Notice of Amendment to
Agreement for Optimum TV for Business
Cablevision is hereby amending its Agreement for Optimum TV for Business as set forth below, and such amendment will become effective on January 4, 2016.
Agreement for Optimum TV for Business
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS. THE AGREEMENT ALSO CONTAINS PROVISIONS FOR OPTING OUT OF ARBITRATION. PLEASE REVIEW IT CAREFULLY.
CSC Holdings, LLC on behalf of itself and its affiliates and subsidiaries authorized to provide the services set forth herein ("Cablevision") is pleased to provide its Optimum TV service ("Optimum TV" or the "Services") to you in accordance with these terms and conditions, which terms and conditions incorporate and include the General Terms and Conditions of Service and the Cablevision Customer Privacy Notice, as they may be changed from time to time.
- Payment of Charges:
Subscriber will be billed monthly in advance for Services to be received, plus pro-rata charges, if any, for periods not previously billed. Subscriber will be billed monthly for services such as On Demand or other services ordered where charges are based on actual usage as well as features or functions that are offered as part of the Services, such as DVR offerings, or on orders placed during the previous month. Subscriber must pay all undisputed monthly charges as itemized on the Cablevision monthly invoice and/or notify Cablevision of disputed items within thirty (30) days of receipt, or such greater amount of time as required by law. Failure to pay charges invoiced (including checks returned for insufficient funds) may result in discontinuance of service, the removal of all Equipment and/or the imposition of a late payment or service charge. An additional charge may be imposed if a check is not honored due to insufficient funds. In the event collection activities are required, an additional collection charge may be imposed. If Subscriber has more than one account (Business and/or Residential) served by Cablevision, all Cablevision provided services at all locations may be subject to discontinuance of service in the event any one account remains unpaid.
- Third Party Services Provided:
In addition to providing video programming and video-related services, and interactive television services, the Cablevision digital cable box may provide commerce and other services, as well as access to certain proprietary products of Cablevision, such as Optimum Select offerings. Through such other functions you may be able to subscribe to or access other services and transact other forms of electronic commerce. Subscriber acknowledges that Subscriber may incur charges while using these services or while engaging in other forms of "e-commerce" (i.e. charges may be incurred as a result of accessing certain information, or purchasing or subscribing to certain offerings using these functions). All such charges, including applicable taxes shall be paid by Subscriber to those Services and are not the responsibility of Cablevision.
- Cablevision Property:
All equipment, including but not limited to, any cables, wires, amplifiers, digital cable box, CableCards, Smart Cards, remotes, and keyboards distributed to and/or installed for use in the Subscriber's place of business by or on behalf of Cablevision ("Equipment") remains the property of Cablevision. None of the Equipment shall become a fixture nor shall distribution, installation, and/or use of Equipment, including but not limited to cable boxes and/or set top boxes be deemed a lease of such Equipment. Subscriber must return all Equipment upon substitution of use or termination of service. Failure to do so will result in a charge to be determined with reference to Cablevision's then current penalty schedule, which amount shall be due immediately. Subscriber agrees to pay such charge whether such Equipment is lost (through theft or otherwise) or destroyed.
- Disruption of Service:
In no event shall Cablevision be liable for any failure or interruption of program transmissions or service resulting in part or entirely from circumstances beyond Cablevision's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), Cablevision, upon prompt notification of such failure or interruption from Subscriber, will either provide Subscriber with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. Cablevision shall not be liable for any incidental or consequential damages.
- Repair of Cablevision Equipment:
Cablevision will repair and/or replace defective Equipment (excluding the replacement of batteries) in accordance with the applicable pricing schedule, if any, as long as such damage was not caused by misuse or other improper operations or handling by Subscriber. Cablevision shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve (12) month period, or more than three times in any twenty-four (24) month period, and shall have no obligation to fulfill any such repair or replacement. Cablevision is not responsible for the maintenance or repair of Subscriber provided equipment, including but not limited to television sets, QAM tuners, DVDs players, VCRs or other video equipment, remote controls, keyboards, video game consoles, recording/playback devices (e.g. TiVO, Moxi), stereos or other audio equipment, telephones or A/B switches. A service charge may be imposed if damage to Cablevision Equipment is due to negligent use or abuse or if no fault is discovered in Cablevision's system or Equipment . In addition, an equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged Equipment. Cablevision makes no warranties, with respect to Equipment or Service provided by Cablevision or with respect to the Equipment's compatibility with any Subscriber owned equipment.
- Subscriber Property:
Cablevision assumes no responsibility for and shall have no responsibility for the condition or repair of any Subscriber provided equipment. Subscriber is responsible for the repair and maintenance of Subscriber provided equipment. Cablevision is not responsible or liable for any loss or impairment of reception of Cablevision's service due in whole or in part to malfunctions, defects or otherwise caused by Subscriber provided equipment.
- Taxes:
Subscriber agrees to pay any local, state or federal taxes imposed or levied on or with respect to the Services, the Equipment or installation or service charges incurred with respect to the same.
- Reproduction of Programs:
You may not make copies of programs except as permitted by law. You may only display programming at your service location in accordance with the level of Service and programming package to which you subscribe.
- Cablevision's Rights:
- Cablevision has no obligation to monitor content or services accessible by means of the Cablevision cable system or the digital cable box. However, Subscriber acknowledges and agrees that Cablevision has the right to monitor content electronically from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming and data information services properly, or to protect itself or its Subscribers.
- Cablevision shall have the right to determine in its sole discretion what constitutes an "inappropriate" use of Cablevision's systems, equipment, and services.
- Care of Cablevision Property:
Subscriber agrees that neither Subscriber nor any other person (except Cablevision's authorized personnel) will open, tamper with Service, make any alterations to, or remove any Equipment from its point of initial installation, absent Cablevision's consent. Any alteration, tampering, removal, etc. or the use of equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of service and is prohibited.
- Access to Subscriber Premises:
Subscriber authorizes Cablevision and its employees, agents, contractors and representatives to access and otherwise enter at reasonable times Subscriber's premises to install, inspect, maintain and/or repair the Equipment supplied by Cablevision and, upon the termination of service, to remove the same from the premises. Cablevision's failure to remove Equipment shall not be deemed an abandonment thereof.
- Assignment or Transfer:
This Agreement and the equipment supplied by Cablevision are not assignable or otherwise transferable by Subscriber without written authorization from Cablevision.
- Termination for Bankruptcy:
Cablevision may terminate its 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.
- Termination of Service by Subscriber:
Unless otherwise terminated, this Agreement shall automatically renew on a month-to-month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change. Subscriber shall have the right at any time to terminate the Service by giving notice to Cablevision. In the event Subscriber elects to terminate the service, Subscriber will pay for such Service until the date of disconnection. However, in no event, unless Subscriber fails to keep the scheduled disconnect appointment or fails to return the Equipment to an Optimum store, shall Subscriber pay for Service for a period greater than seven (7) days after Cablevision receives such notification of termination.
- Termination by Cablevision:
Cablevision may, at its option, terminate this Agreement and remove Equipment for any reason whatsoever, including, but not limited to, if Subscriber or any user of Subscriber's account or services violates or breaches this Agreement and/or any Cablevision or Third Party Provider terms of service and agreements incorporated herein by reference, in all cases as determined in Cablevision's sole good faith discretion. Additional grounds for termination include, for example, when a Subscriber's credit card issuer refuses a charge or any other payment method fails.
- Violations of this Agreement:
It shall be a violation of this Agreement for Subscriber or any user of Subscriber's account or services (1) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (2) not to engage in conduct required by this Agreement, each case determined in Cablevision's sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
- Subscriber or any user of Subscriber's account or services fails to abide by Cablevision's rules and regulations or to pay the charges billed;
- Subscriber or any user of Subscriber's account or services fails to provide and maintain accurate registration information or the information required in the registration process is or becomes incorrect, absent or incomplete;
- Subscriber or any user of Subscriber's account or services engages in any illegal or prohibited activity in connection with their use of any Optimum Service;
- Subscriber or any user of Subscriber's account or services harasses, threatens or otherwise abuses any Cablevision employee or agent;
- Subscriber or any user of Subscriber's account or services refuses to provide Cablevision with reasonable access to the service location or refuses to allow Cablevision to diagnose and/or troubleshoot a service issue when such access or customer interaction is necessary in order to provide the appropriate customer support; or
- The amount of customer and/or technical support required to be provided to Subscriber or any user of Subscriber's account or services is excessive in the sole good faith discretion of Cablevision.
- Effect of Termination by Cablevision:
Subscriber agrees that in the event of termination by Cablevision pursuant to Section 15, Cablevision and all Third-Party Providers shall have no liability to Subscriber or any user of Subscriber's account or services. Failure of Cablevision to remove Equipment shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Cablevision in the event that Cablevision shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
Additionally, unless expressly prohibited by law, Subscriber also understands and agrees that in the event of termination by Cablevision pursuant to Section 15, Cablevision, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Optimum Services by Subscriber or any former user of Subscriber's account or services.
- Additional Features, Functionalities and Tools:
Cablevision may from time to time offer additional service features, functionality and tools, such as Web DVR. These features, functions and tools may be further subject to specific terms of use (available by clicking here) and subject to change or removal at any time by Cablevision.
- Programming:
- Notwithstanding anything to the contrary herein, the Service, including but not limited to all programming, program services, program packages, number of channels, channel allocations, broadcast channels, interactive services, data offerings and other services are subject to change in accordance with applicable law. VOD and Pay Per View services are not available to commercial customers. Subscriber acknowledges and agrees that it has no right to receive, and Cablevision has no obligation to provide, any particular programming service or channel as part of Cablevision's Service and that Subscriber is not entering into this agreement or purchasing Cablevision's Service in reliance on an expectation or promise (explicit or implicit) that any particular programming service or set of programming services shall be included as part of Cablevision's Service.
- Notwithstanding anything to the contrary herein, and for the avoidance of doubt, in the event particular programming becomes unavailable, either on a temporary or permanent basis, due to a dispute between Cablevision and a third party programmer, Cablevision shall not be liable for compensation, damages (including compensatory, direct, indirect, incidental, special, punitive or consequential losses or damages), credits or refunds of fees for the missing or omitted programming. Subscriber's sole recourse in such an event shall be termination of the Service in accordance with the terms of Section 14. The provisions of this paragraph shall not apply to programming to which a Subscriber subscribes on an a la carte basis (i.e. channels that are not part of a package or tier); provided, however, in that event Subscriber shall only be entitled to a pro rata credit of amounts pre-paid for the specific programming to which Subscriber subscribes on an a la carte basis.
- Rates:
All rates are subject to change in accordance with applicable law. Rates for the Service, Equipment, installation and all related services hereunder are subject to change in accordance with applicable law. Subscribers may incur additional charges for using certain service features that are not included in the Cablevision monthly subscription charges.
- Late Fee:
If your account is thirty (30) days past due, you will see a reminder message on your statement. If your past due balance remains unpaid, you may be charged an applicable late fee on top of your past due balance. If your account remains unpaid, your Service may be disconnected. You can avoid any late charges by paying your bill promptly.
- Disclaimer:
Cablevision assumes no liability for any program, services or information distributed over the cable system and/or Cablevision's digital cable box unless locally produced by Cablevision. Cablevision shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the cable system or Cablevision's digital cable box, unless such products, merchandise or prizes are provided directly by Cablevision.
- Parental Control:
A Parental Control feature is available for you if you want to keep children from watching certain programming. You can place channels under Parental Control by blocking out channel number, and/or, on the digital cable box, by program rating. Please check the manual provided with your service for instructions on how to implement and monitor the Parental Control features. Should you deactivate the Parental Control feature, even for one channel or event, this will deactivate the Parental Control feature for all other channels that were previously locked out. You will then have to reactivate the Parental Control to again block out the desired channels. It is recommended that you occasionally verify that your Parental Control feature is activated and operational.
- Limitation of Liability:
Subscriber expressly agrees that the use of the Services and Equipment, as well as the purchase or use of any third-party service or product provided by or accessed through the Service, is at Subscriber's sole risk and Subscriber acknowledges that this Service and the Equipment are provided "as is" and "as available" for Subscriber's use, without warranties of any kind, whether express or implied. Neither Cablevision nor any third-party provider of services or products, makes any representations or warranties with respect to any product or service offered through the Service, and Cablevision shall not be party to nor responsible for monitoring any transaction between Subscriber and third-party providers of products or services. Unless otherwise specifically provided in this Agreement, Cablevision and its vendors will not be liable to the Subscriber or to any third party for:
- any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with Cablevision's Equipment, the Services, or any other services hereunder, including without limitation, any damage resulting from or arising out of the Subscriber's reliance on or use thereof, or the mistakes, omissions, interruptions, errors, defects, delays in operation, transmission, or any failure of performance thereof; and
- any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of Cablevision Equipment, the Services, or any other services hereunder by the Subscriber or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party.
This limitation applies to the acts, omissions, negligence and gross negligence of Cablevision, its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to a cause of action against Cablevision in contract, tort or any other legal doctrine.
- Prohibited Uses and Activities:
The Subscriber shall not use Cablevision's Equipment, or the Services for illegal or inappropriate activities or otherwise engage in any illegal or inappropriate activities in their course of dealings with Cablevision, 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 your account;
- modifying, disrupting or tampering with Cablevision's Equipment, including but not limited to, tampering with the seal on the digital cable box, the access card or any of Cablevision's services;
- 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 person to use or enjoy any Cablevision service, or the Service;
- reselling Cablevision service or services;
- conducting a pyramid or other illegal soliciting scheme;
- impersonating any person or entity or forging anyone else's digital or manual signature; or
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harassing, threatening, or otherwise verbally abusing Cablevision employees or its agents.
Engaging in one or more of these activities may result in termination of this Agreement. This section 23 shall not in any way limit Cablevision's rights of termination pursuant to any other provision of this Agreement.
- 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 this Agreement. Subscriber may not decompile, reverse engineer, disassemble, modify, create derivative works of, or in any way derive any source code from the Services, or any portion thereof including Cablevision software or third party software made available through or in connection with the Service. You agree not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices contained or embedded within or on the Service. Subscriber acknowledges and understands that Subscriber may be responsible for additional music licensing or copyright fees for music contained in any or all of the Services.
- Cablevision shall not be Liable for:
Any information sent by the Subscriber utilizing the functions of Cablevision's Equipment is sent at the Subscriber's sole risk, and Cablevision shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by the Subscriber. Without limitation of the foregoing, Subscriber acknowledges and agrees that Cablevision shall not be liable for any use of Subscriber's information provided to third parties in connection with Subscriber's use of Optimum Select or other third party services or functions available through the Service. Cablevision 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, including but not limited to intermittent service, erroneous deletions, failed or misdirected recordings, and inability to schedule recordings.
- Security:
- You are responsible for any misuse of Cablevision's Equipment, the Services, or any third party services that you have contracted for, even if the inappropriate activity was committed by a friend, family member, guest, employee or Subscriber with access to your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to Cablevision's Equipment, the Services or third party services. For example, you must secure any wireless network used in connection with the Service by requiring passwords or similar means of restricting access to such network.
- You agree to maintain the security and confidentiality of any Optimum usernames and passwords or similar credentials that enable you to access the Services. You further agree not to disclose such credentials to any third party. Without limitation of the foregoing, you agree that you shall not disclose such credentials to third parties to enable them to access the Services or programming that may be made available to you outside your service address through TV Everywhere arrangements.
- The Equipment, Service or third party services may not be used to breach the security of another user or to attempt to gain access to any other person's computer, software or data, without the knowledge and consent of such person. They also may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. Use or distribution of tools designed for compromising security is prohibited.
- Privacy Statement:
Please see Cablevision's privacy statement for a detailed outline of Cablevision's video or digital services privacy policies and how they affect your use of Cablevision's Equipment and Services.
- Closed Captioning:
Information regarding closed captioning issues is available by clicking here.
- Arbitration:
Except as noted below under "Excepted Claims," any and all disputes arising between You and Cablevision, including its respective parents, subsidiaries, affiliates, officers, directors, employees, agents, predecessors, and successors, shall be resolved by binding arbitration on an individual basis in accordance with this Arbitration Provision.
Resolving Your dispute with Cablevision through arbitration means You will have a fair hearing before a neutral arbitrator instead of in a court before a judge or jury. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CABLEVISION EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY CABLEVISION IN WRITING WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THIS AGREEMENT BY EMAILING US AT NOARBITRATION@CABLEVISION.COM OR BY MAIL TO CABLEVISION RESEARCH & SUPPORT, 1111 STEWART AVENUE, BETHPAGE, NY 11714 ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO CABLEVISION MUST INCLUDE YOUR NAME, ADDRESS, AND CABLEVISION ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH CABLEVISION THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH CABLEVISION OR THE DELIVERY OF CABLEVISION SERVICES TO YOU. OPTING OUT OF THIS ARBITRATION PROVISION HAS NO EFFECT ON ANY PREVIOUS, OTHER, OR FUTURE ARBITRATION AGREEMENTS THAT YOU MAY HAVE WITH CABLEVISION.
Because the Service(s) provided to You involves interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this Arbitration Provision. Any state statutes pertaining to arbitration shall not be applicable. You and Cablevision agree that applicable state law or federal law shall apply to and govern, as appropriate, the substance of all claims or causes of action, remedies, and damages arising between You and Cablevision.
The arbitration will be administered by the American Arbitration Association ("AAA"), 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, under the AAA's Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by this Arbitration Provision. You may obtain copies of those rules from the AAA at www.adr.org or by calling 1-800-778-7879. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve Your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this Arbitration Provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern.
A single arbitrator will resolve the dispute between You and Cablevision. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including subscriber personally identifiable information.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Arbitration Provision, or the interpretation of its prohibitions of class, representative, and private attorney general proceedings and non-individualized relief shall be for a court of competent jurisdiction to decide. The Arbitrator is limited and bound by terms of this Arbitration Provision. Although the arbitrator shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law, the arbitrator shall not be bound by rulings in other arbitrations involving different customers. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Unless the parties agree otherwise, any arbitration hearings will take place in a location convenient to You in the area where You receive the Service(s). If the amount in dispute is less than $50,000, Cablevision agrees that You may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by AAA rules. If the amount in dispute exceeds $75,000 or the claim seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. 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, subject to any right of judicial review that exists under the FAA. You agree that if You fail to notify Cablevision in writing within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, then to the fullest extent permitted by law, You waive the right to pursue, in any forum, including arbitration or court, a claim based upon such event, facts or dispute.
Cablevision will pay all arbitration filing, administrative, and arbitrator fees for arbitrations that it commences. If You commence an arbitration, You will be responsible for paying a portion of arbitration fees as follows: If You are seeking relief valued at up to $1,000, Your share of such fees shall be capped at $25, and if You commence an arbitration seeking relief valued at between $1,001 and $10,000, Your share of such fees shall be capped at $100. If You commence an arbitration seeking relief valued at greater than $10,000, arbitration filing, administrative, and arbitrator fees shall be allocated in accordance with the AAA rules. If You cannot pay Your share of these fees, You may request a fee waiver from the AAA. In addition, Cablevision will consider reimbursing Your share of these fees if You indicate You cannot afford them and, if appropriate, will pay directly all such fees upon Your written request prior to the commencement of the arbitration. You are responsible for all additional costs and expenses that You incur in the arbitration, including, but not limited to, attorneys' or expert witness fees and expenses, unless the arbitrator determines that applicable law requires Cablevision to pay those costs and expenses.
If the arbitrator concludes that Your claim is frivolous or has been brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)), then the AAA rules shall govern the allocation of arbitration fees, and You agree to reimburse Cablevision for any amounts Cablevision may have paid on Your behalf. In addition, in such cases, the arbitrator shall have the same discretion that a court would have to require You to pay Cablevision's attorneys' fees and expenses. If Cablevision is the claimant, the arbitrator shall have the same discretion to require Cablevision to pay Your attorneys' fees and expenses if the arbitrator concludes that Cablevision's claim is frivolous or has been brought for an improper purpose.
YOU AGREE TO ARBITRATE YOUR DISPUTE AND TO DO SO ON AN INDIVIDUAL BASIS; CLASS, REPRESENTATIVE, AND PRIVATE ATTORNEY GENERAL ARBITRATIONS AND ACTIONS ARE NOT PERMITTED. You and Cablevision agree that each party may bring claims against the other only in Your or its individual capacity and may not participate as a class member or serve as a named plaintiff in any purported class, representative, or private attorney general proceeding. This Arbitration Provision does not permit and explicitly prohibits the arbitration of consolidated, class, or representative disputes of any form. In addition, although the arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other Cablevision account holders, neither You nor Cablevision may seek, nor may the arbitrator award, non-individualized relief that would affect other account holders. Further, the arbitrator may not consolidate or join more than one person's claims unless all parties affirmatively agree in writing. If any of the prohibitions in the preceding paragraph is held to be unenforceable as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in court. In that instance, or any instance when a claim between You and Cablevision proceeds to court rather than through arbitration, You and Cablevision each waive the right to any trial by jury through this Agreement.
If any other portion of this Arbitration Provision is determined to be unenforceable, then the remainder of this Arbitration Provision shall be given full force and effect. The terms of the Arbitration Provision shall survive termination, amendment or expiration of this Agreement.
For purposes of this Agreement, the term "Excepted Claims" shall mean claims by either party relating to a party's intellectual property rights or to the unauthorized use, theft, or piracy of Cablevision products or services. In addition, either You or Cablevision may bring claims in small claims court in Your jurisdiction, if that court has jurisdiction over the parties and the action and the claim complies with the prohibitions on class, representative, and private attorney general proceedings and non-individualized relief discussed above. You may also bring issues to the attention of federal, state, and local executive or administrative agencies.
- Choice of Law:
This Policy shall be exclusively governed by, and construed in accordance with, the laws of the State of New York.
- Acceptable Use Policy:
Use of the Service is also governed by Cablevision's Acceptable Use Policy. - Entire Agreement:
This Agreement constitutes the entire agreement between the Subscriber and Cablevision for Optimum TV. No undertaking, representation or warranty made by any agent or representative of Cablevision in connection with the sale, installation, maintenance or removal of Cablevision's services or Equipment shall be binding on Cablevision except as expressly included herein. Please see additional terms and conditions for Cablevision's Optimum Online and other services.
- Amendment:
Cablevision may, in its sole discretion, change, modify, add or remove portions of this Agreement at any time. Cablevision may notify Subscriber of any such changes to this Agreement by posting notice of such changes on the Optimum website, using the features of the Cablevision's digital cable box, or sending notice via e-mail or postal mail. The Subscriber's continued use of the Service following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this Agreement, Subscriber must immediately cease using Cablevision's Equipment and the Services and notify Cablevision that Subscriber is terminating this Agreement in accordance with Section 14 of this Agreement.
Effective January 4, 2016