Time Warner Cable IntelligentHome Service Addendum
PLEASE READ THIS AGREEMENT AND YOUR WORK ORDER AND CONSENT TO SUBSCRIBER AGREEMENT CAREFULLY. TOGETHER THEY FORM AN “ADDENDUM” THAT IS INCORPORATED AND MERGED INTO (IN OTHER WORDS, MADE PART OF) THE RESIDENTIAL SERVICES SUBSCRIBER AGREEMENT THAT GOVERNS YOUR AND YOUR HOUSEHOLD MEMBERS’ USE OF TIME WARNER CABLE’S SERVICES.
THE ADDENDUM AND THE OTHER CUSTOMER AGREEMENTS REFERRED TO IN THE RESIDENTIAL SERVICES SUBSCRIBER AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US. NEITHER THE ADDENDUM NOR ANY OF THE OTHER CUSTOMER AGREEMENTS MAY BE MODIFIED OR AMENDED EXCEPT BY A WRITTEN DOCUMENT EXECUTED BY YOU AND A DULY AUTHORIZED REPRESENTATIVE OF TWC. YOU ARE NOT ENTITLED TO RELY ON ANY AGREEMENTS OR UNDERTAKINGS MADE BY TWC PERSONNEL OTHER THAN AS SET FORTH IN THE CUSTOMER AGREEMENTS.
THE ADDENDUM INCLUDES THESE AND OTHER IMPORTANT TERMS:
- THE INTELLIGENTHOME SERVICES YOU SUBSCRIBED TO AND THE RELATED CHARGES;
- THE EQUIPMENT YOU HAVE SELECTED AND ARE PURCHASING OR OTHERWISE RECEIVING IN CONNECTION WITH THE SERVICES, AND THE RELATED CHARGES;
- ANY INSTALLATION OR ACTIVATION CHARGES;
- HOW LONG YOUR CONTRACT RUNS (MINIMUM SERVICE TERM) AND FEES, IF ANY, FOR EARLY TERMINATION; AND
- LIMITATIONS ON TIME WARNER CABLE’S LIABILITY TO YOU OR OTHER PARTIES.
SECTION 8 OF THIS AGREEMENT CONTAINS A BINDING"ARBITRATION CLAUSE," WHICH SAYS THAT YOU AND TWC AGREE TO RESOLVE CERTAINS DISPUTES THROUGH ARBITRATION, AND ALSO CONTAINS A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST TWC MORE THAN ONE YEAR AFTER THE RELEVEANT EVENTS OCCURRED. yOU HAVE THE RIGHT OPT OUT OF THESE CLAUSES. SEE SECTIONS 14,15 AND 16 OF THE RESIDENTIAL SERVICES SUBSCRIBER AGREEMENT.
IF YOU AGREED TO PURCHASE ANY PORTION OF THE INTELLIGENTHOME SERVICES OR EQUIPMENT WHILE MEETING WITH A TWC SALES REPRESENTATIVE, YOU MAY CANCEL THAT AGREEMENT PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY AFTER THE DATE OF THE AGREEMENT. YOUR TWC REPRESENTATIVE WILL PROVIDE YOU WITH A FORM EXPLAINING HOW YOU CAN CANCEL THE AGREEMENT AND THE LAST DATE ON WHICH YOU CAN DO SO.
By signing the Work Order and Consent to Subscriber Agreement (either in electronic or print form) or by using the IntelligentHome Service, you accept (in other words, make legally binding) our Customer Agreements, including the Addendum, and confirm that, by doing so, you are not violating the terms of any agreement you may have with any other provider of services.
Capitalized terms and certain other terms used in the Addendum have special meanings. Unless the terms are defined in Section 9 of this agreement, they have the meanings given to them in the Residential Services Subscriber Agreement. You can review the Residential Services Subscriber Agreement, along with all our Customer Agreements, at http://help.twcable.com/policies.html or by contacting your local TWC office. As indicated in the Residential Services Subscriber Agreement, the Services are for non-commercial use only.
You agree on your own behalf and on behalf of your household members as follows:
1. You Must be a TWC Broadband Customer
- Standard Level HSD Service or Higher. You must be an existing subscriber to TWC’s High Speed Data (or HSD) Service, at the “standard” level or higher, to receive the IntelligentHome Service
- Your HSD Account Must Be Current. If you stop receiving TWC high-speed Internet service at the standard level or higher, violate any of our Customer Agreements or policies, or otherwise fail to maintain your high-speed Internet account in good standing and the service in good working order, we may suspend or terminate your IntelligentHome Service.
- Data Usage Charges May Apply. We will include in our calculation of your aggregate monthly data usage the data that is sent to and received from your premises in connection with the IntelligentHome Service. As a result, if your HSD Service level has a Bandwidth Limit, data usage charges relating to the IntelligentHome Service may apply.
2. A Minimum Term May Apply
- Minimum Service Term Appears on Work Order. Your Work Order and Consent to Subscriber Agreement indicates whether you have agreed to a minimum service term for the IntelligentHome Service and, if you have, the number of months in the term.
- Early Termination Fee Appears on Work Order. YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE IF YOU CANCEL SERVICES BEFORE THE END OF THE MINIMUM SERVICE TERM (IF ANY), OR IF WE TERMINATE YOUR SERVICE EARLY “FOR CAUSE” UNDER OUR CUSTOMER AGREEMENTS, INCLUDING AS A RESULT OF YOUR NO LONGER RECEIVING OUR HIGH-SPEED INTERNET SERVICE. The amount of the Early Termination Fee is set out in your Work Order and Consent to Subscriber Agreement.
- After the Initial Service Term. After your minimum service term (if any) expires (or if you have no minimum service term), the Addendum will continue to govern your use of the Service and will automatically renew on a “month-to-month” basis until terminated by either party. While your service term is month-to-month, all terms and conditions set forth in this Addendum shall remain in full force and effect. However, you will not be subject to an Early Termination Fee if you cancel your service during any month-to-month term.
- New Rates May Apply Outside of Initial Service Term. Prior to the end of your minimum service term, we will notify you of the monthly charges and any other fees that will apply once your service term becomes “month-to-month.” While your service term is month-to-month (including if you were never subject to a minimum service term), TWC can change the monthly charges and any other fees associated with your IntelligentHome Service by providing you at least one billing cycle’s notice of the change.
3. Installation and Monitoring and What We Do When an Alarm is Triggered.
- We Agree to Install the IntelligentHome Equipment Selected by You and, If Applicable, Monitor Alarm Signals. Our obligations under the Addendum are limited to installing in a workmanlike manner the IntelligentHome Equipment selected and ordered by you and, if applicable, monitoring alarm signals received by our central monitoring office from the IntelligentHome Equipment installed at your premises. While we may make recommendations as to the types and locations of the IntelligentHome Equipment, we are not agreeing to configure the IntelligentHome Equipment in any specific manner nor to install or design a system that is infallible or fit for any particular purpose. Some municipalities require that we inform them of new IntelligentHome service installations and/or of false alarms. If you live in such an area, you hereby consent to TWC’s disclosure of this information if TWC determines it is necessary to comply with local law.
- Reasonable Efforts to Dispatch Emergency Responders. Alarm monitoring services will begin when the Equipment is installed and operational and when the necessary communications connection and testing is completed. We will monitor the IntelligentHome Equipment from a central monitoring office during your service term (whether you have committed to a minimum service term or your service term is month-to-month). If the monitoring office receives a signal indicating that a fire or smoke condition exists in or at your premises, we will use all reasonable efforts to dispatch fire responders to the service address for your premises listed in our records. If the monitoring office detects an intrusion (for example, a sensor indicates that a door or window has been opened while the system is “armed”), we will use all reasonable efforts to dispatch the appropriate emergency responders. If we notify emergency responders that an alarm
signal has been received from your premises, the responders may forcibly enter your property and/or your premises. We are not responsible for any damages resulting from the forcible entrance by emergency responders onto your premises.
- Verification By Private Security Firm May Be Required. In some areas we are required to use private security personnel to respond to and verify certain intrusion alarms before local police will agree to be dispatched. In those areas, we will use local security firms to respond to such alarms and, if there is a reasonable basis to believe an intrusion has occurred, local police will be contacted and requested to dispatch emergency responders. Where required, this verification procedure may result in a delay in the dispatch of emergency responders. The acts or omissions of any private security personnel used by us to verify intrusion alarms shall be covered by the terms and conditions of the Addendum -- including the limitations on TWC’s liability that are set forth below.
- We May Call You or Your Authorized Contacts to Verify. We may (but are not obligated to) attempt to contact you or another person that you have identified to verify an alarm before we request a dispatch of the police or other emergency responders. If a person at your premises (or another authorized contact person) provides us with a current, pre-agreed passcode for your account and requests that we disregard an alarm, that we not contact emergency responders, or that we cancel a previous dispatch request to emergency responders, we may (but are not obligated to) attempt to do so. If we have any reason to believe that no emergency condition exists at your premises, we may elect, in our sole discretion, not to request the dispatch of emergency responders and/or not to follow the notification or other procedures utilized for alarm conditions.
- Keep Your Contact Information Current. You will ensure that all account and other information you provide to us in connection with the IntelligentHome Services is current and accurate. You must notify us, in advance in writing (including through our secure website), of any person you wish us to try to contact if an alarm occurs on your premises. You are responsible for updating and ensuring the accuracy of this information, including notifying us if you wish to remove a previously authorized contact person. If you fail to do so, you will have breached (in other words, violated the terms of) the Addendum.
- We Can Rely on Your Authorized Contacts’ Instructions. The person(s) identified in your contact information will be authorized to act on your behalf, including having authority to cancel an alarm prior to our notifying emergency responders. We are entitled to rely on the instructions of any such individual so long as they provide the current, pre-agreed passcode for your account at the time of the relevant event.
- Two-Way Communications. The IntelligentHome Equipment may permit “two-way” voice communications, which allow you to speak to our central monitoring office from designated places within your premises and for our central monitoring office personnel to speak to you. We may also use this feature to hear what is occurring within your premises but only when, in our sole discretion, we deem it necessary or advisable in providing the monitoring services (for example, when a sensor indicates that a door or window has opened while the system is “armed”). We are not obligated to attempt to dispatch emergency responders or contact any other person based solely on two-way voice communications unless such assistance is requested by a person who provides the current, pre-agreed passcode for your account at the time of the relevant event.
- We May Record Communications. We may (but are not obligated to) record and retain any communications concerning your TWC account regardless of whether such communications are from your premises or another location or are with you or another person. You hereby consent to and expressly authorize such recording.
4. You Must Protect TWC Against Third Party laims, Including from Your Insurance Company and Including Claims That We Were Negligent
- Your Duty to Protect and Indemnify TWC. The IntelligentHome Service and our Customer Agreements, including the Addendum, are intended only for your benefit and the benefit of the members of your household. If a third party (in other words, someone not subject to this agreement), which could include your insurance company, makes or brings a claim against us related to the IntelligentHome Service, the Equipment or the Software provided to you (for example, claiming that they did not work correctly or that TWC was negligent in providing them), or based on a breach by you of the Addendum, you will protect and indemnify us against such claim. This means that you will hold TWC harmless, defend us (at our exclusive election), release us from liability and reimburse us for any losses or damages that we incur, including reasonable attorneys’ fees and costs,
as a result of such claim.
- Regardless of Basis of Claim. Your responsibilities under this section of the Addendum cover any Dispute brought by any third party, including your insurance company, whether arising under contract, tort (for example, a negligence or product liability claim), violation of law or regulation or any other legal theory. However, your responsibilities do not apply to Disputes based on injuries to third parties or to their property that occur while our employees or agents were on your premises and which were caused solely and directly by those employees or agents.
- EVEN IN THE EVENT OF OUR OWN NEGLIGENCE. YOUR DUTY TO PROTECT AND INDEMNIFY TWC APPLIES EVEN IN THE CASE OF TWC’S NEGLIGENCE. YOU WAIVE ANY RIGHTS THAT YOUR INSURANCE CARRIER OR OTHERS PURPORTING TO CLAIM THROUGH YOU MAY HAVE AGAINST TWC (WHICH MAY BE REFERRED TO IN LEGAL DOCUMENTS AS RIGHTS OF “SUBROGATION”).
- False Alarm Charges. If we are required to pay any fines, penalties or other costs as a result of a false alarm at your premises, you will reimburse us for such costs, including reasonable attorneys’ fees. If there are repeated false alarms at your premises, we may terminate your IntelligentHome Service “for cause.” If we notify you of a malfunction which results in repeated false alarms, you will disconnect the Equipment until the malfunction is repaired. This may result in an interruption to the IntelligentHome Service.
5. Your Responsibilities Regarding the IntelligentHome Equipment
- You Must Return Our Equipment. The Time Warner Cable Equipment belongs to us and must be returned to us if you cease to receive the IntelligentHome Service for any reason.
- You May Not Move Our Equipment. The Time Warner Cable Equipment is linked to the service address on your Work Order and Consent to Subscriber Agreement. You agree to notify us immediately of any changes of ownership or occupancy of the Premises. You may not use the Time Warner Cable Equipment with another security services provider or move it to another location. If you do, the Equipment may not operate properly or emergency responders may not be able to find the premises where it is then located.
- Use of Equipment. You will use the Equipment as selected by you and installed by us, and in a manner that is consistent with the instructions and other materials that we provide to you (including with respect to periodic testing of the Equipment). If you relocate the Equipment within your home after installation, obstruct the Equipment, fail to properly maintain the Equipment, or otherwise hinder the proper operation of the Equipment, it may not operate properly. This means that the Equipment may not trigger an alarm, our monitoring office may not receive an alarm signal or, if we do receive an alarm signal, the information that our monitoring office provides to emergency responders concerning the alarm may not be accurate.
- Licenses and Permits. If the law in your area requires that you hold a license or permit for the installation, use or monitoring of the IntelligentHome Service, you agree to maintain such a license or permit at your own expense and provide us with your license or permit number if we request it.
- Special Fire Alarm System Provisions. If your IntelligentHome Services include a supplemental fire alarm system, you confirm that your premises are already equipped with a primary fire alarm system that complies with National Fire Protection Association (NFPA) standards and any applicable state or local requirements in your area. The supplemental fire alarm system available to you as an IntelligentHome Service customer is not compliant with such standards and is not intended to substitute for or replace an NFPA-compliant system or any other fire alarm system required in order to satisfy applicable state or local requirements.
- We Test only Our Own Systems. TWC will not test or inspect any fire alarm system other than a supplemental fire alarm system that we install. You are responsible for determining whether your non-TWC fire alarm system complies with applicable building code and fire protection requirements in your area, and for ensuring that any such system is working properly.
- You Decide What Services and/or Equipment You Need. You are responsible for determining the IntelligentHome Service and types and locations of Equipment that best meet your needs. You are not relying on our skill or judgment in making this determination and we cannot accept any responsibility for your choices.
- You are Responsible for Testing the Equipment. You are responsible for testing the Equipment and checking the event history on your account on a weekly basis, as well as immediately following any storm, power outage, transmission system outage, or any change to any transmission system, in order to verify the continued functionality of the Equipment and your understanding of its operation. You will notify us of any problems with the IntelligentHome Service and Equipment immediately and shall be responsible for any damages arising from your failure to do so.
- Check your Batteries. Certain of the Customer Owned Equipment may be battery powered, including cameras, motion detectors, smoke detectors, door and window contact transmitters, and other detection sensors. THESE BATTERY-POWERED DEVICES WILL NOT OPERATE AND AN ALARM MAY NOT BE TRIGGERED OR RELAYED TO OUR MONITORING CENTER IF THE BATTERIES ARE LOW OR FULLY DEPLETED. Unless you separately obtain maintenance service from us, you are responsible for maintaining and replacing the batteries in these battery powered devices and you should regularly inspect such devices for dirt and dust buildup and test them weekly to help maintain continued operation.
- We May Use Refurbished Equipment. The Time Warner Cable Equipment furnished to you may be new or, at TWC’s discretion, “like new” (in other words, previously used but refurbished per TWC’s standards). TWC may (but is not obligated to) provide replacement equipment for faulty Customer Owned Equipment, in which case such replacement equipment likewise may be new or, at TWC’s discretion, “like new.”
- Cameras/Video. At your request, The IntelligentHome Service may include one or more video cameras, which TWC will install at your premises. You confirm that you have requested any such video camera(s) for the safety and security of the residents, invitees, and other persons on your premises, and not for any other reason. We installed these camera(s) in places where you indicated they were not intended to capture images from ourside your home or property (such as a neighbor's yard) or in areas where people have a reasonable expectation of privacy (such as bathrooms). You must ensure that there is sufficient light and accessible power for the camera to operate properly.
- We May Store Your Video Content. TWC may (but is not obligated to) store video content from your premises on computer servers in connections with the IntelligentHome Service for so long as TWC determines appropriate in its sole discretion. We may disclose such video content to third parties without further notice to you in connection with any law enforcement investigation or proceeding, any dispute to which TWC or its affiliates is a part, or pursuant to a court order or Subpoena.
- You are Responsible for the Content of Your Videos. You are solely responsible for the content of any video captured by cameras that we provide to you, and for any consequences of such content being posted or published online or otherwise distributed. You may not post or otherwise share video content caputred by cameras that we provide to you if such content is copyrighted, protected by trade secet or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner TWC reserves the right to remove and delete any video content, without notice to you, if it learns that such content infringes or may infringe on the intellectual property rights of an individual, company (regardless of how or where organized) or other third party (including unincorporated association, government entity or other entity).
6. If You Have Service Problems, You May Be Entitled to a Credit
- Service Issues. We will attempt to correct service issues caused by the Time Warner Cable Equipment or Software but we are not required to install, service or replace other equipment (including Customer Owned Equipment) or software. Depending on the circumstances, we may charge you for service calls. For more information, please contact your local TWC office.
- Service Credits are Limited. TWC has no liability for service interruptions except that, if you lose your IntelligentHome Service for more than 24 consecutive hours and the cause of the outage was within our reasonable control, we will provide you a credit for that period if you request one. All credit requests must be made within 30 days of your next bill following the outage or service issue.
- Problems Beyond our Reasonable Control. We have no responsibility for service problems that are beyond our reasonable control. Examples of problems beyond our reasonable control include those caused by storms and other natural disasters, relocation of Equipment, vandalism, terrorism, regulations or governmental acts, fires, civil disturbances, electrical power outages, computer viruses or strikes.
7. We Are Not An Insurer, We Expressly Disclaim Warranties and Our Liability is Limited Even In The Event of Our Own Negligence
- Power or Cable Outages May Interrupt the Service. We operate the IntelligentHome Service, which is electrically powered, over our broadband network. If, for any reason, the Equipment or any portion of our cable system is unable to carry broadband communications (for example, due to power loss or equipment problems) or if your home or area experiences power loss or equipment problems, the IntelligentHome Service may not work correctly or may not work at all.
- Back-ups May Not Work. The IntelligentHome Service may include a battery and/or a wireless back-up designed to enable communication with our central monitoring office during some types of outages. However, these back-ups may not work correctly, or may not work at all. The availability of a wireless backup depends on the availability and quality of wireless coverage in your area and the status of our arrangements with any wireless providers that may provide such coverage.
- Planned Interruptions. We will conduct cable system maintenance from time to time that may interrupt the IntelligentHome Service.
- Limited Equipment Warranty from Manufacturer. If you have problems with Customer Owned Equipment, you may be entitled to a warranty provided by the original manufacturer. For so long as you continue to receive the IntelligentHome Service, we will administer the original manufacturer’s warranty as the manufacturer’s designated representative. Termination of your IntelligentHome Service does not affect the original manufacturer’s warranty, only our administration of it. A copy of the original manufacturer’s warranty for customer owned equipment is available for inspection before sale at our website or upon your written request.
- No Equipment Warranty from TWC. Other than the administration of any limited warranty provided by the original manufacturer, we provide Customer-Owned Equipment to you on an “as is” basis without any warranties of any kind, including so-called “implied” warranties (such as warranties of merchantability or fitness for a particular purpose).
- NO WARRANTY ON SERVICES. OUR SERVICES, EQUIPMENT AND SOFTWARE ARE NOT GUARANTEED TO WORK OR TO BE ERROR FREE AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. THIS INCLUDES SO-CALLED “IMPLIED WARRANTIES” (SUCH AS THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). AMONG OTHER THINGS, WE DO NOT WARRANT THAT THE INTELLIGENTHOME SERVICES, THE EQUIPMENT OR THE SOFTWARE WILL PREVENT OR PROTECT AGAINST FIRE OR INTRUSION OR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY UNDER ANY CIRCUMSTANCES. IF THE LAW WHERE YOU LIVE SAYS WE CAN NOT EXCLUDE CERTAIN WARRANTIES, THEN THOSE WARRANTIES ARE NOT EXCLUDED.
- WHEN YOU PURCHASE INTELLIGENTHOME SERVICES OR EQUIPMENT FROM US, YOU ARE NOT PURCHASING INSURANCE. NEITHER WE NOR OUR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS IS AN INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR ON YOUR PREMISES REGARDLESS OF THE CAUSE, WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, PHYSICAL HARM TO ANY PERSON, ENTRY ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS ON THE PREMISES OR OTHERWISE. YOU ASSUME ALL RISKS FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY UNDER ANY CIRCUMSTANCES. YOU UNDERSTAND THAT THE INTELLIGENTHOME SERVICES ARE INTENDED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS. THEREFORE, YOU AGREE TO INSURE AGAINST SUCH RISKS BY PURCHASING ADEQUATE INSURANCE FROM A QUALIFIED INSURANCE COMPANY.
It is extremely difficult to calculate the actual damages, if any, which might result from our alleged failure to properly perform the IntelligentHome Services. For example, we do not know (a) the value of your premises or possessions, (b) who lives with you or may visit you, (c) how long it might take emergency responders to reach your premises or (d) what portion of any injury or loss you suffer might be caused by any failure on our part to properly perform the IntelligentHome Services.
As a result, the payments you make under this agreement are not related to the value of your premises or possessions, or the people occupying or visiting your premises. The amount we charge you is based on the cost of providing you the equipment and the IntelligentHome Services, and specifically take into account the protections and limiting conditions afforded to TWC under the Addendum. TWC would have to charge far more for the IntelligentHome service if we accepted greater liability than is set out in the Addendum. TWC may (but is not required to) consider accepting greater liability for an additional charge through a separate written document signed by you and us. However, under no circumstance would TWC’s agreement to increase its limit of liability be interpreted to hold it or its employees, agents, licensors or suppliers as insurers.
- OUR LIABILITY LIMITS. EXCEPT FOR THE SERVICE INTERRUPTION CREDITS DESCRIBED IN SECTION 6 OF THIS AGREEMENT, NEITHER WE NOR OUR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OF ANY KIND BASED DIRECTLY OR INDIRECTLY ON YOUR RELATIONSHIP WITH US OR OUR PROVISION OF THE SERVICES, WHETHER BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE OR PRODUCT LIABILITY CLAIM), VIOLATION OF LAW OR REGULATION OR ANY OTHER LEGAL THEORY. FOR EXAMPLE, WE ARE NOT LIABLE TO YOU FOR LOSSES OR DAMAGES THAT RESULT FROM YOUR USE, FAILURE TO USE OR INABILITY TO UNDERSTAND OR USE THE SERVICE, OR FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM INSTALLATION, USE, MODIFICATION, REPAIR OR REMOVAL OF CUSTOMER USE EQUIPMENT OR TIME WARNER CABLE EQUIPMENT.
- YOUR MAXIMUM RECOVERY. IF TWC OR ANY OF ITS EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS ARE FOUND TO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE DUE TO NEGLIGENCE OR THE FAILURE TO PROPERLY PERFORM UNDER THE ADDENDUM (WHETHER BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, NEGLIGENCE OR PRODUCT LIABILITY OR ANY OTHER TORT THEORY), VIOLATION OF LAW OR REGULATION OR ANY OTHER LEGAL THEORY), INCLUDING IN RECOMMENDING, SUPPLYING, INSTALLING, MONITORING, OR REPAIRING THE EQUIPMENT, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $1,000. THIS AMOUNT IS THE AGREED UPON DAMAGES, IS NOT A PENALTY AND IS YOUR EXCLUSIVE REMEDY FOR ANY SUCH LOSS OR DAMAGE.
- LIMITS APPLY REGARDLESS OF NATURE OF DAMAGES. THE LIMITS ON LIABILITY DESCRIBED ABOVE APPLY TO ANY DAMAGES OR LOSSES YOU (OR ANY PERSON PURPORTING TO CLAIM THROUGH YOU) MAY SUFFER, INCLUDING LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PREMISES; GOVERNMENTAL FINES AND CHARGES; AND CLAIMS OF THIRD PARTIES, REGARDLESS OF WHETHER SUCH DAMAGES OR LOSSES ARE DESCRIBED AS DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (DAMAGES THAT RESULT FROM AN ACT, BUT DO NOT DIRECTLY RELATE TO THE ACT), PUNITIVE (DAMAGES USED TO MAKE AN EXAMPLE OF OR PUNISH SOMEONE) OR ATTORNEYS’ FEES OR OTHER COSTS.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state.
- Payments from Insurance Companies. If you recover any losses or damages from an insurance company in connection with any claim that relates to our provision of the IntelligentHome Service, the Equipment or the Software, you release TWC from any obligation to pay you any such amounts and for all insurance deductibles relating to the policy giving rise to such recovery.
8. Limit on the Time to Sue, Arbitration of Certain Claims, Jury Trial Waiver, Entire Agreement
- YOU HAVE ONE YEAR TO BRING A CLAIM AGAINST US. You must bring any claim arising out of the Customer Agreements (including the Addendum) within one year after the date on which the claim arose or, if the law in your area provides that you must have a longer period of time in which to bring a claim, within such period. If you do not bring your claim within this time, then you waive (in other words, give up), to the fullest extent permitted by law, all rights you may have with respect to such claim and we will have no liability to you with respect to that claim. You may be able to opt out of this time limit. See Section 14 of the Residential Services Subscriber Agreement.
REGARDLESS OF WHEN YOU BRING YOUR CLAIM, ALL CLAIMS ARE SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH ABOVE.
- You Are Agreeing to Arbitrate Most Disputes with Us. Under Section 15 of the Residential Services Subscriber Agreement, each of us agrees to submit certain Disputes to the American Arbitration Association for resolution under its Commercial Arbitration Rules. You may be eligible to opt out of this arbitration provision. See Section 15 of the Residential Services Subscriber Agreement for details
- Exception for Claims over $25,000. Any Dispute relating to a claim in excess of $25,000, or to a personal injury or death, in each case that arises out of or relates to our having provided the IntelligentHome Service, the Software or the Equipment to you, must be brought in a court of law having appropriate jurisdiction and may not be submitted to arbitration.
- No Jury Trials. Any Dispute properly brought in a court of law in connection with our Customer Agreements (including the Addendum) will be heard and decided by a judge, not a jury. Each of us waives (in other words, gives up) the right to a jury trial in any such Dispute.
- “Addendum” means this agreement, as amended from time to time, together with your Work Order and Consent to Subscriber Agreement.
- “Customer Owned Equipment” means the door and motion sensors, and other detectors and related equipment that you selected and purchased from us for use at your premises in connection with the IntelligentHome Service.
- "Equipment" means IntelligentHome Equipment and other equipment selected by you and installed or used in connection with the IntelligentHome Service. Equipment does not include wiring on your premises.
- “including" or "include" means inclusion without limitation.
- “IntelligentHome Equipment” means the Time Warner Cable Equipment and the Customer Owned Equipment.
- “Software” refers to the software we provide to you in connection with the IntelligentHome Services. This also includes any executable code we provide for use on our Equipment.
- "Time Warner Cable Equipment” means the main control panel and the cable modem that we provide to you in connection with the IntelligentHome Service. This equipment must be returned to us if your IntelligentHome Service is terminated.
- "Work Order and Consent to Subscriber Agreement" means the TWC work or service order that identifies the IntelligentHome Service(s) and Equipment you receive. You were provided this service order and consent when we initiated or last serviced your account but if you require a copy, please contact your local TWC office.
10. Conflicts with our other Customer Agreements
- You are Subject to all TWC Customer Agreements. The Addendum forms part of your Time Warner Cable Residential Services Subscriber Agreement. As a result, the other Customer Agreements referred to in the Residential Services Subscriber Agreement also apply to the IntelligentHome Service.
- The Addendum Controls for IntelligentHome Service Terms. In the event of a direct conflict between the terms of the Addendum and the terms of the Residential Services Subscriber Agreement and/or our other Customer Agreements, the terms of the Addendum shall control but only with respect to the IntelligentHome Service.
- Work Order Conflicts. In the event of a direct conflict between the terms of this agreement and the terms of the Work Order and Consent to Subscriber Agreement, the terms of this agreement will control.
11. License Information
(a) TWC Security Inc. d/b/a Time Warner Cable License Information: Alarm company operators are licensed and regulated by the Dept. of Consumer Affairs, Bureau of Security & Investigative Services, Sacramento, CA 95814, CA ACO7062; FL EF20000977; NJ 34BF00045600; NY12000302365, Licensed by NYS Dept. of State; NC Alarm Systems Licensing Bd., 1631 Midtown Pl., Ste.104, Raleigh, 27609, (919) 875-3611; 583-CSA and 1261-CSA; OH 53-25-1616; SC BAC13456, FAC13411; TX B17430, Texas Private Security Bureau, 5805 N. Lamar Blvd., Austin, Texas 78752; Time Warner Entertainment Company, L.P. HI CT-18287.
(b) California Customers Only: Upon completion of the installation of the alarm system, the alarm company shall thoroughly instruct the purchaser in the proper use of the alarm system. Failure by the licensee, without legal excuse, to substantially commence work within 20 days from the approximate date specified in the agreement when the work will begin is a violation of the Alarm Company Act. Time Warner Cable certifies and you acknowledge that all costs attributable to making the fire alarm system operable for your residence, including sale and installation costs, do not exceed five hundred dollars ($500).
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