Comcast Business Web Services Terms of Service
These Comcast Business Web Services Terms of Service (“Terms”) apply to your use of the “Web Services” (as defined in Section 1 below). The Web Services are provided by Comcast Cable Communications Management, LLC, and its subsidiaries and affiliates (“Comcast,” “we,” “us,” or “our”). The term "you" (and related pronouns) refers to you as a user of the Web Services, or if you are using the Web Services on behalf of an entity, all references to “you” in the Terms refer to that entity.
The Comcast Business Software License Agreement (“Software License”) also applies to your use of the Web Services. The Software License is available here: https://Business.comcast.com/Software-License-Agreement. The Software License is incorporated into these Terms by this reference.
You must accept these Terms in order to use the Web Services. You accept these Terms by signing in or checking a box indicating that you agree, by using the Web Services, or by continuing to use the Web Services after we provide notice of a change to these Terms. By accepting these Terms, you agree to each provision in these Terms, whether or not you have read it. If you are using the Web Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that by accepting these Terms, you are doing so on behalf of that entity.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 15 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO ALL OF THE WEB SERVICES. UNLESS YOU HAVE OPTED OUT IN A TIMELY MANNER, THE ARBITRATION PROVISION REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL BINDING ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Table of Contents
- Covered Web Services
- Your Passwords and Unauthorized Use of Your Account
- Prohibited Uses
- Content on the Web Services
- User Content
- Copyright Infringement
- Proprietary Rights
- Links to the Web Services
- Term and Termination
- Exclusion of Warranties
- Limitation of Liability
- One Year Limitation Period
- Binding Arbitration and Class/Collective/Representative Action/Relief Waiver
- Waiver of Jury Trial
- About These Terms
- Changes to These Terms and the Web Services
1. Covered Web Services
The following websites, apps, and services are covered by these Terms and we refer to them as “Web Services”:
- Comcast and Comcast Business-branded websites and web-based services that link to these Terms such as MyAccount;
- Applications provided by Comcast on third-party platforms that link to these Terms (including such Comcast Business-branded iOS and Android mobile applications), such as Comcast Business Pavilion; and
- Any additional websites, applications, and other web-based products or services that are owned or controlled by Comcast that link to these Terms as the governing terms and conditions.
These Terms do not apply to Comcast Business Internet, Comcast Business TV, Comcast Business Voice, Comcast Business Mobile, any Xfinity product or services, or to other products or services provided by Comcast that do not link to these Terms. These other products and services are subject to their own terms of service and policies and governed by a separate agreement between you and Comcast.
Third-party websites, software, or services may be available through the Web Services, and have their own terms of service that you should read before you use them. Some of these third-party websites, software, or services may contain Comcast or Xfinity branding or co-branding, but we do not operate these properties. We are not responsible for their availability, content, products, or offerings.
You may be required to provide information about yourself in order to use the Web Services. You represent that any registration information you give to us is accurate, complete, and current. You agree to notify us immediately if any of the information that you submit to us changes, including your phone number and email address, which we may use to send you notices about the Web Services. For example, if you use online bill pay, we will send you notices that your online bill has posted. If your email address is not current or you have not provided Comcast with an email address, you might miss online bill postings, but your payment due date will not change.
4. Your Passwords and Unauthorized Use of Your Account
You are responsible for keeping your Web Services account and password(s) safe. You are responsible for controlling access to any computers, mobile devices, gateways, or other endpoints where you store your password, or where you enable a "Remember Me" or similar functionality (an “Activated Device”). You are solely responsible for all activities under your Web Services account. You are also responsible for the activities of any individual with whom you share your Web Services account or an Activated Device, including any members of your household, and any breach of these Terms.
If you learn of any unauthorized use of your password or account, please notify us immediately. To protect your privacy, we recommend logging out of the Web Services after each visit when you are using a public or shared computer, mobile device, or other endpoint.
5. Prohibited Uses
You agree to comply with the following restrictions on use of the Web Services:
- Do not use the Web Services for any unlawful purpose. For example, you will not post, store, send, or share anything that encourages criminal conduct, gives rise to civil liability, or is unlawful, libelous, obscene, threatening, defamatory, pornographic, harassing, hateful, racially or ethnically offensive. You will not post, store, send, reproduce, create derivative works of, distribute, or do anything that infringes the intellectual property rights or other rights of any person or entity. You will not capture, rip, download, or create a copy of any content on the Web Services without any required permission from the content owner.
- Do not use the Web Services to send “spam.” For example, you will not post or distribute “spam,” or unsolicited bulk or commercial messages, on or through the Web Services. You will not send large numbers or copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content. You will not send very large messages or files that disrupt features of the Web Services. You will not start, continue, assist with, or participate in any pyramid scheme or other illegal activity through the Web Services.
- Do not improperly collect information from the Web Services. For example, you will not scrape, collect, or participate in the collection of very large numbers of email addresses, screen names, or other identifiers from the Web Services without prior express written consent. You will not use or participate in the use of software or “spyware” designed to facilitate this activity. You will not collect responses from unsolicited bulk messages posted on or distributed through the Web Services. You will not systematically retrieve data or content from the Web Services to create a collection, compilation, database, or directory, except through APIs or other interfaces specifically provided for this purpose.
- Do not engage in fraud on the Web Services. For example, you will not impersonate any person or entity, falsify your sender address, or forge a digital or manual signature. You will not engage in “phishing” or any similar fraudulent content activity on the Web Services. You will not attempt to use the Web Services under another person’s name or register under another person’s name, or publish falsehoods or misrepresentations. You will not allow another person to access the Web Services using your credentials. You will not manipulate, distort, or undermine the integrity and accuracy of any ratings or reviews of any movie or entertainment program, service, or product presented by the Web Services.
- Do not interfere with the operation and functionality of the Web Services. For example, you will not restrict, inhibit, or otherwise interfere with the ability of any other person to use or enjoy the Web Services. This prohibition applies regardless of your intent, purpose, or knowledge. (This prohibition does not apply to tools for safety and security, such as parental controls.) You will not post or transmit any information or software that contains a worm, virus, or other harmful feature. You will not generate traffic levels sufficient to impede others' ability to use, send, or retrieve information.
- Do not circumvent or attempt to circumvent any method to control access to Web Services. For example, you will not spoof or otherwise impersonate an IP address for your computer. You will not set up a proxy or other device that allows others to access the Web Services through it. You will not access or attempt to access the Web Services through any automated means, including scripts or web crawlers, except through APIs or other interfaces specifically provided for this purpose. You will not violate the instructions in any robots.txt or similar file within the Web Services.
Comcast Business subscribers can find the acceptable use policy that applies to certain Comcast Business services, including Comcast Business Internet, at https://business.comcast.com/customer-notifications/acceptable-use-policy
6. Content on the Web Services
Certain Web Services allow you to access content, information, data, text, video, audio, multimedia, or photographs and other images (the “Content”). This Content may be owned by us, by third parties that give us the right to distribute their Content (like movie studios), or by users of the Web Services (like you).
Subject to your compliance with these Terms, you are permitted to view the Content and to use the Web Services solely for your commercial, non-residential purposes as set forth in these Terms and in accordance with the functionality made available via the Web Services. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content. You must not interfere with any digital rights management mechanism or other content protection measure associated with the Content. In general, you may not distribute copies of the Content in any form (including by email or other electronic means), without any prior required permission from the Content owner. You may not download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit the Content without any required permission. You may not incorporate the Content into any hardware or software application. These restrictions apply even if you intend to give the Content away for free.
7. User Content
You may post materials, information, feedback, suggestions, ideas, submissions, or other content on or to the Web Services (referred to specifically as “User Content,” and also generally as Content). We may link to certain forums, websites, or services, which also include User Content. We are not responsible for your User Content. You are solely responsible for any User Content that you create, transmit, or display using the Web Services, including any losses or damages we may suffer related to User Content. Your User Content must also conform to these Terms (including Section 5) and any community guidelines or comment policies posted on any forum, website, or service. Children under the age of 13 are not permitted to post or contribute any content anywhere on or through the Web Services. The Web Services are not directed to children under the age of 13.
By submitting or posting your User Content, you grant us and our licensees a worldwide, perpetual, royalty-free, and non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute your User Content on, or in connection with, the Web Services or to promote the Web Services. You represent and warrant that you own your User Content or otherwise have the right to grant us the license in this Section.
We retain the right, but not the obligation, to review, remove, or modify any User Content for any reason in our sole discretion without prior notice or liability. By using the Web Services, you may receive Content that you find offensive, indecent, or objectionable. You access Content on the Web Services at your own risk. We make no representation or warranty regarding the effectiveness of any third-party tools or programs that may limit exposure to objectionable material. To learn more about parental controls, click here.
8. Copyright Infringement
Users of the Web Services and copyright owners should refer to the Comcast Digital Millennium Copyright Act (“DMCA”) Policy via https://business.comcast.com/help-and-support/internet/dmca-compliance-policy to learn more about how Comcast handles notifications of alleged copyright infringement and its repeat infringer policy.
9. Proprietary Rights
We (or our licensors) own all legal right, title, and interest in and to the Web Services. This includes any intellectual property rights in the Web Services (whether or not those rights are registered, and wherever in the world those rights may exist). Trademarks used or displayed on the Web Services are owned by us, or by third parties other than us that offer or provide products and services on or through the Web Services. Our trademarks include, but are not limited to, Comcast, the Comcast design logo, Comcast Business, the Comcast Business design logo, Powering Possibilities, and SecurityEdge.
We do not grant you any right to use any of our trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. If we give you an explicit right to use any of these brand features in a separate written agreement, your use of these features must comply with that agreement, any applicable provisions of these Terms, and our brand guidelines as updated from time to time. You are not permitted to use any trade names, trademarks, service marks, logos, domain names, or other distinctive brand features of any company or organization on the Web Services in a way that may cause confusion about the owner or authorized user of such identifying marks.
10. Links to the Web Services
You may link to any of the Web Services, but your link may not state or imply any affiliation, connection, endorsement, or sponsorship, or approval of your site by Comcast.
11. Term and Termination
These Terms apply to all users of the Web Services and will be in effect from the date of your first acceptance of these Terms until the date you or we terminate your use of the Web Services. All representations, warranties, indemnifications, and limitations of liability contained in these Terms will survive termination of these Terms. Any other obligations hereunder will also survive if they relate to the period before termination or if, by their terms, they would be expected to survive termination.
Unregistered Users. If you are an unregistered user of the Web Services, you can stop using the Web Services at any time. Doing so will terminate the applicability of these Terms to you with respect to that Web Service. We reserve the right to restrict, suspend, or terminate your use of any or all of the Web Services and terminate these Terms for any reason, and with or without notice. Because unregistered users are generally unknown to us, in most cases we cannot provide notice.
Registered Users. If you are a registered user of the Web Services, you may terminate your registered user account at any time. Doing so will terminate these Terms with respect to that Web Service. We reserve the right to restrict, suspend, or terminate your registered user account for any or all of the Web Services and terminate these Terms for any reason, and with or without notice.
12. Exclusion of Warranties
TO THE EXTENT PERMITTED BY LAW, THE WEB SERVICES ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND OUR SERVICE PROVIDERS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS, AND BUSINESS PARTNERS (AND EACH OF THEIR AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY, THE “RELEASED ENTITIES”) CANNOT AND DO NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEB SERVICES, INCLUDING ANY CONTENT MADE AVAILABLE THROUGH THE WEB SERVICES. ALL REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED, UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY APPLICABLE LAW.
BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AND CONTENT AVAILABLE THROUGH THE WEB SERVICES, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS CONTENT. YOU RELY ON THE WEB SERVICES (OR ANY CONTENT MADE AVAILABLE THROUGH THEM) AT YOUR OWN RISK. WE AND THE RELEASED ENTITIES CANNOT AND DO NOT WARRANT THAT THE WEB SERVICES WILL OPERATE WITHOUT DELAY, OR CONTINUOUSLY BE AVAILABLE, OR BE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. WE AND THE RELEASED ENTITIES CANNOT, AND DO NOT, WARRANT THAT THE WEB SERVICES WILL MEET YOUR REQUIREMENTS.
13. Limitation of Liability
The limitations of liability in this Section apply to Comcast and its parents, subsidiaries, affiliates, predecessors, successors, and assigns; each of their respective officers, directors, employees, and agents (also “we,” “us,” and “our”); and any of the Released Entities.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT WILL WE OR THE RELEASED ENTITIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM ANY INTERRUPTION IN, OR DISRUPTION TO, THE WEB SERVICES.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT WILL WE OR THE RELEASED ENTITIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, LOSS OF EARNINGS, OR LOST BUSINESS OPPORTUNITIES) (“DAMAGES”), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER WE OR ANY OF THE RELEASED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF, OR RELATING TO, THESE TERMS EXCEED THE GREATER OF: (A) $2,500; OR (B) THREE (3) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO US, PURSUANT TO THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH WILL NOT APPLY TO INJURIES: (X) TO THE BODY OR PERSON; OR (Y) CAUSED BY OUR WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS.
THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTICE TO NEW JERSEY CONSUMERS: THESE LIMITATIONS OF LIABILITY APPLY IN NEW JERSEY.
14. One Year Limitation Period
YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST US MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM.
15. Binding Arbitration, and Class/Collective/Representative Action/Relief Waiver
If you are a user of, or subscriber to, any Comcast Business service (e.g., Comcast Business Internet, Comcast Business TV, Comcast Business Phone, Comcast Business Mobile), please refer to the binding arbitration section of your Comcast Business services agreement, if any, which may apply to any Dispute (as defined in that agreement) between you and Comcast for those services.
If you are not a subscriber to those services, any Dispute (as defined below in these Terms) involving you and Comcast shall be resolved through individual arbitration. In arbitration, there is no judge or jury, and there is less discovery and appellate review than in court. This Section 15 (the "Arbitration Provision") shall be broadly interpreted.
Definitions. The term "Dispute" means any and all claims or controversies arising out of or related to the Web Services, these Terms, or our relationship with you, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims or controversies that arose before these Terms or any prior agreement; (3) claims or controversies that arise after the expiration or termination of these Terms; and (4) claims or controversies that are the subject of purported class, collective, or representative action litigation. As used in this Arbitration Provision, "Comcast" means Comcast Cable Communications, LLC and any of its parents, subsidiaries, and other affiliates, each of their respective predecessors, successors, and assigns, and each of their respective officers, directors, employees and agents; and, “you” means you and any users or beneficiaries of your access to the Web Services.
Exclusions. Notwithstanding the foregoing, Disputes relating to the scope, validity, or enforceability of this Arbitration Provision will not be subject to arbitration.
Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or we may elect to have a Dispute heard in a small claims court if the claim(s) underlying the Dispute is not aggregated with the claim(s) of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
Right to Opt Out. IF YOU DO NOT WISH TO ARBITRATE DISPUTES, YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH COMCAST ARBITRATED BY NOTIFYING COMCAST IN WRITING WITHIN THIRTY (30) DAYS OF YOUR FIRST ACCESS TO OR USE OF THE WEB SERVICES (i) BY VISITING WWW.XFINITY.COM/WEBARBOPTOUT, OR (ii) BY MAIL TO COMCAST, 1701 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103-2838, ATTN: LEGAL DEPARTMENT / ARBITRATION. ANY SUCH 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), AND 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 WEB SERVICES PROVIDED BY COMCAST. IF YOU HAVE PREVIOUSLY OPTED OUT OF ARBITRATION WITH COMCAST, YOU DO NOT NEED TO DO SO AGAIN. ANY OPT-OUTS SUBMITTED AFTER THIS THIRTY (30)-DAY PERIOD WILL NOT BE EFFECTIVE AND ALL DISPUTES WITH COMCAST WILL BE ARBITRATED.
Initiation of Arbitration Proceeding/Selection of Arbitrator.
Initiation of Arbitration Proceeding/Selection of Arbitrator. Before either party initiates an arbitration proceeding, that party must first provide an opportunity to resolve the Dispute by sending the other party a written Notice of Dispute (“Notice”). You may download a Notice form at www.xfinity.com/nod. You may send the completed Notice by U.S. mail to Comcast, 1701 John F. Kennedy Boulevard, Philadelphia, PA 19103-2838 – ATTN: LEGAL DEPARTMENT/ARBITRATION, or submit the completed Notice electronically by following the instructions at www.xfinity.com/nod. Comcast may send you the completed Notice by mail to the address on the account or by email at the email address we have on file for your account. The Notice must include all of the information requested on the Notice form, including, as applicable: (a) the noticing party’s name; (b) the relevant Comcast account number(s) (if any) and the relevant location(s) where are you receiving the Web Services; (c) the Web Services (if any) to which the Dispute pertains; (d) a description of the nature and basis of the Dispute; (e) an explanation of the specific relief sought and the basis for any damages calculations; (f) the noticing party’s signature; and (g) if you have retained an attorney, a signed statement authorizing Comcast to disclose your confidential account records and other information to your attorney if necessary to resolve your Dispute. You and Comcast each agree to negotiate to resolve the Dispute in good faith, and that neither you nor Comcast may initiate an arbitration proceeding unless you and Comcast are unable to resolve the Dispute within 60 days of the other’s receipt of a complete Notice that includes all of the foregoing information. (If Customer or Comcast sends an incomplete Notice, the 60-day good faith negotiation period will begin only after the complete Notice is received by you or Comcast.) Any statute of limitation relevant to a Dispute under applicable law shall be tolled from the date of receipt of a completed Notice, through and including the foregoing negotiation period, and continuing until final resolution of any arbitration proceeding, unless the party providing the Notice of Dispute withdraws or abandons the Dispute at any point, or the arbitration proceeding is withdrawn or dismissed.
Either you or Comcast may initiate an arbitration proceeding by opening a case with the American Arbitration Association - Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-495-4185, www.adr.org under the Commercial Arbitration Rules of the American Arbitration Association “AAA” and sending a demand to the AAA that includes all of the information required in the Notice. Customer may deliver the demand, or otherwise notify Comcast regarding the arbitration proceeding, by mail addressed to 1701 John F. Kennedy Blvd., Philadelphia, PA 19103-2838 - ATTN: LEGAL DEPARTMENT.
Arbitration Procedures. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to the most recent version of its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Comcast about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA Rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, you and Comcast shall agree on a substitute arbitration organization. If you and Comcast cannot agree, you and Comcast shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision, as written, applying the AAA Rules. A single arbitrator will resolve the Dispute. Unless you and Comcast agree otherwise, any arbitration hearing will take place at a location convenient to you in the area where you reside when you notify Comcast of your 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 shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
Waiver of Class, Collective, and Representative Actions/Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED (I) ON A CLASS ACTION, COLLECTIVE ACTION, OR OTHER JOINT OR CONSOLIDATED BASIS, OR (II) 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. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM, AND THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS WAIVER OF CLASS, COLLECTIVE, OTHER JOINT OR CONSOLIDATED, OR REPRESENTATIVE ACTIONS AND RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
Arbitral Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA Rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be Comcast’s responsibility, so long as you have fully complied with the requirements of Section 15 for any arbitration you initiated. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules, and you shall reimburse Comcast for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs. You may only recover your attorneys’ fees and costs in the arbitration if the arbitration is decided in your favor and to the extent that you could have recovered those fees in court in accordance with the law or statute(s) that apply to the case. You and we agree that the parties have a mutual interest in reducing the costs and increasing the efficiency of arbitration, and as such, either party may negotiate with the AAA for lower fees and costs and for streamlined or other procedures designed to reduce the costs and increase the efficiency of arbitration. Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that we are required by law to pay.
Survival. This Arbitration Provision will survive the termination or expiration of these Terms.
16. Waiver of Jury Trial
WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN RELATION TO THE DISPUTE.
You agree to indemnify, defend, and hold harmless us and the Released Entities from and against all claims, losses, expenses, damages, and costs (including reasonable attorneys’ fees and costs) resulting from or in connection with any suits, judgments, and causes of action arising out of: (a) your use of the Web Services and User Content, including any related actual or alleged violation or infringement of contractual rights, privacy, confidentiality, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights; and (b) any actual or alleged breach of these Terms by you or any individual with whom you share your Web Services account or an Activated Device. We reserve the right, at our election, to assume the exclusive defense and control of any matter subject to indemnification by you, including, but not limited to, selection of outside counsel. You agree to cooperate with us in connection with our defense.
18. About These Terms
These Terms constitute the entire legal agreement between you and us for your use of the Web Services, and completely replace any prior agreements in relation to the Web Services.
Upon termination of these Terms for any reason, we (and our suppliers) reserve the right to delete all your User Content, data, files, electronic messages, or other information that is stored on our or our suppliers' servers or systems. We are not responsible for the loss of any such data.
We may decide not to enforce our rights or exercise a remedy under these Terms in certain instances. This will not be a waiver of our rights or remedies.
Our agreement to these Terms is not for the benefit of any third party, except our parent companies, affiliates, subsidiaries, agents, predecessors, and successors in interest.
These Terms, and your relationship with us under these Terms, shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws’ provisions. By using the Web 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 these Terms or the Web Services that are not Disputes subject to the Arbitration Provision above.
19. Changes to These Terms and the Web Services
We reserve the right to change these Terms. If we make a change, we will make the updated Terms available by posting them on https://Business.comcast.com/Web-Services-Terms-of-Service or elsewhere on the Web Services, or through other methods. If we make material changes to these Terms, we may also provide notice by email, direct mail, or via other reasonable methods that we select. You agree that we may provide you with notices, including those regarding changes to these Terms, through any of these communication methods.
We have the right to change the Web Services at any time with or without notice. We may rearrange, delete, add to, or otherwise change Content or other features or functionality of the Web Services. If we do provide notice of these changes, we may use any reasonable means of communication.
If you do not accept a change to the Terms or the Web Services, you have the right to stop using the Web Services and delete your account. You accept the change if you continue using the Web Services after the effective date of the change.