Cox Tech Solutions service will be provided to you ("you," "your," or "Customer") on the terms and conditions set forth in this Agreement (the "Agreement") by contractors of Cox Communications, Inc. or of certain affiliates and subsidiaries thereof (such contractors and all of the foregoing entities are collectively referred to as "Cox," "we," "us," or "our"). This Agreement governs your use of the virus and spyware removal, wireless network setup and PC optimization services, all as more fully described at http://www.cox.com/residential/internet/tech-solutions.cox (the "Services Website"), provided by the Cox contractors and offered as Cox Tech Solutions (the "Services"). The Services do not include the provision of any other Cox service, such as cable television service, High Speed Internet service or Digital Voice service, all of which have their own terms of service and policies that are available at www.cox.com. The Services also do not include computer hardware or related equipment service or repair.
By ordering or accessing the Services, you agree to the terms of this Agreement, including the terms of any policies referenced and incorporated herein and available at www.cox.com/aboutus/policies.cox. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR ANY OF THE POLICIES RELATING TO THE SERVICES, YOU SHOULD IMMEDIATELY STOP USE OF THE SERVICES AND NOTIFY US BY CALLING 1-877-Tec-Solv SO THAT YOUR ACCOUNT MAY BE CLOSED.
From time to time, we may make revisions to this Agreement and the policies relating to the Services. We will provide notice of such revisions either by posting revisions at www.cox.com/aboutus/policies.cox or by sending an email to the email address you provide to us, or both. You agree that it is your responsibility to visit the website periodically to review any such revisions. Changes to this Agreement shall be effective on the date noted in the posting and/or email we send you. By continuing to use the Services after revisions are effective, you accept and agree to abide by them.
NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT.
We will use commercially reasonable efforts to answer your technology questions and resolve your technology problems for a fee as set forth in the description of the Services made available to you at the Services Website. The Services typically will be provided to via you remote access to your computer, telephone, online chat or other means of communication offered by us. We may also agree to perform Services at your residence or at another location.
The Services may be available on a one-time basis, for a fee ("One-Time Services"), or on a subscription basis, which provides Services over a period of time for a recurring fee ("Subscription Services"). If you purchase a One-Time Service, it will be held in your customer account for 12 months from the date of purchase. If you do not use the Service within 12 months from the date of purchase, it will be deleted from your account and no refund will be given. Subscription Services may be subject to additional requirements, limitations, and restrictions depending on the level of service. Except where expressly stated, the Services are intended for, and limited to, personal non-commercial residential use, and do not cover business or commercial use.
If you have Subscription Services, you may obtain Services for up to four personal computers you own, provided that all of those computers are physically located at a single residential address in the United States. You will be required to designate the computers to be covered by the Subscription Services by providing such identifying information as Cox may request. You may only use the Services for the designated computers.
We may, in our sole discretion, refuse to provide the Services to you for any reason including, without limitation, if your technical needs are beyond the scope of the intended Services. The Services may not be available due to system maintenance, Internet service disruptions, availability of personnel, natural disasters or other factors outside our control. The Services do not support all possible computers, operating systems, software, hardware, peripheral devices, applications or features, and are subject to minimum system specifications, requirements and other limitations, as set forth at the Services Website. These specifications may be relocated to another site, updated or modified if we so notify you by email or by a posting on the Services Website. Other than as set forth in the warranty section below, you agree that Cox has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or be related to the Services.
Subject to this Agreement and applicable law, we reserve the right, for any reason, in our sole discretion and without notice to you, to modify, change, suspend or discontinue any and all aspects of the Services, including Software, features and/or hours of availability.
You acknowledge that you are authorizing us to access and control your computer as required to provide the Services you request. In order to provide the Services to you, we may download and use software, analyze system data, perform maintenance tasks, provide you with notices or information requests, and take remote control of your computer and access or modify your computer settings to diagnose, optimize and repair supported devices. By accepting these terms, you hereby grant us the right to connect to your computer and supported devices to accomplish these tasks.
We may determine that an on-site visit is required to resolve your technology problem. If you purchase and schedule on-site service, you or an authorized representative over the age of 18 must be present during the entire period the Services are provided. If you or your representative is not present when we arrive at your designated address or if you fail to cancel your appointment at least 24 hours prior to the scheduled time, the provision of Services may be denied and a cancellation fee may apply. You agree to allow us the right to enter your property at which the Services will be provided (the "Premises") at reasonable times, for purposes of providing the Services. You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. For all on-site visits, all serviceable devices, including your computer and peripheral devices, must be set-up and safely and directly accessible to the on-site technician. Electrical power must be available, as no electrical work will be performed under this Agreement. If the technician determines that these conditions have not been met, the provision of Services may be denied and a cancellation fee or additional service charges may apply. If you purchase additional technician time as an add-on to an on-site Service, such as a block of up to 30 additional minutes, there is no pro-ration or refund if the technician completes the task in less than 30 minutes.
THE SERVICES DO NOT INCLUDE DATA BACKUP OR RESTORATION SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF USE OF THE SERVICES.
WE DO NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE FOR CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE AND LICENSE KEYS OR ANY OTHER PROOF-OF-PURCHASE REQUIRED TO INSTALL OR RE-INSTALL YOUR LICENSED SOFTWARE.
We may need to download and run software on your computer to help diagnose and resolve your technology problem (the "Software"). We use several types of Software: the first type provides computer system information to us which helps us diagnose and resolve your technology problem, the second type allows us to remotely control your computer and modify its settings or software, and the third type generally consists of utilities and other tools to improve computer performance and provide updates.
You must cooperate with us and promptly respond to our requests for information and comply with our requests to take actions to resolve your technology problem. In order to help resolve your technology issue, you may be required to consent to the downloading and use of Software on your computer and accept all applicable license agreements for the Software. Cox may terminate this Agreement if you do not agree to installation of the Software on your computer; or if you alter, modify or disable the Software, or its settings or configurations.
You acknowledge and agree that use of all Software and tools accessed, downloaded or otherwise provided or made available with the Services are subject to the license agreements that may appear or be referenced when you access or download the Software, and that you may not access, download or use any Software without agreeing to the terms and conditions of the license agreements without modification. You may use the Software only in connection with the Services and for no other purpose. You are not granted any title or rights of ownership in the Software. You may not copy, modify, distribute or otherwise transfer the Software or permit others to access or use the Software. You may not decompile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, or otherwise reduce the Software to a human readable form. You agree that we may, but are not obligated to, remove any Software downloaded to your computer during the Services after we have completed or terminated the Services.
You agree to pay any applicable charges associated with the Services, including one-time and recurring service charges and applicable federal, state, and local taxes and fees (however designated). The applicable fees for the Services you order will be supplied to you during the ordering process and are set forth at the Services Website. Charges for the Services may be billed directly to your monthly bill (if you are an existing Cox customer) or charged to a credit card that you provide at the time of ordering the Services.
For Subscription Services, the applicable fees will depend on the type of subscription that you purchase. You will generally be billed monthly, in advance, for recurring service charges and fees. Your first bill may include pro-rated charges from the date you first begin receiving your Subscription Services, as well as monthly recurring charges for the next month and charges for non-recurring services you may have received. The Subscription Services will automatically renew on a month-to-month basis at the then-prevailing rate for such Services until you notify us to cancel your Subscription Service by contacting 1-877-Tec-Solv. If you cancel in the middle of a month, we will refund a pro-rata portion of any fees that you have prepaid.
Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact Cox within sixty (60) days of the date on the bill. You waive any disputes or credits that you do not report within sixty (60) days.
Services to you may be denied or discontinued without notice at any time if your credit card provider denies or discontinues providing credit to you for any reason, or if you fail to make payment when due or provide us with a new credit card expiration date before the existing one expires. You may be billed fees, charges, and assessments, including collection agency or attorney costs, related to late or non-payments if for any reason (a) we do not receive payment for the Services by the payment due date or (b) you pay less than the full amount due for the Services. YOU WILL BE ASSESSED A LATE FEE OF 10% PER MONTH (OR THE MAXIMUM AMOUNT PERMITTED BY APPLICABLE STATE LAW IF LESS) FOR ANY PAYMENT AMOUNT THAT HAS NOT BEEN PAID IN FULL AFTER 45 DAYS FROM THE DATE THE INVOICE WAS SENT. We may also suspend or terminate your Subscription Services for late or non-payment.
We do not anticipate that you will fail to pay for the Services on a timely basis, and we do not extend credit to customers. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Services on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment.
Your use of the Services is only for your personal use on your technology, and not for commercial use, including resale or transfer to others. You may not sell, lease or rent access to or use of the Services. You may not allow manufacturers, suppliers or vendors of your technology or providers of services relating to such technology, to access or use the Services.
In order to receive Subscription Services, you must at all times have current and functional antivirus software in place and running on all your supported computers. If you do not have such antivirus software, you may separately purchase or register for antivirus service from Cox when you first sign up for Subscription Services. You may also purchase antivirus software from a third party, however, you will be responsible for installing and running the software prior to initiating Subscription Service, unless you separately request that Cox install such software for you (applicable fees may apply). If we determine that your third-party antivirus software does not meet our minimum requirements, we may require that you purchase new antivirus software prior to continuing your Subscription Services.
You may terminate this Agreement at any time by calling Cox Tech Solutions at 1-877-Tec-Solv, provided you may incur an early termination fee if you signed up to receive the Services for a 12 month fixed term and you terminate prior to the end of such term. Cox may terminate this Agreement at any time by providing notice to you. Activation or set-up fees paid at the initiation of your Service, if any, are not refundable.
IF YOU SIGNED UP TO RECEIVE THE SERVICES FOR A TWELVE (12) MONTH FIXED TERM AND YOU TERMINATE THIS AGREEMENT PRIOR TO THE END OF SUCH TERM, YOU AGREE TO PAY THE EARLY TERMINATION FEE AS SET FORTH BELOW. YOU ACKNOWLEDGE AND AGREE THAT IF YOU BREACH THIS AGREEMENT, INCLUDING BY NONPAYMENT OF ANY AMOUNTS DUE HEREUNDER, YOU WILL BE DEEMED TO HAVE TERMINATED THIS AGREEMENT AND WILL BE CHARGED ANY APPLICABLE EARLY TERMINATION FEE. Your initial early termination fee will be $99, which termination fee will be reduced by $8.25 for each complete month during the term of this Agreement that you maintain and timely pay for the Services and all other services you receive from Cox; provided, however, you may terminate the Services for any reason without incurring an early termination fee during the first thirty (30) days after you begin receiving the Services by contacting us at 1-877-Tec-Solv. You will be responsible for paying for the Services received and all other charges and fees that you incur prior to your cancellation of the Services.
We reserve the right to cease providing the Services for any reason at any time and instead, as your sole and exclusive remedy, refund the fees paid for the Services for the time period for which you have paid, if any, after termination of the Services. If you breach the terms of this Agreement, no refund will be provided. Other than providing a refund when we terminate for our convenience, we will not be liable to you or any third-party for termination of the Services for any reason.
You acknowledge and agree that upon termination we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to the Services. Fees for Subscription Services will be pro-rated based upon the date of termination. You understand and agree that your right to possess or use Software provided as part of the Services will terminate and such Software may cease to operate, update or function properly after termination of the Services.
We will use commercially reasonable efforts to troubleshoot, analyze, assess, correct or otherwise resolve your computer or network problems. If we are unable to resolve your computer or network problem, we may still charge you a Diagnostic Fee in the amount posted on the Services Website. If we provide a One-Time Service and you later experience a problem with the resolution, you must call us within seven (7) days from the day you originally received the One-Time Service, and we will use commercially reasonable efforts to try to resolve your problem at no additional charge. If we determine that the One-Time Service was not performed correctly or otherwise failed to correct the problem in the first instance and we cannot resolve the problem, we will refund the fees that you paid for the One-Time Service. If we determine that the original One-Time Service was performed correctly and the subsequent problem you experience was the result of a new or different cause (such as a new virus infection occurring after the original One-Time Service), such problem will not be covered under the limited warranty described in this section.
This limited warranty does not create an obligation for us to correct problems caused by defective products or any modifications of the completed installation set-up (example: movement or set-up or addition of more components by anyone not deployed by Cox or to assist you in the additional calibration of installation settings beyond initial set-up). No warranty is made hereunder for the hardware, software, or consumer electronic products associated with the Services. Furthermore, no warranty is made for any repeat occurrence caused by you of a virus or spyware infection that was previously removed in connection with the Services. Products shall be covered by the terms of any manufacturers' warranties or extended service plans ("Third Party Plans and Warranties") purchased by you. You agree to make any claims that you have related to your product warranty and any warranty period only to the providers of Third Party Plans and Warranties. No other warranties, expressed or implied, are made hereunder relating to the Services.
As set forth below, there are no other warranties for the Services.
WE DO NOT WARRANT THAT THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED, ERROR FREE, OR SUCCESSFUL IN RESOLVING YOUR QUESTION OR COMPUTER PROBLEM. NO ADVICE OR MATERIALS OBTAINED BY YOU FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY. ANY CONTENT OR SOFTWARE THAT YOU ACCESS, DOWNLOAD OR USE WITH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.
Neither Cox nor its affiliates, subsidiaries, suppliers, employees, agents, or contractors warrant that the Services will meet your requirements or expectations. REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
You agree that you shall be responsible for and shall defend, indemnify, and hold harmless Cox and its employees, affiliates, suppliers, agents and contractors and shall reimburse us for any damages, losses or expenses (including without limitation, reasonable attorneys' fees and costs) incurred by us in connection with any claims, suits, judgments, and causes of action arising out of (a) any violation of applicable laws or regulations by you (or any parties who use your account, with or without your permission, to access the Services); (b) your use of the Services; (c) violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property and proprietary rights arising from your use of the Services; and (d) your breach of any provision of this Agreement.
To the extent permitted by applicable law, our liability shall be limited to the total Service charges paid for the Services performed. Your sole and exclusive remedies under this Agreement are as expressly set forth in this Agreement.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER COX NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT OR CONTRACT) HAVE ANY LIABILITY TO THE CUSTOMER OR TO ANY OTHER PERSON OR ENTITY FOR THE FOLLOWING LOSSES, DAMAGES, OR COSTS:
a. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE OR THE CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES, OMISSIONS, LOSS OF E-MAIL OR OTHER INFORMATION OR DATA).
b. ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE SERVICES BY YOU OR ANY OTHER PERSON OR ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
c. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER COX NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO YOUR CUSTOMER EQUIPMENT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY COX, SUPPLIERS, EMPLOYEES, AGENTS, OR CONTRACTORS, WE SHALL PAY AT OUR SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
Certain of the above limitations may not apply if your state does not allow the exclusion or limitation of implied warranties or does not allow the limitation or exclusion of incidental or consequential damages. In those states, the liability of Cox and its employees, affiliates, suppliers, agents, and contractors is limited to the maximum extent permitted by law. All limitations and disclaimers stated in this Agreement also apply to Cox's third party contractors, as third party beneficiaries of this Agreement.
All representations, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.
You acknowledge that certain third party equipment or software warranties may limit or void the remedies that they offer if unauthorized persons perform support service on the equipment or software. It is your responsibility to ensure that any impact that delivery of the Services might have on third party warranties is acceptable to you and you assume the risk of any and all such adverse impact on any third party warranties.
You agree that we may communicate electronically by e-mail and/or may make communications available to you by posting them on the Services Website, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES WHICH ARE SUBJECT TO LATE OR NON-PAYMENTS SECTION ABOVE), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
You and Cox agree that you will try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved by telephone, you agree to notify Cox of the dispute by sending a written description of your claim to Cox Customer Care, ATTN: Corporate Escalation Team, 6205-B 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 notice of it, then you may pursue the claim in arbitration. Neither you nor Cox may initiate arbitration without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this paragraph.
This Agreement, the Arbitration Provisions and any other documents incorporated by reference (including hyperlinks) constitute the entire agreement and understanding between you and us with respect to the subject matter of this Agreement, and replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. We do not waive any provision or right we fail to insist upon or enforce strict performance of any provision of this Agreement. You may not assign this Agreement to a third party. We may freely assign all or any part of this Agreement and you agree to make all subsequent payments as directed. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Agreement.
The term "Arbitration Provision" means all the terms in the sections following the Arbitration Provisions heading. As used in the Arbitration Provision, the term "Dispute" means any dispute, claim or controversy between you and Cox regarding any aspect of your relationship with Cox that has accrued or may hereafter accrue, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision (with the exception of the enforceability of the class action waiver clause provided in the Restrictions section below). "Dispute" is to be given the broadest possible meaning that will be enforced. As used in the Arbitration Provision, "Cox" means Cox Communications, Inc., its officers, directors, employees and agents, and all entities using the brand name "Cox", including your local cable company, its employees, authorized agents, and its parents, subsidiaries and affiliated companies.
If you have a Dispute with Cox that cannot be resolved through the informal dispute resolution processes described in this Agreement, you or Cox may elect to arbitrate that Dispute in accordance with the terms of this Arbitration Provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. In arbitration, there is no judge and no jury, and review of arbitration decisions in the courts is very limited. 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. Discovery may be limited in arbitration, and procedures are more streamlined than in court. Notwithstanding this arbitration agreement, you and Cox may bring appropriate claims against each other in small claims court, if the claims fall 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 your claims.
You may opt out of this Arbitration Provision (except for the section entitled Jury Trial Waiver) by notifying Cox of that intent within 30 days of the date of this Agreement for current customers. For new customers activating Service after the date of this Agreement, you may opt out by notifying Cox of that intent within 30 days of the date you subscribe to the Service. You may opt out through either of the following options (please include your name, address, and Cox account number on the communication): (1) sending a letter stating your intent to reject this dispute resolution provision for Cox Tech Solutions Services to Cox at Cox Legal Department, Attn: Litigation Counsel, 6205-B Peachtree Dunwoody Road, Atlanta, GA 30328; or (2) sending an email with your intent to reject this dispute resolution provision for Cox Tech Solutions Services to ArbitrationOptOut@cox.com. Exercising this right, should you choose to do so, will not affect any of the other terms of this Agreement or other contracts with Cox and you may remain a Cox customer. If you opt out of the dispute resolution provision, you will not be required to do so again if Cox modifies this section in the future or you agree to a new term of service.
Because the service provided to you by Cox concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from Cox may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration, however, shall not be applicable under this Arbitration Provision.
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 Supplementary Procedures for Consumer-Related Disputes 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 Legal Department, Attn: Litigation Counsel, 6205-B 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 an 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 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 a mutually convenient location. If you seek less than $10,000, then you may choose to hold the arbitration in person, via phone, or to have it decided based on written submissions.
If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
You and Cox agree that all claims or 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 claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or Cox. Notwithstanding the foregoing, this arbitration agreement shall not prohibit you or Cox from participating in any judgment or settlement in any litigation brought by a federal, state, or local government on behalf of you or us, excluding litigation brought by any relator or party in its capacity as a private attorney general. 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 Provision will not apply to any claim or dispute between you and Cox, except for the section entitled Jury Trial Waiver. This class action waiver may not be severed from our arbitration agreement.
If for any reason the Arbitration Provisions are found to be unenforceable, including without limitation, that the class waiver is found 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.
If any clause within this Arbitration Provision (other than the class action waiver clause identified in the Restrictions section above) is found to be illegal or unenforceable, that clause will be severed from the Arbitration Provision, and the remainder of the Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court. If this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, you and Cox have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
This Arbitration Provision shall survive the termination of your service with Cox. If you bring a claim against Cox after termination of your contract that is based in whole or in part on events or omissions that occurred while you were a Cox customer, this Arbitration Provision shall apply.
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