Agreement for iO TV
THESE CABLEVISION TERMS OF SERVICE GOVERNING YOUR USE OF iO TV INCLUDE A BINDING ARBITRATION PROVISION SET FORTH IN PARAGRAPH 30 WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND PROVISIONS FOR OPTING OUT OF ARBITRATION.
CSC Holdings, LLC ("Cablevision") is pleased to provide its iO TV service ("iO TV" or the "Services") to you in accordance with these terms and conditions, which terms and conditions incorporate and include the General Terms and Conditions of Service and the Cablevision Customer Privacy Notice, as they may be changed from time to time.
Subscriber's use of iO TV shall be deemed acknowledgment that Subscriber has read and agreed to these terms of service. Any user who does not agree to be bound by these terms should immediately stop their use of iO TV and notify the Cablevision Customer Service Department to terminate the account. This is a legal document.
Limitation of Liability: Subscriber expressly agrees that the use of the Services and Equipment, as well as the purchase or use of any third-party service or product provided by or accessed through the Service, is at Subscriber's sole risk and Subscriber acknowledges that this Service and the Equipment are provided "as is" and "as available" for Subscriber's use, without warranties of any kind, whether express or implied. Neither Cablevision nor any third-party provider of services or products, makes any representations or warranties with respect to any product or service offered through the Service, and Cablevision shall not be party to nor responsible for monitoring any transaction between Subscriber and third-party providers of products or services. Unless otherwise specifically provided in this Agreement, Cablevision will not be liable to the Subscriber or to any third party for:
Prohibited Uses and Activities: The Subscriber shall not use Cablevision's Equipment, or the Services for illegal or inappropriate activities or otherwise engage in any illegal or inappropriate activities in their course of dealings with Cablevision, including but not limited to:
Engaging in one or more of these activities may result in termination of this Agreement. This section 24 shall not in any way limit Cablevision's rights of termination pursuant to any other provision of this Agreement.
Arbitration: Except as noted below under "Excepted Claims," any and all disputes arising between You and Cablevision, or related to or arising from your relationship with Cablevision, including the validity, enforceability, or scope of this Arbitration Provision (with the exception of the enforceability of the class action waiver clause), shall be subject to binding arbitration in accordance with this Arbitration Provision.
Resolving your dispute with Cablevision through arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CABLEVISION EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY CABLEVISION IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY EMAILING US AT NOARBITRATION@CABLEVISION.COM OR BY MAIL TO CABLEVISION RESEARCH & SUPPORT, 200 JERICHO QUADRANGLE, JERICHO, NY 11753 ATTN. ARBITRATION. YOUR WRITTEN NOTIFICATION TO CABLEVISION MUST INCLUDE YOUR NAME, ADDRESS, AND CABLEVISION ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH CABLEVISION THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH CABLEVISION OR THE DELIVERY OF CABLEVISION SERVICES TO YOU. IF YOU HAVE PREVIOUSLY NOTIFIED CABLEVISION OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
Because the Service(s) provided to you concerns interstate commerce, the Federal Arbitration Act ("FAA"), not state arbitration law, shall govern the arbitrability of all disputes under this Arbitration Provision. Any state statutes pertaining to arbitration shall not be applicable. You and Cablevision agree that applicable state law or federal law shall apply to and govern, as appropriate, the substance of all claims or causes of action, remedies, and damages arising between You and Cablevision.
The arbitration will be administered by the American Arbitration Association ("AAA"), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the AAA's Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes. If the AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute. If this situation arises, or if the AAA for any reason cannot serve as the arbitration organization, the parties shall agree on a substitute arbitration organization or ad hoc arbitration, which will enforce this Arbitration Provision as to the dispute. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization or ad hoc arbitrator that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern.
A single arbitrator will resolve the dispute between You and Cablevision. Participation in arbitration may result in limited discovery. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information, including subscriber personally identifiable information.
All issues are for the arbitrator to decide, including the scope of this Arbitration Provision, but the Arbitrator is limited and bound by terms of this Arbitration Provision. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Unless you agree otherwise, any arbitration hearings will take place in a location convenient to you in the area where you receive the Service(s). If the amount in dispute is less than $50,000, Cablevision agrees that you may choose whether the arbitration is conducted solely on the basis of documents submitted to the arbitrator on a telephonic hearing, or by an in-person hearing as established by AAA rules.
If an award granted by the arbitrator exceeds $75,000 or includes any form of injunctive relief, either party can appeal that award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (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 that exists under the FAA.
You agree that if You fail to contact Cablevision within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, You waive the right to pursue, in any forum, including arbitration or court, a claim based upon such event, facts or dispute.
YOU AGREE TO ARBITRATE YOUR DISPUTE ON A SOLELY INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. You and Cablevision agree that the other may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. This Arbitration Provision does not permit and explicitly prohibits the arbitration of consolidated or class action disputes. No claim may be brought on behalf of the general public or as a private attorney general or on behalf of other subscribers or similarly situated persons unless the statute you are suing under provides for such actions. No claim subject to arbitration hereunder may be combined with a claim subject to resolution before a court of law.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief. Such injunctive relief may only be awarded to the extent necessary to (i) provide relief warranted by that party's individual claim and (ii) to return that party to the position it occupied before its claim arose. The arbitrator's authority to award injunctive relief is limited solely to the relationship between the claimant and Cablevision. The arbitrator may not award injunctive relief to any person or entity other than the claimant or that would interfere with the operation of the cable system. Further, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
CABLEVISION WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR'S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES.
IF THE ARBITRATION PROCEEDING IS DECIDED IN CABLEVISION'S FAVOR, YOU SHALL REIMBURSE CABLEVISION FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE CABLEVISION FOR ANY OF THE FEES AND COSTS ADVANCED BY CABLEVISION.
IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS' FEES AND COSTS INCURRED IN THAT APPEAL.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, CABLEVISION WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
If the ban on class action or class arbitration contained in this Arbitration Provision is held to be unenforceable, then the sections of this Arbitration Provision requiring arbitration of claims will be unenforceable, and the claim will be decided in court. In that instance, or any instance when a claim between You and Cablevision proceeds to court rather than through arbitration, You and Cablevision each waive the right to any trial by jury through this Agreement.
If any portion of this Arbitration Provision besides the ban on consolidation and class actions is determined to be unenforceable, then the remainder of this Arbitration Provision shall be given full force and effect. The terms of this paragraph of the Arbitration Provision shall survive termination, amendment or expiration of this Agreement.
For purposes of this Agreement, the term "Excepted Claims" shall mean claims (a) relating to a party's intellectual property rights; (b) relating to the unauthorized use, theft, or piracy of products or services; (c) in which the aggregate amount in controversy may be heard in a small claims court in your jurisdiction, in which case either party can proceed to that court; or (d) which a party may bring before a regulatory authority or agency empowered by applicable law, provided, however, that the claim is not a collective or class action or brought on behalf of the general public, as a private attorney general, or in any other representative capacity.
Effective October 1, 2011