Privacy Policy
Hanno Marketing Solutions strives to provide consumers with accessible, easy-to-understand information about the services we provide, so they can make informed decisions about which services meet their needs. Consistent with that goal, we have designed this page to act as a place where consumers and others can come to access and review the relevant policies, agreements and channel lineup information and other information about Hanno Marketing Solutions services.
In addition to these Residential General Terms and Conditions of Service ("General Terms"), You, individually ("You" or "Subscriber"), and You, on behalf of every member of your household, current and future, every visitor to or guest in your household, and any other person who uses the Services (together with Subscriber, the "Subscriber Group"), agree to be bound by the terms of service applicable to the residential Hanno Marketing Solutions service(s) to which You subscribe (hereafter, "Service" or "Services"), as well as the Hanno Marketing Solutions Subscriber Privacy Notice, which may each be found at www.connectbundles.com, under "Terms of Service/Policies" and "Your Privacy Rights," as such may be updated from time to time (collectively, the "Terms of Service") and are incorporated herein by this reference. In the event of any conflict between these General Terms below and the Service-specific Terms of Service, the Service-specific Terms of Service shall control. For purposes of these Terms of Service, all references to "Hanno Marketing Solutions" mean Charter Communications Operating, LLC and any of its affiliates or subsidiaries providing Subscriber the Services (including third parties Hanno Marketing Solutions may retain to provide the Services).
If Hanno Marketing Solutions provides Hanno Marketing Solutions Voice™ service in Subscriber's area, it will be provided through the Hanno Marketing Solutions phone service affiliate servicing Subscriber's area.
Subscriber's signature on the work order presented upon installation of Services, the Subscriber Group's use of Services, and/or any other form of signature or action indicating intention to use (e.g., online acceptance, e-signature or breaking the seal on the box of a self-installation kit, activation of service) are evidence of Subscriber Group's agreement to these General Terms which incorporate the Terms of Service. Hanno Marketing Solutions may change its prices, fees, the Services, and/or the Terms of Service. The Subscriber Group's continued use of the Services after notice of the change shall be considered Subscriber's acknowledgement and acceptance of the changes, and the most-recent version of these Terms of Service controls Subscriber's relationship with Hanno Marketing Solutions and Hanno Marketing Solutions's provision of Services to Subscriber. The current version of the Terms of Service may be found at www.connectbundles.com under "Terms of Service/Policies." Subscriber may not modify these General Terms, the Service-specific Terms of Service, or the Hanno Marketing Solutions Subscriber Privacy Notice by making any typed, handwritten, or any other changes to it for any purpose. This is a binding legal document. In the event that a portion of the Services is terminated, or any aspect of it is changed, any remaining Service or replacement Service will continue to be governed by these General Terms and Terms of Service incorporated herein.
These General Terms and the Terms of Service do not apply to services sold under the Hanno Marketing Solutions Business brand.
THESE GENERAL TERMS CONTAIN (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST Hanno Marketing Solutions MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS. THESE PROVISIONS AFFECT SUBSCRIBER'S RIGHTS UNDER THESE GENERAL TERMS WITH RESPECT TO ALL SERVICES. SEE SECTION 29 FOR DETAILS ON THESE PROVISIONS.
1. Payment of Charges: Subscriber will be billed monthly, in advance, for Services to be received, plus pro-rata charges, if any, for periods not previously billed. Billing may commence on or after the earlier to occur of (a) the activation of any Service, (b) confirmed delivery of service Equipment, (c) 8 days after Subscriber's placement of a Service order or (d) shipment of devices or equipment. Subscriber will be billed monthly in arrears for all Services used including without limitation, Pay Per View, On Demand, per unit or minute usage charges, roaming, or other Services ordered where charges are based on actual usage or on orders placed during the previous month. Subscriber shall pay all monthly charges and all applicable fees and taxes by the due date as listed on the Hanno Marketing Solutions monthly bill(s), which may be sent by multiple, separate invoices and/or exclusively by online presentation depending on respective Service subscription. Payment methods, including Credit Card, Debit Cards and Checks will be stored for future use by the subscriber. It shall be Subscriber's obligation to review bills as presented on line.
Subscriber shall notify Hanno Marketing Solutions of disputed charges or items within sixty (60) days of invoice receipt or online posting, or longer as required by applicable law. Failure to pay charges billed when due (including checks returned for insufficient funds) may result in discontinuance of all Services, the removal of all Equipment (as defined in Section 7 below) and/or imposition of a late payment or service charge. If the Subscriber has more than one account (business and/or residential) served by Hanno Marketing Solutions, all Hanno Marketing Solutions-provided Services at all locations may be subject to suspension or discontinuance of Service in the event any one account remains unpaid, and Hanno Marketing Solutions may apply any funds received from Subscriber first to such delinquent account(s). Should Subscriber wish to resume Service after any suspension, Subscriber may be subject to reconnection fees. Should Subscriber wish to resume Service after termination of Service, Hanno Marketing Solutions may charge fees for installation, service calls and/or activation and reserves the right to charge rates different from those in place at the time of disconnect. These fees are in addition to all past due charges and other fees. In the event collection activities are required, additional collection charges may be imposed.
Charges may apply for service visits when Hanno Marketing Solutions-owned equipment is not the cause of any service degradation, outage, or other problem with your service.
Charges may apply for any Subscriber-requested transaction assistance from a Hanno Marketing Solutions Customer Service Representative. Subscriber's first bill may include partial-month charges for Service received, first month's per unit or minute usage charges, applicable installment plan charges, and/or other applicable monthly Service charges. If partial payment is made of any bill and without waiving its right to collect the full balance owed, Hanno Marketing Solutions will apply that payment to any outstanding charges in the amounts and proportions that it determines.
Subscriber agrees and understands that by entering into the financial arrangement described herein, except to the limited extent Subscriber is purchasing devices (each a "Subscriber Purchased Device") from Hanno Marketing Solutions under an installment plan agreement, Hanno Marketing Solutions is not extending Subscriber any credit and therefore Hanno Marketing Solutions and Subscriber are not entering into a consumer credit or similar transaction. Sales of any Subscriber Purchased Device(s) are final upon the earlier to occur of the effective date of any applicable installment plan agreement therefor or the opening of the respective packaging thereof, and Hanno Marketing Solutions disclaims any and all responsibility for the returns, replacement, repair, or maintenance of such device(s), with respect to which the Subscriber shall look exclusively to the manufacturer of such device(s).
2. Recurring Auto Pay or One-Time Payment services by Electronic Payment Terms: The following Electronic Payment Terms apply to Hanno Marketing Solutions's recurring Auto Pay or One-Time Payment services that Subscriber may elect to receive.
a. By participating in the Auto Pay service or One-Time payment service, Subscriber is (i) representing that Subscriber is the authorized user of the debit card, credit card, or banking account used to make payment to Hanno Marketing Solutions, and (ii) authorizing Hanno Marketing Solutions to store such account number for future use of such services. Hanno Marketing Solutions reserves the right to terminate Subscriber's continued participation in the Auto Pay or One Time payment service for any reason, including without limitation late payment, non-payment, or fraudulent payment of Subscriber's bill.
b. By electing to enroll in Hanno Marketing Solutions's online Auto Pay Service, Subscriber has authorized Hanno Marketing Solutions to obtain payment of Subscriber's then-current statement balance each month by direct transfer of funds from Subscriber's selected financial institution or credit card account.
c. Hanno Marketing Solutions will send the applicable of Subscriber's monthly bill statement or notice of online posting of such statement to Subscriber prior to Subscriber's payment due date. The amount shown as due on the monthly bill statement will constitute notice to Subscriber of any variance in amount from the bill payment amount paid in the previous month by Auto Pay. The balance shown as due on Subscriber's statement view will be deducted on or around the payment due date.
d. Payment of Subscriber's Hanno Marketing Solutions bill on a recurring basis through Auto Pay may be required for subscription to some Services and for purchase from Hanno Marketing Solutions of certain Subscriber Purchased Devices. Subscriber has the right to revoke the recurring Auto Pay arrangement with Hanno Marketing Solutions at any time, except for those services where Auto Pay is required. Any revocation of Subscriber's authorization to pay the Hanno Marketing Solutions bill through an Auto Pay arrangement will not take effect until after receipt by Hanno Marketing Solutions, and will result in the discontinuance of Auto Pay bill payment(s). After cancelation of Auto Pay bill payment, Subscriber will be responsible for taking appropriate action each month to pay the Hanno Marketing Solutions bill.
e. To get a copy a Subscriber's online Auto Pay confirmation for Subscriber's records, Subscriber must print or save such document to Subscriber's computer.
f. Subscriber is solely responsible for ensuring that contact information, such as email address, and financial information, such as credit card, checking or savings account number, are current and accurate at all times. Subscriber must notify Hanno Marketing Solutions of any change in credit card, checking or savings account information and complete another Auto Pay authorization form to have the Hanno Marketing Solutions bill paid on a recurring basis using any new or changed debit or credit card, checking or savings account number or information. Subscriber can update existing Auto Pay account information on the My Hanno Marketing Solutions mobile app or on Hanno Marketing Solutions.net/myaccount. It may take at least one billing cycle after any change made in credit card, checking or savings account number or information for any payments made using these Services to be processed. In the meantime, Subscriber will remain solely responsible for taking appropriate actions to ensure that bill payments are made when due. The One Time Pay and Auto Pay services are provided for personal, non-commercial use only, and Subscriber is prohibited from using these services for any illegal activity or purpose, including payment fraud or identity theft.
g. By electing to use the One Time Pay and Auto Pay services, Subscriber agrees that Hanno Marketing Solutions may provide You legal notices regarding the Electronic Payment Terms, the Terms of Service, payments made, and other relevant information or records attributable to transactions Subscriber makes using the One Time Pay and Auto Pay services, in electronic form only. Subscriber cannot withdraw consent to receive such electronic notice, records, or disclosure if Subscriber elects to continue to use the One Time Pay and Auto Pay services.
h. It is Subscriber's responsibility to protect the confidentiality of any user name or password used in connection with these One Time Pay and Auto Pay services. Hanno Marketing Solutions recommends that Subscriber not share user name or password with any unauthorized user, because such disclosures might provide unauthorized access to Subscriber's account information. If Subscriber believes Subscriber's password or other means to access the Hanno Marketing Solutions account has been lost, stolen, or otherwise compromised, Subscriber must notify Hanno Marketing Solutions immediately at 855-707-7328.
i. Without limitation, Hanno Marketing Solutions shall have no liability or responsibility for its inability to process or receive payments Subscriber makes or attempts to make using the One Time Pay or Auto Pay services or otherwise to perform its responsibilities under these Electronic Terms in the event circumstances beyond Hanno Marketing Solutions's control prevent Hanno Marketing Solutions from doing so or otherwise affect Hanno Marketing Solutions's ability to do so.
j. Subscriber is responsible for all fees and costs related to maintaining a valid payment method including processing charges or annual costs.
Hanno Marketing Solutions'S SOLE AND ENTIRE LIABILITY AND SUBSRIBER'S EXCLUSIVE REMEDY FOR THE PROCESSING OR DEDUCTION OF AN INCORRECT TRANSFER OF FUNDS HEREUNDER SHALL BE THE RETURN TO YOU OF THE IMPORPERLY TRANSFERRED FUNDS.
3. Payment by Check; Returned Items; Third Party Processing: If Subscriber makes payment by check, Subscriber authorizes Hanno Marketing Solutions to collect such payment electronically. Subscriber may not amend or modify these General Terms with any restrictive endorsements (such as "paid in full"), releases, or other statements on or accompanying checks or other payments accepted by Hanno Marketing Solutions; any of which notations shall have no legal effect. Whether paying by check, One-Time Pay, Auto Pay services, or any form of electronic funds transfer from a banking account, Subscriber hereby authorizes Hanno Marketing Solutions to collect any declined amount electronically from the subject account. In addition, Subscriber's Service may be suspended and/or terminated.
Subscriber shall be responsible for any payment processing fees incurred when using a third party to process Subscriber's payments to Hanno Marketing Solutions. Any NSF charge is in addition to any charges Subscriber's financial institution may assess. If initially rejected, Hanno Marketing Solutions will make additional multiple attempts to execute such electronic payment for up to 30 days following the initial refusal. At the end of the 30-day period, if there has not been a successful payment, the applicable of Subscriber's Auto Pay or One Time Pay authorization will be terminated.
4. Hanno Marketing Solutions Refund Policy/30-Day Guarantee. Subject to additional provisions that may be applicable to equipment returns, new Subscribers (those who have not been Hanno Marketing Solutions customers for 90 days prior to subscription) qualify to have all levels of subscription Service refunded/credited if not fully satisfied with the Service. Current Subscribers adding a new level of subscription Service qualify to receive a refund/credit only on those newly added Services not received within the previous 90 days. Such refund is valid for customers who pay for their first month of new or upgraded monthly recurring subscription Services. Pay-Per-View and other non-recurring subscription purchases are not refundable nor are any related installation fees that may apply. Subscriber is limited to one refund or credit per household for a maximum of 30 days of Service. Refunds/credits will be given only when request for cancellation of Service is received by Hanno Marketing Solutions within 45 days of installation of Service (30 days subscribing to the Service, plus 15 day grace period for formal request of refund/credit). Any equipment associated with the new subscription must be returned prior to release of refund/credit. Any state taxes, franchise fees and other fees or charges that may apply are the responsibility of the Subscriber and will not be refunded or credited. Other restrictions per any offer apply.
5. Service Bundle Discounts: Hanno Marketing Solutions reserves the right to offer and Subscriber may elect to subscribe to a combination of Hanno Marketing Solutions Services for which a bundle discount applies ("Bundled Services"). In the event Subscriber terminates any Service component of such Bundled Services or Hanno Marketing Solutions terminates such Service component based on Subscriber's failure to comply with the Terms of Service, Hanno Marketing Solutions reserves the right to revert the pricing of the remaining Service(s) to the applicable undiscounted price for such Service(s).
6. Monthly Subscription Services: Subject to restrictions under applicable law, if any, and without abrogating Section 4 - "Hanno Marketing Solutions Refund Policy/30-Day Guarantee", Subscriber shall be responsible for the full monthly charge (without pro-ration) for those Services that are offered on a monthly subscription basis to which the Subscriber has subscribed, regardless of Subscriber's termination of such monthly Service prior to the conclusion of the respective subscription month, and for charges for per program, Pay Per View, On Demand, per event or program Cable Services ordered or per unit or minute usage charges, or roaming used by the Subscriber or other Services ordered where charges are based on actual usage or on orders placed during the previous month.
7. Hanno Marketing Solutions Property: All Hanno Marketing Solutions-provided equipment distributed to and/or installed for use in the Subscriber's service location(s) by or on behalf of Hanno Marketing Solutions ("Equipment") remains the property of Hanno Marketing Solutions, except for the "cable home wiring" as defined at 47 C.F.R. §76.5(ll) ("Wiring") and excluding certain Subscriber Purchased Devices that Subscriber has purchased from Hanno Marketing Solutions outright or under an installment agreement or any other device ownership of which Hanno Marketing Solutions has conveyed to Subscriber (e.g., modems, streaming or edge devices; collectively, "Conveyed Devices"). Equipment and Wiring installed at the Subscriber's Service location are intended to remain at the specific Service location and must not be used or relocated off such premises without Hanno Marketing Solutions authorization. Subscriber must return all Equipment upon substitution of use or termination of Service. Failure to do so will result in a charge to be determined in accordance with Hanno Marketing Solutions's then current schedule of charges for non-returned Equipment, which amount shall be due immediately. Subscriber agrees to pay such charge whether the Equipment is lost (through theft or otherwise), damaged or destroyed.
8. Disruption of Service: All Services are provided on an "AS IS" and "AS AVAILABLE" basis. In no event shall Hanno Marketing Solutions be liable for any failure or interruption of Service, including without limitation those failures and interruptions resulting in part or entirely from circumstances beyond Hanno Marketing Solutions's reasonable control. Subject to applicable law, Hanno Marketing Solutions may give credit with respect to Subscriber's recurring monthly subscription fee for qualifying outages of Services.
9. Equipment: Excluding certain Subscriber Purchased Devices sold by Hanno Marketing Solutions for which separate terms and conditions may apply or Conveyed Devices, Hanno Marketing Solutions will repair and/or replace damaged or defective Equipment, if any, as long as such damage or defect was not caused by misuse or other improper operations or handling by Subscriber. Hanno Marketing Solutions shall have the right to presume misuse or other improper operations or handling by Subscriber in the event Subscriber requests repair or replacement more than twice in any twelve (12) month period, or more than three times in any twenty-four (24) month period, and shall have no obligation to fulfill any such repair or replacement. Hanno Marketing Solutions is not responsible for the maintenance or repair of Subscriber-provided equipment, including but not limited to connected devices, mobile devices, home telephones, computers, modems, televisions, Subscriber Purchased Devices, Conveyed Devices, or any other related Subscriber-provided equipment. A service charge may be imposed upon the dispatch of a technician if there is damage to Equipment due to negligent use or abuse or if no fault is discovered in Hanno Marketing Solutions's system or Equipment. Hanno Marketing Solutions makes no warranties, with respect to Equipment or Service provided by Hanno Marketing Solutions or with respect to the compatibility of the Service or the Equipment with any Subscriber-provided equipment.
ALL EQUIPMENT, WIRING, SUBSCRIBER PURCHASED DEVICES, AND CONVEYED DEVICES ARE PROVIDED "AS IS", AND Hanno Marketing Solutions HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, TITLE, AND FITNESS FOR A SPECIFIC PURPOSE.
Hanno Marketing Solutions SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL) ARISING FROM THE USE, DEPLOYMENT, AND/OR FUNCTIONALITY OF ITS EQUIPMENT, WIRING, SUBSCIBER PURCHASED DEVICES, OR CONVEYED DEVICES. Hanno Marketing Solutions HEREBY DISCLAIMS ANY AND ALL CLAIMS ARISING FROM OR ASSOCIATED WITH THE FAILURE, OPERABILITY, PERFORMANCE, DEFECTS OR LOSS, LIABILITY OR DAMAGES ARISING FROM USE OF SUBSCRIBER PURCHASED DEVICES OR CONVEYED DEVICES, ANY OF WHICH SHALL REMAIN MATTERS EXCLUSIVELY BETWEEN THE SUBSCRIBER AND THE MANUFACTURER OF SUCH DEVICES.
Hanno Marketing Solutions's sole obligation and Subscriber's sole remedy with respect to any liability or damage caused by Subscriber's use or deployment of Equipment or Wiring shall be a refund of fees paid by Subscriber for such Equipment for the previous billing month/cycle.
10. Subscriber Property: Hanno Marketing Solutions assumes no responsibility and shall have no responsibility for the condition or repair of any Subscriber Purchased Devices, Conveyed Devices, or Subscriber-provided equipment/software. Subscriber is responsible for the repair and maintenance of Subscriber Purchased Devices, Conveyed Devices, and any other Subscriber-provided equipment/software. Hanno Marketing Solutions is not responsible or liable for any loss or impairment of Hanno Marketing Solutions's Service due in whole or in part to a malfunction, defect or otherwise caused by Subscriber Purchased Devices, Conveyed Devices, or Subscriber-provided equipment/software.
Notwithstanding anything to the contrary, Subscriber agrees to allow Hanno Marketing Solutions and our agents the right (A) to install hardware in, (B) send software downloads to, and (C) install, access configure, maintain, inspect or upgrade Subscriber Purchased Devices, Conveyed Devices, or any other Subscriber-provided equipment to the extent necessary to provide Service. Subscriber warrants that Subscriber is either the owner of such equipment or that Subscriber has the authority to give Hanno Marketing Solutions access to it.
11. Taxes/Fees: Subscriber agrees to pay any local, state or federal taxes and fees imposed or levied on or with respect to the Services, the Equipment, Wiring, Subscriber Purchased Devices, Conveyed Devices, or installation or service charges incurred with respect to the same (including franchise fees).
With respect to fees and taxes, including franchise fees, imposed by applicable government and regulatory authorities, Hanno Marketing Solutions will review the amount it collects in such fees and taxes on a quarterly and annual basis. In the event Hanno Marketing Solutions determines that it has collected any fees and/or taxes in excess of sums due to governmental and regulatory authorities, Hanno Marketing Solutions will begin refunding such excess fees and taxes to current subscribers within 15 months of the end of each calendar year. Please be aware that, by law in some cases, Subscriber may be billed for taxes and fees that relate to time periods before Subscriber began receiving Services. However, by law, Hanno Marketing Solutions will not bill Subscriber for these fees more than 4 years after the year they were incurred by Hanno Marketing Solutions. Franchise fees resulting from an audit by the applicable franchising authority are incurred at the time those fees are assessed.
12. Care of Hanno Marketing Solutions Property and Service: Subscriber agrees that neither Subscriber nor any other person (except Hanno Marketing Solutions's authorized personnel) will: (A) open, tamper with, service, or make any alterations to the Equipment or Wiring; nor (B) remove or relocate any Equipment or Wiring from the service address of initial installation. Any alteration, tampering, removal, or the use of Equipment or Wiring which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations, constitutes theft of Service and is prohibited. Notwithstanding the foregoing, upon receipt of a request by Subscriber, Hanno Marketing Solutions shall relocate the Equipment for Subscriber within Subscriber's home at a time mutually agreed to by Hanno Marketing Solutions and Subscriber. Subscriber may incur a charge for such relocation and should consult a current Hanno Marketing Solutions schedule of rates and charges prior to requesting such relocation. If the Subscriber moves residences outside of Hanno Marketing Solutions's service area, Subscriber shall notify Hanno Marketing Solutions that these General Terms shall be terminated and the provisions of Section 17 shall apply to such termination.
13. Access to Subscriber Premises: Subscriber authorizes Hanno Marketing Solutions and its employees, agents, contractors and representatives to access and otherwise enter the Subscriber's premises to install, inspect, maintain and/or repair the Equipment or Wiring and, upon the termination of Service, to remove the Equipment from the premises. Hanno Marketing Solutions's failure to remove its Equipment shall not be deemed abandonment thereof. If the installation and maintenance of Service are requested at premises that, in Hanno Marketing Solutions's sole discretion, are or may become hazardous or dangerous to our employees, the public or property, Hanno Marketing Solutions may refuse to install and maintain such Service.
14. Acknowledgments and Consent Regarding Recording of Communications and Contact Rights:
a. Recording of Communications. Subscriber acknowledges and agrees that all communications between Subscriber and Hanno Marketing Solutions may be recorded or monitored by Hanno Marketing Solutions for quality assurance or other purposes subject to applicable law.
b. Consent to Phone Calls and other Means of Communication. Hanno Marketing Solutions may call or text Subscriber or authorize others to call or text Subscriber on its behalf including but not limited to at any number Subscriber provides to Hanno Marketing Solutions (or that Hanno Marketing Solutions issues to Subscriber) for any purpose, including marketing Hanno Marketing Solutions's services. Subscriber may not revoke Subscriber's consent to receive collection-related communications or any other non-marketing communication/notice pertaining to Subscriber's Service account (e.g., default, service message, etc.), including via calls, messages, texts, or any other means. If Subscriber's numbers are included on state or federal "do not call" lists, Hanno Marketing Solutions will not call or text Subscriber for marketing purposes. Subscriber is responsible for charges for incoming text messages on Subscriber's wireless phone(s).
c. Robo-Calls. Hanno Marketing Solutions (or persons acting on Hanno Marketing Solutions's behalf) may use automated dialing systems or artificial or recorded voices to contact Subscriber or leave Subscriber messages if the call goes to voicemail.
d. Other Notices. Subscriber authorizes Hanno Marketing Solutions to provide other notices to Subscriber using any method Hanno Marketing Solutions determines appropriate, including by electronic means (for example, email or online posting).
e. Other Consents. Hanno Marketing Solutions may ask Subscriber to provide other consents or authorizations, including by electronic means, email or Subscriber's equipment (for instance, using Subscriber's remote control to purchase a VOD movie, to request information regarding an advertiser's products or to "opt in" to a consumer study), and Hanno Marketing Solutions is entitled to assume that any consent or authorization Hanno Marketing Solutions receives through the Services or from Subscriber's location has been authorized by Subscriber.
f. Email Address for Notice. Upon Hanno Marketing Solutions's request, Subscriber will provide Hanno Marketing Solutions with a current email address that Subscriber regularly checks so that Hanno Marketing Solutions may provide notices and communications to Subscriber at that address.
Hanno Marketing Solutions's right to contact Subscriber as described in this Section survives the termination of these Terms of Service.
Subscriber's Right to Opt Out of Certain Robo-Calls. If Subscriber does not wish to receive marketing calls, messages, or texts from Hanno Marketing Solutions via automated dialing systems or pre-recorded messages on Subscriber's cellular phone, Subscriber may visit our websites to manage communication preferences. Subscriber understands that these straightforward procedures are the exclusive ways to opt-out of such calls. Subscriber also agrees to allow Hanno Marketing Solutions sixty (60) business days to honor Subscriber's request, and further agrees that Hanno Marketing Solutions will not be liable for any calls or texts to Subscriber in the interim.
Subscriber understands that Hanno Marketing Solutions will continue to use automated dialing systems or pre-recorded messages on Subscriber's cellular phone or landline to communicate non-marketing billing notifications, service notifications, appointment confirmations, and account status updates.
15. Secure Connection Requirements. Without abrogating or otherwise limiting Subscriber's separate obligations to secure Subscriber's account and equipment under the Terms of Service, Hanno Marketing Solutions shall have the right to implement reasonable measures necessary to track, manage, and/or ensure the security of its network facilities, the video, phone, and/or Internet signals Hanno Marketing Solutions transmits or receives, and the connection between any device or application used by Subscriber, members of Subscriber's household, Subscriber's guests, or any third parties and Hanno Marketing Solutions's Equipment, system, or other network facilities (whether by physical, WiFi, wireless, software, or other means of connection), including without limitation authentication, access security, or other processes and means.
Without limiting any other rights Hanno Marketing Solutions may have under the Terms of Service, Hanno Marketing Solutions shall have the right to suspend, freeze, or otherwise cease Service or network access in the event and to the extent necessary to address any network or security concern that may arise with regard to activity on or through, conditions arising from or caused by the use, availability of, or access enabled at or through Subscriber's Service, Service location, equipment, or account.
16. Assignment or Transfer: These General Terms and the Services and/or Equipment supplied by Hanno Marketing Solutions are not assignable or otherwise transferable by Subscriber, without specific written authorization from Hanno Marketing Solutions.
17. Termination and Expiration:
a. Termination by Subscriber: Unless otherwise terminated, these General Terms shall automatically renew on a month-to-month basis. Subscriber acknowledges that upon such renewal all pricing is subject to change. To terminate any recurring Service, Subscribers must call 855-757-7328, or provide a hardcopy written notice of termination to Hanno Marketing Solutions delivered to 2 Digital Place, Floor 4, Simpsonville, SC 29681, and in any event, any such Subscriber-requested termination shall not be effective before the date Hanno Marketing Solutions receives such request.
b. Termination for Bankruptcy: Hanno Marketing Solutions shall have the right to terminate these General Terms immediately in the event that Subscriber makes an assignment for the benefit of creditors, or a voluntary or involuntary petition is filed by or against Subscriber under any law having for its purpose the adjudication of Subscriber as a bankrupt or the reorganization of Subscriber.
c. Termination for Breach: In the event of any breach of the Terms of Service by Subscriber, the failure of Subscriber to abide by the rates, rules and regulations of Hanno Marketing Solutions, the failure of Subscriber to provide and maintain accurate registration information, or any illegal activity by the Subscriber using any Service, these Terms of Service may, at Hanno Marketing Solutions's option, be terminated and the Equipment removed. Failure of Hanno Marketing Solutions to remove such Equipment shall not be deemed abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Hanno Marketing Solutions in the event that Hanno Marketing Solutions shall, in its discretion, find it necessary to enforce collection or to preserve and protect its rights under these General Terms. Hanno Marketing Solutions may terminate these Terms of Service or Hanno Marketing Solutions may reject an application or block access to or use of any component of any Service for any reason including, but not limited to, if:
I. Subscriber violated these General Terms as to this or another Hanno Marketing Solutions account;
II. The information required in the application process is or becomes incorrect, absent or incomplete;
III. Subscriber threatened or harassed any Hanno Marketing Solutions employee, agent, contractor or representative (e.g., by abusive language, physical threats, etc.);
IV. Subscriber's credit card issuer refuses a charge or any other payment method fails to compensate Hanno Marketing Solutions;
V. There is a violation of the Terms of Service or other agreements with respect to any Service, as determined in the sole discretion of Hanno Marketing Solutions; or
VI. The amount of technical support required to be provided to Subscriber is excessive as determined in the sole discretion of Hanno Marketing Solutions.
Subscriber further agrees that in the event of termination pursuant to subsections (b) or (c), Hanno Marketing Solutions shall have no liability to Subscriber.
d. Obligations Upon Termination: The Subscriber agrees that upon termination of the Terms of Service:
I. Subject to Section 1 of the Residential Cable Services Agreement, if applicable, Subscriber will pay Hanno Marketing Solutions in full for Subscriber's use of the Equipment and the Services, as applicable, up to the later of the effective date of termination of the Terms of Service, the date on which the Service has been disconnected, or the date on which the Equipment is returned to Hanno Marketing Solutions.;
II. Subscriber will promptly return all Equipment to Hanno Marketing Solutions. In the event that Subscriber fails to return any Equipment within ten (10) days of the termination of the Terms of Service in addition to Equipment charges contemplated hereunder, Subscriber shall be liable to Hanno Marketing Solutions in accordance with Hanno Marketing Solutions's then current schedule of charges for non-returned Equipment.
e. Renewal after Cancellation or Termination: Subscriber acknowledges and agrees that in the event of renewal after cancellation or termination of a Service, Subscriber shall be subject to the pricing, warranties, and Terms of Service as are effective at the time of such renewal.
18. Hanno Marketing Solutions's Right to Pursue Remedies and Subscriber's Indemnification Obligations. If Subscriber breaches the Terms of Service, Hanno Marketing Solutions has the right to seek compensation from Subscriber for such breach through arbitration or, if Subscriber has opted out of these General Terms' arbitration provision or we are seeking an order requiring you to do or refrain from doing something, in court. Additionally, if any person or entity brings a claim against Hanno Marketing Solutions that arises out of Subscriber's relationship with Hanno Marketing Solutions, the Services provided to Subscriber, the Terms of Service, or Subscriber's breach thereof or failure to comply therewith, Subscriber will indemnify, defend (at Hanno Marketing Solutions's exclusive election), and release Hanno Marketing Solutions from and against liability and reimburse Hanno Marketing Solutions for any losses that Hanno Marketing Solutions may incur, including reasonable attorneys' fees and costs, resulting from such claim. Subscriber's responsibilities under this Section cover any dispute, whether arising under contract, tort (for example, a negligence or product liability claim), violation of law or regulation or any other legal theory.
19. Security Deposit: Any security deposit required of Subscriber for the Equipment or Hanno Marketing Solutions's Service will be due and payable upon the first monthly billing. Such security deposits will be returned to Subscriber within sixty (60) days of termination of Hanno Marketing Solutions's Service so long as payment has been made for all amounts due on Subscriber's account and Subscriber has returned the Equipment undamaged. If Hanno Marketing Solutions is holding a deposit on Subscriber's account, Hanno Marketing Solutions has the right to apply the deposited amount against any outstanding balance or shortfall in payments.
20. Advance Payment: Advance payment may be required under certain circumstances including without limitation when specific Service offer conditions require it, Subscribers are unable or unwilling to provide information to establish credit worthiness or have an unsatisfactory credit rating. The advance payment will be equal to the applicable installation charge and one month of recurring charges, excluding taxes, fees and surcharges. The advance payment will appear as a credit and be applied to the first monthly bill. Hanno Marketing Solutions reserves the right to refuse Service if the Subscriber fails to fulfill standard credit requirements. After Service has been established, the Subscriber will be responsible for the payment of all applicable charges, including taxes, fees and surcharges to avoid discontinuance of Service.
21. Content and Services: All Services are subject to change in accordance with applicable law.
22. Rates: All rates are subject to change in accordance with applicable law.
23. Late Fee: If Subscriber's account is 30 days past due, Subscriber may be charged an applicable late fee in addition to Subscriber's past due balance at Hanno Marketing Solutions's then current rate. If Subscriber's account thereafter remains unpaid, Subscriber's Services may be suspended or disconnected. Subscriber can avoid incurring late fees by paying Subscriber's monthly bill promptly. Any late fees assessed are not considered interest credit service charges, finance charges or penalties. Hanno Marketing Solutions expects that Subscriber will pay for Services on a timely basis. Hanno Marketing Solutions does not extend credit to customers, except to the limited extent Subscriber is purchasing Subscriber Purchased Devices from Hanno Marketing Solutions under an installment plan agreement.
24. Disclaimer: Hanno Marketing Solutions assumes no liability for any program, services, content or information distributed on or through the Services and Hanno Marketing Solutions expressly disclaims any responsibility or liability for Subscriber's use thereof. Further, Hanno Marketing Solutions shall not be responsible for any products, merchandise or prizes promoted or purchased through the use of the Services.
25. Right to Make Credit Inquiries: Subscriber authorizes Hanno Marketing Solutions to make inquiries and to receive information about Subscriber's credit experiences, including Subscriber's credit report, from others, to enter this information in Subscriber's file, and to disclose this information concerning Subscriber to appropriate third parties for reasonable business purposes.
26. Hanno Marketing Solutions's Reservation of Rights: Hanno Marketing Solutions reserves the right to refuse, suspend or terminate Service to any person at any time for any reason not prohibited by law. When practical, Hanno Marketing Solutions will provide notice that is reasonable under the circumstances before suspending or terminating Service to an existing Subscriber, and Hanno Marketing Solutions will provide any prior notice of suspension or termination that is required by law.
27. Indemnification: In requesting and accepting Hanno Marketing Solutions Services, Subscriber agrees to defend, indemnify, and hold Hanno Marketing Solutions, including its officers, directors, employees, affiliates, subsidiaries, and authorized agents (individually and collectively, "Hanno Marketing Solutions Indemnitees") harmless from and against any and all demands, claims, suits, judgments, expenses (including without limitation reasonable attorney or witness fees), loss, damages to, or destruction of personal, real, or intellectual property, bodily injury or death of any person, and other liabilities arising from:
a. The installation, operation, provision, or other use of Hanno Marketing Solutions Services and/or Equipment;
b. Any violation of Hanno Marketing Solutions's Terms of Service, Acceptable Use Policy, or other published policies or requirements;
c. The negligence, willful misconduct, violation of a third party's rights, or failure to comply with applicable law by (i) Subscriber, (ii) members of Subscriber's household, or (iii) Subscriber's guests, or (iv) any other person using the Services provided to Subscriber;
d. Libel or slander resulting from any use of the Services by (i) Subscriber, (ii) members of Subscriber's household, (iii) Subscriber's guests, or (iv) any other person using the Services provided to Subscriber;
e. Infringement or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret, or other intellectual property rights (whether by transmission or material or otherwise) by (i) Subscriber, (ii) members of Subscriber's household, (iii) Subscriber's guests, or (iv) any other person using the Services provided to Subscriber, including that effected through combination of Subscriber's use of the respective Service(s) with facilities, equipment, or services provided or used by Subscriber or obtained from third parties;
f. Any unauthorized, unlawful, or fraudulent use of or access to the Services, except as otherwise provided by applicable law; and
g. Any infringement or invasion of the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the installation, operation, failure to operate, maintenance, removal, presence, condition, or use of the 911 or E-911 service features and the equipment associated therewith, or by the use of any Voice Services furnished by Hanno Marketing Solutions in connection with the 911 or E-911 service, including but not limited to, the telephone number, address or name associated with the telephone used by persons accessing 911 or E-911 service thereunder, and/or that which arises out of the negligence or other wrongful act of (i) Subscriber, (ii) members of Subscriber's household, (iii) Subscriber's guests, or (ii) any other person using the Services provided to Subscriber.
The foregoing defense and indemnity obligations exclude damages to the extent caused by the gross negligence or willful misconduct of the Hanno Marketing Solutions Indemnitees. Subscriber agrees that Hanno Marketing Solutions Indemnitees are not liable for any damages or liability resulting from the loss of Services (whether Internet, Cable, Voice, or other Services), nor will Subscriber make any claims or undertake any actions against Hanno Marketing Solutions Indemnitees for loss of Service. Subscriber shall be solely responsible for any damage to or loss of Hanno Marketing Solutions Equipment, unless such damage or loss is caused solely by the negligence or willful misconduct of Hanno Marketing Solutions Indemnitees.
LIMITATION OF LIABILITY. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ANY ACTS, OMISSIONS AND NEGLIGENCE OF Hanno Marketing Solutions AND ITS THIRD PARTY SERVICE PROVIDERS, AGENTS AND SUPPLIERS (AND EACH OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES).
UNDER NO CIRCUMSTANCES SHALL Hanno Marketing Solutions BE LIABLE TO CUSTOMER FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH, INCLUDING ANY ACTS OR OMISSIONS BY THIRD PARTY SERVICE PROVIDERS OR ANY MANUFACTURER OF SUBSCRIBER PURCHASED DEVICES OR CONVEYED DEVICES, AGENTS OR SUBCONTRACTORS OF Hanno Marketing Solutions, OR RELATING TO ANY SERVICES FURNISHED, WHETHER SUCH CLAIM IS BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER REMEDY PROVIDED HEREIN FAILS. Hanno Marketing Solutions'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH BY Hanno Marketing Solutions OF ANY OBLIGATION Hanno Marketing Solutions MAY HAVE UNDER THESE TERMS OF SERVICE OR APPLICABLE LAW, SHALL BE CUSTOMER'S ABILITY TO TERMINATE THE SERVICE OR TO OBTAIN THE REPLACEMENT OR REPAIR OF ANY DEFECTIVE EQUIPMENT PROVIDED BY Hanno Marketing Solutions. IN NO EVENT SHALL Hanno Marketing Solutions'S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THESE GENERAL TERMS EXCEED THE AMOUNT PAID BY CUSTOMER DURING THE PRECEDING THIRTY (30) DAY PERIOD.
SUBSCRIBER ALSO AGREES THAT IT SHALL NOT BE PERMITTED TO BRING ANY CLAIM WHATSOEVER AGAINST Hanno Marketing Solutions THAT RESULTS IN WHOLE OR IN PART FROM SUBSCRIBER'S FAILURE TO COMPLY WITH THESE GENERAL TERMS.
THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE GENERAL TERMS.
28. Privacy Policy. Hanno Marketing Solutions will provide Subscriber with a copy of its customer privacy policy at the time Hanno Marketing Solutions provides Service to Subscriber, and annually afterwards, or as otherwise required by law. Subscriber can view the most current version of our privacy notice by going to "www.connectbundles.com, and then "Your Privacy Rights." Subscriber assumes sole responsibility for all privacy, security and other risks associated with providing personally identifiable information to third parties via the Service. To the extent that Hanno Marketing Solutions is expressly required to do so by applicable law, Hanno Marketing Solutions will provide notice to Subscriber of a breach of the security of certain personally identifiable information about Subscriber. Subscriber agrees that Hanno Marketing Solutions may collect and disclose information concerning Subscriber and Subscriber's use of Service in the manner and for the purposes set forth herein and in Hanno Marketing Solutions's privacy policy. In order to protect the privacy of Subscriber's account information, Hanno Marketing Solutions may require that Subscriber use a security code or other method, in addition to the user name and password, to confirm Subscriber's identity when requesting or otherwise accessing account information or making changes to Subscriber's Service through Hanno Marketing Solutions's customer service representatives. Subscriber may also choose to designate an authorized user of Subscriber's account (an "Authorized User"), who will be able to access Subscriber's account information and make changes to Subscriber's account. Once established, an Authorized User may be required to authenticate his/her identity in the same manner according to Hanno Marketing Solutions's policies.
29. ARBITRATION. The following provisions are important with respect to the agreement between Subscriber and Hanno Marketing Solutions regarding Hanno Marketing Solutions's Services memorialized by these General Terms.
PLEASE READ THEM CAREFULLY TO ENSURE THAT SUBSCRIBER UNDERSTANDS EACH PROVISION. These General Terms require the use of arbitration to resolve disputes and otherwise limits the remedies available to Subscriber in the event of a dispute.
Subject to the "Exclusions" paragraph below, Hanno Marketing Solutions and Subscriber agree to arbitrate disputes and claims arising out of or relating to these General Terms, the Services, the Equipment, or marketing of the Services Subscriber has received from Hanno Marketing Solutions. Notwithstanding the foregoing, either party may bring an individual action on any matter or subject in small claims court.
THESE GENERAL TERMS MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE.THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS.
A party who intends to seek arbitration must first send to the other a written notice of intent to arbitrate, entitled "Notice of Intent to Arbitrate" ("Notice"). The Notice to Hanno Marketing Solutions should be addressed to: VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131 ("Arbitration Notice Address"). The Notice must: (1) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, Subscriber or Hanno Marketing Solutions may commence an arbitration proceeding, in which all issues are for the arbitrator to decide (including the scope of the arbitration clause), but the arbitrator shall be bound by the terms of these General Terms.
The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these General Terms, and the arbitration shall be administered by the AAA. The AAA Rules and fee information are available at "www.adr.org," by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address.
Hanno Marketing Solutions SHALL BEAR THE COST OF ANY ARBITRATION FILING FEES AND ARBITRATOR'S FEES FOR CLAIMS OF UP TO $75,000. SUBSCRIBER IS RESPONSIBLE FOR ALL OTHER ADDITIONAL COSTS THAT SUBSCRIBER INCURS IN THE ARBITRATION INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES OR EXPERT WITNESS COSTS UNLESS OTHERWISE REQUIRED OF Hanno Marketing Solutions UNDER APPLICABLE LAW.
If the arbitrator's award exceeds $75,000, either party may appeal such award to a three-arbitrator panel administered by the AAA and selected according to the AAA Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice to AAA. The three-arbitrator panel must 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 may exist under the Federal Arbitration Act.
The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules.
SUBSCRIBER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, SUBSCRIBER AND Hanno Marketing Solutions ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY
Unless Hanno Marketing Solutions and Subscriber agree otherwise in writing, all hearings conducted as part of the arbitration shall take place in the county (or parish) of Subscriber's billing address.
The arbitrator may award injunctive relief only in favor of the party seeking relief, only to the extent sought, and only to the extent necessary to provide the specific relief warranted by such individual's claim.
The parties agree that the arbitrator must give effect to the terms of these General Terms.
SUBSCRIBER AND Hanno Marketing Solutions AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN SUBSCRIBER'S INDIVIDUAL CAPACITY AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR REPRESENTATIVE PROCEEDING
Furthermore, unless both Subscriber and Hanno Marketing Solutions agree otherwise in writing, the arbitrator may not consolidate proceedings or more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If this specific paragraph is found to be unenforceable, then the entirety of these arbitration provisions shall be null and void and rendered of no further effect with respect to the specific claim at issue.
Right to Opt Out. If Subscriber does not wish to be bound by these arbitration provisions, Subscriber must notify Hanno Marketing Solutions in writing within 30 days of (a) the date that this arbitration provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber may opt out by mail to the Arbitration Notice Address. Subscriber's written notification to Hanno Marketing Solutions must include Subscriber's name, address, and Hanno Marketing Solutions account number as well as a clear statement that Subscriber does not wish to resolve disputes with Hanno Marketing Solutions through arbitration. Subscriber's decision to opt out of this arbitration provision will have no adverse effect on Subscriber's relationship with Hanno Marketing Solutions or the delivery of Services to Subscriber by Hanno Marketing Solutions.
Severability. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN THE EVENT SOME OR ALL OF THESE ARBITRATION PROVISIONS IS DETERMINED TO BE UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THESE ARBITRATION PROVISIONS, BOTH PARTIES AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
For purposes of the foregoing sentence only, in the event such waiver is found to be unenforceable, it shall be severed from these General Terms, rendered null and void and of no further effect without affecting the rest of the arbitration provisions set forth herein.
EXCLUSIONS. SUBSCRIBER AND Hanno Marketing Solutions AGREE THAT THE FOLLOWING CLAIMS OR DISPUTES SHALL NOT BE SUBJECT TO ARBITRATION:
(1) ANY INDIVIDUAL ACTION BROUGHT BY SUBSCRIBER OR BY Hanno Marketing Solutions ON ANY MATTER OR SUBJECT THAT IS 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 SERVICE.
For New York Video Subscribers. Subscriber may elect to resolve a dispute through the New York Public Service Commission in accordance with 16 NYCRR §890.709(a) and 16 NYCRR §709(c).
The foregoing arbitration provisions shall survive the termination of these General Terms.
SUBSCRIBER HAS ONE YEAR TO BRING A CLAIM AGAINST Hanno Marketing Solutions, UNLESS SUBSCRIBER OPTS OUT. Subscriber must bring any claim against Hanno Marketing Solutions within one (1) year after the date on which the claim arose or, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If Subscriber does not bring a claim within this period, Subscriber waives, to the fullest extent permitted by law, all rights Subscriber has to such claim and Hanno Marketing Solutions will have no liability with respect to such claim.
Subscriber may opt out of this Section, in which case the normal statute of limitations will apply. To opt out, Subscriber must notify Hanno Marketing Solutions in writing by sending a letter to Hanno Marketing Solutions addressed to VP and Associate General Counsel, Litigation, Charter Communications, 12405 Powerscourt Drive, St. Louis, MO 63131, within 30 days of (a) the date that this provision becomes effective, if Subscriber is an existing customer, or (b) the date that Subscriber first subscribes to the Service(s). Subscriber's written notice must include Subscriber's name, address, and Hanno Marketing Solutions account number as well as a clear statement that Subscriber does not wish this Section to apply.
This Section shall survive the termination of these General Terms.
30. Force Majeure: Hanno Marketing Solutions shall not be liable for any failure of performance or equipment of any kind (including Hanno Marketing Solutions Equipment) due to causes beyond its control, including but not limited to: acts of God, fire, flood, or other catastrophes; loss of electrical power; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over Hanno Marketing Solutions, or of any department agency, commission, bureau, corporation, or other instrumentality of any one or more of these federal, state, or local governments, or of any civil or military authority; national emergencies; insurrection; riots, wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties.
31. Survival of Terms. In addition to the terms that are specifically noted in these General Terms as surviving termination of these General Terms, all representations, warranties, indemnifications, and limitations of liability shall survive these General Terms. Hanno Marketing Solutions's right to contact Subscriber shall also survive these General Terms unless Subscriber opts out in the manner described in these General Terms. All other obligations of Subscriber and Hanno Marketing Solutions under these General Terms also survive termination if they relate to the period before termination or, if by their terms, they would be expected to survive such termination.
32. Entire Agreement: These General Terms (including the Terms of Service incorporated herein by reference) constitute the entire agreement between the Subscriber and Hanno Marketing Solutions. No undertaking, representation or warranty made by an agent or representative of Hanno Marketing Solutions in connection with the sale, installation, maintenance or removal of Hanno Marketing Solutions's Services or Equipment shall be binding on Hanno Marketing Solutions except as expressly included herein. Subscriber agrees that, if any portion of these General Terms is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and if severed or rendered null and void thereby, the remaining portions will remain in full force and effect. If Hanno Marketing Solutions fails to insist upon or enforce strict performance of any provision of these General Terms, it does not thereby waive any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these General Terms.