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Optimum WiFi Terms of Use for Subscribers

 

CSC Holdings, LLC. ("Cablevision") is pleased to provide its Optimum WiFi to you in accordance with these Terms of Use ("Terms"), which incorporate and include the Optimum Online Terms of Service, the Cablevision Internet Product Acceptable Use Policy, Cablevision's Open Internet Disclosure Statement, and Cablevision Subscriber Privacy Notice, which may be changed from time to time.

Your use of Optimum WiFi is your acknowledgment that you have read and agreed to these Terms which is a legal document.

Access to and Use of Optimum WiFi

You understand that Optimum WiFi is a feature of Cablevision's Optimum Online service and that you must be a current subscriber to Cablevision's Optimum Online service in order to use Optimum WiFi. As with other Optimum services, you are permitted to use Optimum WiFi only for lawful purposes.

In order to access Optimum WiFi, you must provide your Optimum ID, password and certain other information that may be requested from time to time. We may also automatically collect certain information, such as MAC address and device type, in order to provide you services and improve your service experience. You acknowledge and agree that you will be responsible for all activities during any session using Optimum WiFi under your Optimum ID. You may not provide any third party with your Optimum ID for the purpose of accessing Optimum WiFi. You may use Optimum WiFi solely for your own lawful personal purposes. You may not in any way distribute, resell or otherwise provide third parties with access to or use of Optimum WiFi.

You understand that you may be able to access Cablevision's third party roaming partners WiFi networks and agree that your use of such roaming partner WiFi networks will be subject to such roaming partner's terms and conditions of use, and are incorporated herein by this reference. You agree that your use of Optimum WiFi may be terminated or suspended by Cablevision or its roaming partners, if Cablevision Networks or its roaming partners reasonably believe these Terms have been violated.

Performance of Optimum WiFi

In order to use Optimum WiFi, you must have a WiFi- capable device that:

  1. meets U.S. and other applicable technical standards;
  2. is compatible with Optimum WiFi;
  3. renders web pages in a standard HTML browser application;
  4. runs the IP protocol; and
  5. is configured to obtain web addresses automatically.

The WiFi device must be in close enough proximity to Optimum WiFi wireless access points to achieve connectivity with the Optimum WiFi network. Optimum WiFi access location lists/maps may be updated from time-to-time. Actual Optimum WiFi coverage, locations and quality may vary.

You agree that Cablevision will use its best efforts to provide useful and reliable Optimum WiFi service, but acknowledge that Optimum WiFi utilizes public, unlicensed radio-frequency spectrum. As such, Optimum WiFi is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by,

  1. transmission and download speed and accuracy;
  2. network congestion;
  3. performance, configuration, and functionality of your WiFi devices and wireless cards (including, but not limited to memory, storage and other limitations);
  4. physical obstructions and distances between your WiFi device and the Optimum WiFi network;
  5. availability of electric power;
  6. collocation failures;
  7. transmission and equipment limitations, failures, maintenance or repair; and
  8. user error.

Optimum WiFi may also be interrupted, refused, limited or curtailed for these reasons. We are not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your WiFi device or Optimum WiFi will operate. Actual network speed and other performance will vary.  Information regarding Cablevision's network management practices may be found in Cablevision's Open Internet Disclosure Statement.

In order to maintain acceptable levels of service for all Optimum WiFi customers and to improve this service, we reserve the right to monitor use of Optimum WiFi and to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all Optimum WiFi customers. Additionally, the Optimum WiFi service may use automated processes to monitor and scan communications over the Optimum WiFi network in order to maintain and provide services, improve your experience, ensure the integrity of your communications, convey messages related to your Optimum WiFi account, deliver relevant advertising and for various other purposes related to the provision of Optimum WiFi services. By using the Optimum WiFi service, you acknowledge and consent to Cablevision's automated processing of your communications through the Optimum WiFi network, including information such as your IP or MAC address, Optimum ID, HTTP requests and other information related to the provision of this service.


Service Subject To Interception and Unauthorized Use
You acknowledge that communications over the Optimum WiFi network may be subject to interception by unauthorized third parties. Although Cablevision uses commercially reasonable efforts to provide you with a secure and reliable service, your use of Optimum WiFi is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of Optimum WiFi. You are responsible for implementing your own security protections while using Optimum WiFi. In the event you become aware of any unauthorized use of Optimum WiFi or any other security breach (including but not limited to third-party use of your Optimum ID and password), you agree to immediately notify us. Cablevision expressly disclaims any responsibility or liability for your use of Optimum WiFi and for any lack of security that may result from your use of Optimum WiFi. You agree to hold Cablevision harmless for the loss of any file, data or other information while using the Service, and for any unauthorized access to or utilization by any third party of any your personal, financial, or other sensitive information.

You understand and agree that the Optimum WiFi "watermark" bearing our logo may appear superimposed from time to time over portions of website pages you visit, that the watermark is intended solely to identify Optimum WiFi as the source of your wireless Internet access service, and that this in no way indicates Cablevision's approval of or responsibility for the content of such websites, which are solely the responsibility of the website operators and/or content providers.

You further agree that you will not seek to hold Cablevision responsible in any way for any third party website content or the operation of any third party website accessed via Optimum WiFi, or for the appearance of our Optimum WiFi "watermark" over a portion of any website.


Changes to Optimum WiFi and these Terms of Use
You agree that Cablevision may for any reason, and without notice to you, modify or terminate Optimum WiFi and these Terms of Use without liability to you, any user or any third party.

We urge you to review these Terms of Use periodically so that you will be aware of any modifications.

Effective June 11, 2014

 

 

Optimum WiFi Terms of Use for Non-Subscribers

 

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 ("Cablevision") is pleased to provide its Optimum WiFi to you in accordance with these Optimum WiFi Terms of Use ("Terms"), which incorporate and includes the Cablevision Internet Product Acceptable Use Policy, which may be changed from time to time.

Your use of Optimum WiFi is your acknowledgment that you have read and agreed to these Terms of Use which is a legal document.

Access to and Use of Optimum WiFi

You understand that Optimum WiFi is a feature of Cablevision's Optimum Online service and that you are being provided limited temporary access to Optimum WiFi.  You are permitted to use Optimum WiFi only for lawful purposes.

You acknowledge and agree that you will be responsible for all activities during any session using Optimum WiFi under your registration information.  You may not provide any third party with your registration information for the purpose of accessing Optimum WiFi. You may use Optimum WiFi solely for your own lawful personal purposes. You may not in any way distribute, resell or otherwise provide third parties with access to or use of Optimum WiFi.

Collection and Use of Information.

In order to access Optimum WiFi on a temporary basis, you must provide certain information that may include, among other things, your first and last name, your home addresses, your telephone number, and your payment card information. We may also automatically collect certain information, such as MAC address and device type, in order to provide you services and improve your service experience.  You agree that in addition to using your information to facilitate your temporary access to and use of Optimum WiFi and bill you if required, Cablevision may use your information for other business purposes, which may include but not be limited to, protecting the security of users and Optimum WiFi, detecting and preventing fraud, and marketing and promoting our services or third party services to you.. 

While using Optimum WiFi, Cablevision will also collect information regarding your access to and usage of the service. Cablevision may use this information for business purposes including but not limited to improving and enhancing Optimum WiFi and gauging the effectiveness of Optimum WiFi. In some cases Cablevision may combine information collected from users with demographic or other information (such as census records or customer information in our regular business records). By accessing Optimum WiFi on a temporary basis, you are not becoming an Optimum subscriber and your use of Optimum WiFi services is governed by these Terms of Use, and not the Agreement between Cablevision and its subscribers.

Sometimes, Cablevision may provide access to your information to select third parties, including its agents and service providers to assist in providing services or for other legitimate business purposes, such as payment card processing companies to complete your purchases. Cablevision may also provide its affiliates with access to your information.  You acknowledge and agree that Cablevision may disclose your information to certain third party partners participating in the Optimum WiFi HotSpot program and your information will be used by them in accordance with their own privacy practices.  In addition, you acknowledge and agree that  Cablevision may also disclose your information if Cablevision is required to do so by law or if Cablevision has a good faith belief that such disclosure is reasonably necessary (a) to comply with applicable law, a subpoena, or other legal process; (b) to investigate violations of these Terms of Use, or other contracts Cablevision has with you; (c) to respond to claims that your use of Optimum WiFi violates the rights of third parties; (d) to respond to your requests for customer service; and (e) to protect the rights, property, or personal safety of the public, Cablevision, its agents, its users, or Optimum WiFi.

Performance of Optimum WiFi

In order to use Optimum WiFi, you must have a WiFi- capable device that (a) meets U.S. and other applicable technical standards; (b) is compatible with Optimum WiFi; (c) renders web pages in a standard HTML browser application; (d) runs the IP protocol; and (e) is configured to obtain web addresses automatically.  The WiFi device must be in close enough proximity to Optimum WiFi wireless access points to achieve connectivity with the Optimum WiFi network.  Optimum WiFi access location lists/maps may be updated from time-to-time.  Actual Optimum WiFi coverage, locations and quality may vary.

You agree that Cablevision will use its best efforts to provide useful and reliable Optimum WiFi service, but acknowledge that Optimum WiFi utilizes public, unlicensed radio-frequency spectrum.  As such, Optimum WiFi is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control.  Performance and availability may vary, including but not limited to or affected by, (a) transmission and download speed and accuracy; (b) network congestion; (c) performance, configuration, and functionality of your WiFi devices and wireless cards (including, but not limited to memory, storage and other limitations; (d) physical obstructions and distances between your WiFi device and the Optimum WiFi network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error.  Optimum WiFi may also be interrupted, refused, limited or curtailed for these reasons.   We are not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors.   Network speed is an estimate and is no indication of the speed at which your WiFi device or Optimum WiFi will operate.  Actual network speed and other performance will vary.

In order to maintain acceptable levels of service for all Optimum WiFi users and to improve this service, we reserve the right to monitor use of Optimum WiFi and to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all Optimum WiFi users.  Additionally, the Optimum WiFi service may use automated processes to monitor and scan communications over the Optimum WiFi network in order to maintain and provide services, improve your experience, ensure the integrity of your communications, convey messages related to your Optimum WiFi account, deliver relevant advertising and for various other purposes related to the provision of Optimum WiFi services.  By using the Optimum WiFi service, you acknowledge and consent to Cablevision's automated processing of your communications through the Optimum WiFi network, including information such as your IP or MAC address, HTTP requests and other information related to the provision of this service.

 

Service Subject To Interception and Unauthorized Use

You acknowledge that communications over the Optimum WiFi network may be subject to interception by unauthorized third parties.  Although Cablevision uses commercially reasonable efforts to provide you with a secure and reliable service, your use of Optimum WiFi is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of Optimum WiFi.  You are responsible for implementing your own security protections while using Optimum WiFi. In the event you become aware of any unauthorized use of Optimum WiFi or any other security breach, you agree to immediately notify us.  Cablevision expressly disclaims any responsibility or liability for your use of Optimum WiFi and for any lack of security that may result from your use of Optimum WiFi.  You agree to hold Cablevision harmless for the loss of any file, data or other information while using the service, and for any unauthorized access to or utilization by any third party of any of your personal, financial, or other sensitive information.

You understand and agree that the Optimum WiFi "watermark" bearing our logo may appear superimposed from time to time over portions of website pages you visit, that the watermark is intended solely to identify Optimum WiFi as the source of your wireless Internet access service, and that this in no way indicates Cablevision's approval of or responsibility for the content of such websites, which are solely the responsibility of the website operators and/or content providers.

You further agree that you will not seek to hold Cablevision responsible in any way for any third party website content or the operation of any third party website accessed via Optimum WiFi, or for the appearance of our Optimum WiFi "watermark" over a portion of any website.

Disclaimer of Warranties and Limitation of Liability

Cablevision expressly disclaims all warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Neither Cablevision, nor any of its parents, partners, affiliates, subsidiaries, members, directors, officers, employees, agents, and operational or promotional providers, are liable or shall have responsibility of any kind to any user for any loss or damage that a user incurs in the event of (i) any failure or interruption of Optimum WiFi; or (ii) any other cause relating to user's access or use, or inability to access or use, Optimum WiFi;, whether or not the circumstances giving rise to such cause may have been within the control of Cablevision or any vendor providing software, services or support. Unless applicable law provides otherwise, in no event will Cablevision, its parents, partners, affiliates, subsidiaries, members, officers, employees, agents, and operational or promotional providers be liable to any user for any direct, special, indirect, consequential, punitive, or incidental damages or any other loss or damages of any kind even if Cablevision, its affiliates or any other party has been advised of the possibility thereof.

Termination

Any conduct that violates these Terms of Use, or any additional posted policies or requirements, in any way may result in the termination of your access to Optimum WiFi and forfeiture of any unused WiFi access minutes remaining in your account, in Cablevision's sole discretion, in addition to any other legal remedies.

Indemnification

You agree to indemnify and hold harmless Cablevision, its parents, partners affiliates, subsidiaries, members, directors, officers, employees, agents, and operational or promotional providers, from and against all liabilities, claims, damages and expenses, including attorney's fees, arising out of your use of Optimum WiFi, or your violation or alleged violation of these Terms of Use.

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 REVISIONS TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY CABLEVISION IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE NOTICE OF THIS PROVISION BY EMAILING US AT NOARBITRATION@CABLEVISION.COM OR BY MAIL TO CABLEVISION RESEARCH & SUPPORT, 200 JERICHO QUADRANGLE, JERICHO, NY 11753 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 REVISIONS TO THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH CABLEVISION OR THE DELIVERY OF CABLEVISION SERVICES TO YOU. OPTING OUT OF REVISIONS TO THE 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. 

Changes to Optimum WiFi and these Terms of Use

You agree that Cablevision may for any reason, and without notice to you, modify or terminate Optimum WiFi and these Terms of Use without liability to you, any user or any third party.

We urge you to review these Terms of Use periodically so that you will be aware of any modifications.

Effective March 28, 2014

 

 

Optimum WiFi Finder App Terms of Use

 

CSC Holdings, LLC ("Cablevision") provides the Optimum WiFi Finder application (the "App") which, among other features, includes an application that allows you to find Optimum WiFi hotspot locations near a user's current location via a WiFi-enabled device ("Device(s)") even if your Device is not connected to the Internet. Use of the App is subject to the following Terms of Use (the "Terms"), the Cablevision Customer Privacy Notice, and the Cablevision Mobile Application Privacy Notice, as such maybe amended from time to time (collectively the "TOS"), which are incorporated herein by reference. Capitalized terms used herein but not defined shall have the meanings ascribed to them in the TOS. By downloading, installing and/or using the App, you agree to be bound by these Terms, which constitute an agreement between you and Cablevision.

Features and Functions. The App enables users to find Optimum WiFi hotspots using a Device's location information. For Devices connected to a cellular network, the App locates the closest Optimum WiFi hotspots to their location. In addition, the App will provide directions to the closest Optimum WiFi hotspot. In cases when the Device might not be connected to a cellular network or to the internet, the App allows you to search for Optimum WiFi hotspot locations by city ("Quick Search") and/or by using an "Advanced Search" that applies a filter of locations by category and access location details, a list of favorite locations, and a history of search results. Results are presented either in map view or list view, and detailed view (single site details).

Consent to Use Location Information. By using this App, you consent to the collection by Cablevision of information about your location, including precise GPS location and/or location information through the use of the Device's Camera and Motion features.

Restrictions on Use. You agree that use of and access to the App shall only be for personal and non commercial use. You further agree that you shall not use any software, system, device or other technology to enable the App to be used in any manner or for any other purpose other than as expressly permitted hereunder.

Limited License. Cablevision hereby grants to you a non-exclusive, non-transferable, limited, license to download, install, and use the App on your Device. All rights not expressly granted in these Terms are reserved. The App is provided in and may be used in machine-readable object code form only. No license is granted to you in the source code of the App.

Proprietary Rights. Cablevision and/or its vendors shall have sole and exclusive ownership of all right, title, and interest in and to the App, all copies thereof, all derivatives thereof, and all modifications and enhancements thereto (including ownership of all copyrights and other intellectual property rights pertaining thereto). These Terms do not provide you with title or ownerships of the App, but only a rightful limited use.

Limitations on Use. You may not decompile, reverse engineer, translate, disassemble, modify, create derivative works of the App or in any way derive from the App any source code. 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 App. Further you may not, directly or indirectly, disclose, distribute, or make commercial use of the App.

Export Restrictions. You agree that you may not use or export the App (i) except as consistent with these Terms and applicable United States law and (ii) into any US embargoed country. You represent and warrant that you are not located in a country that is subject to US government embargo, or that has been designated by the US government as a "terrorist" supporting country, and that you are not listed in any US government lists of prohibited or restricted parties.

Equipment. Access to and use of the App requires a Device. Use of the portions of this App that includes location specific information may involve use of a wireless data service. You understand and agree that Cablevision is not responsible for any data access charges that may be imposed by your underlying wireless data service provider when using the data service.

WARRANTY DISCLAIMER. CABLEVISION PROVIDES THE APP, THIRD PARTY SOFTWARE, AND ANY THIRD PARTY MATERIALS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND CABLEVISION HEREBY DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY LAW. CABLEVISION MAKES NO WARRANTY OR GUARANTEE THAT THE APP OR THIRD PARTY SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS, LOSSES, OR INTERRUPTIONS IN CONNECTION WITH YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO INTERMITTENT SERVICE, SUITABILITY, ACCURACY OR COMPLETENESS OF CONTENT.

Third Party Software. You acknowledge that use of the App may require software that is licensed, sold and/or provided to you by third parties and is included on your Device ("Third Party Software"). Notwithstanding any other provision of these Terms to the contrary, these Terms shall not be deemed to apply to any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between you and the licensor of the Third Party Software. You acknowledge and agree that you shall only use Third Party Software on your Device that is authorized by your Device manufacturer.

Third Party Beneficiary. If you use an Apple device, you understand and agree that Apple is a third-party beneficiary to this agreement. Upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of this agreement. If you use an Android device, you understand and agree that Google is a third-party beneficiary to this agreement. Upon your acceptance of this agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of this agreement.

Support. Any questions or comments regarding the App should be directed to Cablevision at 1111 Stewart Avenue, Bethpage, NY 11714 or (866) 360-2758 or http://optimum.custhelp.com/app/ask.

Choice of Law. These Terms and any action for its enforcement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York, without giving effect to conflicts of laws principles thereof.

Changes to the App and these Terms. Subscriber agrees that Cablevision may for any reason and without notice to Subscriber, modify or terminate the App without liability to Subscriber, any user, or any third party, and require the user to download and accept an updated version of the App as a condition of further use. Cablevision may, in its sole discretion, change, modify, add, or remove portions of these Terms at any time. Cablevision may require Subscriber, following notice of such change, modification or amendment, to review and agree to any such changes to this agreement as a prerequisite to continued use of the App. If Subscriber does not agree to update the App and/or to the modification of these Terms, Subscriber will immediately cease usage of the App.

Effective July 13, 2015

 

Optimum WiFi Terms of Use for Subscribers

 

CSC Holdings, LLC. ("Cablevision") is pleased to provide its Optimum WiFi to you in accordance with these Terms of Use ("Terms"), which incorporate and include the Optimum Online Terms of Service, the Cablevision Internet Product Acceptable Use Policy, Cablevision's Open Internet Disclosure Statement, and Cablevision Subscriber Privacy Notice, which may be changed from time to time.

Your use of Optimum WiFi is your acknowledgment that you have read and agreed to these Terms which is a legal document.

Access to and Use of Optimum WiFi

You understand that Optimum WiFi is a feature of Cablevision's Optimum Online service and that you must be a current subscriber to Cablevision's Optimum Online service in order to use Optimum WiFi. As with other Optimum services, you are permitted to use Optimum WiFi only for lawful purposes.

In order to access Optimum WiFi, you must provide your Optimum ID, password and certain other information that may be requested from time to time. We may also automatically collect certain information, such as MAC address and device type, in order to provide you services and improve your service experience. You acknowledge and agree that you will be responsible for all activities during any session using Optimum WiFi under your Optimum ID. You may not provide any third party with your Optimum ID for the purpose of accessing Optimum WiFi. You may use Optimum WiFi solely for your own lawful personal purposes. You may not in any way distribute, resell or otherwise provide third parties with access to or use of Optimum WiFi.

You understand that you may be able to access Cablevision's third party roaming partners WiFi networks and agree that your use of such roaming partner WiFi networks will be subject to such roaming partner's terms and conditions of use, and are incorporated herein by this reference. You agree that your use of Optimum WiFi may be terminated or suspended by Cablevision or its roaming partners, if Cablevision Networks or its roaming partners reasonably believe these Terms have been violated.

Performance of Optimum WiFi

In order to use Optimum WiFi, you must have a WiFi- capable device that:

  1. meets U.S. and other applicable technical standards;
  2. is compatible with Optimum WiFi;
  3. renders web pages in a standard HTML browser application;
  4. runs the IP protocol; and
  5. is configured to obtain web addresses automatically.

The WiFi device must be in close enough proximity to Optimum WiFi wireless access points to achieve connectivity with the Optimum WiFi network. Optimum WiFi access location lists/maps may be updated from time-to-time. Actual Optimum WiFi coverage, locations and quality may vary.

You agree that Cablevision will use its best efforts to provide useful and reliable Optimum WiFi service, but acknowledge that Optimum WiFi utilizes public, unlicensed radio-frequency spectrum. As such, Optimum WiFi is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by,

  1. transmission and download speed and accuracy;
  2. network congestion;
  3. performance, configuration, and functionality of your WiFi devices and wireless cards (including, but not limited to memory, storage and other limitations);
  4. physical obstructions and distances between your WiFi device and the Optimum WiFi network;
  5. availability of electric power;
  6. collocation failures;
  7. transmission and equipment limitations, failures, maintenance or repair; and
  8. user error.

Optimum WiFi may also be interrupted, refused, limited or curtailed for these reasons. We are not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Network speed is an estimate and is no indication of the speed at which your WiFi device or Optimum WiFi will operate. Actual network speed and other performance will vary.  Information regarding Cablevision's network management practices may be found in Cablevision's Open Internet Disclosure Statement.

In order to maintain acceptable levels of service for all Optimum WiFi customers and to improve this service, we reserve the right to monitor use of Optimum WiFi and to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all Optimum WiFi customers. Additionally, the Optimum WiFi service may use automated processes to monitor and scan communications over the Optimum WiFi network in order to maintain and provide services, improve your experience, ensure the integrity of your communications, convey messages related to your Optimum WiFi account, deliver relevant advertising and for various other purposes related to the provision of Optimum WiFi services. By using the Optimum WiFi service, you acknowledge and consent to Cablevision's automated processing of your communications through the Optimum WiFi network, including information such as your IP or MAC address, Optimum ID, HTTP requests and other information related to the provision of this service.


Service Subject To Interception and Unauthorized Use
You acknowledge that communications over the Optimum WiFi network may be subject to interception by unauthorized third parties. Although Cablevision uses commercially reasonable efforts to provide you with a secure and reliable service, your use of Optimum WiFi is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of Optimum WiFi. You are responsible for implementing your own security protections while using Optimum WiFi. In the event you become aware of any unauthorized use of Optimum WiFi or any other security breach (including but not limited to third-party use of your Optimum ID and password), you agree to immediately notify us. Cablevision expressly disclaims any responsibility or liability for your use of Optimum WiFi and for any lack of security that may result from your use of Optimum WiFi. You agree to hold Cablevision harmless for the loss of any file, data or other information while using the Service, and for any unauthorized access to or utilization by any third party of any your personal, financial, or other sensitive information.

You understand and agree that the Optimum WiFi "watermark" bearing our logo may appear superimposed from time to time over portions of website pages you visit, that the watermark is intended solely to identify Optimum WiFi as the source of your wireless Internet access service, and that this in no way indicates Cablevision's approval of or responsibility for the content of such websites, which are solely the responsibility of the website operators and/or content providers.

You further agree that you will not seek to hold Cablevision responsible in any way for any third party website content or the operation of any third party website accessed via Optimum WiFi, or for the appearance of our Optimum WiFi "watermark" over a portion of any website.


Changes to Optimum WiFi and these Terms of Use
You agree that Cablevision may for any reason, and without notice to you, modify or terminate Optimum WiFi and these Terms of Use without liability to you, any user or any third party.

We urge you to review these Terms of Use periodically so that you will be aware of any modifications.

Effective June 11, 2014

 

 

Optimum WiFi Terms of Use for Non-Subscribers

 

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 ("Cablevision") is pleased to provide its Optimum WiFi to you in accordance with these Optimum WiFi Terms of Use ("Terms"), which incorporate and includes the Cablevision Internet Product Acceptable Use Policy, which may be changed from time to time.

Your use of Optimum WiFi is your acknowledgment that you have read and agreed to these Terms of Use which is a legal document.

Access to and Use of Optimum WiFi

You understand that Optimum WiFi is a feature of Cablevision's Optimum Online service and that you are being provided limited temporary access to Optimum WiFi.  You are permitted to use Optimum WiFi only for lawful purposes.

You acknowledge and agree that you will be responsible for all activities during any session using Optimum WiFi under your registration information.  You may not provide any third party with your registration information for the purpose of accessing Optimum WiFi. You may use Optimum WiFi solely for your own lawful personal purposes. You may not in any way distribute, resell or otherwise provide third parties with access to or use of Optimum WiFi.

Collection and Use of Information.

In order to access Optimum WiFi on a temporary basis, you must provide certain information that may include, among other things, your first and last name, your home addresses, your telephone number, and your payment card information. We may also automatically collect certain information, such as MAC address and device type, in order to provide you services and improve your service experience.  You agree that in addition to using your information to facilitate your temporary access to and use of Optimum WiFi and bill you if required, Cablevision may use your information for other business purposes, which may include but not be limited to, protecting the security of users and Optimum WiFi, detecting and preventing fraud, and marketing and promoting our services or third party services to you.. 

While using Optimum WiFi, Cablevision will also collect information regarding your access to and usage of the service. Cablevision may use this information for business purposes including but not limited to improving and enhancing Optimum WiFi and gauging the effectiveness of Optimum WiFi. In some cases Cablevision may combine information collected from users with demographic or other information (such as census records or customer information in our regular business records). By accessing Optimum WiFi on a temporary basis, you are not becoming an Optimum subscriber and your use of Optimum WiFi services is governed by these Terms of Use, and not the Agreement between Cablevision and its subscribers.

Sometimes, Cablevision may provide access to your information to select third parties, including its agents and service providers to assist in providing services or for other legitimate business purposes, such as payment card processing companies to complete your purchases. Cablevision may also provide its affiliates with access to your information.  You acknowledge and agree that Cablevision may disclose your information to certain third party partners participating in the Optimum WiFi HotSpot program and your information will be used by them in accordance with their own privacy practices.  In addition, you acknowledge and agree that  Cablevision may also disclose your information if Cablevision is required to do so by law or if Cablevision has a good faith belief that such disclosure is reasonably necessary (a) to comply with applicable law, a subpoena, or other legal process; (b) to investigate violations of these Terms of Use, or other contracts Cablevision has with you; (c) to respond to claims that your use of Optimum WiFi violates the rights of third parties; (d) to respond to your requests for customer service; and (e) to protect the rights, property, or personal safety of the public, Cablevision, its agents, its users, or Optimum WiFi.

Performance of Optimum WiFi

In order to use Optimum WiFi, you must have a WiFi- capable device that (a) meets U.S. and other applicable technical standards; (b) is compatible with Optimum WiFi; (c) renders web pages in a standard HTML browser application; (d) runs the IP protocol; and (e) is configured to obtain web addresses automatically.  The WiFi device must be in close enough proximity to Optimum WiFi wireless access points to achieve connectivity with the Optimum WiFi network.  Optimum WiFi access location lists/maps may be updated from time-to-time.  Actual Optimum WiFi coverage, locations and quality may vary.

You agree that Cablevision will use its best efforts to provide useful and reliable Optimum WiFi service, but acknowledge that Optimum WiFi utilizes public, unlicensed radio-frequency spectrum.  As such, Optimum WiFi is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control.  Performance and availability may vary, including but not limited to or affected by, (a) transmission and download speed and accuracy; (b) network congestion; (c) performance, configuration, and functionality of your WiFi devices and wireless cards (including, but not limited to memory, storage and other limitations; (d) physical obstructions and distances between your WiFi device and the Optimum WiFi network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error.  Optimum WiFi may also be interrupted, refused, limited or curtailed for these reasons.   We are not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors.   Network speed is an estimate and is no indication of the speed at which your WiFi device or Optimum WiFi will operate.  Actual network speed and other performance will vary.

In order to maintain acceptable levels of service for all Optimum WiFi users and to improve this service, we reserve the right to monitor use of Optimum WiFi and to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all Optimum WiFi users.  Additionally, the Optimum WiFi service may use automated processes to monitor and scan communications over the Optimum WiFi network in order to maintain and provide services, improve your experience, ensure the integrity of your communications, convey messages related to your Optimum WiFi account, deliver relevant advertising and for various other purposes related to the provision of Optimum WiFi services.  By using the Optimum WiFi service, you acknowledge and consent to Cablevision's automated processing of your communications through the Optimum WiFi network, including information such as your IP or MAC address, HTTP requests and other information related to the provision of this service.

 

Service Subject To Interception and Unauthorized Use

You acknowledge that communications over the Optimum WiFi network may be subject to interception by unauthorized third parties.  Although Cablevision uses commercially reasonable efforts to provide you with a secure and reliable service, your use of Optimum WiFi is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of Optimum WiFi.  You are responsible for implementing your own security protections while using Optimum WiFi. In the event you become aware of any unauthorized use of Optimum WiFi or any other security breach, you agree to immediately notify us.  Cablevision expressly disclaims any responsibility or liability for your use of Optimum WiFi and for any lack of security that may result from your use of Optimum WiFi.  You agree to hold Cablevision harmless for the loss of any file, data or other information while using the service, and for any unauthorized access to or utilization by any third party of any of your personal, financial, or other sensitive information.

You understand and agree that the Optimum WiFi "watermark" bearing our logo may appear superimposed from time to time over portions of website pages you visit, that the watermark is intended solely to identify Optimum WiFi as the source of your wireless Internet access service, and that this in no way indicates Cablevision's approval of or responsibility for the content of such websites, which are solely the responsibility of the website operators and/or content providers.

You further agree that you will not seek to hold Cablevision responsible in any way for any third party website content or the operation of any third party website accessed via Optimum WiFi, or for the appearance of our Optimum WiFi "watermark" over a portion of any website.

Disclaimer of Warranties and Limitation of Liability

Cablevision expressly disclaims all warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Neither Cablevision, nor any of its parents, partners, affiliates, subsidiaries, members, directors, officers, employees, agents, and operational or promotional providers, are liable or shall have responsibility of any kind to any user for any loss or damage that a user incurs in the event of (i) any failure or interruption of Optimum WiFi; or (ii) any other cause relating to user's access or use, or inability to access or use, Optimum WiFi;, whether or not the circumstances giving rise to such cause may have been within the control of Cablevision or any vendor providing software, services or support. Unless applicable law provides otherwise, in no event will Cablevision, its parents, partners, affiliates, subsidiaries, members, officers, employees, agents, and operational or promotional providers be liable to any user for any direct, special, indirect, consequential, punitive, or incidental damages or any other loss or damages of any kind even if Cablevision, its affiliates or any other party has been advised of the possibility thereof.

Termination

Any conduct that violates these Terms of Use, or any additional posted policies or requirements, in any way may result in the termination of your access to Optimum WiFi and forfeiture of any unused WiFi access minutes remaining in your account, in Cablevision's sole discretion, in addition to any other legal remedies.

Indemnification

You agree to indemnify and hold harmless Cablevision, its parents, partners affiliates, subsidiaries, members, directors, officers, employees, agents, and operational or promotional providers, from and against all liabilities, claims, damages and expenses, including attorney's fees, arising out of your use of Optimum WiFi, or your violation or alleged violation of these Terms of Use.

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 REVISIONS TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY CABLEVISION IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE NOTICE OF THIS PROVISION BY EMAILING US AT NOARBITRATION@CABLEVISION.COM OR BY MAIL TO CABLEVISION RESEARCH & SUPPORT, 200 JERICHO QUADRANGLE, JERICHO, NY 11753 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 REVISIONS TO THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH CABLEVISION OR THE DELIVERY OF CABLEVISION SERVICES TO YOU. OPTING OUT OF REVISIONS TO THE 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. 

Changes to Optimum WiFi and these Terms of Use

You agree that Cablevision may for any reason, and without notice to you, modify or terminate Optimum WiFi and these Terms of Use without liability to you, any user or any third party.

We urge you to review these Terms of Use periodically so that you will be aware of any modifications.

Effective March 28, 2014

 

 

Optimum WiFi Finder App Terms of Use

 

CSC Holdings, LLC ("Cablevision") provides the Optimum WiFi Finder application (the "App") which, among other features, includes an application that allows you to find Optimum WiFi hotspot locations near a user's current location via a WiFi-enabled device ("Device(s)") even if your Device is not connected to the Internet. Use of the App is subject to the following Terms of Use (the "Terms"), the Cablevision Customer Privacy Notice, and the Cablevision Mobile Application Privacy Notice, as such maybe amended from time to time (collectively the "TOS"), which are incorporated herein by reference. Capitalized terms used herein but not defined shall have the meanings ascribed to them in the TOS. By downloading, installing and/or using the App, you agree to be bound by these Terms, which constitute an agreement between you and Cablevision.

Features and Functions. The App enables users to find Optimum WiFi hotspots using a Device's location information. For Devices connected to a cellular network, the App locates the closest Optimum WiFi hotspots to their location. In addition, the App will provide directions to the closest Optimum WiFi hotspot. In cases when the Device might not be connected to a cellular network or to the internet, the App allows you to search for Optimum WiFi hotspot locations by city ("Quick Search") and/or by using an "Advanced Search" that applies a filter of locations by category and access location details, a list of favorite locations, and a history of search results. Results are presented either in map view or list view, and detailed view (single site details).

Consent to Use Location Information. By using this App, you consent to the collection by Cablevision of information about your location, including precise GPS location and/or location information through the use of the Device's Camera and Motion features.

Restrictions on Use. You agree that use of and access to the App shall only be for personal and non commercial use. You further agree that you shall not use any software, system, device or other technology to enable the App to be used in any manner or for any other purpose other than as expressly permitted hereunder.

Limited License. Cablevision hereby grants to you a non-exclusive, non-transferable, limited, license to download, install, and use the App on your Device. All rights not expressly granted in these Terms are reserved. The App is provided in and may be used in machine-readable object code form only. No license is granted to you in the source code of the App.

Proprietary Rights. Cablevision and/or its vendors shall have sole and exclusive ownership of all right, title, and interest in and to the App, all copies thereof, all derivatives thereof, and all modifications and enhancements thereto (including ownership of all copyrights and other intellectual property rights pertaining thereto). These Terms do not provide you with title or ownerships of the App, but only a rightful limited use.

Limitations on Use. You may not decompile, reverse engineer, translate, disassemble, modify, create derivative works of the App or in any way derive from the App any source code. 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 App. Further you may not, directly or indirectly, disclose, distribute, or make commercial use of the App.

Export Restrictions. You agree that you may not use or export the App (i) except as consistent with these Terms and applicable United States law and (ii) into any US embargoed country. You represent and warrant that you are not located in a country that is subject to US government embargo, or that has been designated by the US government as a "terrorist" supporting country, and that you are not listed in any US government lists of prohibited or restricted parties.

Equipment. Access to and use of the App requires a Device. Use of the portions of this App that includes location specific information may involve use of a wireless data service. You understand and agree that Cablevision is not responsible for any data access charges that may be imposed by your underlying wireless data service provider when using the data service.

WARRANTY DISCLAIMER. CABLEVISION PROVIDES THE APP, THIRD PARTY SOFTWARE, AND ANY THIRD PARTY MATERIALS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND CABLEVISION HEREBY DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY LAW. CABLEVISION MAKES NO WARRANTY OR GUARANTEE THAT THE APP OR THIRD PARTY SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS, LOSSES, OR INTERRUPTIONS IN CONNECTION WITH YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO INTERMITTENT SERVICE, SUITABILITY, ACCURACY OR COMPLETENESS OF CONTENT.

Third Party Software. You acknowledge that use of the App may require software that is licensed, sold and/or provided to you by third parties and is included on your Device ("Third Party Software"). Notwithstanding any other provision of these Terms to the contrary, these Terms shall not be deemed to apply to any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between you and the licensor of the Third Party Software. You acknowledge and agree that you shall only use Third Party Software on your Device that is authorized by your Device manufacturer.

Third Party Beneficiary. If you use an Apple device, you understand and agree that Apple is a third-party beneficiary to this agreement. Upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of this agreement. If you use an Android device, you understand and agree that Google is a third-party beneficiary to this agreement. Upon your acceptance of this agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of this agreement.

Support. Any questions or comments regarding the App should be directed to Cablevision at 1111 Stewart Avenue, Bethpage, NY 11714 or (866) 360-2758 or http://optimum.custhelp.com/app/ask.

Choice of Law. These Terms and any action for its enforcement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York, without giving effect to conflicts of laws principles thereof.

Changes to the App and these Terms. Subscriber agrees that Cablevision may for any reason and without notice to Subscriber, modify or terminate the App without liability to Subscriber, any user, or any third party, and require the user to download and accept an updated version of the App as a condition of further use. Cablevision may, in its sole discretion, change, modify, add, or remove portions of these Terms at any time. Cablevision may require Subscriber, following notice of such change, modification or amendment, to review and agree to any such changes to this agreement as a prerequisite to continued use of the App. If Subscriber does not agree to update the App and/or to the modification of these Terms, Subscriber will immediately cease usage of the App.

Effective July 13, 2015