PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. This is an agreement (“Agreement”) between you and GCI for residential cable television services, equipment, and related services and/or features (“Service”) at the service address specified in your account. The Agreement includes and incorporates the following provisions and, if applicable, the provisions of any Term Agreement (defined below). This Agreement does not apply to GCI customers whose Service terms are regulated by an applicable Tariff.
By signing up for and using the Service, you consent to the terms and conditions set forth in this Agreement. If you do not agree with these terms and conditions, do not use the Service and notify us immediately to cancel Service. This Agreement will remain in effect until the Service is terminated as provided for below. If we allow you to suspend your account for a temporary period, we may extend the term of your Agreement by the length of the temporary suspension.
In compliance with the FCC “Complaint Resolution Procedure” notification requirement, we are pleased to provide you with the following procedures to help us resolve any cable signal problems as quickly as possible. We urge you to call or write us anytime with questions or concerns about your bill, service, equipment hook-up, or any other aspect of the cable television service that we take pride in providing you.
Unless you subscribe to a plan that expressly permits otherwise, you agree to use the Service solely for personal, residential, and non-commercial purposes. You will not use the Company Equipment at any time at an address other than the service address specified in your account without our prior written authorization. You agree and represent that you will not resell or permit another to resell the Service in whole or in part. You will not use or permit another to use the Company Equipment or the Service, directly or indirectly, for any unlawful purpose. Use of the Company Equipment or Services for transmission, communications, or storage of any information, data, or material in violation of any U.S. federal, state, or local regulation or law is prohibited. You acknowledge that you are accepting this Agreement on behalf of all persons who use the Company Equipment or Service at the service address and that you have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement. You further acknowledge and agree that you will be solely responsible for any transactions, including, without limitation, purchases made through or in connection with the Services.
Sometimes the satellites from which we receive much of our programming end up directly between the earth and the sun. This usually occurs during the first weeks of March and October. When this happens, the energy of the sun can overpower the satellite signals for several minutes at a time, resulting in an interruption with your television picture. This disruption generally does not last longer than about 10 minutes a day during this limited “sun outage” period. You understand that we provide all Service on an “AS IS” and “AS AVAILABLE” basis.
You expressly authorize GCI and its outside collection agencies or other agents to contact you in connection with any and all matters relating to unpaid past due charges. We may refer your past due account to a collection agency to collect any amounts past due. You agree that if we incur collection or other legal costs as a result of nonpayment, you will be liable for the total past due amount, any returned check fees, and the costs of collection. These costs include, but are not limited to, any collection agency’s fees, reasonable attorneys’ fees, and arbitration or legal costs upon judgment. THIS STATEMENT OF GCI’S RIGHTS TO PURSUE COLLECTIONS DOES NOT LIMIT OR MODIFY YOUR AGREEMENT TO RESOLVE ALL DISPUTES WITH GCI PURSUANT TO PARAGRAPH 14 BELOW.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE AND COMPANY EQUIPMENT, AS WELL AS THE PURCHASE OR USE OF ANY THIRD-PARTY SERVICE OR PRODUCT PROVIDED BY OR ACCESSED THROUGH THE SERVICE, IS AT YOUR SOLE RISK, AND YOU ACKNOWLEDGE THAT THIS SERVICE AND THE COMPANY EQUIPMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEITHER GCI 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 GCI WILL NOT BE PARTY TO NOR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN SUBSCRIBER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU AND GCI AGREE TO SETTLE ALL DISPUTES BETWEEN US BY BINDING ARBITRATION OR, IF APPLICABLE, IN SMALL CLAIMS COURT PURSUANT TO SMALL CLAIMS RULES. YOU AGREE TO NOTIFY US (AND WE AGREE TO NOTIFY YOU) IN WRITING OF THE NATURE OF THE DISPUTE AT LEAST 45 DAYS BEFORE INITIATING BINDING ARBITRATION OR SMALL CLAIMS COURT ACTION. YOU AND GCI WILL ATTEMPT TO RESOLVE THE DISPUTE INFORMALLY. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE BETWEEN YOU AND GCI THAT CANNOT BE RESOLVED AFTER 45 DAYS WILL BE FINALLY RESOLVED BY A SINGLE NEUTRAL ARBITRATOR IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT (“FAA”). YOU UNDERSTAND THAT THERE IS NO JUDGE OR JURY IN AN ARBITRATION AND THAT YOU WILL HAVE NO RIGHT TO EITHER. YOU ALSO UNDERSTAND THAT THE ABILITY OF PARTIES TO CONDUCT DISCOVERY IS MORE LIMITED IN ARBITRATION THAN IT IS IN COURT. 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. ANY ARBITRATION OR ACTION IN SMALL CLAIMS COURT MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF FOR ANY REASON A DISPUTE IS PERMITTED TO BE BROUGHT IN COURT, WE BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL IN ANY COURT ACTION.
YOU AND GCI ACKNOWLEDGE AND AGREE THAT THE FAA GOVERNS THIS AGREEMENT TO ARBITRATE, THAT THE EXISTENCE AND VALIDITY OF THIS AGREEMENT WILL BE DETERMINED IN ACCORDANCE WITH THE FAA, THAT ANY ARBITRATION BETWEEN YOU AND GCI WILL BE CONDUCTED IN ACCORDANCE WITH THE FAA, AND THAT ANY STATE ARBITRATION STATUTE OR PROCEDURE DOES NOT APPLY. THE ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS RULES, INCLUDING THE AAA'S SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. THE AAA'S RULES ARE AVAILABLE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879. PAYMENT OF ALL FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S RULES. GCI WILL REIMBURSE THOSE FEES FOR CLAIMS TOTALING LESS THAN $10,000 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. GCI WILL NOT SEEK ATTORNEYS' FEES AND COSTS IN ARBITRATION, UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, OR IN PERSON IN THE BOROUGH WHERE YOU LIVE OR AT ANOTHER MUTUALLY AGREED LOCATION.
GCI WILL GIVE YOU AT LEAST 30 DAYS’ ADVANCE NOTICE OF ANY CHANGES TO THIS AGREEMENT OR OUR SERVICE, IF SUCH CHANGE MATERIALLY ADVERSELY AFFECTS YOUR RIGHTS OR OBLIGATIONS UNDER THE AGREEMENT. However, shorter advance notice or no notice may be given if GCI believes that GCI or the Service might be adversely affected if longer notice were given. Notice may be given to you as set forth in Paragraph 16(c). If you do not agree to the amended Agreement, you may terminate the Service by giving us written notice by U.S. Mail within 30 days of the date we notify you. If you use the Service for more than 30 days after we notify you of a change, you agree to the amended Agreement.
Under the Cable Act, we may disclose personally identifiable information without your consent if it is (1) necessary to render service or conduct a related legitimate business activity, (2) required by law, or (3) disclosed as a mailing list (as described below). Unless otherwise noted below, all the personally identifiable information that we collect is used for the business purpose of offering, marketing, rendering, and supporting our services to you. Some persons have access to such information when necessary in connection with our business. People who require access from time to time include our employees; our affiliates; our sales agents; our vendors or contractors that provide services or components to the cable system (such as our installers, accountants, billing and collection service, and consumer and market research firms); our program and program guide providers where applicable; our programmers and broadcasters that will periodically audit subscription information; our equipment suppliers; and representatives of the franchising authority. If we enter into a merger, sale, transfer, or any other reorganization of some or all of our assets, your personally identifiable information may be transferred as part of that transaction. This cable system will not maintain such information after it is no longer necessary for carrying on our business, including record-keeping for tax and accounting purposes. As a subscriber, you may review any personal information held by us that pertains to you if you give us a reasonable period of time to locate and, if necessary, prepare the information for review. (Preparation is sometimes necessary to avoid disclosure of information relating to other subscribers.) If you wish to review your personal information, please contact us to set up an appointment during regular business hours. You may request a correction of any errors in personal information that we collect or maintain pertaining to you.
We are permitted to disclose personally identifiable information to the extent necessary to conduct our business. In addition, the law allows us to disclose your name and address for non-cable service-related mailing lists or other purposes, unless you advise us in writing that you do not wish us to disclose it. However, such disclosures of names and addresses may not include the extent of viewing or other use you make of any service we provide, nor may it disclose the nature of any transaction you make over a two-way system. If you do not wish to have your name and address disclosed, please contact us as described in Paragraph 2 of the GCI Residential Cable TV Terms and Conditions.
We may disclose personally identifiable information without your consent if we are required to do so by law. For example, a governmental entity may seek through valid legal process (such as warrants, court orders, or subpoenas) to obtain personally identifiable information from the cable system concerning you as a cable subscriber. However, we will disclose records revealing your viewing habits only if (1) served with a court order indicating the governmental entity has made a clear and convincing showing of relevance to criminal activity and (2) you have been given an opportunity to contest the order. If we are served with a court order requiring such disclosure to a non-governmental entity, we will inform you before any information is released.
Please call or write us anytime you have question about your service, equipment hook-up, or any other aspect of the cable television service that we proudly provide. If you believe you have been aggrieved as a result of a violation of the Cable Act’s requirements regarding the collection, disclosure, and retention of personally identifiable information, your rights are also enforceable through a civil action seeking damages, attorney’s fees, and litigation costs in addition to other rights and remedies that may be available under federal or other applicable laws. THIS STATEMENT OF YOUR RIGHTS UNDER THE CABLE ACT DOES NOT LIMIT OR MODIFY YOUR AGREEMENT TO RESOLVE ALL DISPUTES WITH GCI PURSUANT TO PARAGRAPH 14 OF THE GCI RESIDENTIAL CABLE TV TERMS AND CONDITIONS.