WE ADVISE YOU TO READ THIS LICENSE AGREEMENT CAREFULLY. ALL OF THESE TERMS AFFECT YOUR LEGAL RIGHTS BY, AMONG OTHER THINGS, LIMITING COX'S LIABILITY.
Effective Date: August 9, 2017 (v.1)
You may contact Us by email, telephone or letter with any questions,
complaints or claims with respect to the Licensed Application. For
additional information, find your local contact information
This End User Agreement ("Agreement") sets forth the terms and conditions under which Cox Communications, Inc., through one or more of its licensed subsidiaries or affiliates (each subsidiary hereafter "Cox") agrees to provide you with access to the service (“Service”) that is used to manage and control the operation of the home automation devices (“Equipment”) in your residential unit. The Service is available to you so long as Cox maintains a commercial relationship with the owner of your building (“Lessor”) for the Service. In this Agreement, "you" and "your" mean the resident of the property unit in which the Equipment is installed ("User") who accepts this Agreement.
a. Acceptance of Agreement: BY ACCEPTING THIS AGREEMENT, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER, OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT THIS AGREEMENT.
b. Changes to the Agreement or Service: Cox reserves the right to modify any of the terms and conditions of this Agreement and any aspect of the Service in accordance with its agreement with the Lessor. Such changes may include, for example, changes to: (i) the features and content of the Service, configuration and capacity of the Service, (ii) the Equipment, (iii) the subcontractors, vendors, suppliers and/or licensors Cox uses to support the Service, and (iv) procedures for disputes and policies for termination. You agree that our posting of new terms in the application that controls the Service (the “App”) constitutes notice to you of same and you agree to regularly review the terms of this Agreement to check for updates and changes. You bear the risk of failing to do so. The updated version of this Agreement in the App supersedes any prior version of this Agreement. Your continued use of the Service after an update to or change of this Agreement constitutes your acceptance of such updates and changes. You agree that your sole recourse if you do not accept any such update or change to this Agreement is to cease use of the Service.
c. SERVICE PURPOSE, SCOPE, AND LIMITATIONS — THE SERVICES ARE SOLELY INTENDED TO ENABLE AUTOMATION AND CONTROL OF THE LIGHTING, FRONT DOOR LOCKS, THERMOSTATS, AND OTHER EQUIPMENT IN YOUR UNIT. IT IS NOT A SECURITY SYSTEM, AND IT IS NOT MONITORED IN ANY WAY. IN THE EVENT OF AN INTRUSION, FIRE, INJURY, MEDICAL EMERGENCY, OR ANY OTHER EVENT, THE SERVICE WILL NOT ALERT ANY AUTHORITIES OR EMERGENCY PERSONNEL. YOU HEREBY ACKNOWLEDGE THESE LIMITATIONS, AND YOU AGREE NOT TO USE, OR ATTEMPT TO USE, THE SERVICE FOR ANY SECURITY, PROPERTY PROTECTION, OR LIFE SAFETY PURPOSE, INCLUDING BUT NOT LIMITED TO THE PROTECTION OF INDIVIDUALS OR REAL OR PERSONAL PROPERTY FROM INJURY, THEFT, HARM, OR DAMAGE.
d. INTERNET/BROADBAND CONNECTION —You must have an Internet broadband connection at your premises for use with the Service. Depending on the commercial relationship Cox maintains with the Lessor, the Internet connection will either be provided by the Lessor or by you. The Service uses Internet bandwidth, the amount of which may vary based upon the equipment used and your use of the Service, and such use may count against any applicable data use allowances established by Cox or your third party Internet service provider. All Cox Internet connections are subject to the Cox Internet Subscriber Agreement and the Cox Acceptable Use Policy which may be found at www.cox.com. YOU UNDERSTAND THE SERVICE OPERATES THROUGH A BROADBAND CONNECTION. IF THE INTERNET CONNECTION IS DOWN OR NOT FUNCTIONING PROPERLY, INCLUDING DUE TO EQUIPMENT FAILURE, THE SERVICE WILL NOT FUNCTION. YOU UNDERSTAND THAT THE SERVICE WILL NOT COMMUNICATE INFORMATION WHEN THE INTERNET CONNECTION IS NOT OPERATING OR IS OTHERWISE UNAVAILABLE FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, NON-PAYMENT OF INTERNET SERVICE, SUSPENSION OF INTERNET SERVICE, NETWORK OUTAGES, CABLE CUTS, NETWORK MAINTENANCE, NETWORK CONGESTION, EQUIPMENT FAILURES, OR FORCE MAJEURE EVENTS. YOU ARE RESPONSIBLE FOR TESTING THE SERVICE AT LEAST MONTHLY IN ADDITION TO FOLLOWING ANY POWER OUTAGE, STORM, BROADBAND FAILURE OR ANY OTHER EVENT POTENTIALLY AFFECTING SIGNAL TRANSMISSION TO CONFIRM SERVICE FUNCTION. YOU AGREE TO NOTIFY COX OR YOUR THIRD PARTY INTERNET SERVICE PROVIDER OF ANY SERVICE FAILURE OR MALFUNCTION IMMEDIATELY AND ARE RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES ARISING FROM YOUR FAILURE TO DO SO. Neither Cox nor its subcontractors, vendors, suppliers or licensors is responsible for any temporary or total loss of communication from the Service due to (i) your or the Lessor’s reconfiguring or changing the location of the Equipment; (ii) Your or the Lessor’s relocating or tampering with Equipment; or (iii) modifications made to the Internet connection or configuration. Termination of your Internet service for any reason, whether provided by Cox or a third party Internet Service Provider, including non-payment of service charges, abuse, violation of the Cox Acceptable Use Policy, or any other reason, will not relieve you of any obligations pursuant to this Agreement.