TERMS AND CONDITIONS
You, individually (“You” or “Subscriber”), and any other person who uses the Services (together with Subscriber, the “Subscriber Group”), agree to be bound by, these Service Terms and Conditions (“General Terms”), with respect to the use of Spectrum High School Sports Hawaii and services (“Service” or “Services”), as well as the Spectrum Subscriber Privacy Notice which may each be found at https://spectrumhi.oc16.tv/privacy-policy/ (the “Website”) under “Terms and Conditions” and “Your Privacy Rights,” as such may be updated from time to time (collectively with the General Terms, the “Terms of Service”), which are incorporated herein by this reference. For purposes of these Terms of Service, all references to “Spectrum” mean Charter Communications Operating, LLC and any of its affiliates or subsidiaries providing Subscriber the Services (including third parties Spectrum may retain to provide the Services).
Subscriber’s online acceptance, e-signature, or use of the Services are evidence of Subscriber Group’s agreement to the Terms of Service and representation to Spectrum that Subscriber is at least 18 years of age. Spectrum may, in its sole discretion, change the Services, and/or the Terms of Service at any time. Spectrum may notify Subscriber of any such changes to the Terms of Service by posting notice of such changes on the Website or sending notice via text, e-mail, postal mail, or other reasonable means. The Subscriber Group’s continued use of the Services after notice of the change shall be considered Subscriber’s acknowledgement and acceptance of the changes, and the most-recent version of the Terms of Service controls Subscriber’s relationship with Spectrum and Spectrum’s provision of Services to Subscriber. If Subscriber does not agree to any modification of the Terms of Service, Subscriber must immediately cease using the Service and notify Spectrum that Subscriber is terminating its Service in accordance with the Terms of Service. Spectrum does not provide refunds or credits for any unused Services if Subscriber chooses to terminate its Service. Subscriber may not modify the Terms of Service by making any typed, handwritten, or any other changes to it for any purpose. This is a binding legal document. In the event that a portion of the Services is terminated, or any aspect of it is changed, any remaining Service or replacement Service will continue to be governed by the Terms of Service.
THESE TERMS OF SERVICE CONTAIN (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST SPECTRUM MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS. THESE PROVISIONS AFFECT SUBSCRIBER’S RIGHTS UNDER THESE TERMS OF SERVICE WITH RESPECT TO ALL SERVICES. SEE SECTION 25 FOR DETAILS ON THESE PROVISIONS.
- Subscription Term: The Service is available on an annual subscription basis only, based on a 12-month period starting August 1 and ending July 31. Subscriber acknowledges that content viewable through the Service may only be available at certain times during the subscription term. Subscriber may subscribe to the Service at any time after August 1 upon payment of the full price for the annual subscription, the price will not be pro-rated for a partial year subscription. The subscription will not automatically renew, Subscribers will be required to purchase a new annual subscription each year in order to view any content through the Service. Subscriber acknowledges that upon renewal all pricing is subject to change.
- Minimum Equipment Requirements: The quality of the display of the Service may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. To use the Service, Subscriber must meet minimum hardware and software system requirements and Internet connectivity requirements as identified by Spectrum:
- Operating System. The personal computer or device that Subscriber uses to access the Service must use one of the following operating systems: Windows 7+ or Mac OS X 10.9+.
- Internet Browser. The personal computer or device that Subscriber uses to access the Service must use one of the following Internet Browsers: Google Chrome, Firefox, Internet Explorer, or Safari.
- Internet Connectivity. The minimum Internet connection speed for SD content is 1.5 Mbps, however Spectrum recommends a download speed of at least 5.0 Mbps or faster connection for better video quality.
- The minimum standards may change, and Spectrum will make reasonable efforts to support previously acceptable configurations; however, Spectrum is not obligated to continue to provide such support.
Spectrum does not provide technical assistance for Subscriber-provided or third party hardware or software. Any questions concerning third-party hardware or software should be directed to the manufacturer of that product. Spectrum is also not responsible for the operation or support, maintenance or repair of any Internet connection not provided by Spectrum.
- Service Limitations: Subscriber must be 18 years of age. Individuals in the Subscriber Group may only use the Service with the permission of a parent or legal guardian, subject to the Terms of Service. The Subscriber Group may use the account created by Subscriber to view up to 2 instances of the Service simultaneously. If any other member of the Subscriber Group attempt to login to the account to view any additional content at the same time, Spectrum may deny access to the Service.
- Copying, Reproduction, and Distribution of Programs: Subscriber agrees that Subscriber shall use the programs, content, and Services provided by Spectrum solely for Subscriber’s personal, non-commercial use and will not copy, reproduce, or otherwise redistribute such programs, content, or Services except in compliance with applicable law. Spectrum shall have the right to determine in its sole discretion what constitutes an “inappropriate” or “commercial use” of the Service.
- Prohibited Uses and Activities: The Subscriber shall not use the Service for illegal or inappropriate activities or otherwise engage in any illegal or inappropriate activities in its course of dealings with Spectrum, including but not limited to:
- Invading another person’s privacy; unlawfully using, possessing, posting, transmitting or disseminating obscene, profane or pornographic material; posting, transmitting, distributing or disseminating content which is unlawful, threatening, abusive, harassing, libelous, slanderous, defamatory or otherwise offensive or objectionable;
- Redistributing or retransmitting the Service, or any portion thereof, or transmitting or distributing the Service, or any portion thereof, to persons outside the service location on Subscriber’s account;
- Connecting or attaching equipment to the Service with the intended purpose to distribute the Service in an unauthorized manner;
- Restricting, inhibiting or otherwise interfering with the ability of any other Spectrum subscriber to use or enjoy any Spectrum service, the Service, or the Internet.
- Reselling the Service or any other Spectrum services;
- Conducting a pyramid or other illegal soliciting scheme;
- Impersonating any person or entity or forging anyone else’s digital or manual signature; or
- Harassing, threatening, or otherwise verbally abusing Spectrum employees or its agents.
Engaging in one or more of these activities may result in termination of Subscriber’s Service. This Section shall not in any way limit Spectrum rights of termination pursuant to any other provision of the Terms of Service.
- Security: Spectrum requires Subscriber to create an account login or username and password that meet its current security requirements. Subscriber agrees to maintain the security and confidentiality of Subscriber’s usernames and passwords or similar credentials that enable Subscriber to access the Service. Subscriber further agrees not to disclose such credentials to any third party. Without limitation of the foregoing, Subscriber agrees that Subscriber shall not disclose such credentials to third parties to enable them to access the Service.
- License Requirements: Subscriber agrees to comply with all end user license requirements relative to any of the services which Subscriber accesses pursuant to the Terms of Service. Subscriber may not decompile, reverse engineer, disassemble, modify, create derivative works of, or in any way derive any source code from the Service, or any portion thereof including Spectrum software or third party software made available through or in connection with the Service. Subscriber agrees not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices contained or embedded within or on the Service.
- Payment of Charges: Subscriber must pay in advance for an annual subscription to the Services, plus applicable fees, taxes, and payment processing fees. PAYMENTS ARE NONREFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS OF TIME OR IF SUBSCRIBER IS NOT ABLE TO MEET THE MINIMUM EQUIPMENT AND INTERNET CONNECTIVITY REQUIREMENTS. Subscriber may be directed to a third party site to submit and process payment information. Subscriber shall notify Spectrum of disputed charges or items within sixty (60) days of invoice receipt, or longer as required by applicable law. Additional charges may apply for service visits when Subscriber-provided equipment or software is the cause of any service degradation, outage, or other problem with your Service. Subscriber agrees and understands that by entering into the financial arrangement described herein, Spectrum is not extending Subscriber any credit and therefore that Spectrum and Subscriber are not entering into a consumer credit or similar transaction.
- Disruption of Service: All Services are provided on an “AS IS” and “AS AVAILABLE” basis. In no event shall Spectrum be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Spectrum’s reasonable control.
- Subscriber Property: Spectrum assumes no responsibility and shall have no responsibility for the condition or repair of any Subscriber-provided equipment and/or software. Subscriber is responsible for the repair and maintenance of Subscriber-provided equipment and/or software. Spectrum is not responsible or liable for any loss or impairment of Spectrum’s Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber-provided equipment and/or software. Subscriber warrants that Subscriber is either the owner of such equipment or that Subscriber has the authority to give Spectrum access to it.
- Acknowledgments and Contents Regarding Recording of Communications and Contact Rights:
- Recording of Communications. Subscriber acknowledges and agrees that all communications between Subscriber and Spectrum may be recorded or monitored by Spectrum for quality assurance or other purposes subject to applicable law.
- Consent to Phone Calls. Spectrum may call or text Subscriber or authorize others to call or text Subscriber on its behalf including but not limited to at any number Subscriber provides to Spectrum (or that Spectrum issues to Subscriber) for any purpose, including marketing Spectrum’s services. If Subscriber’s numbers are included on state or federal “do not call” lists, Spectrum will not call or text Subscriber for marketing purposes, but still may call or text Subscriber or authorize others to do so for non-marketing purposes. Subscriber is responsible for charges for incoming text messages on Subscriber’s wireless phone(s).
- Other Notices. Subscriber authorizes Spectrum to provide other notices to Subscriber using any method Spectrum determines appropriate, including by electronic means (for example, email or online posting).
- Other Consents. Spectrum may ask Subscriber to provide other consents or authorizations, including by electronic means, or email, and Spectrum is entitled to assume that any consent or authorization Spectrum receives through the Services or from Subscriber’s location has been authorized by Subscriber.
- Email Address for Notice. Upon Spectrum’s request, Subscriber will provide Spectrum with a current email address that Subscriber regularly checks so that Spectrum may provide notices and communications to Subscriber at that address. Spectrum’s right to contact Subscriber as described in this Section survives the termination of these Terms of Service.
- Secure Connection Requirements. Without abrogating or otherwise limiting Subscriber’s separate obligations to secure Subscriber’s account and equipment under the Terms of Service, Spectrum shall have the right to implement reasonable measures necessary to track, manage, and/or ensure the security of the connection between any device or application used by Subscriber, members of Subscriber’s household, Subscriber’s guests, or any third parties and Spectrum’s Equipment, system, or other network facilities (whether by physical, WiFi, wireless, software, or other means of connection), including without limitation authentication, access security, or other processes and means.
- Assignment or Transfer: The Terms of Service and the Services and/or Equipment supplied by Spectrum are not assignable or otherwise transferable by Subscriber, without specific written authorization from Spectrum.
- Termination and Expiration:
- Termination for Bankruptcy: Spectrum shall have the right to terminate the Terms of Service immediately in the event that Subscriber makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as a bankrupt or the reorganization of Subscriber. Subscriber agrees that in the event of termination pursuant to this subsection, Spectrum shall have no liability to Subscriber.
- Termination for Breach: In the event of any breach of the Terms of Service by Subscriber, the failure of Subscriber to abide by the rates, rules and regulations of Spectrum, the failure of Subscriber to provide and maintain accurate registration information, or any illegal activity by the Subscriber using any Service, the Terms of Service may, at Spectrum’s option and Spectrum shall have no liability to Subscriber. Subscriber shall pay reasonable collection and/or attorney’s fees to Spectrum in the event that Spectrum shall, in its discretion, find it necessary to enforce collection or to preserve and protect its rights under the Terms of Service. Spectrum may terminate the Terms of Service or Spectrum may reject an application or block access to or use of any component of any Service for any reason including, but not limited to, if:
- Subscriber violated the Terms of Service as to this or another Spectrum account;
- The information required in the application process is or becomes incorrect, absent or incomplete;
- Subscriber threatened or harassed any Spectrum employee, agent, contractor or representative;
- Subscriber’s credit card issuer refuses a charge or any other payment method fails to compensate Spectrum;
- There is a violation of the Terms of Service or other agreements with respect to any Service, as determined in the sole discretion of Spectrum; or
- The amount of technical support required to be provided to Subscriber is excessive as determined in the sole discretion of Spectrum.
- Renewal after Cancellation or Termination: Subscriber acknowledges and agrees that in the event of renewal after cancellation or termination of a Service, Subscriber shall be subject to the pricing, warranties, and Terms of Service as are effective at the time of such renewal.
- Spectrum’s Right to Pursue Remedies. If Subscriber breaches the Terms of Service, Spectrum has the right to seek compensation from Subscriber for such breach through arbitration or, if Subscriber has opted out of the arbitration provision or we are seeking an order requiring you to do or refrain from doing something, in court.
- Disclaimer: Spectrum assumes no liability for any program, services, content or information distributed on or through the Services, unless locally produced by Spectrum, and Spectrum expressly disclaims any responsibility or liability for Subscriber’s use thereof. Further, Spectrum shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
- Spectrum’s Reservation of Rights: Spectrum reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, Spectrum will provide notice that is reasonable under the circumstances before suspending or terminating Service to an existing Subscriber, and Spectrum will provide any prior notice of suspension or termination that is required by law.
- Indemnification. In requesting and accepting Spectrum Services, Subscriber agrees to defend, indemnify, and hold Spectrum, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, “Spectrum Indemnitees”) harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from:
- Any violation of Spectrum’s Terms of Service, Acceptable Use Policy, or other published policies or requirements;
- The negligence, willful misconduct, violation of a third party’s rights, or failure to comply with applicable law by (i) Subscriber, (ii) members of Subscriber’s household, or (iii) Subscriber’s guests, or (iv) any other person using the Services provided to Subscriber;
- Libel or slander resulting from any use of the Services by (i) Subscriber, (ii) members of Subscriber’s household, (iii) Subscriber’s guests, or (iv) any other person using the Services provided to Subscriber;
- Infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret, or other intellectual property rights (whether by transmission or material or otherwise) by (i) Subscriber, (ii) members of Subscriber’s household, (iii) Subscriber’s guests, or (iv) any other person using the Services provided to Subscriber, including that effected through combination of Subscriber’s use of the respective Service(s) with facilities, equipment, or services provided or used by Subscriber or obtained from third parties;
- Any unauthorized, unlawful, or fraudulent use of or access to the Services, except as otherwise provided by applicable law; and
- Any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, or condition, and/or that which arises out of the negligence or other wrongful act of (i) Subscriber, (ii) members of Subscriber’s household, (iii) Subscriber’s guests, or (ii) any other person using the Services provided to Subscriber.
The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the Spectrum Indemnitees. Subscriber agrees that Spectrum Indemnitees are not liable for any damages or liability resulting from the loss of Services, nor will Subscriber make any claims or undertake any actions against Spectrum Indemnitees for loss of Service. Subscriber shall be solely responsible for any damage to or loss of Spectrum Equipment, unless such damage or loss is caused solely by the negligence or willful misconduct of Spectrum Indemnitees.
- LIMITATION OF LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF SPECTRUM AND ITS THIRD-PARTY SERVICE PROVIDERS, PAYMENT PROCESSORS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES). Without limitation of the foregoing, Subscriber acknowledges and agrees that Spectrum shall not be liable for any use of Subscriber’s information provided to third parties in connection with Subscriber’s use of the Services or other third party services or functions available through the Service. Spectrum shall not be liable or responsible for any errors, losses, or interruptions in connection with Subscriber’s use of the Service, and any features or functionalities thereof. UNDER NO CIRCUMSTANCES SHALL SPECTRUM BE LIABLE TO CUSTOMER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD-PARTY SERVICE PROVIDERS, AGENTS OR SUBCONTRACTORS OF SPECTRUM, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. SPECTRUM’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY SPECTRUM OF ANY OBLIGATION SPECTRUM MAY HAVE UNDER THESE TERMS OF SERVICE OR APPLICABLE LAW, SHALL BE CUSTOMER’S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY SPECTRUM. IN NO EVENT SHALL SPECTRUM’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THESE TERMS OF SERVICE EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE CURRENT SUBSCRIPTION TERM. SUBSCRIBER ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST SPECTRUM THAT RESULTS IN WHOLE OR IN PART FROM SUBSCRIBER’S FAILURE TO COMPLY WITH THESE TERMS OF SERVICE. THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS OF SERVICE.
- ARBITRATION. The following provisions are important with respect to the agreement between Subscriber and Spectrum regarding Spectrum’s Services memorialized by these Terms of Service. PLEASE READ THEM CAREFULLY TO ENSURE THAT SUBSCRIBER UNDERSTANDS EACH PROVISION. These Terms of Service require the use of arbitration to resolve disputes and otherwise limit the remedies available to Subscriber in the event of a dispute. Subject to the “Exclusions” paragraph below, Spectrum and Subscriber agree to arbitrate disputes and claims arising out of or relating to these Terms of Service, the Services, the Equipment, or marketing of the Services Subscriber has received from Spectrum. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court. THESE TERMS OF SERVICE MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.
A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled “Notice of Intent to Arbitrate” (“Notice”). The Notice to Spectrum should be addressed to: VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131 (“Arbitration Notice Address”). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, Subscriber or Spectrum may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of these Terms of Service. The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Service, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at “www.adr.org,” by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.
SPECTRUM SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR’S FEES FOR CLAIMS OF UP TO $75,000. SUBSCRIBER IS RESPONSIBLE FOR ALL OTHER ADDITIONAL COSTS THAT SUBSCRIBER INCURS IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED OF SPECTRUM UNDER APPLICABLE LAW.
If the arbitrator’s award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules. The parties agree that the arbitrator must give effect to the terms of these Terms of Service. The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual’s claim. Unless Spectrum and Subscriber agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish) of Subscriber’s billing address.
SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND SPECTRUM ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY. SUBSCRIBER AND SPECTRUM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN SUBSCRIBER’S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, unless both Subscriber and Spectrum agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.
Right to Opt Out. If Subscriber does not wish to be bound by these arbitration provisions, Subscriber must notify Spectrum in writing within 30 days of (a) the date that this arbitration provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber may opt out by mail to the Arbitration Notice Address. Subscriber’s written notification to Spectrum must include Subscriber’s name, address, and Spectrum account number as well as a clear statement that Subscriber does not wish to resolve disputes with Spectrum through arbitration. Subscriber’s decision to opt out of this arbitration provision will have no adverse effect on Subscriber’s relationship with Spectrum or the delivery of Services to Subscriber by Spectrum.
Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY. For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from these Terms of Service, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
EXCLUSIONS. SUBSCRIBER AND SPECTRUM AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
(1) ANY INDIVIDUAL ACTION BROUGHT BY SUBSCRIBER OR BY SPECTRUM ON ANY MATTER OR SUBJECT THAT IS WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS.
(2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS.
(3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE.
The foregoing arbitration provisions shall survive the termination of these Terms of Service.
- CLAIMS LIMITATION. SUBSCRIBER HAS ONE YEAR TO BRING A CLAIM AGAINST SPECTRUM, UNLESS SUBSCRIBER OPTS OUT. Subscriber must bring any claim against Spectrum within one (1) year after the date on which the claim arose or, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If Subscriber does not bring a claim within this period, Subscriber waives, to the fullest extent permitted by law, all rights Subscriber has to such claim and Spectrum will have no liability with respect to such claim. Subscriber may opt out of this Section, in which case the normal statute of limitations will apply. To opt out, Subscriber must notify Spectrum in writing by sending a letter to Spectrum addressed to VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131, within 30 days of (a) the date that this provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber’s written notice must include Subscriber’s name, address, and Spectrum account number as well as a clear statement that Subscriber does not wish this Section to apply. This Section shall survive the termination of these Terms of Service.
- Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York (except that any conflicts-of-law principles of such state that would result in the application of the law of another jurisdiction shall be disregarded). These terms will not limit any consumer protection rights that Subscriber may be entitled to under the mandatory laws of your state of residence.
- Force Majeure: Spectrum shall not be liable for any failure of performance or equipment of any kind (including Spectrum Equipment) due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; loss of electrical power; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Spectrum, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
- Survival of Terms. In addition to the terms that are specifically noted in these Terms of Service as surviving termination of these Terms of Service, all representations, warranties, indemnifications, and limitations of liability shall survive these Terms of Service. Spectrum’s right to contact Subscriber shall also survive these Terms of Service unless Subscriber opts out in the manner described in these Terms of Service. All other obligations of Subscriber and Spectrum under these Terms of Service also survive termination if they relate to the period before termination or, if by their terms, they would be expected to survive such termination.
- Entire Agreement: These Terms of Service constitute the entire agreement between the Subscriber and Spectrum. No undertaking, representation or warranty made by an agent or representative of Spectrum in connection with the sale, installation, maintenance or removal of Spectrum’s Services or Equipment shall be binding on Spectrum except as expressly included herein. Subscriber agrees that, if any portion of these Terms of Service are held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and if severed or rendered null and void thereby, the remaining portions will remain in full force and effect. If Spectrum fails to insist upon or enforce strict performance of any provision of these Terms of Service, it does not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service.