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Terms and Conditions of Subscription to the WOW! Cable Service, Including Billing and Complaint Procedures
WOW! has terms and conditions that apply to each of its services. WOW! also has established policies in connection with its services, including Internet acceptable use and privacy policies. You should carefully read the terms and conditions and policies that relate to the services that you subscribe to. WOW! reserves the right to amend, revise or restate its terms and/or policies at any time. You will be notified of any amendments, revisions or restatements through electronic or written notification which notification shall be deemed satisfied through electronic posting of the amended, revised or restated agreement on WOW!'s web site at http://www.wowway.com (or any successor URL(s)). Any amendment, revision or restatement of WOW!’s terms and conditions or policies shall be effective immediately upon the giving of such notice. Your continued access to or use of the service shall be deemed conclusive acceptance of the amended, revised or restated terms and conditions or policies. Accordingly, customers and users of the WOW! services should regularly visit our web site to ensure that their activities conform to the most recent version of our terms and conditions and policies. For customers receiving service through commercial accounts, bulk arrangements or similar means, some terms or policies may not apply to you, depending upon your specific agreement with WOW!.
PLEASE CAREFULLY READ THE FOLLOWING STATEMENT OF TERMS AND CONDITIONS. THESE TERMS IDENTIFY THE CONTRACTUAL RIGHTS AND OBLIGATIONS OF THE PARTIES WITH REGARD TO THE CABLE SERVICE DELIVERED BY WOW! TO ITS CUSTOMERS. IN THIS AGREEMENT, WE REFER TO THE OPERATING COMPANY SUBSIDIARY OF WOW! INTERNET, CABLE AND PHONE THAT OWNS AND/OR OPERATES THE CABLE TELEVISION SYSTEM IN YOUR AREA PURSUANT TO A CABLE TELEVISION FRANCHISE WITH THE STATE OR LOCAL FRANCHISING AUTHORITY AS “WOW!”, “US”, “OUR” OR “WE” AND YOU AS THE “CUSTOMER”, “YOUR” OR “YOU.” YOU AGREE TO USE THE SERVICE IN COMPLIANCE WITH THESE TERMS (AS THEY MAY BE AMENDED OR RESTATED FROM TIME TO TIME) AND ANY OTHER RULES, POLICIES, PROCEDURES AND/OR REGULATIONS ADOPTED BY WOW! AND PROVIDED TO YOU. BUSINESS CUSTOMERS ARE SUBJECT TO THE FURTHER TERMS CONTAINED IN THE BUSINESS CUSTOMER AGREEMENT AND THE BUSINESS CUSTOMER AGREEMENT GENERAL TERMS AND CONDITIONS (THE “BUSINESS TERMS”), WHICH BUSINESS TERMS CONTROL IN THE EVENT OF A CONFLICT WITH THESE TERMS OF SERVICE.
1. Subscription to Service: WOW! offers various cable television Services at rates and fees more particularly described in a separate price list or order form, which has been provided to Customer. Customer, by signing the installation, sales or work order form or by using the Service, subscribes to certain of WOW!'s services (the “Service”) commencing upon the installation of Service, and agrees to comply with these Terms and Conditions (along with any amendments to such Terms and Conditions). In all events, all sales of the WOW! Services are subject to final approval by WOW!.
For those Customers receiving service through business or commercial accounts, bulk fee arrangements with multiple dwelling units, or other similar arrangements (“Other Service Arrangement”), some of these terms and conditions may not apply, depending upon the terms and conditions of the Other Service Arrangement. In the event of a conflict between these terms and conditions and the Other Service Arrangement, the agreement that documents the Other Service Arrangement will control. If you are a business services customer, the terms of your Business Customer Agreement and our General Terms and Conditions applicable to business customer services (the “Business Terms”) apply and will control in the event of a conflict with any other provision of these Terms.
2. Payment of Charges; Billing Disputes: Customer agrees to timely pay all charges, taxes and fees for the Service, along with all other WOW! services (phone and/or Internet). Customer will be billed monthly in advance for Services to be received, plus additional charges, if any, not previously billed. Customer will be billed monthly for pay per view, video on demand or other services ordered where charges are based on actual usage or on orders placed during the previous month. Customer is responsible in all respects for all use of and all Services ordered for Customer's account (by any person, under any password) in all circumstances, including payment obligations for all Services and lost, damaged or unreturned equipment. Customer must pay monthly charges within 28 days after the bill date (or such longer period as is expressly permitted by applicable law). Failure to pay charges invoiced may result in discontinuance of Service, the removal of equipment delivered and/or the imposition of a late payment or service charge. An additional charge may be imposed if a check or other form of payment is not honored due to insufficient funds or credit. In the event collection activities are required, a collection charge (as determined by WOW! in its sole discretion), in addition to all expenses and fees (including attorney fees) incurred by WOW!, will be paid by Customer.
In the event Customer pays WOW! an amount in excess of the amount due for the current billing period cycle, Customer agrees that WOW! will apply the overpayment to the Customer's next monthly billing statement. WOW! reserves the right in its sole discretion to determine how to apply partial payments or payments received from Customers that subscribe to multiple or bundled services. If a billing dispute occurs, Customer has thirty (30) days from the date of receipt of the bill to register a written dispute with WOW!. Customer should send billing disputes to: WOW! Internet, Cable & Phone, Attn: Billing Disputes, P.O. Box 63000, Colorado Springs, CO 80962-3000. Failure to object to a billing statement in writing within the 30 day period constitutes Customer's conclusive acceptance of the accuracy of the billing statement. In all events, Customer is required to pay the undisputed amount of the billing statement. Customers who choose the recurring payment option agree that they are responsible for ensuring that accurate deductions are in place with their financial institution. In no event will WOW! be liable for reimbursement of inaccurate recurring payments unless notified in writing by Customer within sixty (60) days of the deduction.
3. Changes of Service: Customers may change service, or order additional services offered by WOW! by calling Toll
Free 1-866-496-9669. Customers requesting changes of services or additional services are subject to a pro-rated statement reflecting the difference in cost for monthly services on Customer's next billing statement. Customers have the right to rescind their order for new services without charge prior to installation. Billing will begin at the time the service is activated on the Customer's account. Customers who participate in a promotional offer with a discount on monthly service fees will revert back to the standard monthly fee for the service at the end of the promotional period.
4. WOW! Property: All equipment, including but not limited to cables, wires, amplifiers, cable boxes and remotes delivered to and/or installed in the Customer's home by WOW! (“WOW! Equipment”) remains the property of WOW!; provided, however, unless otherwise specifically agreed to in a separate written agreement (such as a commercial or multiple dwelling unit agreement), WOW! Equipment does not include internal cable home wiring
(and passive devices connected to that wiring) that begins at a demarcation point roughly twelve inches outside the point where the wiring enters the Customer's premises (the “Inside Home Wiring”). Ownership of the Inside Home Wiring passes to Customer upon installation. Upon termination of Service, for whatever reason, Customer's right to possess and use the WOW! Equipment terminates. Customer must return all WOW! Equipment in the same condition as when received, reasonable wear and tear excepted, by any method reasonably requested by us, within ten (10) days after disconnection of Service. Upon our request, you will permit us, and our employees, agents, contractors, and representatives, to access your premises during regular business hours to remove the WOW! Equipment and other material provided by WOW!. This removal will be conducted at an agreed to time; and you will ensure the return of all WOW! Equipment to WOW!. Failure to return the WOW! Equipment to us undamaged within ten (10) business days after disconnection of Service will result in a charge to your account for the repair cost or replacement value (as determined by WOW! in its sole discretion) of the WOW! Equipment. Customer agrees that WOW! may charge such amount to Customer's credit card or bank account, if applicable (see Sections 15-18). In all events, Customer agrees to immediately pay such charges whether the WOW! Equipment is lost (through theft or otherwise), damaged or destroyed. Customer agrees that WOW! is not liable for any NSF, overdraft or other charges that may be imposed upon Customer as a result of charges by WOW! against Customer's credit card, security deposit or bank account.
5. Care of WOW! Property: Customer will safeguard the WOW! Equipment from loss or damage of any kind, and agrees that neither Customer nor any other person (except WOW!'s authorized personnel) will open, tamper with, service, make any alterations to, or remove any WOW! Equipment from its point of initial installation, except that Customer may remove the equipment from the premises to return it to WOW!. Any alteration, tampering, removal or 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.
6. Repair of WOW! Equipment: WOW! will respond to all requests for cable television system repair. WOW! will repair and/or replace defective WOW! Equipment in Customer's home. WOW! is not responsible for the maintenance or repair of Customer equipment such as television sets, VCR's, or other video equipment, stereos or other audio equipment, telephones, A/B switches, Inside Home Wiring or any other Customer equipment or property. A service charge may be imposed if WOW! determines that damage to WOW! Equipment or the system is caused by Customer or a third party, or if no fault is discovered in WOW!'s system or Equipment. WOW! makes no warranties with respect to the WOW! Equipment.
7. Access to Customer Premises and Use of Existing Customer Property: Customer grants WOW! the right to install, operate and maintain its equipment in, under and upon the Customer's premises. Customer represents and warrants that he or she owns the premises on which WOW! equipment is or will be installed, or has obtained permission for such installation from the owner of the premises. Customer further agrees: (i) to provide WOW!'s representative with access at reasonable times to the premises to install, inspect, replace, remove, operate and maintain the equipment supplied by WOW! and, upon the termination of Service, to remove any WOW! Equipment from the premises (it being understood that WOW!'s failure to remove its property shall not be deemed an abandonment thereof). This authorization includes allowing WOW! or its representatives to be on Customer's premises outside of Customer's home, even if Customer is not present; (ii) that the installation may require drilling, cutting and other alterations to improvements on the premises (including walls, flooring and/or other surfaces) and that WOW! assumes no obligation to restore or repair any such alterations or damages adjacent to such alterations (except to the extent such damages are attributable to the sole negligence of WOW!); and (iii) to allow WOW!, in its discretion, to use for the provision of WOW!'s Services any existing cable wiring, conduit and/or other devices located within or installed upon the premises. Customer warrants that Customer possesses the authority to grant the rights specified herein and agrees to indemnify and hold WOW! harmless from any and all claims or damages, including payment of any attorney fees and other legal costs, arising out of the breach of this Section.
8. Customer Equipment: WOW! assumes no responsibility for the condition or repair of any Customer or other third party owned equipment. WOW! is not responsible or liable for any loss or impairment of reception of WOW!'s service due, in whole, or in part, to a malfunction or defect in Customer or other third party owned equipment. Customer agrees to adequately repair and maintain all of the Customer equipment (including Inside Home Wiring) so that it does not interfere with the operations of the WOW! cable system. Customer further agrees that it will not attach anything to the Inside Home Wiring or other Customer equipment or WOW! equipment that degrades WOW!'s signal quality or strength, or otherwise impairs the functionality or integrity of WOW!'s cable system. WOW! may charge to Customer standard service charges: (i) to perform modification or recovery of the service or to repair WOW!'s Equipment, system or network facilities if WOW! determines that such modification, recovery or repair, was caused by Customer (or a third party), or if WOW! finds no fault in its system or Equipment; (ii) to perform modification or recovery of the Service or to repair WOW!'s Equipment, system or network facilities if WOW! determines that such modification, recovery or repair, was necessitated in whole or in part due to defective, improper, incompatible or inadequately maintained Customer or other third party owned equipment; or (iii) to perform services related to any Customer or third party owned equipment.
9. Disruption of Service: In no event shall WOW! be liable for any failure or interruption of program transmissions or Service resulting in part or entirely from circumstances beyond WOW!'s control. Subject to the foregoing and applicable law, credit will be given for qualifying outages as follows: if there is a known, verifiable, Service interruption in excess of 24 hours, WOW!, upon notification of such failure or interruption from the Customer within 30 days of such failure or interruption, will provide Customer with a pro-rata credit relating to such failure or interruption. Customer may notify WOW! of the disruption of Service in writing or by calling 1-866-496-9669. The credit amount is determined based on the Customer's monthly services, the number of services affected and the total outage time. WOW! will not issue a credit if it is prevented from gaining access to its Equipment to fix the problem. Credits are issued the next available billing cycle, following a determination that credit is warranted. CUSTOMER AGREES THAT, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW SUCH CREDIT IS CUSTOMER'S SOLE REMEDY FOR A DISRUPTION OF SERVICE. WOW! SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED.
10. Ohio Customer Service Standards: Notwithstanding anything in this Agreement to the contrary, WOW! will adhere to the following customer service and disruption standards with respect to its Ohio customers: (1) WOW! will restore video service within seventy-two hours after a customer reports a service interruption or other problem if the cause was not a natural disaster; (2) Upon a report by a customer of a service interruption and if the interruption is caused by WOW! and lasts for more than fours hours in a given day, WOW! will give the customer a credit in the amount of the cost of each such day's video service as would be billed to the subscriber; (3) Upon a report by a customer of a service interruption and if the interruption is not caused by WOW! and lasts for more than twenty-four consecutive hours, WOW! shall give the customer, for each hour of service interruption, a credit in the amount of the cost of per hour video service as would be billed to the customer; (4) WOW! shall not disconnect all or part of a customer's video service for failure of the customer to pay its video service bill, until the bill is at least forty-five days past due; and (5) WOW! will provide customers with at least 10 days advance written notice of a disconnection of all or part of a customer’s video service, except if the disconnection has been requested by the customer, is necessary to prevent theft of video service, or is necessary to reduce or prevent signal leakage.
11. Taxes and Fees: Customer agrees to pay any local, state or federal taxes (including sales, use and real and personal property taxes levied with respect to Customer's property), fees and/or charges imposed or levied on or with respect to the Service, the equipment or installation or placement charges incurred with respect to the same.
12. Use of Service: Customer agrees that: (i) the Service provided by WOW! will be utilized solely in accordance with all applicable laws and for Customer's private, personal, non-commercial use. The Service may not be viewed in areas open to the public, and may not be resold, rebroadcast or transmitted, nor may admission be charged for its viewing; (ii) pay-per-view, video on demand (VOD) and premium programming may not be distributed to commercial establishments. Customer may not order or request pay-per-view, VOD or premium programming for receipt, exhibition or taping in a commercial establishment, nor may Customer exhibit or assist in exhibiting pay-per-view, VOD or premium programming in a commercial establishment, unless expressly authorized in writing to do so, in advance, by both WOW! and our program provider. You agree to defend, indemnify and hold WOW! harmless from any claim made against you or WOW! relating to any unauthorized commercial exhibition; (iii) the Service provided by WOW! will not be duplicated except in compliance with applicable law; and (iv) Customer will adhere to any WOW! rules and regulations provided to Customer. Customer acknowledges that WOW! may change such rules and regulations at any time.
13. Assignment or Transfer: This Agreement and the WOW! Equipment are not assignable or otherwise transferable by Customer without WOW!'s prior consent. WOW! may freely assign this Agreement.
14. Termination of Service by Customer: Except as specifically agreed to in a writing signed by the parties (e.g., as part of a Business Customer Agreement), the Service and this Agreement shall remain in effect until disconnection of the Service by WOW! occurs as a result of WOW!'s receipt of Customer's notice of termination, and Customer returns the WOW! Equipment. Customer shall give such notice of termination either in writing, or by calling WOW! at 1-866-496-9669. Any applicable money-back guarantee given at the time Customer subscribes to the WOW! service is available only to first-time subscribers for refund of the first and second regular monthly payments made by Customer for the WOW! service (excluding taxes and other fees, equipment charges, optional service charges, WOW! OnDemand, pay-per-view, and long-distance and other usage based charges). To be eligible for a money-back guarantee refund, Customers must: (i) timely pay for all services, taxes and fees and comply with applicable service agreement(s); and (ii) terminate service and request a refund in writing within 60 days of service activation. The refund will not apply if service is reestablished by Customer within 90 days of disconnection. WOW!’s money-back guarantee policies are subject to change. Under applicable Illinois law, Illinois customers are also entitled to request a pro-rata credit if they are dissatisfied with an upgraded service and cancel that service within 60 days.
15. Termination of Service by WOW!: If Customer breaches this Agreement or fails to abide by WOW!'s rates, rules, regulations and/or policies, WOW!, at its option and without the giving of notice (except to the extent required by applicable law), may discontinue the Service and remove the WOW! Equipment, and pursue all of its other legal and equitable remedies against Customer. Failure of WOW! to remove its equipment shall not be deemed abandonment thereof. Customer shall pay reasonable collection and/or attorney's fees to WOW! in the event that WOW! shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement. WOW! may terminate its Service immediately in the event that Customer makes an assignment for the benefit of creditors or a voluntary petition is filed by or against Customer under any law having for its purpose the adjudication of Customer as a bankruptcy or the reorganization of Customer. WOW! may also terminate this Agreement for any other reason upon thirty (30) days notice to Customer. In the event WOW! terminates the Service for any reason other than Customer's violation of this Agreement, any fees and charges will accrue through the later of the effective date of termination of this Agreement or date of disconnection of Service and return of WOW! Equipment, but any prepaid monthly service fees for Service not received will be refunded (less any outstanding amounts due WOW! for equipment or other applicable fees and charges). To the extent permitted by law, WOW! may apply any security deposit or credit to offset any amounts due to WOW! (including amounts due for unreturned or damaged equipment) before remitting the balance to Customer.
16. Customer Obligations Upon Termination: Customer agrees that upon termination of this Agreement, Customer will immediately cease use of the Service and the WOW! Equipment, and uninstall and destroy all copies of any software provided to Customer pursuant to this Agreement or otherwise used by Customer to access the Service. Customer will pay in full for use of the Service and the WOW! Equipment up to the later of the effective date of termination of this Agreement or the date on which the Service is disconnected. Customer agrees to pay on a pro-rated basis for any use of the WOW! Equipment or Service for a part of a month. Customer shall return the WOW! Equipment to WOW!, by any method reasonably requested by us, within ten (10) days after disconnection of Service. Upon our request, you will permit us, and our employees, agents, contractors, and representatives, to access your premises during regular business hours to remove the WOW! Equipment and other material provided by WOW!. This removal will be conducted at an agreed to time; and you will ensure the return of all WOW! Equipment to WOW!. If any WOW! Equipment is returned damaged, you agree that WOW! may bill you for the repair or replacement of such equipment (as determined by WOW! in its sole discretion), including without limitation charging your credit card or bank account if applicable. In all events, Customer agrees to immediately pay such charges whether the WOW! Equipment is lost (through theft or otherwise), damaged or destroyed. Customer agrees that WOW! is not liable for any NSF, overdraft or other charges that may be imposed upon Customer as a result of charges by WOW! against Customer's credit card, security deposit or bank account. WOW! may apply any security deposit or other credit to offset any amounts due to WOW! (including amounts due for unreturned or damaged equipment) before remitting the balance to Customer. If you are a business services customer, you may also be required to pay an early termination fee.
17. Recurring Charges: WOW! will charge all amounts payable by Customer to WOW! to Customer's credit card or bank account (EFT) in accordance with the information provided by Customer. By providing a credit card or EFT number to WOW!, Customer authorizes WOW! to continue charging the credit card or EFT for all monthly fees (including without limitation monthly service fees and equipment charges, as well as applicable taxes and fees)
payable to WOW!, and any other charges incurred by Customer and payable to WOW! pursuant to this Agreement. Monthly service fees and equipment fees may be charged up to thirty (30) days in advance of the first day of the month for which the charges relate.
18. Credit Inquiries and Security: WE RESERVE THE RIGHT TO VERIFY AND APPROVE CREDIT AS A CONDITION OF PROVIDING ANY SERVICES, AND YOU AUTHORIZE US TO INVESTIGATE YOUR CREDIT HISTORY BY OBTAINING A CREDIT REPORT OR OTHER SIMILAR INFORMATION AND/OR MAKING INQUIRIES OF ACCOUNT HISTORIES. YOU AUTHORIZE US TO ENTER THIS INFORMATION IN YOUR FILE, AND TO DISCLOSE THIS INFORMATION CONCERNING YOU TO APPROPRIATE THIRD PARTIES FOR REASONABLE BUSINESS PURPOSES. WOW! may in its discretion require a security deposit, valid credit card on file or bank account information (EFT) to secure return of equipment and payment for services and other charges. Customer understands and agrees that EFT's cannot be provided solely for security purposes. EFT's provided for security purposes will also automatically deduct the full balance due on the customer's account on a monthly basis. By providing a security deposit, or a credit card or EFT number to WOW!, Customer authorizes WOW! to charge against the credit card or EFT or withdraw from any security deposit or account: (i) the repair cost or replacement value (as determined by WOW! in its sole discretion) of all of our Equipment that is not returned to WOW! undamaged within ten (10) business days after disconnection of Service; and (ii) amounts due to WOW! for services, fees and other charges. Customer will be refunded the balance of any security deposit (without interest unless otherwise required by law), and all or a portion of the amount charged to Customer's credit card or EFT for WOW! Equipment, if payment has been timely made for all amounts due on Customer's account and Customer timely returns our Equipment undamaged.
19. Credit Card and Bank Account Authorization: Customer warrants that Customer is either the authorized signatory on the credit card or EFT placed with us, or Customer has secured permission from the authorized signatory on the credit card or EFT to allow us to charge amounts to the authorized signatory's credit card or EFT in accordance with this Agreement. Customer authorizes us to charge all amounts due to us against the credit card or EFT. Customer agrees that we are not liable for any NSF, overdraft or other charges that may be imposed upon Customer as a result of any EFT or credit charge against Customer's account. Customer agrees to inform us immediately of any change in credit card or EFT information (including without limitation a change in the credit card expiration date). Customer's card issuer agreement governs use of the credit card in connection with the WOW! Service, and Customer must refer to that agreement with respect to Customer's rights and liabilities as a cardholder. If we do not receive payment from Customer's bank or credit card issuer or their agents, Customer agrees to immediately pay all amounts due upon demand by us.
20. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are subject to change in accordance with applicable law. Upon request by Customer, WOW! will entirely block the reception of both the audio and video of a specific analog channel.
21. Rates: Subject to the express terms of any temporary promotional offer or discount authorized by WOW!, Customer agrees to pay WOW!'s then current rates, fees and charges for Services provided. Such rates, fees and charges for the installation of Service or equipment and rates for programming or other Services are subject to change in the future. Customers who participate in a promotional offer with a discount on monthly service fees will revert back to the standard monthly fee for the Services at the end of the promotional period. Unless otherwise expressly provided, any promotional, discounted or guaranteed rate for service applies only to the particular Services identified, and excludes additional fees and charges for taxes, fees (e.g., franchise, PEG and regulatory fees), equipment rental, installation and other separately billed services.
22. Late Fee and Service Disconnection: If Customer's account is 20 days past due, Customer will be charged a $5.00 late fee, in addition to any past due balance. If Customer's account is 40 or more days (or such longer period specified by applicable franchise agreement or law) past due, Customer's Service may be interrupted. If Customer's account is 50 or more days (or such longer period specified by applicable franchise agreement or law)
past due, Customer's service may be disconnected.
23. Reconnection Charges, Terms and Conditions: Before restoring a Customer's Service after disconnection for non-payment, WOW! may require that Customer pay the full balance owed to WOW!, a security deposit, the published reconnection charge, and any applicable franchise fees, taxes and any other applicable charges. Disconnected Customers who elect to remain disconnected are legally responsible for payment of all past due amounts, as well for as for the safe return of all WOW! Equipment.
24. Disclaimer Regarding Programming and Information: WOW! assumes no liability for any program or information distributed over the cable system. WOW! shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the cable system or Services.
25. Limitation of Liability: EXCEPT TO THE EXTENT PROVIDED IN THIS AGREEMENT AND SUBJECT TO APPLICABLE LAW, WOW!, INCLUDING ITS AFFILIATES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, OR HARM TO BUSINESS), AND WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE CUSTOMER'S USE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY.
26. No Warranties: EXCEPT TO THE EXTENT PROVIDED IN THIS AGREEMENT AND SUBJECT TO APPLICABLE LAW, WOW! MAKES NO WARRANTY THAT: (I) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (II) THE QUALITY OF THE SERVICES OBTAINED BY CUSTOMER WILL MEET CUSTOMER'S EXPECTATIONS. ALL SERVICES AND EQUIPMENT PROVIDED BY WOW! ARE PROVIDED ON AN “AS IS” AND “ AS AVAILABLE” BASIS. WOW! MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.
27. Sole Remedy: Customer's sole and exclusive remedies are as expressly set forth in these Terms and Conditions as the same may be amended in writing by WOW! from time to time. Some states do not allow the exclusion or limitation of implied warranties, some states do not allow the limitations or exclusion of incidental or consequential damages and some states require service satisfaction guarantees, so certain of the above exclusions and limitations may not apply. In such states, THE LIABILITY OF WOW! AND ITS AFFILIATES AND AGENTS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
28. Customer Liability: Customer is responsible and agrees to reimburse WOW! for any damages, losses or expenses (including attorney fees and costs) incurred in connection with any claims, suits, judgments and/or causes of action arising out of or related to Customer's use of the Service, breach of this Agreement and/or violation of applicable law, including laws relating to protection of patents, copyrights, trademarks and other intellectual property rights.
29. Complaint Resolution: Customer may submit a complaint to WOW! with regard to any aspect of the Service, including the quality of the reception, at any time. WOW! maintains a toll-free telephone number (1-866-496-9669) that is available 24 hours a day, 7 days a week. When a call is received regarding a service related issue, , a customer care representative (CCR) will attempt to determine the nature of the problem. If possible, the CCR will help you resolve the problem over the telephone. If the problem cannot be resolved during the call, the CCR may if necessary schedule a service technician to visit your home. If the problem cannot be resolved by the CCR, the problem will be referred to a supervisor who will make best efforts to resolve the issue immediately. If a Customer has a complaint requiring further escalation, Customer should contact WOW! at our toll-free number, 1-866-496-9669, in writing at WOW! Internet, Cable & Phone, Attn: Billing Disputes, P.O. Box 63000, Colorado Springs, CO 80962-3000, or by emailing us from the “Contact Us” section on www.wowway.com. WOW!'s policy is to reply to an escalated Customer complaint within thirty working days of receipt. WOW! will endeavor to include in its reply a statement of action taken, description of future work needed to resolve any issue or an explanation why the complaint is unjustified or outside the jurisdiction of WOW!. If Customer is dissatisfied with WOW!'s handling of a complaint, Customer can also contact the local or state franchising authority. Information regarding Customer's local or state franchising authority can be found on Customer's monthly billing statement, or by calling 1-866-496-9669. Our Illinois customers also have the right to request mediation and to review in a court of competent jurisdiction. Our Michigan customers can file a complaint with the Michigan Public Service Commission (MPSC), which provides for an informal mediation process.
30. Binding Arbitration: UNLESS PROHIBITED OR RESTRICTED BY APPLICABLE LAW, ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT THAT CANNOT BE RESOLVED INFORMALLY AS DESCRIBED ABOVE (EXCEPT FOR (1) CLAIMS FILED BY WOW! TO COLLECT OUTSTANDING BALANCES FOR UNPAID SERVICE OR THE THEFT OF ANY SERVICE OR EQUIPMENT; (2) ANY DISPUTE OVER VALIDITY OF EITHER PARTY'S INTELLECTUAL PROPERTY RIGHTS OR WOW!'S LICENSES TO OPERATE ITS BUSINESS; (3) ANY DISPUTE INVOLVING VIOLATIONS OF 47 U.S.C. §551 OR 18 U.S.C. §§2510-2521; or (4) CLAIMS ARISING OUT OF COMMERCIAL ACTIVITIES) SHALL BE RESOLVED BY BINDING ARBITRATION COMMENCED WITHIN ONE (1) YEAR UNDER THE THEN- CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (OR ANY CONSUMER RULES ADOPTED BY THE AMERICAN ARBITRATION ASSOCIATION TO WHICH BOTH PARTIES AGREE), EXCEPT THAT EITHER PARTY MAY SEEK EQUITABLE OR INJUNCTIVE RELIEF ONLY IN AN APPROPRIATE COURT OF LAW OR EQUITY. NO CLAIM SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MAY BE COMBINED WITH A CLAIM SUBJECT TO RESOLUTION BEFORE A COURT OF LAW OR EQUITY. THE ARBITRABILITY OF DISPUTES SHALL BE DETERMINED BY THE ARBITRATOR. ANY AWARD OF THE ARBITRATOR SHALL BE IN WRITING AND SHALL STATE THE REASONS FOR THE AWARD. JUDGMENT UPON AN AWARD MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD ANY DAMAGES IN EXCESS OF THE APPLICABLE LIMITS SET FORTH IN OR EXCLUDED UNDER ANY SECTION OF THIS AGREEMENT. THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1 TO 16, SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS PARAGRAPH. EACH PARTY SHALL BEAR ITS OWN EXPENSES AND THE COST OF ARBITRATOR(S) SHALL BE SHARED. THE PARTIES EXPRESSLY WAIVE ANY ENTITLEMENT TO ATTORNEYS' FEES OR PUNITIVE DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. CONSOLIDATED OR CLASS ACTION ARBITRATIONS SHALL NOT BE PERMITTED. THE ARBITRATOR SHALL NOT HAVE THE POWER TO ORDER PRE-HEARING DISCOVERY OF DOCUMENTS OR THE TAKING OF DEPOSITIONS, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND THE PRODUCTION OF DOCUMENTS AT THE HEARING. NOTWITHSTANDING THE FOREGOING, PURSUANT TO THE ILLINOIS CABLE AND VIDEO CUSTOMER PROTECTION LAW (EFFECTIVE JANUARY 1, 2008), IN THE EVENT AN ISSUE IN ILLINOIS IS NOT RESOLVED THROUGH WOW!'S INFORMAL PROCESS, A LOCAL UNIT OF GOVERNMENT OR THE CUSTOMER MAY REQUEST NONBINDING MEDIATION WITH WOW!, WITH EACH PARTY TO BEAR ITS OWN COSTS OF SUCH MEDIATION. SELECTION OF THE MEDIATOR WILL BE BY MUTUAL AGREEMENT, AND PREFERENCE WILL BE GIVEN TO MEDIATION SERVICES THAT DO NOT CHARGE THE CONSUMER FOR THEIR SERVICES. IN THE EVENT THE INFORMAL PROCESS DOES NOT PRODUCE A SATISFACTORY RESULT TO THE CUSTOMER OR THE LOCAL UNIT OF GOVERNMENT, ENFORCEMENT MAY BE PURSUED IN A COURT OF COMPETENT JURISDICTION. COMPLAINTS FILED WITH THE MPSC ARE ALSO SUBJECT TO A MEDIATION AND HEARING PROCESS, AS PRESCRIBED BY THE MPSC.
31. Modification of Terms: So long as Services are provided to Customer, these Terms and Conditions, as amended, will remain in effect until canceled by either party in accordance with these Terms and Conditions. CUSTOMER AGREES AND ACKNOWLEDGES THAT WOW! MAY FROM TIME TO TIME AMEND, REVISE OR RESTATE THESE TERMS AND CONDITIONS. CUSTOMER SHALL BE NOTIFIED OF ANY AMENDMENTS, REVISIONS OR RESTATEMENTS THROUGH ELECTRONIC OR WRITTEN NOTIFICATION, WHICH NOTIFICATION SHALL BE DEEMED SATISFIED THROUGH VIDEO TRANSMISSION OR ELECTRONIC POSTING OF THE AMENDED, REVISED OR RESTATED AGREEMENT ON WOW!'S WEB SITE. ANY AMENDMENT, REVISION OR RESTATEMENT OF THIS AGREEMENT SHALL BE EFFECTIVE IMMEDIATELY UPON THE GIVING OF SUCH NOTICE. CUSTOMER'S CONTINUED ACCESS TO OR USE OF THE SERVICE SHALL BE DEEMED CONCLUSIVE ACCEPTANCE OF THE AMENDED, REVISED OR RESTATED AGREEMENT AND ITS TERMS AND CONDITIONS.
32. Entire Agreement: This Agreement, together with any applicable sales or work order or other written agreement (and rules, regulations and policies adopted by WOW!), constitutes the entire agreement between the Customer and WOW!. No undertaking, representation or warranty made by any agent or representative of WOW! in connection with the sale, installation, maintenance or removal of WOW!'s Services shall be binding on WOW! except as expressly set forth in writing herein.
33. Severability: The parties acknowledge that WOW! is subject to the provisions of its local and/or stated franchise agreements, and applicable federal, state and local laws and regulations (“Applicable Law”). Any duty or promise of WOW! under this Agreement that conflicts with any provision of Applicable Law is to that extent void. Notwithstanding, the terms of this Agreement are considered severable, and in the event that any term is rendered unenforceable due to any such conflict, this Agreement shall remain in full force and effect, except for such term.
34. Force Majeure: WOW! shall not be responsible for any failure to perform or delay in performance due to unforeseen circumstances, or due to a cause beyond WOW!'s control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or failures of telecommunications or computer resources, fuel, energy, labor or materials.
35. Applicable Law: This Agreement shall be construed and enforced under applicable federal law, the regulations of the FCC and laws of the state and locality in which the Services are performed.
(Terms and Conditions Revised as of November 10, 2009.)
