This is an important contract between you and Charter. Please retain this and all accompanying documents referred to herein or regarding your Services with your important papers. Your signature on the work order presented to you upon installation of TV Service, Phone or Internet and/or your use of TV Service, Phone or Internet are evidence of your agreement to the terms and conditions set forth herein. We may change our prices, fees, the Services and/or the terms and conditions of this Agreement, or any other customer agreement in the future, and we will provide you advanced notice of any such changes. Your continued use of the Services, more than 30 days after notice of the change, shall be considered your acknowledgement and acceptance of the changes. The current version of this Agreement and all documents referred to herein may always be found at "www.charter.com." You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose. For purposes of this Agreement, "affiliate" means any subsidiary of Charter Communications, Inc.
Unless you have entered into a Term Contract (term defined below), you have subscribed to Service to be provided on a month-to-month basis. PURSUANT TO SUCH MONTH-TO-MONTH SERVICE RELATIONSHIP, CHARTER WILL CONTINUE TO PROVIDE YOU AND YOU WILL BE RESPONSIBLE FOR THE SERVICE(S) TO WHICH YOU HAVE SUBSCRIBED, IN EACH SUCCESSIVE MONTH UNTIL THIS AGREEMENT IS TERMINATED IN ACCORDANCE WITH ITS TERMS.
If you are a customer of commercial services, sold under the Charter Business® brand, this Agreement does NOT apply to you.
You agree to pay all charges associated with Service, including, but not limited to installation charges; disconnect charges; monthly service charges; equipment charges; surcharges; service call charges; applicable federal, state and local taxes; and any fees or payment obligations imposed or permitted by governmental or quasi-governmental bodies for the sale, installation, use or provision of Service. You warrant that you owe no monies to Charter from prior accounts with Charter. In the event that Charter finds that you owe any amounts from an undisclosed prior account, Charter may apply any funds received from you to such prior account, and suspend or terminate Service until all amounts owed are paid in full. You agree to pay any regulatory recovery fees for municipal, state and federal government fees, assessments or payment obligations imposed or permitted.
You are also responsible for paying any government imposed fees and taxes, including franchise fees. Charter will review on a quarterly and annual basis the amount it collects in franchise fees and taxes and start refunding to current subscribers franchise fees and taxes it may have collected in excess of sums due to governmental authorities within 15 months of the end of each calendar year. In some cases, you may be billed for franchise fees that relate to time periods before you began receiving service. Charter will not bill you for these past franchise fees more than 4 years after the year they are incurred by Charter. Franchise fees resulting from an audit by your franchising authority are incurred at the time those fees are assessed.
Video price information for your community can be found on the current rate card for the cable television system in your area.
Term Contracts. If you have completed a separate service agreement with Charter in which you commit to subscribe to any Service for a minimum term ("Term Contract"), your price and special terms for such Service is as specified in such contract. Refer to "www.charter.com" under "Terms of Service/Policies" for details.
Charter Refund Policy/30-Day Guarantee. New Charter customers (those who have not been Charter customers for 30 days prior to subscription) qualify to have all levels of subscription service refunded/credited if not fully satisfied with the service. Current customers adding a new level of subscription service qualify to receive a refund/credit on those newly added subscription services only. Refund valid for customers who pay for their first month of new or upgraded monthly recurring subscription services including Video, Internet and/or Phone Service, hardware purchased or leased, and installation (when customer paid for installation). Pay-Per-View and other non-recurring subscription purchases are not refundable. Limited to one refund or credit per subscription per household. Refunds/credits will be given only when request for cancellation of service is received by Charter within 45 days of installation of service (30 days subscribing to the service, plus 15 day grace period for formal request of refund/credit). Any equipment associated with the new subscription must be returned prior to release of refund/credit. Any state taxes, franchise fees and other fees or charges that may apply are the responsibility of the customer and will not be refunded or credited. Installation fees may apply for complex installation and more than one outlet. Internet speeds may vary. Offer subject to change. Other restrictions apply.
You authorize us to make inquiries and to receive information about your credit, to retain this information in your account, and to disclose this information to third parties for reasonable business purposes.
Billing Procedure. Unless you have signed a Term Contract, Service is provided to you on a month-to-month basis. You will be billed monthly, in advance, for recurring service charges, equipment charges, surcharges, taxes and fees. In addition, you must pay, on or before the day we install Service, the first month's service charges, equipment charges, any pre-payments or deposits, and any installation charges. You may be billed for some programming after it has been provided to you; this may include, but is not limited to charges for on-demand or pay-per-view movies or events. Your first bill may include pro-rated charges for Service you have received. If you make partial payment of any bill, we will apply that payment to the outstanding charges in the amounts and proportions that we determine. However, we do not waive our rights to collect the full balance owed to us by accepting partial payment. Unless otherwise stated in these Legal Terms for a particular Service, or subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact us 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.
Failure to Pay. You may be billed late fees, charges and assessments related to late payments or non-payments if for any reason (a) Charter does not receive from you any required payment for Service by the payment due date or (b) you pay less than the full amount due for Service. We do not anticipate that you will fail to pay for Service on a timely basis, and we do not extend credit to customers. Any late fees, charges, and assessments due to late payment or non-payment do not constitute interest, credit service charges, finance charges or penalties. A late fee is intended to be a reasonable advance estimate of costs to manage past due accounts and may be charged through the disconnection date (e.g., the following, if applicable: the additional expense associated with preparing additional bill statements, processing Customer's service records, mailing additional notices, tracking past due accounts, responding to inquiries regarding past due balances, making collection telephone calls, performing special procedures to process past due payments, generating work orders and performing necessary field work to collect past due accounts). The amount of any late fee and other separate or additional charges are set forth in the current rate card for the cable television system in your area or in the applicable terms and conditions for other Services. Charter's late fee practices may be revised to comply with applicable federal, state or local laws, rules or regulations. If you fail to pay the full amount due for Service then Charter, at its sole discretion in accordance with applicable law, may also suspend or disconnect any or all other Services you receive. Should you wish to resume a Service after any suspension, we may require you to pay a reconnection fee. Should you wish to reinstate any or all Services after disconnection, we may require you to pay an installation fee and/or service activation fee. These fees are in addition to all past due charges and other fees. Reconnection of Service is subject to our credit policies, this Agreement and applicable law.
Third Party Charges. You acknowledge that you may incur charges for non-Charter services with third-party service providers that are separate from the amounts you are charged by Charter. These may include charges resulting from purchasing goods through your Video Service or otherwise. You are solely responsible for all charges payable to such third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information you provide to others in connection with such transactions.
Payment by Credit or Debit Card, Check or Electronic Bill Pay. If you use a credit or debit card to pay for Service, use of the card is governed by the card issuer agreement for that card, and you must refer to that agreement for your rights and liabilities as a cardholder. If Charter does not receive payment from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand. If you make payment by check, you authorize Charter to collect such payment electronically. You may not amend or modify this Agreement with any restrictive endorsements (such as "paid in full"), releases, or other statements on or accompanying checks or other payments accepted by Charter; any such notations shall have no legal effect. If your card issuer or financial institution refuses payment for insufficient funds, closed or unauthorized accounts, or any other reason, you will be charged an insufficient fund charge (as set forth in the applicable Video Service rate card for the cable television system in your area or in the applicable terms and conditions for other Services) for each instance in which such payment is refused. You hereby authorize Charter to collect any declined amount and the insufficient funds charge(s) electronically from the subject account. In addition, your Service may be suspended. This fee is in addition to any charges your financial institution may assess. If initially rejected, Charter will make additional multiple attempts to execute the payment for up to thirty days following the initial refusal. If you sign up for electronic bill pay service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all bill payments that you authorize using the electronic bill payment service, and you accept responsibility for all activities that occur through the use of your account or password. If you believe that your bill payment password or other means to access your account has been lost or stolen, you must notify us at once by calling your local office, during normal customer service hours.
Deposit. We may require you to pay a refundable deposit when you activate Service or receive certain Equipment in connection with Service or if you fail to pay any amounts when they are due. If we disconnect your Service or are otherwise required under applicable law to refund the deposit, we shall return a sum equal to the amount you paid (without interest unless otherwise required by law) minus any amounts due on your account (including without limitation, any amounts owed for Services or for any Equipment that is damaged, altered or not returned).
Subject to applicable law, we have the right to change our Services, Equipment and rates or charges, at any time with or without notice. If you continue to receive Service after the change, it will constitute your acceptance of the change. We also may rearrange, delete, add to or otherwise change programming or features or offerings of Video Service. If we do give you notice, it may be provided on your monthly bill, as a bill insert, in a newspaper or through other means of communication permitted under applicable law.
Parental control is available to block or restrict certain programming or channels. Information on how to enable this feature is available from Charter upon request and at "www.charter.com." It is your sole responsibility to activate or otherwise enable this feature and to update settings if Charter rearranges, deletes, adds or changes programming.
You agree to allow us and our agents to access or enter your property where Service or Equipment will be provided (the "Premises"), in order to install, configure, maintain, inspect, upgrade, replace and remove Service and/or Equipment, and you agree to provide our employees and agents a safe working environment. You warrant that you are the owner of the Premises or that if you are not the owner, you have the authority to give us access to the Premises and agree to indemnify us from all owner claims in connection with the installation and provision of Service. You agree to supply us or our agent, upon request, 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. You authorize any other adult resident or adult guest at the Premises to grant us access to the Premises.
Charter Equipment together with Customer Equipment is collectively referred to herein as "Equipment."
Charter Equipment. You agree that all Charter Equipment belongs to us and will not be deemed fixtures to or in any way part of the Premises. Charter Equipment includes all new or reconditioned equipment installed, provided or leased to you by us, including but not limited to, cabling or wiring and related electronic devices, receivers, remotes, access cards, cable modems, Multimedia Terminal Adaptor (MTA) and any other hardware. You agree to use Charter Equipment only for Service pursuant to this Agreement and will not use Equipment or Service, directly or indirectly, for any unlawful purpose or in violation of any Charter policy. We may remove or change Charter Equipment at our discretion at any time Service is active or following the termination of your Service. You agree that our addition, removal, or change to Charter Equipment may interrupt Service. You may not sell, lease, abandon or give away Charter Equipment, or permit any other service provider to use Charter Equipment. Charter Equipment may only be used in the Premises. If you attempt to install or use Charter Equipment or Service at a location other than the Premises, Service may fail to function. At your request, we may relocate Charter Equipment within the Premises for an additional charge. You will not allow anyone other than Charter employees or agents to service Charter Equipment. You are directly responsible for loss, repair, replacement and other costs, damages, ongoing equipment rental fees and/or unreturned equipment charges if you do not return Charter Equipment to us or fail to return Charter Equipment to us in an undamaged condition, reasonable wear and tear excepted.
Customer Equipment. Customer Equipment consists of hardware or services that you elect to use and provide ("Customer Equipment") in connection with Services or Equipment. You agree to allow us and our agents the right to install hardware in Customer Equipment, send software downloads to Customer Equipment and install, configure, maintain, inspect or upgrade Customer Equipment to the extent necessary to provide Service. You warrant that you are either the owner of Customer Equipment or that you have the authority to give us access to Customer Equipment. Charter has no responsibility for the operation or support, maintenance or repair of any Customer Equipment.
CHARTER DOES NOT WARRANT THAT CUSTOMER EQUIPMENT NOT MEETING MINIMUM TECHNICAL SPECIFICATIONS WILL ENABLE SUCCESSFUL INSTALLATION, ACCESS, OPERATION OR USE OF SERVICES. 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 CHARTER EQUIPMENT. NEITHER CHARTER NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. YOUR USE OF CUSTOMER EQUIPMENT THAT DOES NOT MEET MINIMUM TECHNICAL SPECIFICATIONS MAY PREVENT PROVISION OF SERVICE.
Unauthorized Attachments. You agree not to attach, install, or download any unauthorized device or application to Equipment or Services. If you make any unauthorized connection, installation, or download to, tamper with or modify Equipment, Services or our cable system or receive services without authorization, we may terminate your Service, recover damages and/or pursue all remedies available under applicable law. You agree not to install anything to intercept or receive Services or to assist any person in intercepting or receiving our Services. You will not take action by attachment or otherwise to impair the integrity of our cable system, degrade signal quality or strength or create signal leakage.
Unauthorized reception of Service may result in criminal fines and imprisonment.
Inside Wiring. You may install inside wiring, such as additional cable wiring and outlets, provided it does not interfere with the normal operations of our network. If you have us install inside wiring, we will charge you for that service. We consider all inside wiring your property, or the property of whoever owns the Premises. Accordingly, you are responsible for the repair and maintenance of inside wiring. You may subscribe to a wire maintenance service from us, and we will charge you for that service. If you do not own the Premises, contact the owner about the repair or maintenance of inside wiring.
You agree that Service and Equipment will be used only for personal, residential, non-commercial purposes and will not be duplicated except in compliance with applicable law. You will not exhibit any programming (including PPV, VOD or digital music) in a commercial establishment or for commercial purposes, and if you fail to abide by this restriction we may terminate or suspend Service and you accept liability for all claims made as a result of such commercial exhibition. You will not resell or permit another to resell Service in whole or in part. Use of Equipment or Service for transmission, communications or storage of any information, data or material in violation of any regulation or law is prohibited. Charter has the sole right to determine what constitutes inappropriate use of Equipment and Service. Charter has no obligation to monitor content; however, you agree that Charter has the right to monitor content and disclose any information necessary to comply with any law or regulation, to operate our Service properly or to protect us and our other customers.
You have sole responsibility for ensuring that all users of Equipment and Services understand and comply with this Agreement and any applicable Charter policies. You agree to indemnify, defend and hold Charter and its affiliates, suppliers, and agents harmless from and against all claims, damages, expenses (including reasonable attorney fees), and other liability arising out of the use of Service, Equipment or the breach of this Agreement or any Charter policies by you or any other user of Services. You agree to comply with all end user license requirements relative to the Equipment.
This Agreement and Service furnished hereunder may not be assigned by you to any other person, successor tenant or occupant, or to any other address without the prior express authorization of Charter. You agree to notify us immediately of any changes of ownership or occupancy of the Premises. We may freely assign our rights and obligations under this Agreement with or without notice to you.
Term. This Agreement will be in effect from the time that Service is activated until it is terminated as provided for by this Agreement.
Your Termination Rights. Unless you have signed a Term Contract, you may terminate this Agreement for any reason at any time by notifying Charter in person at your local Charter office, the address of which is located on your statement, by sending a written notice to such address or by calling our customer service number located on your bill statement.
Charter's Termination Rights. Under the conditions listed below, subject to applicable law, we reserve the right to act immediately and without notice to terminate or suspend Service. We may take these actions if we: (1) determine that use of Services does not comply with this Agreement or any of our policies, (2) determine that use of Services interferes with our ability to provide Service to you or others, (3) reasonably believe that use of the Services may violate any applicable laws, and/or (4) determine that you have threatened, harassed or endangered the safety of our personnel or agents.
Obligations upon Termination. Whether Service is terminated by you or Charter and subject to applicable law or the terms of any agreements with governmental authorities, Charter shall bill you for all applicable fees and charges until this Agreement has terminated, Service has been disconnected, and/or all Charter Equipment has been returned (including continued charges for applicable Services through the later to occur of the termination or disconnection of Service or your return of Charter Equipment).
Upon termination of this Agreement, you will immediately cease all use of Service and Charter Equipment and pay in full all fees accrued for the Service through the termination date or Charter Equipment return date. Within ten (10) days of the termination date, you will return all Charter Equipment to our local office in good working order, normal wear and tear excepted. If you fail to return any Charter Equipment, or Charter Equipment is damaged, in addition to other rights it may have hereunder, Charter reserves the right to charge you ongoing equipment rental fees, an unreturned equipment fee, as set forth on the current rate card for the cable television system in your area, or if no such fee is specified, an amount equal to the replacement value of such equipment. Furthermore, Charter has the right to charge such rate card specified amount (or if and only to the limited extent applicable, the replacement value) to any payment card that Charter has on file for you in connection with such charges. Upon our request, you will permit us and our employees, agents, contractors and representatives to access the Premises to disconnect Service.
EQUIPMENT AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CHARTER NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS, WARRANTS THAT CHARTER EQUIPMENT OR SERVICE WILL MEET YOUR REQUIREMENTS, PROVIDE UNINTERRUPTED USE OR OPERATE AS REQUIRED. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF CHARTER AND ITS THIRD-PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES) WHICH WOULD OTHERWISE GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL DOCTRINE.
EXCEPT FOR WILLFUL MISCONDUCT, NEITHER CHARTER NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS OR DESTRUCTION TO CUSTOMER EQUIPMENT OR PREMISES WITH RESPECT TO ITS INSTALLATION, MAINTENANCE OR OTHERWISE RELATED TO THE PROVISION OF THE SERVICES. WITHOUT ABROGATING OR OTHERWISE LIMITING THE FOREGOING LIMITATION, IN THE EVENT OF GROSS NEGLIGENCE (OR EQUIVALENT BEHAVIOR) OR WILLFUL MISCONDUCT BY CHARTER, ITS SUPPLIERS, EMPLOYEES, AGENTS OR CONTRACTORS, WE MAY PAY AT OUR SOLE DISCRETION A MAXIMUM OF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY. YOU UNDERSTAND THAT CUSTOMER EQUIPMENT MAY NEED TO BE ACCESSED EITHER BY YOU OR BY US OR OUR AGENTS, IN CONNECTION WITH THE INSTALLATION OR REPAIR OF SERVICES. THIS MAY VOID WARRANTIES PROVIDED BY THE MANUFACTURER. NEITHER CHARTER NOR ANY OF ITS AFFILIATES, SUPPLIERS OR AGENTS SHALL HAVE ANY LIABILITY WHATSOEVER AS THE RESULT OF THE VOIDING OF ANY SUCH WARRANTIES. YOU WAIVE ALL CLAIMS AGAINST CHARTER FOR INTERFERENCE, DISRUPTION OR INCOMPATIBILITY BETWEEN CHARTER EQUIPMENT OR SERVICE AND ANY OTHER SERVICE, SYSTEMS OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE SERVICE.
FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL CHARTER 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 SUBCONTRACTORS OF CHARTER, 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. CHARTER'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY CHARTER OF ANY OBLIGATION CHARTER MAY HAVE UNDER THESE TERMS AND CONDITIONS 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 CHARTER. IN NO EVENT SHALL CHARTER'S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD.
Disruption of Service. In no event shall Charter be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond our control. Subject to applicable law, credit with respect to your recurring monthly subscription fee may be given for qualifying Service outages.
The following provisions are important with respect to the Agreement between you and Charter regarding Charter's Services.
PLEASE READ THEM CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. This Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to you in the event of a dispute.
Subject to the "Exclusions" paragraph below, Charter and you agree to arbitrate those disputes and claims arising out of or relating to this Agreement or to any prior oral or written agreement for services between Charter and you. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.
THIS AGREEMENT MEMORIALIZES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS 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 Charter should be addressed to: General Counsel, 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 ("Demand"). If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Charter 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 this Agreement.
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 this Agreement, and the arbitration shall be administered by the AAA.
CHARTER SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES.
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. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS.
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.
If the amount in dispute is less than $15,000, the arbitration shall be conducted solely on the basis of the documents submitted to the arbitrator. In the event the amount in dispute is more than $15,000, Charter agrees that you may choose whether the arbitration shall be conducted solely on the basis of documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CHARTER ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
Unless Charter and you agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish) of your billing address.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide the specific relief warranted by that party's individual claim. The arbitrator must give effect to the limitations on Charter's liability as set forth in this Agreement.
YOU AND CHARTER AGREE THAT YOU AND CHARTER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, unless both you and Charter 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 you do not wish to be bound by these arbitration provisions, you must notify Charter in writing within 30 days of the date that you first subscribe to the underlying service(s) under this Agreement by visiting (www.charter.com/arbitration/optout), or by mail to the Arbitration Notice Address. Your written notification to Charter must include your name, address, and Charter account number as well as a clear statement that you do not wish to resolve disputes with Charter through arbitration. Your decision to opt out of this arbitration provision will have no adverse effect on your relationship with Charter or the delivery of services to you by Charter.
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 THE ENTIRETY OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE ILLEGAL OR 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 WITH RESPECT TO THE SPECIFIC CLAIM AT ISSUE, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
For purposes of clarification, all claims pertaining to billing errors must be raised/brought within 90 days of the date of the invoice in which such alleged error occurred/arose or such claims shall be waived. For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from this Agreement, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
EXCLUSIONS. YOU AND CHARTER AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
(1) ANY INDIVIDUAL ACTION BROUGHT BY YOU OR BY CHARTER 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.
For New York Video Customers. You may elect to resolve a Dispute through the New York Public Service Commission in accordance with NYCRR 16§890.709(a) and NYCRR 16§709(c).
The foregoing arbitration provisions shall survive the termination of this Agreement.
The Service shall only be provided to Customer at the address where Charter's installation is performed. Customer may not transfer Customer's rights or obligations to the Service to any successor tenant or occupant or to any other address without Charter's prior written consent.
If any portion of this Agreement is held to be unenforceable, only the unenforceable portion shall be severed and rendered null and void, the remainder of the Agreement shall otherwise remain in full and effect and be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. If Charter fails to insist upon or enforce strict performance of any provision of this Agreement, 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 this Agreement. Information for California Residents Only:
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
(a) Contact Information. Customers can contact Charter at:
Attn: Customer Care
12405 Powerscourt Drive
St. Louis, Missouri 63131-3660
(b) Complaints. California residents with complaints may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at: State of California, Department of Consumer Affairs, 1625 North Market Boulevard, Sacramento, CA 95834 or by telephone at: (916) 445-1254.
(c) Charges. Charges to Customer imposed by Charter for use of the Service are as follows: Current rates for using the Service are in Charter's Pricing Schedule, which is provided to Customer in the Welcome Book, may be included in applicable Video Service rate card for the cable television system in your area or in the applicable rates as set forth in the applicable Service Guide(s) posted at "www.charter.com." Charter reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any time, all pursuant to this Agreement or the applicable Service Guide(s).
For information regarding notification of the sharing of certain personal information with third parties, under California Civil Code Sections 1798.82 – 1798.84 visit www.charter.com for Your Privacy Rights.