1. About the LMD Services Terms of Service and LMD Services
Within these LMD Services Terms of Service (“Terms“) the term “Comcast” or “we” will refer to Comcast Cable Communications Management, LLC, and its respective subsidiaries and affiliates that own and operate LMD Services (as defined below) on its behalf. The term “you” refers to you as a user of Comcast’s websites or Internet services described below.
Note: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 21 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO ALL SERVICE(S).
These Terms set forth the terms and conditions through which Comcast will permit you to use the Local Media Development sites as well as Comcast-owned and operated websites and services based on the Project Open Voice (“POV”) or EveryBlock platform (the “LMD Services“). A list of such websites can we found at http://comcastlmd.com.
What is outside the scope of these Terms?
These Terms do not apply to your use of any other products or services provided by Comcast, such as XFINITY-branded products or services. If you subscribe to or use one or more residential XFINITY cable services, you can see the terms that apply to the these services by visiting http://www.comcast.com/Corporate/Customers/Policies/Policies.html.
Some of the LMD Services contain links to other websites, including websites of third parties who are acting on our behalf as our agents, suppliers, or providers. These other websites are not operated by Comcast and have their own terms of service that we encourage you to read before you use them. Other sites that we link to may contain Comcast branding, but these non-Comcast websites and resources are provided by companies or persons other than Comcast. Examples of these non-Comcast websites include websites where you are required to log-in using a username and password other than your username and password for the LMD Services.
2. Accepting These Terms
In order for you to use any of the LMD Services, you must first agree to abide by the Terms. You can accept these Terms by:
1. Checking the box next to “I have read and agree to the Terms of Service” (or similar language); or
2. Using any of the LMD Services, in which case you understand and agree that these Terms will apply to your use of those services (or any parts of them). Before you continue to use the LMD Services, you should print or save a local copy of the Terms for your records.
In order to use the LMD Services you may be required to provide information about yourself (such as identification or contact details) as part of the registration process. You agree that any registration information you give to Comcast will be accurate, correct, and current.
4. Prohibited Uses
You specifically agree not to:
use the LMD Services to undertake or accomplish any unlawful purpose, including but not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
post, store, send, transmit, or disseminate on the LMD Services any information or material which a reasonable person could deem to be unlawful;
upload, post, publish, transmit, reproduce, create derivative works of, or distribute on the LMD Services in any way information, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
post on the LMD Services unsolicited bulk or commercial messages commonly known as “spam;”
send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupt a blog, newsgroup, chat, or similar feature of the LMD Services;
initiate, perpetuate, or in any way participate in any pyramid or other illegal scheme through the LMD Services;
participate in the collection of very large numbers of e-mail addresses, screen names, or other identifiers of others (without their prior consent) from the LMD Services, a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
collect responses from unsolicited bulk messages posted on the LMD Services;
impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”) on the LMD Services;
restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the LMD Services (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
register under the name of, nor attempt to use the LMD Services under the name of, another person;
allow another person to access the LMD Services using your credentials;
access (or attempt to access) the LMD Services through any automated means (including use of scripts or web crawlers), except through APIs or other interfaces specifically provided for this purpose, or violate the instructions set out in any robots.txt or similar file present within the LMD Services;
engage in the systematic retrieval of data or other content from the LMD Services, except though APIs or other interfaces specifically provided for this purpose, to create or compile, directly or indirectly, a collection, compilation, database or directory, without Comcast’s prior written consent;
capture, rip, download, or otherwise create a copy of any content that is shown on the LMD Services without obtaining any required permission of the content owner; or
take any actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of, any ratings or reviews of any movie or other entertainment program, service or product that may be presented by the Comcast Service.
attempt to or actually circumvent any method used by Comcast to control access to the LMD Services, including, but not limited to, spoofing or otherwise impersonating an IP address for your computer that is not actually assigned to your computer or setting up a proxy or other device that allows others to access the LMD Services through it.
5. Your Passwords and Unauthorized Use of Your Account
You agree and understand that you are responsible for maintaining the confidentiality of the password(s) you use to access the LMD Services. Accordingly, you agree that you will be solely responsible to Comcast for all activities that occur under your LMD Services accounts, and will be responsible for any breach of these Terms caused by these activities. If you become aware of any unauthorized use of your password or of your account, you agree to notify Comcast immediately.
6. Privacy and Your Personal Information
7. Content on the LMD Services
The LMD Services may allow you to access information, such as collections of data, video, audio, or other multimedia, and photographs and other static images (the “Content“). This Content may be owned by Comcast, other companies that give Comcast the right to distribute their Content (like movie publishers), or users of the LMD Services (like you). Comcast grants you a limited license to view the Content and to use the LMD Services for personal, non-commercial purposes as set forth in these Terms or in a manner that does not require a license. Unless the Content was legally posted by you on the LMD Services or you use one of the variety of content sharing tools provided by the LMD Services, you may not distribute copies of the Content in any form (including by e-mail or other electronic means), without prior written permission from its owner except as permitted by law. Of course, you are free to encourage others to access the Content and to tell them how to find it, including using the sharing tools provided by the LMD Services.
In addition, our Content providers want to remind you that you must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. The copying, downloading, stream capturing, reproduction, duplication, archiving, distribution, uploading, publication, modification, translation, broadcast, performance, display, sale, or transmission of the Content is strictly prohibited unless it is expressly permitted by Comcast in writing or through tools provided by LMD Services. You may not incorporate the Content into any hardware or software application. This prohibition applies even if you intend to give away the derivative materials free of charge.
You understand that by using the LMD Services you may be exposed to Content that you may find offensive, indecent or objectionable. In this respect, you use the LMD Services at your own risk. If you would like to use them, there are commercially available services and software that can limit exposure to material that you may find objectionable. For those who are Xfinity Internet customers, Xfinity Internet includes security information and tools at http://security.comcast.net/.
8. User Submissions
Some of the material appearing on the LMD Services will be provided by users. Comcast does not claim ownership of any material that users submit or post on the LMD Services. You agree that you are solely responsible for (and that Comcast has no responsibility to you or to any third party for) any material that you create, transmit, or display while using the LMD Services, and for the consequences of your actions (including any loss or damage which Comcast may suffer) by doing so. Further, you agree that, with respect to any communication you submit to us for posting on the LMD Services, you will not: (i) include any content that violates a third party’s copyright or other proprietary or privacy rights; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising or solicitations; or (iv) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise clearly inappropriate.
If you post any content to the LMD Services, you hereby grant Comcast and its licensees a worldwide, royalty-free, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute the content, on or in connection with the LMD Services or the promotion of the LMD Services, and incorporate it in other works, in whole or in part, in any manner. You represent and warrant that you own the content or otherwise have sufficient rights in it to grant to Comcast the license set forth in this section without infringing or violating the rights of any third party. If you remove content that you have posted to the LMD Services or terminate your LMD Services account, this license will automatically expire, with a few limited exceptions. Comcast may retain, but will not actively use, copies of your data that were archived in the normal course of Comcast’s database backups. In addition, copies of content that you have shared with other users of the LMD Services may be retained by Comcast and associated with those other users’ accounts in order to provide them with the LMD Services. Comcast does not assert any ownership over content that you post to the LMD Services; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all content you post to the LMD Services and any intellectual property rights or other proprietary rights associated with the content.
The LMD Services may also contain links to community forums, bulletin boards, chat rooms, and blogs about the various LMD Services. Children under the age of 13 should not post in any of the forums, boards, chat rooms, blogs, other editorial sections of the LMD Services. Participants in these forums, bulletin boards, chat rooms, and blogs are solely responsible for all content that they post there. Comcast retains the right, but not the obligation, to correct any errors or omissions in any of this content, as it may determine in its sole discretion. Comcast further reserve the right to delete or remove any content from the forums or blogs without prior notice or liability. You agree that your participation in these forums, bulletin boards, chat rooms, and blogs will at all times conform with community guidelines available here: http://comcastlmd.com/community-guidelines/.
Comcast reserves the right, but does not assume any obligation, to review any user submission prior to its display on the LMD Services using automated tools or manual processes. Comcast may refuse to display or remove any user submission from the LMD Services for any reason in our sole discretion. However, we will typically only do so when we become aware that the material in question is harmful, clearly illegal, or likely to be considered highly offensive or objectionable to a large segment of our users.
Comcast welcomes your feedback about the LMD Services. Comcast asks that you limit your feedback to the LMD Services. Any communications you send to Comcast are deemed to be submitted on a non-confidential basis and become the sole property of Comcast. Comcast may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All of these uses by Comcast shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any of these communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of the communications and without liability to that person.
10. Proprietary Rights
You acknowledge and agree that Comcast (or Comcast’s licensors) own all legal right, title, and interest in and to the LMD Services, including any intellectual property rights which subsist in the LMD Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Unless you have agreed otherwise in writing with Comcast, nothing in the Terms gives you a right to use any of Comcast’s trade names, trade marks, service marks, logos, domain names (including the name of this web site), and other distinctive brand features except as permitted by law. If you have been given an explicit right to use any of these brand features in a separate written agreement with Comcast, then you agree that your use of these features shall be in compliance with that agreement, any applicable provisions of the Terms, and Comcast’s brand feature use guidelines as updated from time to time.
Unless you have been expressly authorized to do so in writing by Comcast, you agree that in using the LMD Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names or logos.
11. Linking to the LMD Services
Comcast welcomes links to the homepages of any of the LMD Services. You are free to establish a hypertext link to these homepages so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Comcast. Comcast does not permit framing or inline linking to the LMD Services or any portions of them.
12. License from Comcast
Comcast gives you a worldwide, non-assignable and non-exclusive license to use the LMD Services for your personal, non-commercial use on the terms and conditions described in these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the LMD Services as provided by Comcast, in the manner permitted by the Terms.
13. Discontinuing Use of the LMD Services and Termination of the Terms; Provisions That Remain in Effect after Termination
The Terms apply to all users of the LMD Services. Except as described below, depending on whether you are an unregistered user or a registered user, you can discontinue your use of the LMD Services so that these Terms no longer apply to you.
If you use any of the LMD Services (or parts of those services) that are accessible without registration, you may discontinue use of those services at any time. Doing so will terminate the Terms. If you breach any provision of these Terms or other applicable policies, or for any other reason, Comcast reserves the right to restrict, suspend, or terminate your use of the LMD Services and terminate the Terms. We may take these actions with or without notice to you. Because unregistered users are generally unknown to us, in most cases we will be unable to give notice of these actions.
If you use any of the LMD Services (or parts of those services) as a registered user, you may terminate your registered user account at any time. Doing so will delete your account and, because you can no longer use the service associated with that account, terminate the Terms with respect to that service. If you breach any provision of these Terms or other applicable policies, or for any other reason, Comcast reserves the right to restrict, suspend, or terminate your registered user account for any or all of the LMD Services and terminate the Terms. We may take these actions with or without notice to you. Because registered users are known to us, however, we will generally use reasonable efforts to give notice of these actions.
Sections 8 through 10, 13 through 16, 21 and 22 of these Terms will survive termination, and shall continue to apply indefinitely.
14. EXCLUSION OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE LMD SERVICES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE LMD SERVICES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THE LMD SERVICES OR ANY MATERIAL AVAILABLE THROUGH THEM, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE LMD SERVICES.
THE LMD SERVICES ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” COMCAST AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE LMD SERVICES, NOR DO THEY GUARANTEE THAT THE LMD SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE LMD SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMCAST OR ITS AFFILIATES, OR ITS AFFILIATES’ OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS (COLLECTIVELY, “COMCAST COVERED PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE LMD SERVICES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF THESE DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THESE STATES, THE LIABILITY OF THE COMCAST COVERED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE LAW. YOU AGREE THAT THE LIABILITY OF THE COMCAST COVERED PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE LMD SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMCAST FOR THE USE OF THE LMD SERVICES.
You agree to indemnify, defend, and hold harmless the Comcast Covered Parties against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the Terms or use of the LMD Services. Comcast reserves the right, at its election to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Comcast in connection with our defense.
17. Copyright Infringement
Comcast is committed to complying with U.S. copyright and related laws, and requires all users of the LMD Services to comply with these laws. Accordingly, you may not use the LMD Services to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the LMD Services, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA“) by sending Comcast’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Comcast’s receipt of a satisfactory notice of claimed infringement, Comcast will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through the LMD Services or (ii) to disable access to the work(s). It is Comcast’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to the LMD Services (or any part of those services) for any user who is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who Comcast, in its sole discretion, believes is infringing these rights. Comcast may terminate access to the LMD Services at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to Comcast. Upon Comcast’s receipt of a counter notification that satisfies the requirements of DMCA, Comcast will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that Comcast will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send Comcast a notification of claimed infringement to report alleged infringements of their works to:
Comcast Cable Communications Management, LLC
Attn: General Counsel / LMD Services DMCA Notice
One Comcast Center
Philadelphia, PA 19103
DMCA_Notice at Comcast dot com
Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Comcast, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with Comcast’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
18. Other Sites
The LMD Services contains links to other sites. Some of these other sites may be co-branded with Comcast branding and may look like features of the LMD Services, but these websites and resources are provided by companies or persons other than Comcast. Comcast does not control the terms of service or the privacy policies of these sites, and their terms and policies will govern your use of those sites and their use of any information you provide to them through those sites. You acknowledge and agree that Comcast is not responsible for the availability of any of these external sites or resources, and does not endorse any advertising, products or other materials on or available from these websites or resources. You acknowledge and agree that Comcast is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, these websites or resources.
19. Changes to the Terms
Comcast reserves the right to change these Terms from time to time consistent with applicable contract laws and principles. When these changes are made, Comcast will make a copy of the updated Terms available at this web page and will also make any updated Terms available to you by e-mail, direct mail, or other reasonable means as selected by Comcast.
Comcast will make the updated Terms available to you before they take effect. You understand and agree that if you use the LMD Services after the date on which the Terms take effect; Comcast will treat your use as acceptance of the updated Terms.
Comcast®, the Comcast design logo, Project Open VoiceTM, the Project Open Voice design logo, Gotta Love FresnoTM, the Gotta Love Fresno design logo, Houston’s VoiceTM, the Houston’s Voice design logo, Local Look PeterboroughTM, the Local Look Peterborough design logo, Made In MedfordTM, the Made In Medford design logo, Philly In FocusTM, the Philly In Focus design logo, XFINITY®, the XFINITY design logo, and additional Local Media Development web sites listed at http://comcastlmd.com are all trademarks or service marks of Comcast Corporation or its subsidiaries. All other trademarks and service marks appearing on the LMD Services are the properties of their respective owners.
21. Binding Arbitration
a. Purpose. If you are a subscriber to Xfinity TV, Xfinity Voice, XFINITY Home, and/or Xfinity Internet, please refer to the Binding Arbitration section of the Comcast Agreement for Residential Services, which section applies to any dispute, claim, or controversy between you and Comcast regarding any aspect of your relationship with Comcast, available here: http://www.comcast.com/Corporate/Customers/Policies/Policies.html. If you are not a subscriber to these services, and have a Dispute (as defined below) with Comcast that cannot be resolved through an informal dispute resolution with Comcast, you or Comcast may elect to arbitrate that Dispute in accordance with the terms of this section (the “Arbitration Provision”) rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may result in limited discovery and may be subject to limited review by courts.
b. Definitions. The term “Dispute” means any dispute, claim, or controversy between you and Comcast regarding the LMD Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, “Comcast” means Comcast and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
c. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY COMCAST IN WRITING WITHIN 30 DAYS OF THE LATER OF YOUR FIRST ACCESS TO OR USE OF THE LMD SERVICES, OR [[insert date these terms are updated]], BY VISITING WWW.COMCAST.COM/WEBARBOPTOUT, OR BY MAIL TO COMCAST 1701 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103-2838, ATTN: LEGAL DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION TO COMCAST MUST INCLUDE YOUR NAME, ADDRESS AND ACCOUNT NUMBER (IF YOU ARE A COMCAST SUBSCRIBER) OR TELEPHONE NUMBER (IF YOU ARE NOT A COMCAST SUBSCRIBER) AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH COMCAST THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH COMCAST OR THE DELIVERY OF SERVICES TO YOU BY COMCAST. IF YOU HAVE PREVIOUSLY NOTIFIED COMCAST OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
d. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Comcast elect to resolve your Dispute through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may open a case with the American Arbitration Association – Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Commercial Arbitration Rules of the American Arbitration Association “AAA”.
e. Arbitration Procedures. Because the LMD Services concern interstate commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you access the LMD Services may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration shall be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with Comcast. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within 30 days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
1. YOU MUST CONTACT US WITHIN 1 YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
2. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS
g. Location of Arbitration. The arbitration will take place at a location convenient to you in the area where you access the LMD Services.
h. Payment of Arbitration Fees and Costs. COMCAST WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN COMCAST’S FAVOR, YOU SHALL REIMBURSE COMCAST FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE COMCAST FOR ANY OF THE FEES AND COSTS ADVANCED BY COMCAST. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, COMCAST WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
i. Severability. If any clause within this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court. If this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, you and Comcast have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
j. Exclusions from Arbitration. YOU AND COMCAST AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY COMCAST THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER OR LMD SERVICES USER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF LMD SERVICES; (4) ANY DISPUTE THAT ARISES BETWEEN COMCAST AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. § 522(9); AND (5) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.
k. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.
22. General Legal Terms
The Terms constitute the whole legal agreement between you and Comcast and govern your use of the LMD Services, and completely replace any prior agreements between you and Comcast in relation to the LMD Services.
You agree that Comcast may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, or postings on the LMD Services.
You agree that if Comcast does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Comcast has the benefit of under any applicable law), this will not be taken to be a formal waiver of Comcast’s rights and that those rights or remedies will still be available to Comcast.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You acknowledge and agree that each member of the group of companies of which Comcast Corporation is the parent shall be third party beneficiaries to the Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be third party beneficiaries to the Terms.
The Terms, and your relationship with Comcast under the Terms, shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. By using the LMD Services, you consent to the exclusive jurisdiction of the state and federal courts in Philadelphia, Pennsylvania, in all disputes arising out of or relating to the Terms or LMD Services.
Effective: July 9, 2016