Spectrum Access 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. SEE SECTION 9 FOR DETAILS ON THESE PROVISIONS

These Terms of Service form a binding agreement between you and Charter Communications Operating, LLC and its affiliates or subsidiaries ("Spectrum" or "we") for Your use of the Spectrum Access application ("Spectrum Access App"). These Terms of Service apply to any content, materials, or services that are accessible or made available through the Spectrum Access App. The Terms of Service apply to eligible customers of Spectrum and anyone who is not a Spectrum customer but downloads the Spectrum Access App for personal use. By downloading the Spectrum Access App you also agree to Spectrum's Residential General Terms and Conditions of Service and Acceptable Use Policy, located at https://www.spectrum.com/policies/residential-terms.html, incorporated herein by reference.

1. Scope of License. Spectrum hereby grants You a non-exclusive, personal, limited, revocable and non-transferable license to access, download and use the Spectrum Access App for your personal, non-commercial use. As a condition of the license granted herein, You may not: (a) publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Spectrum Access App, or any part thereof; (b) reverse engineer, decompile, translate, adapt, disassemble or otherwise reduce Spectrum Access App to human readable form; (c) attempt to create the source code from the object code for the Spectrum Access App; (d) transmit Spectrum Access App over any network or between any unauthorized devices; (e) make or convert any third party software contained in Spectrum Access App into a stand-alone product; (f) take any action that will infringe upon the intellectual property or other proprietary rights of Spectrum, its affiliates, or any third party software provider; or (g) sublicense, rent, lease, or assign the Spectrum Access App.

2. Proprietary Rights. Spectrum owns all right, title and interest in and to the Spectrum Access App and all associated software, scripts, source code, instruction sets and related documentation. Nothing in these Terms of Service shall be construed to transfer, convey, impair or otherwise adversely affect Spectrum's ownership or proprietary rights or any other Spectrum Access App information or materials, tangible or intangible, in any form and in any medium. All Spectrum logos, and all other trademarks, service marks, and graphics used in connection with the Spectrum Access App are trademarks or registered trademarks of Spectrum. Other trademarks, service marks, graphics and logos used in connection with the Spectrum Access App may be the trademarks of other third parties. Your use of the Spectrum Access grants you no right or license to reproduce or otherwise use any Spectrum or third-party trademarks

3.Use Restrictions. Without limitation, the following restrictions also apply to your use of the Spectrum Access App:

a. You may not distribute or make the Spectrum Access App available over a network where it could be used by unauthorized parties or otherwise downloaded/distributed to any device without our knowledge or authorization.

b. You may not remove any proprietary notices, marks, or labels on the Spectrum Access App.

c. You may not export, import, or re-export the Spectrum Access App in violation of any applicable law, rule, or regulation of any jurisdiction.

d. You may not enable or allow others to use the the Spectrum Access App using your account information.

e. You may not share, use or access any content contained, made available in or otherwise accessed within the Spectrum Access App or engage in behavior that violates applicable law or any third party's intellectual property rights ("Intellectual Property Rights" means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights).

f. You may only use the Spectrum Access App for your non-commercial, private use, for which no fee or consideration of any kind is charged or received.

4. Data Collection. You agree that Spectrum may collect and use technical data and related information - including but not limited to technical information about your device, system and application software, and peripherals that is gathered periodically to determine enhancements or improvements to the Spectrum Access App, or to facilitate the provision of software updates, product support, and other services to you (if any) related to the operation of the Spectrum Access App.

More information about Spectrum's data practices is available in the Spectrum Privacy Policy located at Spectrum.com/policies

5. Termination. These Terms of Service are effective until terminated by Spectrum or You. We may suspend, restrict or terminate your access to or use of the Spectrum Access App at any time and for any reason if You fail to comply with any of the Terms of Service. Upon termination by Spectrum or You of these Terms of Service, You must immediately cease using the Spectrum Access App and delete all copies that have been downloaded to your personal devices.

6. Disclaimer of Warranties. THE SPECTRUM ACCESS APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WHATSOEVER INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. SPECTRUM MAKES NO WARRANTIES THAT THE SPECTRUM ACCESS APP WILL BE UNINTERRUPTED OR ERROR FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE. SPECTRUM MAKES NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE SPECTRUM ACCESS APP OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR OTHER DEVICES OR ONLINE WIRELESS COMMUNICATIONS. YOU AGREE THAT NEITHER SPECTRUM NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS WILL HAVE ANY LIABILITY FOR ANY SUCH UNAUTHORIZED ACCESS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SPECTRUM ACCESS APP IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR DEVICE AND COMMUNICATIONS.

7. Limitation on Liabilities. SPECTRUM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES AND PERSONAL INJURIES THAT YOU MAY SUFFER. SPECTRUM SHALL NOT BE LIABLE FOR ANY LOSS OR INTERRUPTIONS IN THE SPECTRUM ACCESS APP OR FOR ANY DAMAGES OR LOSSES DUE TO THE FAULT OR NEGLIGENCE OF YOU OR ANY OTHER PARTY OR PERSON(S), OR DUE TO THE FAILURE OR MALFUNCTION OF YOUR DEVICE, OR DUE TO YOUR FAILURE TO FULFILL ANY OBLIGATION UNDER THESE TERMS OF SERVICE. IN NO EVENT SHALL SPECTRUM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. Indemnification. You agree 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 Your use or attempted use of the Spectrum Access App. Your obligation to indemnify Spectrum survives Your use of the Spectrum Access App and termination of Your access to the Spectrum Access App.

9. Arbitration. These Terms of Service require the use of arbitration to resolve disputes and otherwise limits the remedies available to You in the event of a dispute. PLEASE READ THIS SECTION CAREFULLY SO THAT YOU UNDERSTAND EACH PROVISION.

a. Subject to the "Exclusions" in Section 9(p) below, Spectrum and You agree to arbitrate disputes and claims arising out of or relating to these Terms of Service and the Spectrum Access App. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.

b. THESE TERMS OF SERVICE MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.

c. 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, You 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.

d. 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.

e. 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 YOU INCUR IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED OF SPECTRUM UNDER APPLICABLE LAW.

f. 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.

g. 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.

h. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SPECTRUM ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY.

i. Unless Spectrum 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 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.

j. The parties agree that the arbitrator must give effect to the terms of these Terms of Service.
YOU AND SPECTRUM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

k. Furthermore, unless both You 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.

l. Right to Opt Out. If You do not wish to be bound by these arbitration provisions, You 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 You first subscribe to the Service(s). You may opt out by mail to the Arbitration Notice Address. Your written notification to Spectrum must include Your name, address, and Spectrum account number as well as a clear statement that You does not wish to resolve disputes with Spectrum through arbitration. Your decision to opt out of this arbitration provision will have no adverse effect on Your relationship with Spectrum or the delivery of Services to You by Spectrum.

m. 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.

n. 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.

o. 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.

p. EXCLUSIONS. YOU AND SPECTRUM AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:

(1) ANY INDIVIDUAL ACTION BROUGHT BY YOU 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.

q. YOU HAVE ONE YEAR TO BRING A CLAIM AGAINST SPECTRUM, UNLESS YOU OPT OUT. You 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 You do not bring a claim within this period, You waive, to the fullest extent permitted by law, all rights You have to such claim and Spectrum will have no liability with respect to such claim.

r. You may opt out of this Section, in which case the normal statute of limitations will apply. To opt out, You 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 You are an existing customer, or (b) the date that You first subscribes to the Service(s). Your written notice must include Your name, address, and Spectrum account number as well as a clear statement that You does not wish this Section to apply.

s. This Section 9 shall survive the termination of these Terms of Service.

10. Changes to These Terms of Service. Spectrum reserves the right to change these Terms of Service at any time by amending the online version posted at https://www.spectrum.com/policies/residential-terms.html. Your continued use of the Spectrum Access App following any change to these Terms of Service constitutes your consent to such change and your agreement to be bound to the Terms of Service as so modified.

11. Miscellaneous.

a. If a court or similar body determines that a portion of these Terms of Service is invalid or unenforceable, the remaining portion of these Terms of Service will remain in full force and effect. The invalid or unenforceable portion should be interpreted as closely as possible (consistent with the law in your area) so as to reflect the intention of the original. Except with our prior written consent, you may not transfer or assign to any other person (in other words, make another person legally responsible for) the rights granted by or your obligation to comply with these Terms of Service.

b. Governing Law. The Terms of Service shall be governed by the internal laws of the State of New York without regard to any conflict of laws rule or principle that might refer the governance or construction of the Terms of Service to the laws of another jurisdiction.

c. Third party Beneficiaries. There are no persons or entities that are intended to be third party beneficiaries of the Terms of Service, and no person or entity (other than the parties to the Terms of Service) will have any right to enforce any term of the Terms of Service.