This Home Automation System and Service Agreement ("Agreement") sets forth the terms and conditions under which Cox Communications, Inc., through one or more of its licensed subsidiaries or affiliates authorized to provide the Services as defined herein (each subsidiary hereafter "Cox") agrees to provide Services to you, and under which you, the Customer, agree to accept the Service. In this Agreement, "you" and "your" mean the "Customer" who subscribes to and receives the Services. "Cox," "we," "our," and "us" means the Cox entity that is providing you with Service. (Cox Homelife Automation is referred to in this Agreement as the "Service" or "Services"). The Services defined in this Agreement do not include any other services provided by Cox or its affiliates (for example, Cox High Speed Internet, Cox Homelife Home Security Services, Cox Video or services provided by Cox to commercial customers, which may be governed by one or more separate agreements.) Subject to the survival provisions of this Agreement, this Agreement shall remain in effect at all times you are subscribed to and/or receive the Service, to include following any changes you or Cox make to the Service you receive or to the Cox Equipment, Customer Equipment or other equipment (as defined below) you use.
a. Our Agreement: You will be bound by the terms and conditions in this Agreement. The Services are also subject to the Annual Privacy Notice ("Customer Privacy Notice") and the Cox Internet Acceptable Use Policy ("AUP"). You will receive the Customer Privacy Notice and the Annual Customer Notice each year from Cox. These Notices and the AUP are posted on the Cox Website at www.cox.com or at another URL Cox may designate from time to time ("Cox Website"). Your use of the Services is also subject to any license agreements relating to any software used in connection with the Services. This Agreement incorporates by reference the terms and conditions of all other service agreements, tariffs and other documents applicable to the Cox Services including without limitation: (i) the Customer Privacy Notice, (ii) the Annual Customer Notice, and (iii) if you subscribe to Cox Internet, the Acceptable Use Policy. Each Service is provided subject to federal, state and local laws, statutes, regulations, and ordinances applicable to such Service ("Applicable Law").
b. Entire Agreement: This Agreement and all of the documents specifically incorporated herein constitute the entire Agreement between you and Cox for the Services. No prior agreement and no written or oral statement, advertisem*nt, or Service description will contradict, explain or supplement it.
c. Acceptance of Agreement: Your Agreement with Cox starts when you accept and continues until your subscription to the Services is terminated, except as otherwise stated herein. Certain provisions of this Agreement will survive termination. You accept this Agreement when you first do any of the following ("Acceptance") upon or after the Effective Date of this Agreement: (i) sign this Agreement by written or electronic signature, (ii) inform us electronically or orally of your acceptance of this Agreement, to include acceptance of these terms via mobile or web application; (iii) activate any Service provided under this Agreement through a method provided by Cox, or (iv) use or pay for, in whole or in part, your Service.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO ITS TERMS AND CONDITIONS AND THE RATES AND CHARGES AS LISTED ON THE COX WEBSITE, IN YOUR WELCOME KIT, AND/OR ON YOUR TRANSACTION SUMMARY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, DO NOT USE THE SERVICES AND IMMEDIATELY TERMINATE YOUR SUBSCRIPTION TO THE SERVICES AND THIS AGREEMENT BY CALLING COX AT THE CUSTOMER SERVICE NUMBER ON YOUR BILL OR ON COX.COM AND RETURN ALL COX EQUIPMENT, SOFTWARE, AND ASSOCIATED MATERIALS TO COX.
d. Changes to the Agreement or Service: Cox reserves the right to modify any of the terms and conditions of this Agreement including any aspect of the Services in its sole discretion at any time with or without notice. Such changes may include for example, changes to rates, the rate plan structure, or payment policies for the Services, changes to the features and content of the Services, configuration and capacity of Services, changes in the features, functionality and technical requirements for Cox Equipment and Customer Equipment, use of vendors to provide Services, limitations of liability, procedures for disputes and policies for termination. In order to receive the Services, you may not modify this Agreement in any way, to include by making any typed, handwritten, electronic, or any other changes to it for any purpose.
e. Notice of Material Changes: Cox will provide you with written notice of any changes that we determine are material to your Services or this Agreement consistent with Applicable Law. You agree that we may provide you with such written notice (i) by sending it via U.S. Mail or commercial overnight mail to your last known billing address in Cox's account records, (ii) by including the notice on or with your Cox bill, (iii) by sending notice to your email address on Cox's account records, (iv) by hand delivery, or (v) by other lawful means, and you agree that any of the foregoing will constitute sufficient notice and you waive any claims that these forms of notice are insufficient or ineffective. All such changes will become effective as of the date specified on the written notice and will be posted on the Cox Website and you agree to regularly check your postal mail, e-mail and all postings on the Website or an another website about which you have been notified or you bear the risk of failing to do so. The updated version of this Agreement on the Cox Website will supersede any prior version of this Agreement. You agree that your sole recourse if you do not accept any such material change to your Services or this Agreement is to terminate this Agreement within thirty (30) days of our notice to you. If you receive services under a Price Lock Guarantee or other Minimum Term Agreement that requires you to pay an early termination fee and you terminate Services subject to that Minimum Term Agreement as provided in this Agreement upon express written notice from us of a material change in this agreement, you will not be charged an early termination fee under that Minimum Term agreement. Your continued use of the Services after such thirty (30) day period will constitute your Acceptance of this Agreement as modified.
f. Copy of Agreement or Rates: A copy of this Agreement and the rates for the Services may be obtained by visiting the Cox Website or the Cox office listed on your monthly Cox bill.
g. Your Subscription: You represent to Cox that you are at least 18 years old or the age of majority in your state. Your Acceptance of this Agreement entitles you to use the Services. Your use of the Services is personal to you. If you permit other persons to use the Services, you agree that you are solely responsible and liable for any and all breaches of this Agreement, whether such breach results from your use or use by another person using the Services provided to you, the System, Cox Equipment, or Licensed Software. You are responsible for contacting the Cox customer service number listed on your monthly Cox bill immediately upon the occurrence of any change in the status of your account, such as, without limitation, a change in individuals authorized to use your account ("Authorized Users"), any changes to your contact information such as name, email address, wireline or wireless phone number, or if you move or any of your Services become subject to a bulk agreement. You agree to keep your contact information, including email address or contact telephone number, up to date and current.
h. Consent to Contact You: In order to contact you more efficiently, Cox and our affiliates may at times contact you using autodialer technology, prerecorded or artificial voice message calls, or text messages at the telephone number(s) you have provided us. You agree that we and our service providers or agents may place such calls or texts to communicate with you about your account, service(s) and equipment, and service agreements, including (but not limited to): (i) providing notices related thereto, (ii) resolving technical or billing issues, (iii) informing of installation or other service appointments, (iv) data usage, (v) investigating or preventing fraud, and/or (vi) collecting a debt or outstanding balance ("Informational Communications"). Also, we may share your phone number(s) with such service providers or agents whom we hire to assist us in carrying out these Informational Communications, but will not share your phone number(s) with any third parties for their own purposes without your consent. Applicable standard telephone minute, data and/or text charges may apply. We and our service providers or agents, however, will not use autodialer technology, or texts to contact you for marketing purposes at the wireless telephone number(s) you designate nor send you prerecorded or artificial voice message marketing calls at the wireless or landline telephone number(s) you designate unless we receive your prior express written consent as required under federal law. Prior express written consent is not required in order to obtain or use Cox's products and services or to receive Informational Communications from Cox. If Cox is required by law to obtain your prior express consent — either verbal or written — to receive autodialed calls, prerecorded or artificial voice message calls, or text messages and you have provided Cox such consent, you may revoke this consent at any time by contacting Cox and informing us of your desire to stop receiving such calls or text messages for Informational Communications purposes and/or for marketing purposes.
