October 1, 2014
INCLUDES TERMS THAT REQUIRE MANDATORY ARBITRATION OF DISPUTES AND IMPOSES EARLY TERMINATION FEES
1. PRICE LOCK AGREEMENT, SERVICES AND RATES
1.1 Price Lock Services; Bill Designation. This Price Lock Guarantee Agreement (this "Agreement" or "PLG Agreement") sets forth the terms and conditions covering the Cox TV, Phone and/or Internet services you ordered and/or subscribed to in response to a Cox Price Lock Offer ("PLG Offer") and confirms any previous acknowledgment and agreement, if any, by you to be bound by these terms and conditions.
The specific PLG Services included in your account and covered by this Agreement (the "PLG Services") are determined by the order you placed (the "PLG Order") in response to a Cox Price Lock Guarantee Offer ("PLG Offer") and such services will be designated by a special legend on your Cox billing statement. Only the services designated as PLG services on your billing statement will be covered by this Agreement and you agree to review the first billing statement you receive after placing your PLG Order carefully and to bring any discrepancies to Cox's attention within the first thirty (30) days of the Term of this Agreement or seven (7) days after receipt of your first bill statement denoting the PLG Services, whichever is later, by calling your local Cox office. If you do not timely object to the designation of your PLG services on your first billing statement, you agree that such designation is accurate. As used in this Agreement, the words "Cox," "we," "our" and "us" refer to CoxCom, LLC and each of its parents, subsidiaries, and affiliate(s) that provide you with PLG Services.
1.2 Price Lock Rates; Acceptance of Agreement. Except as otherwise provided in this Agreement, during the PLG Term, Cox will not charge you more than Cox's published regular month-to-month, nonpromotional rates in effect for your local franchise service area as of the first day of the PLG Term (the "PLG Rate(s)") for the PLG Services designated on your monthly Cox billing statement.
To receive the price protection benefits described in this Section 1.2, you MUST accept this Agreement by doing one of the following within 30 days of the PLG Order Date: (1) orally confirming to Cox or its agent acting on Cox's behalf your acceptance of a PLG Offer and this Agreement; (2) activating any PLG Service(s) through a method provided by Cox; (3) using or paying for any PLG Service(s); or (4) signing this Agreement electronically or physically in accordance with the instructions provided by Cox. If you do not accept this Agreement within this 30-day period, you will NOT receive the price lock benefits of the PLG Offer and you will be responsible for paying Cox's regular month-to-month, non-promotional rates for all services you receive, including any rate increases on those services.
UNLESS YOU TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS OF SECTIONS 3.2 OR 3.3 BELOW, OR PAY AN EARLY TERMINATION FEE AS SPECIFIED IN SECTION 3.1 BELOW, YOU AGREE TO MAINTAIN AND PAY FOR YOUR SUBSCRIPTION TO ALL OF THE PLG SERVICES UNTIL THE EXPIRATION OF THE PLG TERM.
1.3 Services and Fees Not covered under Price Lock. The price protection provided by this Agreement does not apply to the following fees and charges, which may increase or decrease during the PLG Term: (i) one-time charges, including but not limited to installation and activation fees, (ii) usage-based, pay-per-use and pay-per-view and overage charges, (iii) applicable federal, state, and local taxes, franchise fees and other fees/surcharges, (iv) other surcharges and fees, including without limitation regulatory cost recovery fees, (v) fees and charges for other Cox services you receive that are not included in the PLG Offer, and/or (vi) any other fee or charge that is not expressly within the scope of the PLG Services.
1.4 Special Short-Term Monthly Discount Offers. If you qualified for and received a short-term promotional discount off of any PLG Rate in connection with your PLG Order ("Promotional Discount"), your rates will revert to the PLG Rate(s) specified in Section 1.2 after the stated Promotional Discount period ends for the remainder of the PLG Term, unless this PLG Agreement is earlier terminated as provided herein.
1.5 Special Rebate and Incentives Offers. If you responded to a PLG Offer that included a special rebate or incentive, in addition to accepting this Agreement within the time and in the manner specified in Section 1.2 above, you must also maintain the PLG Services at the service address of record for your account as of the PLG Order Date for at least the first thirty (30) days of the PLG Term to qualify for the advertised rebate or incentive. You must also satisfy all stated eligibility requirements and follow all stated instructions for claiming a rebate or incentive and if applicable, complete and return any related rebate forms or fulfillment requests within the designated time period. If your rebate form or fulfillment submission is late, misdirected, incomplete, incorrect, illegible or obtained or submitted through improper channels, you will not be entitled to the advertised rebate or incentive. Please allow ten (10) to twelve (12) weeks after Cox receives your qualifying submission to receive your rebate payment or incentive, unless otherwise stated in the rebate or incentive offer. Except as required by law, rebate checks not deposited or properly negotiated within one hundred eighty (180) days after issuance will be non-negotiable, forfeited and invalid. Prepaid reward cards are subject to the terms and conditions of the issuing bank and expire on the date shown on the card. Cox will not replace or reissue any check, prepaid reward card or other incentive if it is lost, stolen, or damaged, or if it becomes non-negotiable, invalid, or forfeited. Incentives will only be issued in the name of the Primary Account Holder. Unless otherwise prohibited by applicable law, all rebate and incentive offers are limited to one (1) per Cox account and per household. Cox reserves the right to substitute any advertised incentive with an incentive of equal or greater retail value. Incentives may not be exchanged or returned for cash or credit.
This Agreement is for a term of twenty-four (24) months beginning on the earlier of the date that you (i) orally confirmed to Cox or its agent acting on Cox's behalf your acceptance of a PLG Offer and this Agreement, or (ii) electronically or physically signed the PLG Agreement (the "PLG Order Date"). This 24 -month period is referred to in this Agreement as the "PLG Term."
3. EARLY TERMINATION FEE; TERMINATION.
3.1 EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU AGREE TO PAY THE APPLICABLE EARLY TERMINATION FEE LISTED IN THE TABLE BELOW ("ETF") IN THE EVENT THAT ANY ONE OR ALL OF THE FOLLOWING PLG SERVICES YOU SUBSCRIBE TO ("CORE PLG SERVICES") ARE DISCONNECTED FOR ANY REASON BEFORE THE EXPIRATION OF THE PLG TERM:
(i) Cox High Speed Internet, or
(ii) Cox Starter TV (Basic), or
(iii) Cox Digital Telephone basic local exchange service.
YOU MAY UPGRADE OR DOWNGRADE SERVICE WITHIN A CORE PLG SERVICE CATEGORY (E.G. FROM ONE TIER OF INTERNET TO ANOTHER, FROM ONE PACKAGE OF TV TO ANOTHER) WITHOUT INCURRING AN ETF. HOWEVER, THE PLG RATE(S) FOR THE NEW TIER/PACKAGE OF CORE PLG SERVICE(S) WILL BE COX'S PUBLISHED REGULAR MONTH-TO-MONTH, NON-PROMOTIONAL RATE(S) FOR SUCH SERVICE(S) IN EFFECT AS OF THE DATE THAT YOU INSTRUCTED COX TO CHANGE YOUR CORE PLG SERVICES AND YOU AGREE TO PAY SUCH ADJUSTED PLG RATES FOR THE REMAINDER OF THE PLG TERM.
YOU MAY TERMINATE THIS PLG AGREEMENT BY (I) CALLING COX CUSTOMER CARE AT THE NUMBER LOCATED ON YOUR BILL, OR (II) DISCONNECTING OR DOWNGRADING ANY OF YOUR PLG SERVICES AT ANY TIME DURING THE PLG TERM SUBJECT TO PAYMENT OF THE APPLICABLE ETF AND ALL OTHER ACCRUED CHARGES. FOR CLARITY, YOU ACKNOWLEDGE AND AGREE THAT IF COX DISCONNECTS ANY OR ALL OF YOUR CORE PLG SERVICES DUE TO NONPAYMENT OF ANY CHARGES DUE COX, YOU WILL BE DEEMED TO HAVE TERMINATED THIS PLG AGREEMENT AND WILL BE CHARGED THE ETF.
The ETF will be reduced by the amount listed below for each complete month during the PLG Term that you maintain and timely pay for all of the PLG Services and other services you receive from Cox.
PLG with monthly discount
3.2 30-Day Termination Period. You may terminate this Agreement and/or disconnect or downgrade any or all of the PLG Service(s) for any reason without incurring an ETF during the first thirty (30) days of the PLG Term by contacting Cox Customer Care at the contact phone number on your bill statement and notifying Cox of your decision to terminate. You will be responsible for paying for the PLG Services you received and all other charges and fees that you incurred prior to exercising your rights under this subsection.
3.3 Special Circumstances/ETF Waiver. You will not be responsible for paying an ETF if you terminate this PLG Agreement within thirty (30) days of our written notice to you of a material adverse change to this PLG Agreement or Other Service Agreement(s), as defined in Section 6 below, applicable to your PLG Service(s), or if you disconnect or downgrade any of the PLG Service(s) at any time during the PLG Term for one of the following reasons: (i) you upgrade your PLG Services to a new qualifying PLG Offer (as determined by Cox), (ii) you are a member of the United States Armed Services and have received military orders to relocate outside of the local Cox service area that supports this Agreement for a period of not less than 90 days, or (iii) you move to another location within the local Cox service area that supports this Agreement and you maintain the PLG Services at your new residence for the remainder of the PLG Term.
3.4 Customer-Initiated Service Changes. If you downgrade or cancel any of your PLG Services during the PLG term but choose to retain other PLG Services, Cox will have the option, but not the obligation, to forego the collection of an ETF and allow you to receive your remaining PLG Services under the terms of this Agreement for the remainder of the PLG Term. If Cox exercises this option, however, the PLG Rates for your remaining PLG Services will be adjusted to reflect Cox's published regular month-to-month, non-promotional rates for such services in effect as of the date that you instructed Cox to disconnect or change your services and you agree to pay such adjusted PLG Rates for the remainder of the PLG Term.
3.5 Cox-Initiated Service Changes. You acknowledge and agree that Cox may, in its sole discretion, add, delete or modify any aspect, feature, component or requirement of the PLG Services, other than the price you are charged, at any time during the PLG Term. You acknowledge and agree that such changes will not violate this Agreement, constitute adverse material changes, or affect your ETF, payment or other contractual obligations to Cox. For example, at any time, Cox may delete any programming services from its lineup or move any programming services currently included in the PLG Services to another tier or level of service that is not included in the PLG Services. Under these circumstances, you would no longer receive such programming services and would not be entitled to any credit or fee reduction.
3.6 State Utilities Commissions. Inclusion of an ETF by Cox in a state telephone tariff, filing, or other telephone contract, including but not limited to this Agreement, a Service Guide or Letter of Confirmation, does not constitute a determination by your state public utilities commission that such a fee is approved or sanctioned by such commission, unless expressly stated by such commission. You are free to pursue whatever legal remedies you may have should a dispute arise, subject to the arbitration provisions set forth in Section 5 below.
4. USE OF PLG SERVICES AFTER EXPIRATION OF PLG TERM/CHANGES TO PLG AGREEMENT.
4.1 Price After Expiration or Termination. Except as otherwise provided in this Agreement, upon the termination or expiration of this PLG Agreement or your decision to disconnect or downgrade any PLG Services during the PLG Term, (i) you will be charged Cox's then-current regular month-to-month, non-promotional rates for any PLG Services that you continue to receive, (ii) your continued use of any PLG Services will remain subject to any applicable Other Service Agreement(s), and (iii) you must return to Cox any equipment that is used with PLG Services you no longer receive, as further described in the applicable Other Service Agreement(s). Cox's then-current pricing information can be found at www.cox.com or can be obtained from your local Cox office.
4.2 Notices of Changes. Cox will provide you with written notice of any changes that we determine are material to this Agreement or to any Other Service Agreements applicable to your PLG Services, including all notices required by applicable law or tariff. We may provide you with such written notice by sending it to your last known billing address, by including the notice in your bill statement, or by sending you an email message to any email address you provided to Cox. All such changes will become effective as of the date specified on the written notice. The updated version of this PLG Agreement and/or the Other Service Agreements will supersede any prior versions of the same agreements. If the changes have a material adverse effect on you, you can terminate the affected PLG Service(s) without paying an early termination fee by notifying Cox within thirty (30) days after we send notice of the applicable change. You agree that your sole recourse if you do not accept any such material adverse change is to terminate this Agreement within thirty (30) days of our notice to you. Your continued use of the PLG Service(s) after such thirty (30) day period will constitute your acceptance of this Agreement as modified.
5. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER.
YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER) WITHIN 30 DAYS OF RECEIPT OF THIS AGREEMENT, IF YOU FOLLOW THE PROCEDURES SET FORTH IN SECTION 5.2 BELOW.
OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH COX THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.
5.1 YOU AND COX AGREE TO ARBITRATE — RATHER THAN LITIGATE IN COURT — any and all claims or disputes between us (including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of Cox) that arise out of or in any way relate to this Agreement or any Services or products that Cox provides to you in connection with this Agreement (including but not limited to amounts that Cox charges you for Services or products provided). You and Cox also agree to arbitrate any and all claims or disputes that arise out of or relate in any way to any services or products provided to you by Cox or any of its affiliated entities under any other agreement. Notwithstanding this agreement to arbitrate, you and Cox may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court's jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency authorized by law to hear the claims.
5.2 Opt Out: You may opt out of this dispute resolution provision (except for the jury trial waiver contained in Section 5.7 below) by notifying Cox of that intent within 30 days of receipt of this Agreement by sending a letter stating that you are opting out of this dispute resolution provision to Cox at ArbitrationOptOut@cox.com or via U.S. mail to Cox Legal Department, Attn: Litigation Counsel, 6205-B Peachtree Dunwoody Road, Atlanta, GA 30328. Exercising this right, should you choose to do so, will not affect any of the terms of your contract with Cox, and you may remain a Cox customer. If you opt out of the dispute resolution provision, that opt out will remain in effect if Cox modifies this section in the future or you agree to a new term of service under this Agreement. If you enter into a new agreement with Cox that includes a dispute resolution provision and you want to opt out of that provision, you will need to follow the instructions in that agreement for opting out.
5.3 Class Action Waiver: You and Cox agree that all claims or disputes between you and Cox will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or Cox brings a claim in small claims court, the class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor Cox may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or Cox. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this Section 5 will not apply to any claim or dispute between you and Cox, except for the provisions of Section 5.7 waiving the right to jury trial. This class action waiver may not be severed from our arbitration agreement.
5.4 Arbitrator Authority: The arbitration between you and Cox will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by the terms of this Agreement. You and Cox agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys' fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with Cox. Review of arbitration decisions in the courts is very limited.
5.5 Informal Dispute Resolution: You and Cox agree that you will try to resolve disputes informally before resorting to arbitration. If the dispute cannot be resolved by telephone, you agree to notify Cox of the dispute by sending a written description of your claim to Cox Customer Care, ATTN: Corporate Escalation Team,6205-B Peachtree Dunwoody Road, Atlanta, GA 30328 so that Cox can attempt to resolve it with you. If Cox does not satisfactorily resolve your claim within 30 calendar days of receiving notice of it, then you may pursue the claim in arbitration. Neither you nor Cox may initiate arbitration without first providing the other notice of the claim and following the informal dispute resolution procedure provided in this paragraph.
5.6 Arbitration Procedures: You and Cox agree that this Agreement affects interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association ("AAA"). The AAA's rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA's rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to Cox at ArbitrationOptOut@cox.com or via U.S. mail to Cox Legal Department, Attn: Litigation Counsel, 6205-B Peachtree Dunwoody Road, Atlanta, GA 30328. You must also comply with the AAA's rules regarding initiation of arbitration. Cox will pay all filing fees and costs for commencement of arbitration, but you will be responsible for your own attorneys' fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this agreement or applicable law. Cox will not seek to recover its fees and costs from you in the arbitration, even if allowed under the law, unless your claim has been determined to be frivolous. If you are successful in the arbitration, Cox will pay your reasonable attorney's fees and costs. If you obtain an award from the arbitrator greater than Cox's last written settlement offer, Cox will pay you $5,000 in addition to what you have been awarded in the arbitration. The arbitration will be held in a mutually convenient location.
5.7 Jury Trial Waiver: If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and Cox expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide disputes between you and Cox if, for any reason, the arbitration agreement is not enforced.
5.8 Survival: This dispute resolution provision survives the termination of your contract with Cox. If you bring a claim against Cox after termination of your contract that is based in whole or in part on events or omissions that occurred while you were a Cox customer, this dispute resolution provision shall apply.
6. OTHER SERVICE AGREEMENTS.
7.1 Non-Waiver. Cox's failure at any time to insist upon strict compliance with any of the provisions of this Agreement will not constitute a waiver of such terms in the future. Other than as expressly provided herein, if any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions will remain enforceable and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
7.2 Non-Assignability. You cannot assign this Agreement or any of your rights and duties under it. Cox may assign all or part of this Agreement or your debts to Cox under this Agreement without notice, and you agree to make all subsequent payments as instructed.
7.3 Governing Law. This Agreement will be governed by the laws of the state in which your PLG Services are provided without regard to such state's choice of laws principles.
7.4 Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and shall be replaced by a valid and enforceable provision which so far as possible achieves the same objectives as the severed provision was intended to achieve, and the remaining provisions of this Agreement shall continue in full force and effect.
7.5 Entire Agreement; Survival. This Agreement, together with the Other Service Agreements, constitutes the entire agreement between you and Cox with respect to the subject matter hereof and supersedes any and all prior or contemporaneous agreements whether written or oral. Any attempted changes by you to any term of this Agreement or any additional or different terms contained on any instruments of payment, notices, or other communications or documents whether written, electronic, or oral are void. Sections 3.1, 4, and 5 (inclusive of all subsections) shall survive the expiration or termination of this Agreement.
7.6 Customer Service Representatives Available. If you believe that any aspect of this Agreement is contrary to your understanding of your agreement with Cox, please contact Cox Customer Care at the telephone number or address set forth in your Cox bill statement.
7.7 Your Authority to Execute This Agreement. By entering this PLG Agreement, you certify that you are at least 18 years of age and that you are either the Primary Account Holder for the service address listed above or have been authorized by the Primary Account Holder to make changes to this account and to enter into this Agreement on his or her behalf. If you are not the Primary Account Holder, you further agree that you will be jointly and severally liable with the Primary Account Holder for all payment and other obligations owed to Cox under this Agreement and the Other Service Agreements. You agree that Cox is entitled to assume that all of the information you have provided to us is accurate.
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