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Comcast Terms And Conditions March 2006Comcast Terms And Conditions March 2006
These are Terms and Conditions concerning your use of the Comcast Web site for online account management ("My Account"). By accessing and using this site and completing the My Account registration, you agree to be bound by the following terms and conditions which are in addition to the terms and conditions of your current Comcast Subscriber agreement(s).
You acknowledge that there may be system failures that may limit your ability to use the My Account. You agree to assume all risk and liability arising from your use of Comcast's My Account, including the risk of breach in the security of the communications or transactions you conduct with Comcast online. My Account is provided "as is" without warranty of any kind, whether expressed or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose or otherwise.
You are solely responsible for maintaining the confidentiality of your password(s), and security information, and agree that Comcast will have no obligations with regard thereto. You agree not to give your password(s) or security information to anyone. Should you allow others access to your account and/or password information, you will be responsible for all actions that such persons might take with respect to your account. If you believe your password or security information has been lost or stolen, call us immediately at 1-800-COMCAST.
For purposes of identification, billing, and marketing, you agree to provide Comcast with current, accurate, complete, and updated information required by the registration for My Account, including E-mail Address, Name, Phone Number, Account Number, and your password and reminder question. You further agree to provide Comcast with current, accurate, and complete data when using My Account, such as bill payment, update account information, add features, Comcast PayDirect?Create, etc. You agree to notify Comcast immediately of any changes in your registration data. You are responsible for updating your e-mail address. If your e-mail address is not current, you will not receive notice of online bill posting; however, your payment due date will remain unchanged.
Site Content Comcast may at any time and without notice make changes to this site or to My Account or to products described in this site. Comcast may discontinue My Account without notice or require re-enrollment.
Binding Arbitration a. Purpose: If you have a Dispute (as defined below) with Comcast that cannot be resolved through the informal dispute resolution process described in your Welcome Kit from Comcast, you or Comcast may elect to arbitrate that Dispute in accordance with the terms of this Section 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. b. Definitions: As used in this Section, the term "Dispute" means any dispute, claim or controversy between you and Comcast that has accrued as of the Effective Date or any dispute, claim or controversy that accrues after the Effective Date, 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. Additionally, as used in this Section, “Dispute” means any dispute, claim or controversy concerning the validity, enforceability and scope of this Section (with the exception of the limitations and/or provisions provided in (e), (h) and (i) below), including any claims that this Section is unenforceable because it violates public policy or the doctrine of unconscionability. Moreover, "Dispute" is to be given the broadest possible meaning that will be enforced. As used in this Section, "Comcast" means Comcast Corporation, its officers, directors, employees and agents, and all entities using the brand name "Comcast," including your local cable company, its employees, agents, and its parents, subsidiaries and affiliated companies and their respective successors-in-interest. As used in this provision, the term "Section" means all the terms of this Section. c. Initiation of Arbitration Proceeding/Selection?Create of Arbitrator: If you or Comcast elect to resolve your Dispute with Comcast through arbitration pursuant to this Section, the party initiating the arbitration proceeding may select from the following arbitration organizations, which will apply the appropriate rules for consumer claims to arbitrate the Dispute: American Arbitration Association ("AAA") 335 Madison Ave., Floor 10 New York NY 10017-4605 1-800-778-7879 www.adr.org
National Arbitration Forum ("NAF") P.O. Box 50191 Minneapolis, MN 55405-0191 1-800-474-2371 www.arbitration-forum.com
d. Arbitration Procedures: Because the service provided to you by Comcast 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 Comcast may apply to and govern the substance of any Disputes.
Any state statutes pertaining to arbitration, however, shall not be applicable under this Section. If there is a conflict between this Section and the rules of the arbitration organization chosen, the rules contained in this Section shall govern. If the arbitration organization that you selected will not enforce this Section as written, it cannot serve as the arbitration organization to resolve your dispute with Comcast. If this situation arises, the parties shall agree on a substitute arbitration organization. In the event that the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint a service that will enforce this Section as written. If there is a conflict between this Section, the terms and conditions for the use of My Account or the Subscriber Agreement, this Section shall govern.
You and Comcast agree that a single arbitrator will resolve the Dispute. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will apply applicable statutes of limitation (as modified by this Section), will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information, including the use of protective orders to prohibit disclosure outside of the arbitration, if requested to do so by you or Comcast.
The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or Comcast, the arbitrator will provide a brief statement of the reasons for the award. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties.
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. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The party wishing to appeal the decision of the single arbitrator shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization, through a written notice of appeal, that it is exercising its right to appeal. 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.
e. Restrictions: 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 SECTION 3 OF THE AGREEMENT), OR YOU WAIVE THE RIGHT TO PURSUE A CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS-ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED.
f. Location of Arbitration: The arbitration will take place at a location, convenient to you, in the area where you receive the service from us.
g. Payment of Arbitration Fees and Costs: COMCAST WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST'S FAVOR, YOU SHALL REIMBURSE COMCAST FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE AMOUNT THAT YOU WOULD HAVE PAID TO FILE A CASE REGARDING YOUR DISPUTE WITH COMCAST IN THE STATE COURT WHERE YOU RECEIVE THE SERVICE FROM COMCAST. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE COMCAST FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCAST. IN THE EVENT A PARTY ELECTS TO APPEAL AN AWARD TO A THREE ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, COMCAST WILL PAY ALL FEES AND COSTS WHICH IT IS REQUIRED BY LAW TO PAY.
h. Severability: If any clause within this Section (other than the class action waiver clause identified in subsection (e)(above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of the Section will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable in its totality, and the Dispute will be decided by a court. IN THE EVENT THAT THIS ENTIRE SECTION 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 SECTION, YOU AND COMCAST HAVE EACH AGREED TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
i. Exclusions from Arbitration: YOU AND COMCAST AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: ANY CLAIM FILED BY YOU OR BY COMCAST THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT WHICH 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, THEFT OR PIRACY OF SERVICE; (4) ANY DISPUTE THAT ARISES BETWEEN COMCAST AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. § 522(9); AND (5) ANY DISPUTE THAT YOU ARE PERMITTED TO PURSUE BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
Notice: Unless you receive notice from Comcast otherwise, this Section is not being enforced in Disputes with subscribers who reside in California.
j. Continuation: This Section shall survive the termination of your Service with Comcast
Disclaimers YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF MY ACCOUNT AND THE INTERNET GENERALLY. COMCAST AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, MY ACCOUNT OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMCAST DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, OR PROCESS DISCLOSED ON MY ACCOUNT OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE. IN NO EVENT SHALL COMCAST BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON MY ACCOUNT OR THE INTERNET GENERALLY.
THE INFORMATION PROVIDED ON MY ACCOUNT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY COMCAST, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER COMCAST NOR ITS AFFILIATES WARRANT THAT THE INFORMATION ON MY ACCOUNT OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Changes or Modifications
Comcast may amend or modify these Terms and Conditions at any time in our sole discretion upon thirty (30) days prior notice to you. Your continued use of My Account following notice of these changes shall be deemed to be your acceptance of any the changes. If you do not agree to any changes, you must immediately stop using My Account. You may not amend or modify these Terms and Conditions without Comcast's prior written consent, which we may provide or withhold in our sole discretion. Any attempt by you to amend or modify these Terms and Conditions by any other means, including but not limited to, a check notation, a restrictive endorsement, or a note with a payment, is invalid and unenforceable.
Activity-Related E-mails Comcast sends subscribers activity-related announcements from time to time. For example, we may send you an e-mail about a payment you made to your account, or an upcoming recurring payment we will be debiting from your account. You may not opt-out of these activity-related communications, though you can deactivate your preferred e-mail address that is used as your User Name if you wish. If you fail to check your preferred e-mail account for service/activity- related notices, you may miss important information.
We will not use the preferred e-mail address you provide for promotion or marketing. If you would like to receive information from us about products, services, and special offers, promotions, and features you may do so by visiting our E-mail Preference Center to learn how to opt in or opt out of receiving these types of promotional communications.
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