Card Industry Data Security Standard. Additionally, Cox may, without prior notice to you, use your stored account information to initiate credit or debit entries to your account as necessary to correct any mistakes or amendments in billing, payments, or collection.
IF YOU FOLLOW THE PROCEDURES SET FORTH IN SECTION 4(b) BELOW, YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER) WITHIN 30 DAYS OF THE EFFECTIVE DATEOF THIS AGREEMENT; PROVIDED HOWEVER IF YOU BECOME A NEW COX CUSTOMER AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER) WITHIN 30 DAYS OF YOUR ACCEPTANCE OF THIS AGREEMENT AS DEFINED IN SECTION 1(d) ABOVE (THE “OPT-OUT PERIOD”). OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH COX THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
A. YOU AND COX AGREE TO ARBITRATE — RATHER THAN LITIGATE IN COURT —
any and all claims, disputes, or controversies between you and Cox, including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of Cox, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort) or other legal or equitable theory (“Dispute”) that arise out of or in any way relate to this Agreement, any of the Services provided under this Agreement or any other Services or products that Cox provides to you in connection with this Agreement (including but not limited to amounts that Cox charges you for Services or products provided, any alleged breach related to the collection, retention or disclosure of your personal information, and any alleged violation of our Privacy Notice). You and Cox also agree to arbitrate any and all Disputes that arise out of or relate in any way to any services or products provided to you by Cox or any of its affiliated entities under any other agreement. Notwithstanding this agreement to arbitrate, you and Cox may bring appropriate Disputes against each other in small claims court, if the Dispute falls within the small claims court's jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency authorized by law to hear the Dispute.
B. Opt Out:
You may opt out of this dispute resolution provision (except for the jury trial waiver contained in Section 4(g) below) by notifying Cox of that intent during the Opt-Out Period by sending an email to Cox at ArbitrationOptOut@cox.com or a letter via U.S. mail to Cox Legal Department, Attn: Litigation Counsel, 6205B Peachtree Dunwoody Road, Atlanta, GA 30328 stating that you are opting out of this dispute resolution provision. Exercising this right, should you choose to do so, will not affect any of the other terms of this Agreement with Cox, and you may remain a Cox customer. If you opt out of the dispute resolution provision, that opt out will remain in effect if Cox modifies this section in the future or you agree to a new term of service under this Agreement. If you enter into a new agreement with Cox that includes a dispute resolution provision and you want to opt out of that provision, you will need to follow the instructions in that agreement for opting out.
C. Class Action Waiver:
You and Cox agree that all Disputes between you and Cox will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or Cox brings a claim in small claims court, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor Cox may participate in a class or representative action as a class member if the class action asserts Disputes that would fall within the scope of this arbitration agreement if they were directly asserted by you or Cox. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this Section 4 will not apply to any Dispute between you and Cox, except for the provisions of Section 4(g) waiving the right to jury trial. This class action waiver may not be severed from our arbitration agreement.
D. Arbitrator Authority:
The arbitration between you and Cox will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by the terms of this Agreement. You and Cox agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys' fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the Applicable Law, but that injunctive or declaratory relief may not extend beyond you and your dealings with Cox. Review of arbitration decisions in the courts is very limited.
E. Informal Dispute Resolution:
You and Cox agree that you will try to resolve disputes informally before resorting to arbitration. If you have a dispute, first call Cox Customer Care at the number listed on your monthly bill statement. If the Cox representative is unable to resolve your dispute in a timely manner, you agree to then notify Cox of the dispute by sending a written description of your claim to Cox Customer Care, ATTN: Corporate Escalation Team, 6205B Peachtree Dunwoody Road, Atlanta, GA 30328 so that Cox can attempt to resolve it with you. If Cox does not satisfactorily resolve your claim within 30 calendar days of receiving written notice to Cox Customer Care of your claim, then you may pursue the claim in arbitration. Neither you nor Cox may initiate arbitration without first following the informal dispute resolution procedure provided in this paragraph and thereafter, if the dispute is still not resolved, the party who desires to initiate arbitration must provide the other written notice of the intent to file for arbitration. If you are sending a written notice of your intent to file for arbitration to Cox, please send such notice via U.S. mail to Cox Legal Department, Attn: Litigation Counsel, 6205B Peachtree Dunwoody Road, Atlanta, GA 30328. If Cox is sending you a written notice of our intent to file for arbitration, we will send it to the last known address of record we have on file for you.
F. Arbitration Procedures:
You and Cox agree that this Agreement and the services Cox provides to you affects interstate commerce and that the Federal Arbitration Act and not state arbitration laws applies for all Disputes. All arbitrations shall be conducted by the American Arbitration Association ("AAA"). The AAA's rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA's Consumer Arbitration Rules will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA's rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to Cox at ArbitrationOptOut@cox.com or via U.S. mail to Cox Legal Department, Attn: Litigation Counsel, 6205B Peachtree Dunwoody Road, Atlanta, GA 30328. You must also comply with the AAA's rules regarding initiation of arbitration. Cox will pay all filing fees and costs for commencement of arbitration, but you will be responsible for your own attorneys' fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this Agreement or Applicable Law. Cox will not seek to recover its fees and costs from you in the arbitration, even if allowed under the law, unless your claim has been determined to be frivolous. If you are successful in the arbitration, Cox will pay your reasonable attorney's fees and costs. If you obtain an award from the arbitrator greater than Cox's last written settlement offer, Cox will pay you $5,000 in addition to what you have been awarded in the arbitration. The arbitration will be held in the county of the billing address where Cox provided you service and either party may appear either in person or by telephone.
G. Jury Trial Waiver:
If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and Cox expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide disputes between you and Cox if, for any reason, the arbitration agreement is not enforced.
H. Survival: This dispute resolution provision survives the termination of your Services with Cox. If you bring a claim against Cox after termination of your Services that is based in whole or in part on events or omissions that occurred while you were a Cox customer, this dispute resolution provision shall apply.
A. Access to Premises:
You agree to allow Cox and/or our agents to enter the property at which the Service(s) and/or Cox Equipment will be provided to you (the “Premises”), upon your request, to install, configure, upgrade, maintain, inspect, change, repair and/or remove the Service and/or Cox Equipment. You warrant that you are either the owner of the Premises or, if you are not the owner of the Premises that you have obtained the consent of the owner for Cox or its agents to access the Premises for the purposes described herein including, without limitation, consent to attach Cox Equipment to the outside of the Premises. In addition, you agree to supply us or our agent, if we ask, the owner’s name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Premises. If installation of Services or Cox Equipment by Cox at your Premises is required, Cox will schedule one or more installation and/or service appointments with you as needed and you agree to be present or to have a responsible representative, 18 years or older, present at the Premises during such appointments. Failure to schedule required installation of Services or Cox Equipment at your Premises may result in the disconnection of Services.
B. Charges for Visits:
You will be responsible for payment of any charges assessed by Cox for visits to your Premises to install, maintain, inspect, repair or remove any Services, Cox Equipment or Customer Equipment, including, without limitation, in response to any difficulty caused, in whole or in part, by Customer Equipment, or other equipment, services or facilities not provided by Cox, for service calls at times other than normal business hours, and for any non-routine installation or maintenance. Charges for visits to your Premises can be found on the Cox Website or by calling Cox Customer Care at the number located on your bill statement.
C. Safe Working Environment:
You agree to provide Cox's employees and representatives with a safe working environment while on the Premises. If a Cox employee or representative deems the working environment unsafe in his/her sole discretion, you agree that Cox may elect not to provide any services, including without limitation installation, repair, maintenance, support or training services, on the Premises until such Premises are deemed safe by Cox.
“Cox Equipment” means any equipment provided or rented to you by Cox or our agents with or without a separate charge or fee in connection with the Services. Cox Equipment also includes any software, firmware, or other programs contained within the Cox Equipment and Customer Equipment. Examples of Cox Equipment includes Cox provided gateways, routers, cable modems, miniboxes/DTAs, voice-capable modems, wireless gateway/routers, CableCARDs®, converters/receivers/set top boxes, digital adapters, remote controls, and similar equipment used to deliver the Services. Cox Equipment does not include equipment you may purchase at retail or from Cox directly that may perform some or all of the functions of Cox Equipment. You agree that Cox Equipment will remain the property of Cox and you will not acquire any ownership or other interest in any Cox Equipment or any network facilities, cabling or software by virtue of any payment made pursuant to this Agreement or by any attachment of the Cox Equipment to the Premises. You agree that Cox Equipment will not be deemed fixtures or in any way part of the Premises. You agree to use Cox Equipment only for receiving and/or using the Service(s) pursuant to this Agreement.
B. Changes and Upgrades to Cox Equipment:
Cox may upgrade, replace, remove, add or otherwise change the Cox Equipment at our discretion at any time any Service is active (including Soft Disconnection) or following the termination of your Service(s). You consent to such changes including software, firmware and other code updates or downloads, with or without notice to you, which may alter, add to, or remove features or functionalities of the Cox Equipment or Service. You acknowledge and agree that our addition or removal of or change to the Cox Equipment may interrupt your Service(s). Cox may, at its option, install new or reconditioned Cox Equipment, including replacing your existing Cox Equipment, for which you may incur a fee. You agree that such changes may be performed within Cox’s sole discretion at any time and in any manner. If Cox requests that you replace,or offers to replace your equipment in order to provide you with better Service or stronger security, and you do not do so, Cox is not responsible for any resulting degradation of service or security vulnerabilities. If Cox requires that you add or replace Cox Equipment and you do not do so, your Services may be disconnected.
C. Unauthorized Use and Prohibition on Tampering:
You are responsible and may be liable for all Cox Equipment on your Premises and in your possession. You may not sell, lease, abandon, or give away the Cox Equipment. You agree that you will not and you will not permit others, including without limitation any other provider of video, telecommunications or Internet services, to use, rearrange, disconnect, abandon, remove, relocate, repair, service, alter, modify, tamper or otherwise interfere with the Cox cable network, the Services, or any of the Cox Equipment including software, firmware, or code changes without Cox’s prior written consent, which Cox may withhold in its sole discretion. Such prohibition includes, without limitation, attaching or, permitting others to attach any unauthorized devices to our cable network, the Services, or the Cox Equipment, using or permitting others to use equipment that causes interference with reception equipment, or otherwise degrades our cable network signal quality or strength or creates signal leakage, altering a cable modem, router or gateway to change its downloading or uploading capacity, or altering identifying information such as serial numbers or logos. If you make or assist any person to make any unauthorized connection or modification to Cox Equipment or the Service(s) or any other part of our cable network, we may terminate your Service(s) and recover such damages as may result from your actions. You also agree that we may recover damages from you for tampering with any Cox Equipment or any other part of our cable network or for receiving unauthorized Service(s). The unauthorized reception of the Service(s) may also result in criminal fines and/or imprisonment. You agree that you will not allow anyone other than Cox or its agents to service the Cox Equipment.
D. Return of Cox Equipment:
You agree that in the event you terminate your Service, you will return, in person, all Cox Equipment to any Cox retail center or your local Cox office within thirty (30) days of notifying Cox of your decision to terminate your Service, unless otherwise instructed in writing by a Cox representative. If you upgrade or downgrade your Service(s) and the Cox Equipment that you possess is no longer required to support your new Cox Service(s), you must promptly return such Cox Equipment and, if applicable, exchange any advanced Cox Equipment (e.g. HD or DVR receiver, phone/data modem) for standard Cox Equipment (e.g. standard digital receiver, basic phone modem, etc.). Such Cox Equipment must be returned to any Cox retail center or your local Cox office, in person, within thirty (30) days of notifying Cox of your decision to downgrade your Service(s), unless otherwise instructed in writing by a Cox representative. The returned Cox Equipment must be in good condition and without any encumbrances, except for ordinary wear and tear resulting from proper use. This provision shall survive the termination or expiration of this Agreement.
E. Relocation of Cox Equipment:
The Cox Equipment may only be used in the Premises. You agree that you will not remove any Cox Equipment from the Premises without Cox’s prior consent. At your request, Cox may, at its discretion, relocate Cox Equipment for you within the Premises at your request and at a time agreeable to you and us for an additional charge. YOU UNDERSTAND AND ACKNOWLEDGE THAT IF YOU ATTEMPT TO INSTALL OR USE THE COX EQUIPMENT OR SERVICE(S) AT A LOCATION OTHER THAN THE PREMISES, THE SERVICE(S) MAY FAIL TO FUNCTION OR MAY FUNCTION IMPROPERLY. If you relocate to a new address, you may be charged a fee to relocate the Cox Equipment.
“Customer Equipment” means any equipment, software, hardware or services supplied by you to use in conjunction with the Services or the Cox Equipment. You warrant that you are either the owner of the Customer Equipment or that you have the authority to give us access to the Customer Equipment. If you are not the owner of the Customer Equipment, you are responsible for obtaining any necessary approval from the owner to allow us and our agents access to the Customer Equipment. Customer Equipment is your sole responsibility including all costs of installation, maintenance and repair. You agree to allow us and our agents the rights to insert cable cards and other hardware in the Customer Equipment, send software, firmware, and/or other programs to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment. You are responsible and liable for any degradation or any interruption of Service, damage to Cox Equipment, loss of data, loss of your stored content or other consequences that you, Cox or any third party may suffer resulting from your use of Customer Equipment, including any Customer Equipment to which Cox or its agents has sent software, firmware or other programs. Cox has no responsibility or liability for any loss of stored content or any damage to Customer Equipment.
B. Technical Requirements for Customer Equipment:
All Customer Equipment must comply with Cox’s technical requirements which we may post on the Cox Website and change from time to time (“Technical Requirements”). We will not be obligated to provide Service or support where your Customer Equipment fails to conform to Cox’s Technical Requirements. NEITHER COX NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS WARRANT THAT CUSTOMER EQUIPMENT NOT MEETING COX’S TECHNICAL REQUIREMENTS WILL ENABLE YOU TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE(S). YOU ACKNOWLEDGE THAT ANY SUCH INSTALLATION, ACCESS, OPERATION, OR USE COULD CAUSE CUSTOMER EQUIPMENT TO FAIL TO OPERATE OR CAUSE DAMAGE TO CUSTOMER EQUIPMENT, YOU, YOUR PREMISES OR COX EQUIPMENT. NEITHER COX NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. Cox reserves the right to deny you customer support for the Service(s) and/or terminate Service(s) if you use Customer Equipment not meeting the Technical Requirements.
C. Changes and Upgrades To Customer Equipment:
You acknowledge that Cox may install Cable Cards® and other Licensed Software and may send firmware and other code updates or downloads to Customer Equipment which will ensure full functionality of the Service and may alter, add to, or remove features or functionalities of Customer Equipment with or without notice to you and you agree that such changes may be performed at any time and in any manner. Periodically you may need to acquire new or additional Customer Equipment to continue to use the Service or receive the best quality of Service.
B. Inside Wiring:
You may install wiring, such as additional cable wiring and outlets, inside your Premises (“Inside Wiring”). Any Inside Wiring you have installed in your Premises must not interfere with the normal operations of our network. If you subscribe to Cox Complete Care (“CCC”) service and you notify Cox of a problem with your Cox Service, Cox will repair your Inside Wiring, provide education and issue isolation services, together with virus and spyware removal, wireless network setup and PC optimization services, in accordance with and as set forth in the Cox Complete Care Terms of Service which can be found at https://www.cox.com/residential/completecare.html. Otherwise, you are responsible for the repair and maintenance of the Inside Wiring, unless you and Cox agree otherwise in writing. All such Inside Wiring, whether or not installed by Cox is considered your property or the property of whomever owns the Premises. If you do not own the Premises, contact your landlord or building manager about the installation, repair or maintenance of Inside Wiring.
E. Cox Wi-Fi:
In addition to the foregoing, you agree that Cox may send software, firmware, code updates, downloads and/or other programs to the Cox Equipment and/or Customer Equipment, as set forth in Sections 6(b) and 7(c) above, and may utilize all such equipment and attached wiring to distribute external Wi-Fi signals for deployment of Cox Wi-Fi and related Cable Wi-Fi services (“Cox Wi-Fi”). You will have the opportunity at any time you are a Cox Internet customer to opt out of participation in Cox Wi-Fi services through the customer account management tools on www.cox.com or by calling Cox Customer Care at the number listed on your bill.
You do not have any proprietary rights to any identification number, phone number, email address or other identifier that Cox assigns to you or your account. We may change or reassign them, but if we do, we will notify you. You own any email addresses associated with your account other than Cox provided cox.net email addresses.
A. Power Supply:
Except as may be otherwise described in the Cox Phone Service Addendum, the Services do not have their own power supply and you are required to provide power for your use of the Service. Cox will not be liable for any interruption of Service or other damage resulting from a power outage disruption or fluctuation (such as a power surge). The Services are not intended to be used for activities requiring absolute reliability and accuracy. You assume complete responsibility for any damages or injuries resulting from any interruption or other failure of the Services due in whole or in part to a failure of power supply. Additional limitation of Cox’s liability for the Services is found in Section 15 and the Cox Phone Service Addendum to this Agreement.
B. Scheduled Interruptions:
Cox may schedule and interrupt Service for maintenance, repairs, upgrades, testing, or other administrative purposes at any time except as limited by any Applicable Law or tariff.
A. Licensed Software:
Cox grants you a limited, nonexclusive, nontransferable and nonassignable license to install and use Cox’s software which includes software from third party licensors (“Licensed Software”) solely in order for you to access and use the Services. Cox may modify the Licensed Software at any time, for any reason, and without providing notice of any such modification to you. The Licensed Software constitutes confidential and proprietary information and contains trade secrets and intellectual property of Cox and its licensors which is protected under Applicable Law. All right, title, and interest in and to the Licensed Software will remain with Cox and its licensors. You agree not to translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Software or any part thereof. You have a license to use the Cox Equipment, content, Service, Licensed Software and/or applications provided by Cox and/or third party providers (collectively “Suppliers”). You agree, however, that all such content and Licensed Software will remain the sole property of Cox or its Suppliers and that no additional rights arise from this grant of use. By subscribing to Services, You waive any claim against Cox or its Suppliers in connection with this Agreement and agree that Cox and its Suppliers have the right to enforce this provision. You acknowledge and agree that neither Cox nor its Suppliers can provide uninterrupted or error-free service and that Cox’s and its Supplier’s liability is limited as described in Section 15 below. You also agree to comply with the terms and conditions of all end user software license agreements provided to you in order for you access and to use the Services, particularly Cox Internet. Your right to use the Licensed Software, Service, or content ends upon termination of this Agreement.
B. Posting Your Material:
You are solely responsible and liable for all material that you upload, post, email, transmit or otherwise make available via the Services, including, without limitation, material that you post to any Cox website, third party website, or any third party vendor’s service (such as a social media site) that is used by Cox. Cox does not claim ownership of material you submit or make available for inclusion on the Service. However, with respect to material you submit or make available for inclusion on publicly accessible areas of the Service, you grant Cox a world-wide, royalty free and non-exclusive license to use your material in connection with Cox’s businesses including, but not limited to, the rights to copy, distribute, publicly perform, publicly display, transmit, publish your name or identifier in connection with the material, and to prepare derivative works. No compensation will be paid with respect to the use of your material.
C. Intellectual Property Infringement Claims:
Cox 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 Cox is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Cox’s designated agent. For more information regarding Cox’s policies and procedures addressing copyright infringement, please visit https://www.cox.com/aboutus/policies/copyright.html (recipients of complaints).
D. Copyright and Trademark Notices:
Materials available on Cox Websites and on other Services are protected by copyright law. Cox is a trademark of Cox Communications, Inc. Cox and other Cox services referenced herein are either actual service marks or registered service marks of Cox Communications, Inc. All other trademarks and service marks are the property of their respective owners.
E. Links to Third Party Websites:
In your use of the Services and/or Cox Websites, you may encounter various types of links that enable you to visit Websites operated or owned by third parties (“Third Party Site(s)”). These links are provided to you as a convenience and are not under the control or ownership of Cox. The inclusion of any link to a Third Party Site is not an endorsement by Cox of the Third Party Site, an acknowledgement of any affiliation with its operators or owners, or a warranty of any type regarding any information or offer on the Third Party Site. Your use of any Third Party Site is governed by the various legal agreements and policies posted at that website.
A. Customer Privacy Notice:
B. Security of your Account:
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 ours), we will assume that you have authorized that person’s use of the information and access to your account. Please report any suspected incidents of unauthorized access to your account or unauthorized disclosure of your account information to Cox promptly by calling the Cox Customer Care number listed on your bill statement, visiting a Cox retail location, or writing to us at the address listed on your bill statement.
A. Compliance with the Law:
You agree that you will comply with all current and future laws regarding the Services. If you violate the law in connection with your use of the Services, Cox Equipment, or Licensed Software, Cox may suffer harm and will have all remedies available at law or in equity, including injunctive relief. Content derived from the Service, Cox Equipment, the Licensed Software, and any accompanying information is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export such content, to any countries that are subject to restrictions or upload through the Services any material in violation of such restrictions.
B. Non Commercial Use Only:
You agree to use the Services only for personal, noncommercial purposes and not business activities. You may not rebroadcast, retransmit, redistribute, perform, or charge admission to view or listen to any of the Cox Services unless you obtain and pay for any applicable public performance licenses.
C. Misuse of the Services:
You agree to not misuse the Services, Cox Equipment, or Licensed Software. Such misuse includes but is not limited to: (i) violation of Applicable Law and any commercial use as described above; (ii) use in a manner that adversely interferes with Cox’s network or reputation; (iii) any unauthorized or fraudulent use of or access to the Services such as to avoid paying for Services; (iv) use in a manner that infringes the intellectual property or other rights of any third party including copying, modifying, reverse engineering, uploading, downloading or reselling any content or Licensed Software; (v) sending content or messages or otherwise engaging in communications that are abusive, obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, fraudulent, threatening, defamatory or an invasion of privacy; (vi) modifying or tampering with Cox Equipment in any manner other than as expressly authorized by Cox; (vii) engaging in telemarketing, fax broadcasting, spam, junk or other unsolicited email; (viii) intercepting a third party’s communications or accessing or attempting to access another party’s account or otherwise circumvent any security measures; (ix) uploading any virus, worm or malicious code; (x) using automated connections that allow web broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer file sharing; (xi) using as a substitute or back-up for private lines, or full-time or dedicated data connections; (xii) networking hacking and “denial of service” attacks; (xiii) using unauthorized software or devices to maintain continuous active Internet connection when the connection would otherwise have entered idle mode; or, (xiv) engaging in continuous or extensive call forwarding or long distance abuse.
D. Customer Responsibilities for Improper Use:
You acknowledge that you are accepting this Agreement on behalf of all persons who use the Service(s) and Cox Equipment at the Premises and that you shall have the responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement and any applicable policies, including, but not limited to the CHSI Acceptable Use Policy, and Customer Privacy Notice, and any other applicable privacy notices or other policies. You will take reasonable precautions to prevent others from gaining unauthorized access to the Services. Except as otherwise specified in this Agreement, you are responsible for any unauthorized use and for controlling access to the Services, Cox Equipment, Customer Equipment, and Licensed Software including payment of any charges incurred as a result of any such unauthorized use.
E. Monitoring Compliance with the Law and this Agreement:
Although Cox is not obligated to monitor the Services, Cox may perform tests and inspections to confirm that you are complying with this Agreement. Cox may, without notice, suspend, restrict access to or terminate your Service, or remove or make unavailable any content and/or monitor, review, retain and/or disclose any content or other information in Cox’s possession about or related to you or your use of the Services as Cox deems necessary to satisfy any Applicable Law, regulation, legal process or governmental request.
F. Theft of Service:
Tampering with or altering a cable system or converter to receive unauthorized services is a Federal crime punishable by fines and/or imprisonment. We may conduct periodic system checks and audits to detect the unauthorized receipt of Service.
G. Call Recording; Use of Recording Devices:
You consent to Cox recording phone conversations between you and Cox for quality assurance, analytics and internal business purposes. Your use of recording devices to record telephone conversations transmitted over the Services is at your own risk provided that your use complies with all federal, state and local laws, regulations, rules and ordinances.
You hereby indemnify and hold harmless Cox and its parent companies, subsidiaries, affiliates, Suppliers and other suppliers, contractors, distributors, licensors and business partners, as well as the officers, directors, employees, agents and representatives of each of these (each a “Cox Related Party”, and collectively, the “Cox Related Parties”) from any third-party claims, actions, proceedings, damages and liabilities, including attorneys’ fees, arising out of (i) your use, or other users use, of your Services or Cox Equipment; (ii) any act in violation of any law committed by you including any use of the Services that may infringe on the patent, copyright, trademark or other intellectual property right or privacy right of any third party; (iii) any breach by you of this Agreement; (iv) any content or software displayed, distributed, or otherwise disseminated by you or other users of your Services; (v) your failure to safeguard your PIN, passwords or other account information, and (vi) your failure to replace Equipment when requested by Cox. This Section will continue in effect after this Agreement terminates.
YOU ACKNOWLEDGE THAT THE SERVICES, COX EQUIPMENT, AND LICENSED
SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES. COX MAKES NO
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF
TITLE OR NON-INFRINGEMENT AS TO THE SERVICES, COX EQUIPMENT, AND/OR THE
LICENSED SOFTWARE PROVIDED TO YOU. COX DOES NOT MANUFACTURE THE COX
EQUIPMENT, DEVICES OR LICENSED SOFTWARE AND IS NOT RESPONSIBLE FOR ANY
ACTS OR OMISSIONS ON THE PART OF ANY MANUFACTURER, SPECIFICALLY
INCLUDING A MANUFACTURER OF CUSTOMER EQUIPMENT OVER WHICH YOU RECEIVE
THE SERVICES. UNLESS OTHERWISE RESTRICTED OR PROHIBITED BY APPLICABLE
LAW, COX DOES NOT WARRANT THAT THE SERVICES, COX EQUIPMENT OR LICENSED
SOFTWARE WILL BE ACCURATE, COMPLETE, ERROR-FREE, WITHOUT INTERRUPTION,
FREE FROM VIRUSES OR OTHER MALICIOUS AGENTS EVEN IF ANTI-VIRUS
MECHANISMS ARE DEPLOYED. COX DOES NOT WARRANT THAT ANY COMMUNICATION
WILL BE TRANSMITTED UNCORRUPTED OR AT ANY UPSTREAM OR DOWNSTREAM SPEED.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, SO THOSE PROVISIONS MAY NOT APPLY TO YOU. THIS SECTION WILL
CONTINUE IN EFFECT AFTER THIS AGREEMENT TERMINATES.
THIS SECTION DESCRIBES THE FULL EXTENT OF COX’S AND THE COX RELATED PARTIES’ RESPONSIBILITY FOR ANY CLAIMS FOR DAMAGES CAUSED BY OUR ACTS OR OMISSIONS OR THE FAILURE OF THE SERVICES, COX EQUIPMENT, OR LICENSED SOFTWARE, OR ANY OTHER CLAIMS IN CONNECTION WITH THE SERVICES, COX EQUIPMENT, LICENSED SOFTWARE, OR THIS AGREEMENT. THIS SECTION WILL CONTINUE IN EFFECT AFTER THIS AGREEMENT TERMINATES.
Neither Cox nor any of the Cox Related Parties will be liable for damages for failure to furnish or the degradation or interruption of any Services, for a problem with the interconnection of Services, for any loss of data or stored content, for identity theft, or for any files or software damage, regardless of cause, or for a problem with the service or equipment of a third party.
B. Damage to Person or Property:
Neither Cox nor any of the Cox Related Parties will be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of Cox Equipment, Licensed Software, from use of Services or any content contained therein including interactive or 3D, television Services, 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. You recognize that you have an obligation to exercise caution and personal responsibility including adhering to all manufacturers’ warranties accompanying any Cox or Customer Equipment or any other equipment used in connection with the Services and to make sure that your use of the Services and Cox Equipment does not subject you or others to danger.
Neither Cox nor any of the Cox Related Parties is obligated to monitor your use of the Services. Neither Cox nor any of the Cox Related Parties will be liable, however, for any action we take such as restricting access to obscene content or blocking email considered to be “spam” to assure your use of the Service is in compliance with Applicable Laws and this Agreement.
D. Third-Party Acts:
You expressly agree that neither Cox nor any of the Cox Related Parties is responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and intellectual property rights, and you hereby release Cox and each of the Cox Related Parties for any such claims based on the activities of third parties.
E. No Indirect or Consequential Damages:
YOU AGREE THAT FOR ANY CLAIMS YOU ASSERT AGAINST COX OR THE COX RELATED PARTIES AND FOR ANY CLAIMS THAT COX OR THE COX RELATED PARTIES ASSERT AGAINST YOU, THERE SHALL BE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION, OR FOR PUNITIVE DAMAGES, RELIANCE DAMAGES, OR SPECIAL DAMAGES. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
F. Additional Limitations on Cox’s Liability for Cox Internet:
The public Internet is used by numerous persons or entities including, without limitation, other Cox Internet subscribers. As is the case with all shared networks like the public Internet, there is a risk that you could be subject to “eavesdropping.” This means that other persons or entities may be able to access and/or monitor your use of Cox Internet. If you post, store, transmit, or disseminate any sensitive or confidential information, you do so at your sole risk. Neither Cox, nor the Cox Related Parties or any of the Cox or Cox Related Parties’ agents shall have any liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by you. You acknowledge that software programs are commercially available that claim to be capable of encryption or anonymization. We make no representation or warranty regarding the effectiveness of these programs.
G. Limitations Period:
We each agree that any Claims must be brought within two (2) years of their accrual notwithstanding any otherwise applicable statute of limitations.
Unless you have entered into a Minimum Term Agreement and unless prohibited by Applicable Law, either you or Cox may terminate this Agreement at any time without cause by providing the other party with no less than twenty-four (24) hours written notice of such termination. Cox may also terminate Service without notice to you if you fail to pay for Service or otherwise breach this Agreement, if you violate the law or Cox policies, or if you misuse the Services or Cox Equipment. You may terminate any particular Service and this Agreement will remain in effect for any Services or Cox Equipment you continue to subscribe to, use, pay for or retain. In the event of termination by you, you must notify Cox as instructed in Section 17(d). In the event of termination by Cox, Cox may notify you of such termination by electronic or other means.
B. Minimum Term Agreements:
If you have entered into a Minimum Term Agreement with Cox, termination of Service will be controlled by the terms and conditions of your Minimum Term Agreement and may include an early termination fee.
C. Customer Obligations Upon Termination:
You expressly agree that upon termination of this Agreement: (i) You will either return Cox Equipment to Cox or permit Cox to access your Premises at a reasonable time to remove any Cox Equipment and other material provided by Cox; (ii) You will ensure the immediate return to Cox of any Cox Equipment in good condition without any encumbrances, except for ordinary wear and tear or you agree to pay Cox’s reasonable estimates of the repair, replacement and/or incidental costs that Cox incurs as set forth in this Agreement; (iii) You will return or destroy all copies of any Licensed Software provided to you pursuant to this Agreement; (iv) You are responsible for storing or retrieving any emails, voice mail messages, and material stored in Cox’s online backup service, or other information you wish to retain after termination of the Service; (v) You will cease use of any Services terminated; (vi) Cox is authorized to delete any files, programs, data and email messages associated with any terminated account.
D. Proration of Charges Upon Termination:
If Services are terminated charges will accrue through the date that Cox fully processes the termination. You agree to pay Cox on a pro-rated basis for any use by you of any Cox Equipment or Services for a part of a month. You must pay all outstanding charges, including payment of any bills that remain due. You must reimburse us for any reasonable costs we incur; including attorneys’ fees, to collect charges owed to us. If you want us to renew the Services after termination, we may require that you pay a deposit. For some Services, Cox may require a minimum thirty (30) day charge regardless of the activation or cancellation date.
E. Refunds Upon Termination:
If you terminate Service, Cox will refund the prorated unused portion of any fees and charges you have paid in advance. If the pro-rata unused portion is less than $5.00 Cox will make the refund on your request.
Except as described in this Agreement, you may not assign or transfer any part of this Agreement or the Service(s), Cox Equipment or Licensed Software (including transfer to any other occupant of the Premises or to any other location) without the prior written consent of Cox. Cox may assign all or part of this Agreement without notice to you and without your consent.
B. Force Majeure:
Cox will not be liable for any delay, interruption of Service, failure of performance of Cox or Customer Equipment, or any loss, liability or damage directly or indirectly caused by circumstances beyond our control, including but not limited to acts of God, flood, explosion or other catastrophes, causes attributable to you, Your Equipment or your property, acts of third parties, national emergencies, acts of terrorism, insurrections, riots, wars, unavailability of rights-of-way, loss of use of poles or other utility facilities, material shortages, power outages or reductions, failure of any cable signal at the transmitter, failure of a satellite, strikes, lockouts, or work stoppages, or any law, order, regulation, or request of the federal, state or local governments having jurisdiction over Cox. The use and restoration of Services in emergencies will in all cases be subject to the priority system specified by federal regulations.
C. Governing Law:
This Agreement will be governed by the laws of the state in which you receive the Services and applicable federal law.
When this Agreement requires notice from you to Cox, 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(f) above.
In the event that any portion of this Agreement is held to be unenforceable in a jurisdiction, the unenforceable portion will be construed in accordance with Applicable Law in that particular jurisdiction as nearly as possible to reflect the original intentions of the parties and the remainder of this Agreement will remain in full force and effect.
F. Surviving Obligations:
Certain provisions will survive the termination of this Agreement including Arbitration, Indemnification by Customer, Disclaimer of Warranties, Limitation of Liability, Payment Obligations and all other provisions which by their nature would be expected to survive.
G. Waiver and Strict Performance:
Cox’s failure to require your strict performance of any term of this Agreement will not be a waiver of Cox’s right to require strict performance of any term or condition herein.
H. How to Contact Us:
For any questions regarding this Agreement, billing, your Services, technical support or other, please contact Cox by phone at the number shown on your bill, by U.S. Mail to the address shown on your bill, or by visiting the Website and obtaining the contact information located under “Contact Us.”
This Cox Video Service Addendum ("Video Addendum”) is made a part of and incorporated into the Residential Customer Service Agreement between Cox and those Customers who receive the Cox Video Service. In the event of any conflict between the provisions of this Video Addendum and the provisions of the Agreement, the provisions of this Video Addendum shall control. All capitalized terms not otherwise defined herein will have the same meaning as set forth in the Agreement.
Federal law requires that you must subscribe to Cox’s basic tier of service to access other programming choices, including tiers of service and services offered on a per-program or per-channel basis. Additionally, professional sporting events, both local and national, may be subject to blackouts per the league’s broadcast rules and regulatory requirements. Due to these blackouts, not all programming and services will be available in all areas and programming may be subject to change.
2. Advanced Cox Video Services Enabled Cox Equipment:
You agree that in the event that you downgrade your Cox Video Service, by disconnecting or otherwise terminating HD, DVR or other advanced features of Cox Video Services (such HD or DVR Cox Video Services, together with any successor or similar Cox Video Services and other advanced services developed, offered or provided by Cox, the “Advanced Cox Video Services”) in accordance with this Agreement, you expressly agree that you will return, in person, any Advanced Cox Video Services enabled Cox Equipment (the “Advanced Video Cox Equipment”) to any Cox retail center or your local Cox office within thirty (30) days of notifying Cox of your decision to downgrade your Service, unless you receive alternative instructions from the Cox customer service department, in which case you agree to follow such alternative instructions. If you return your equipment by mail, you will be responsible for any damage to the equipment as assessed by Cox upon receipt. Upon the Cox’s receipt of the Advanced Video Cox Equipment, you will receive non-Advanced Cox Video Services enabled, as applicable, Cox Equipment (the “Substitute Cox Equipment”). You may request to have Cox install your Substitute Equipment, for which you may incur a fee. The period of time from notification to Cox of your decision to downgrade to the earlier to occur of (i) the return of the Cox Equipment and (ii) thirty (30) days from notification of the downgrade shall be referred to for the purposes of this Section as the “Grace Period.” During such Grace Period you will continue to receive your Advanced Cox Video Services at no cost. In the event that you do not return such Cox Equipment within the thirty (30) day period set forth above Cox will charge you (i) for the Advanced Cox Video Services, as applicable, until the Cox Equipment is returned to Cox or otherwise removed from your premises in accordance with this Agreement, and (ii) if the Cox Equipment is not returned, an Unreturned Equipment Charge.
This Cox Internet Service Addendum (“Internet Addendum”) is made a part of and incorporated into the Residential Customer Service Agreement between Cox and those Customers who receive Cox Internet Service. In the event of any conflict between the provisions of this Internet Addendum and the provisions of the Agreement, the provisions of this Internet Addendum shall control. All capitalized terms not otherwise defined herein will have the same meaning as set forth in the Agreement.
1. Acceptable Use:
You agree to use Cox Internet Service strictly in accordance with Cox’s CHSI Acceptable Use Policy, located at the Cox Website.
2. Equipment Requirements:
You may purchase, or where offered, rent a modem or gateway from Cox or you may purchase a DOCSIS 3, 3.1 or higher, Cox-certified modem or gateway from a third-party provider. Cox’s current Technical Requirements for your computer or other device, if applicable, and Cox Internet level of service are available on the Cox Website and you are strongly urged to check with your local Cox Customer Support or online at www.cox.com for the most current Cox certified device list. Cox reserves the right to provide Service only to users with Cox-approved DOCSIS-compliant devices. If at any time your cable modem no longer meets Cox’s Technical Requirements you may be required to replace your device at your cost. If Cox requests that you replace,or offers to replace your equipment in order to provide you with better Service or stronger security, and you do not do so, Cox is not responsible for any resulting loss or degradation of Service or security-related loss or exposure. Certain types of DOCSIS equipment may be required to achieve advertised Internet speeds. You agree that you will not connect any unauthorized equipment to the cable modem outlet. Failure to comply with this restriction may cause damage to the Cox network and subject you to liability.
When you subscribe to Cox Internet Service you will have the option to use a single cox.net email account. At your option, you may also establish secondary accounts with Cox and/or use email provided by other third-party providers of email services. Cox may use any email accounts provided to Cox to send notices as permitted by law. Cox will retain all ownership rights in the Cox-provided email address(es).
Cox or its agents may supply and install certain software and equipment, and if required, an extra outlet, for a fee set forth in our rate plan. In order to install the Service your computer/device and level of Cox Internet service must meet the Cox Technical Requirements as described in Section 2 of this Internet Addendum. You acknowledge and agree that installation of Cox Internet Services (including the Licensed Software) may require Cox personnel and/or its agents to open or access your computer/device. You further acknowledge and agree that such installation and/or use of the Service (including the Licensed Software) may result in the modification of your computer’s or other device’s system’s files. Additionally, Cox may periodically update the software/firmware in your modem or gateway in order to provide the Service. Cox does not represent, warrant, or covenant that such modifications will not disrupt the normal operations of your computer or device. Cox’s liability for any damage resulting from such installation, use of the Licensed Software and/or file modifications is limited as described in Section 15 of the Agreement. Unless Cox offers and you subscribe to service and support for in-home networks you agree that Cox has no responsibility to provide such service.
5. Service Management:
Cox manages its Cox Internet Service to improve its service offerings, protect Customers, create new services and feature enhancements. Management activities may include, without limitation, the following actions: rate limiting of email as set forth in our email policies published on the Cox Website under Policies, Speeds and Data Plans, rejection or removal of “spam” or otherwise unsolicited bulk email, port blocking, and cybersecurity mechanisms (including identification and blocking of viruses, phishing sites and other malware). We also measure Customer bandwidth usage and offer a Data Usage Meter for Customers to track their usage, see www.cox.com/datausage. Cox manages its network for the greatest benefit of the greatest number of Customers. Cox may enforce limits on specific features of the Cox Internet Service including, without limitation, email storage (including deletion of dormant or unchecked email and/or mailboxes) and Data Usage Plans. To learn the limits on specific features of the Cox Internet Service, visit the Cox Website. Also, to review Cox’s Internet Service Disclosures, please visit www.cox.com/internetdisclosures.
6. Service Tools and Enhancements:
Cox may provide certain enhancements to the Cox Internet Service, such as home network management, content filtering, parental controls, Internet/WiFi access controls, network security, and other related network management tools. Such tools, if any, are not guaranteed and may experience disruption, inaccurate or inconsistent results, and other limitations impacting performance. These and other similar tools may be added or removed from the service at any time and in Cox’s sole discretion.
This Cox Phone Service Addendum (“Phone Addendum”) is made a part of and incorporated into the Residential Customer Service Agreement between Cox and those Customers who receive Cox Phone Service. In the event of any conflict between the provisions of this Phone Addendum and the provisions of the Agreement, the provisions of this Phone Addendum shall control with respect to Cox Phone Service. All capitalized terms not otherwise defined herein will have the same meaning as set forth in the Agreement.
1. Additional Terms:
If you receive Cox Local Telephone Service you will be bound by any applicable tariff, state Telephone Service Guide or telephone price sheet located on Cox’s website at www.cox.com/phonetariffs and/or on file with the applicable State telephone and/or federal regulatory authority. The terms of any such tariff or state Telephone Service Guide will supersede the terms of this Agreement in the event of a conflict relating to Cox Phone Services. If you download Cox applications to your wireless device(s) that permit you to access certain calling and other features of Cox Phone Service using a broadband connection (“Mobility Applications”), you will be bound by additional terms and conditions that will be provided separately at the time you download and/or use them. Mobility Applications do not provide the same access to 911 services as your Cox Phone Service. International Long Distance calling is not enabled on Mobility Applications. If you use Cox Phone Service features to access third party services, such as services designed to block robot calls, you may be asked by the third party to consent to separate terms and conditions governing your use of its service.
2. Rounding Up Charges for Voice Usage:
Any calls you make or receive using your Cox Phone Services are rated on full minutes of use and minutes are rounded up to the nearest whole minute. For example, a call that lasts for 5 minutes will be billed for 5 minutes of usage, and a call that last for 5 minutes and 1 second will be billed for 6 minutes of usage.
3. Phone Number Portability:
When we assign a phone number to you, you will not have any rights to it, other than your right to port your phone number to another carrier who will accept that number and consistent with applicable regulations. You may authorize another carrier to transfer your number from Cox to that carrier. By porting your number, you are terminating all Cox Phone Services, features and applications that Cox provides to you associated with that telephone number; however, you will be responsible for all charges that you incur prior to this deactivation, for any applicable Early Termination Fee, and charges that apply to any Cox Phone Services, features or applications associated with other telephone numbers that have not been ported. The telephone numbers utilized for Cox Phone Service are assigned in accordance with applicable federal and state numbering rules. Therefore, Cox cannot accommodate the assignment of a telephone number outside of the telephone rate center to which that number is appropriately assigned.
4. Equipment Requirements and Charges:
A telephone modem may be required for the duration of your Cox Phone Service subscription. Cox may provide such modem to you. If Cox provides the telephone modem to you, upon disconnection of Cox Phone Service, the Cox modem must be returned within 30 days of disconnection of such Service or an Unreturned Equipment Charge may apply.
5. Customer Equipment:
You are responsible for ensuring that any telephone handsets modems, or other Customer Equipment not issued by Cox that you use with Cox Phone Service are compatible with the service. Cox is not responsible if you are unable to use the service or for interruption, failure, or degradation of the service caused by such Customer Equipment.
6. Backup Power for Telephone Service:
The telephone modem or gateway and certain other telephone service related devices use household electrical power to operate. Cox Voice Service will not be available during a power outage without a backup battery in the telephone modem or gateway or other telephone service related device(s). You may purchase a backup battery for Cox-provided modems or gateways that will enable your Cox Voice Service to continue to operate for up to twenty-four hours in standby mode or up to 12 hours of talk time during a power outage using a corded phone connected directly to the telephone modem or gateway. (Cordless phones require a power source separate from the backup battery. Cox recommends you keep a corded phone for use in the event of an outage.) If you are a Lifeline customer, you may obtain a battery from Cox without charge. If (i) the modem that supplies your Cox Phone Service is disconnected or moved, (ii) the backup battery is not charged or otherwise becomes inoperable, or (iii) there is an extended power outage, Cox Voice Service, including access to E911, will not be available. It is your responsibility to monitor the health of the battery and obtain a replacement (see www.cox.com/battery) if the battery is reaching the end of its useful life.
7. Emergency Services and Home Monitoring:
Your Cox Phone Service(s) includes 911/Enhanced 911 functionality (“911”) that may be provided by vendors and other third parties and may differ from 911 functionality furnished by other providers. As such, it may have certain limitations. CAREFULLY READ THE FOLLOWING INFORMATION. YOU ACKNOWLEDGE AND ACCEPT ANY LIMITATIONS OF 911. YOU AGREE TO CONVEY THESE LIMITATIONS TO ALL PERSONS THAT MAY HAVE OCCASION TO PLACE CALLS OVER THE SERVICES. IF YOU HAVE ANY QUESTIONS ABOUT 911, VISIT WWW.COX.COM OR CALL COX CUSTOMER CARE AT THE NUMBER LOCATED ON YOUR BILL STATEMENT.
Cox Phone Service, including access to 911 service, will not be available during a power outage without a backup battery or if the modem is moved or inoperable. If you have a home alarm system or home health monitoring system that relies on your telephone line to operate, you will lose access to the service during a power outage unless you have a backup battery. If Cox does not provide a modem or backup battery power for Services utilizing a telephone modem, you may provide it and assume all responsibility for its maintenance. Cox uses your Cox Phone Service address to allow emergency responders to identify your location for 911 Service.
B. Location Information:
In order for your 911 calls to be properly directed to emergency services, Cox must have your correct Premises address. If you move Cox Phone Service(s) to a different address without Cox’s approval, 911 calls may be directed to the wrong emergency authority, may transmit the wrong address, and/or the wireline Cox Phone Services (including 911) may fail altogether. Therefore, you must call Cox Customer Care at the number listed on your bill statement before you move your wireline Cox Phone Service to a new address. Cox will need several business days to update your Premises address in the 911 system so that your 911 calls can be properly directed. All changes in service address require Cox’s prior approval. To ensure that 911 dispatch receives your correct address, the telephone modem should not be moved, even inside your home. You must notify Cox in advance if you would like to move or relocate your Cox Phone Service.
C. 911 Functionality and Limitations:
Calls, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem. You understand and acknowledge that all Cox Phone Service(s), including 911, will be disabled if your account is suspended or terminated.
D. Suspension and Termination:
You understand and acknowledge that all Cox Phone Service, including 911, as well as any online features, where we make these features available, will be disabled if your account is suspended or terminated. If your account is in Soft Disconnection status, you will be prevented from making outbound calls, except to 911 and Cox Customer Care as more fully explained in Section 3(b)(4) of the Agreement.
E. LIMITATION OF LIABILITY AND INDEMNIFICATION.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER COX NOR ANY OF THE COX RELATED PARTIES WILL BE LIABILE FOR ANY SERVICE OUTAGE, INABILITY TO DIAL 911 USING THE SERVICE(S), AND/OR INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COX AND ITS AFFILIATES, SUPPLIERS AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) INCURRED BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THESE SERVICE(S) ARISING FROM OR RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE(S), INCLUDING THOSE RELATED TO 911.