Terms and Conditions of Sale
This agreement is subject to binding arbitration.
- The following terms and conditions shall apply to the purchase by Subscriber (“you”, “your”, “Customer” or the “Subscriber”) of a security and/or alarm system, consisting of equipment and related accessories (“Equipment” or “System”) and any interactive and/or alarm monitoring service (the “Service” or “Services”) from Comporium Inc. (“Company”). These terms and conditions of sale create a binding contract between you and Company (the “Agreement”). This Agreement expressly limits your acceptance to these terms and conditions. Any change to these terms and conditions must be in writing signed by an authorized signatory of Company. By ordering any Equipment or Services you acknowledge that you have read and understand the Agreement and agree to be bound by the terms thereof.
- 2. ALARM MONITORING SERVICE. If Subscriber purchases alarm monitoring Services, Company or its Supplier will monitor signals from Subscriber’s System (except for self-monitored Equipment, including but not limited to the Equipment set forth in Section 2.1 below) for twenty-four hours per day seven days per week. If an alarm signal is received from monitored Equipment, Company shall use all reasonable efforts to create two-way voice communication by telephone with an emergency contact provided in writing by the Subscriber to the Company, failing which, or if directed by the contact, Company or its designee shall use all reasonable efforts to dispatch the appropriate emergency authorities. Subscriber agrees to notify Company of Subscriber’s disposition with regards to any signal within twenty-four hours. This Section 2 contains Company’s sole monitoring and response obligations.
- 2.1. SELF-MONITORED SYSTEM/EQUIPMENT. SUBSCRIBER ACKNOWLEDGES AND UNDERSTANDS THAT SELF-MONITORED SYSTEMS AND CERTAIN EQUIPMENT, INCLUDING BUT NOT LIMITED TO VIDEO CAMERAS, DOORBELL CAMERAS AND HOME AUTOMATION EQUIPMENT (INCLUDING LIGHTS, LOCKS, THERMOSTATS) ARE NOT MONITORED BY COMPANY AND COMPANY WILL NOT DISPATCH EMERGENCY AUTHORITIES OR PROVIDE EMERGENCY NOTIFICATION OR ANY OTHER VERFICATION SERVICES COMMONLY PROVIDED WITH SECURITY ALARM SYSTEMS.
- 2.2 Limitation of Technology. Subscriber understands and agrees that for the Services and System to operate properly, Subscriber is required to maintain broadband (“Internet”) (with a level minimum of 512 kbps) and adequate cellular service. Inherent in this System is a failure when the Subscriber’s Internet and/or cellular service fails or there is an interruption in service. In this event, the System and any Services provided hereunder will likewise be interrupted. Subscriber understands and agrees that Company does not control or guarantee either Internet service or cellular coverage. Subscriber also understands and agrees that broadband (Internet) at Subscriber’s location may be wireless and is dependent on what is commonly called wireless local area network. Anytime Subscriber’s wireless local area network is non-operational, the Services and System will likewise be non-operational.
- 2.3 System Communication. Subscriber understands that (a) the System communicates over Internet; (b) Internet service is maintained and serviced solely by the applicable provider; (c) such transmission may be affected by faulty or failed equipment, weather conditions, power outages, upgrade or maintenance work, or other interruptions in service; and (d) any such conditions or changes made to the required transmissions may disrupt communications to or from the System. In some cases, Company may be aware of ongoing issues and may contact you regarding the issue so that it may attempt to resolve the issue; in other cases, Company may not be aware of these sort of transmission issues. In such as case, you understand that it is your responsibility to notify Company. YOU AGREE TO COOPERATE WITH COMPANY TO RESOLVE ANY ISSUES WITH YOUR SYSTEM AND THAT IF YOU DO NOT CONTACT COMPANY OR RESPOND TO ATTEMPTS BY COMPANY TO ADDRESS THE ISSUE, YOUR SYSTEM MAY NOT OPERATE AS INTENDED, SIGNALS FROM THE SYSTEM MAY NOT BE TRANSMITTED, RECEIVED AND/OR MONITORED, EMERGENCY AUTHORITIES MAY NOT BE DISPATCHED, AND NOTIFICATION AND OTHER VERIFICATION SERVICES MAY NOT BE PROVIDED.
- 2.4 Licenses, permits and compliance with law. Subscriber shall comply with all applicable federal, state and local laws, statutes, regulations and ordinances required for installation, use or monitoring of the System and the provision of Services. If the law in your area requires that you hold a license or permit for the installation, use or monitoring of the System, you agree to maintain such a license or permit and to provide Company with the applicable license or permit number upon Company’s request.
- 2.5 Remote and Wireless Access. The Services may include certain remote viewing, access and control features and functionality, including through the use of a Supplier provided mobile application or website. The ability of those features and functionality to work with the System and Services will be dependent upon various factors, some of which may be outside the control of Company, including, but not limited to, faulty equipment or software, faulty transmission systems, limitations inherent in wireless services, power outages, and other factors. Company is not liable if Supplier applications and related features and functionalities fail to work. Access to the Services via wireless device is dependent upon the capabilities in your wireless device and network. Company shall not be liable for issues arising from your access to the Services via a wireless device. Your access to Services from your wireless device is subject to your agreement with your wireless carrier. You are responsible for reviewing and responding to any signals transmitted by the System which are sent to your wireless or other devices, including, but not limited to, contacting emergency authorities directly if you believe that an emergency condition exists.
- 3. SYSTEM/EQUIPMENT. All security Equipment purchased and paid for by Subscriber belongs to the Subscriber, and you do not need to return it to Company at the end of any applicable term. Company may change the equipment required for use of Services provided hereunder, at any time, in its discretion, and may require the removal of Equipment purchased hereunder and/or the installation of new or additional equipment for the continued use of Services and/or the System. YOU UNDERSTAND THAT SOME EQUIPMENT MAY NEED TO BE REPLACED, AT YOUR COST, SO THAT THE SYSTEM AND SERVICES CONTINUE TO OPERATE AS INTENDED. YOU ACKNOWLEDGE THAT IF YOU DO NOT RESPOND TO COMPANY’S RECOMMENDATIONS, YOUR SYSTEM MAY NOT OPERATE AS INTENDED, SIGNALS FROM THE SYSTEM MAY NOT BE TRANSMITTED, RECEIVED AND/OR MONITORED, AND NOTIFICATION AND OTHER VERIFICATION SERVICES MAY NOT BE PROVIDED.
- 3.1 Interactive Services Required. To obtain full functionality of the Equipment and/or System(s) purchased hereunder, including but not limited to certain remote viewing, access and control features, including through the use of Supplier provided mobile applications or websites, Customer will need to subscribe to interactive Services or purchase a Service package that includes interactive Services. Upon termination of the interactive Services provided hereunder, continued functionality of the System and Equipment will require Customer to subscribe to or obtain the same or similar interactive services through one or more third party providers, which may require Customer to purchase additional services and/or additional software, firmware and/or equipment. INTERACTIVE SERVICES DO NOT INCLUDE ALARM MONITORING SERVICES. ALARM MONITORING SERVICES MUST BE PURCHASED SEPERATELY.
- 3.2 Supplemental Smoke Detector(s) (If Any). To the extent Company provides any fire or smoke protection Equipment to you, such Equipment is intended to be supplemental and is not intended to replace any primary fire alarm systems in the premises. Company recommends that you have and maintain a primary fire alarm system from a licensed provider that satisfies building code and fire protection requirements in your area in addition to any supplemental smoke detector(s) you purchase from Company. You are responsible for determining whether your fire/smoke alarm system complies with applicable building code and fire protections requirements in your area, and ensuring that any such system is tested on a weekly basis and working properly.
- 3.3 Limited Warranty. Company agrees to repair or replace at its option any Equipment which, within (1) one year of purchase, is defective due to faulty materials or workmanship. Thereafter, Subscriber shall be responsible for all repair or replacement costs, including labor and material costs, related to the Equipment.
- 4. DISCLAIMER OF WARRANTIES. Company does not represent or warrant that the Services or System may not be compromised or circumvented or that the Services or System will prevent any personal injury, loss of life, or property loss or damage or that the Services or System will in all cases provide the notification which is intended, and the Subscriber has not relied upon any such representation or warranty. The Subscriber acknowledges that any affirmation of fact or promise made by Company or its agents, servants or employees, shall not be deemed to create an express warranty unless included in this Agreement in writing. The limited warranty set forth in Section 3.3 shall not cover defective Equipment that results from use or installation of the Equipment by Subscriber in a manner not in compliance with the Company’s or the manufacturer’s written instructions or industry standards. COMPANY MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES, EQUIPMENT, SYSTEMS OR LICENSED SOFTWARE PROVIDED HEREUNDER. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT, SYSTEMS OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, EQUIPMENT, SYSTEMS OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES.
- 4.1 Additional Equipment Disclaimer. Subscriber acknowledges that Company representative has presented the availability of additional equipment, systems and protections which are available from Company and others for additional charges, but Subscriber has decided not to request or contract for such additional equipment, systems or protections.
- 5. MONTH-TO-MONTH SERVICE TERM; CHARGES/FEES. The Services provided hereunder shall continue on a month-to-month basis until terminated by Subscriber or Company. You agree to pay all charges, fees and expenses associated with the Services and Equipment, including false alarm charges, third party charges, and applicable federal, state and local taxes, permitting and regulatory fees. Subscriber agrees that upon termination of Services, Subscriber shall pay Company in full for the Service fees through the end of the then current monthly service period.
- 6. MEDICAL AND/OR FALSE ALARM CHARGES. In the event of an alarm, Subscriber does hereby authorize Company to seek to notify emergency responders and attempt to obtain assistance. To the extent that any fees or costs result from such notification (such as, without limitation, medical expenses, ambulance charges, false alarm fines, etc.), Subscriber and/or its insurer shall be obligated for and agrees to pay and hold Company harmless for any and all costs and expenses. Subscriber acknowledges its obligation to prevent or reduce false alarms. If there are repeated false alarms at the premises, Company may terminate Services provided under this Agreement. If Company notifies Subscriber of a malfunction which results in repeated false alarms, Subscriber will disconnect the Equipment/System until the malfunction is repaired or replaced. This may result in an interruption of Services and possible additional cost to Subscriber.
- 7. BINDING NATURE. THE TERMS AND PROVISIONS ON ALL PAGES OF THIS AGREEMENT ARE AN INTEGRAL PART OF THIS AGREEMENT AND ARE BINDING ON COMPANY AND SUBSCRIBER. ALL TERMS AND CONDITIONS ON ALL PAGES SHOULD BE READ CAREFULLY.
- 8. ANCILLARY EQUIPMENT AND CHARGES. The Subscriber agrees to supply and pay any charges for 24-Hour 110-volt circuit as required to power the System and the appropriate communications services or other equipment necessary to operate the System. Company shall not be responsible for any costs for parts and/or labor associated with adapting the Subscriber’s internet communications service and equipment for use with the System.
- 9. BATTERY-POWERED DEVICES / SUBSCRIBER’S TESTING OBLIGATION. Some of the Equipment, such as motion detectors, smoke detectors, thermostats, door and window contact transmitters, and other detection sensors may be battery-powered and not connected to the electrical system of the premises. Such detection sensors require batteries to operate. THESE BATTERY-POWERED DEVICES WILL NOT OPERATE IF THE BATTERIES ARE LOW OR DEAD. You are responsible for maintaining and replacing the batteries in these battery-powered devices and you should regularly inspect and test all Equipment weekly to ensure that the System is operating properly and in accordance with your preferences. It is solely the Subscriber’s responsibility to test the operation of the Equipment used in the operation of the System. COMPANY STRONGLY RECOMMENDS THAT YOU READ THE OWNER’S MANUAL FOR ALL EQUIPMENT AND LEARN ABOUT ITS FUNCTIONALITY. THE OWNER’S MANUAL CONTAINS VERY IMPORTANT INFORMATION SUCH AS OPERATING INSTRUCTIONS AND EQUIPMENT TESTING AND MAINTENANCE INFORMATION. YOU SHOULD ALSO READ ALL INSTRUCTIONS, WARNINGS AND OTHER INFORMATION ON THE EQUIPMENT ITSELF.
- 10. DELAYS AND FAILURES. Company assumes no liability for delays or interruption of Services due to strikes, riots, floods, fires, acts of God, pandemics, mechanical or electrical equipment failures or any cause beyond the control of Company. Company may terminate the provision of Services if it cannot maintain transmission privileges and shall not be liable for any damages or penalties as a result of such termination. Company may also cancel this Agreement, without prior notice, in the event its central operating station is destroyed or damaged by a catastrophe and it is impracticable to continue or restore service.
- 11. TERMINATION. Company shall have the right to terminate Services provided hereunder, in whole or in part, upon giving (10) days written notice to Subscriber if any of the following occurs: (i) Subscriber violates any part of this Agreement, (ii) Subscriber fails to pay all fees or charges when due, (iii) Subscriber abandons or sublets the premises where Services are provided or (iv) upon written notice to Subscriber for any other reason or for no reason. Any Sections herein that by their nature should survive the termination of Services, shall survive and be enforceable after termination of Services.
- 12. RELEASE FROM LIABILITY AND WAIVER OF SUBROGATION. Subscriber hereby waives, releases, discharges and agrees to hold Company, its directors, officers, employees and agents harmless from any and all claims, liabilities, damages, losses or expenses arising from or caused by any hazard covered by insurance whether said claim is made by Subscriber or by any other party claiming under or through Subscriber, including any insurer, by way of subrogation or otherwise.
- 13. INDEMNIFICATION FROM THIRD PARTY ACTION. In the event any person not a party to this Agreement, including Subscriber’s insurance company, shall make any claim or file any lawsuit against Company, its officers, employees or agents (“Indemnities”) for any reason whatsoever, including, but not limited to, the operation or non-operation of the Equipment and/or Services, Subscriber agrees to indemnify, defend and hold the Indemnities harmless to the maximum extent allowed by law from any and all claims and lawsuits including the payment of all damages, expenses, costs and attorney’s fees whether these claims and lawsuits are based on alleged intentional conduct, active or passive negligence or strict or product liability on the part of the Indemnities.
- 14. FORCIBLE ENTRY. If Subscriber purchases alarm monitoring Services, Subscriber acknowledges consent for emergency respondees, including but not limited to fire, law enforcement and emergency medical personnel contacted by Company to enter the premises, with force, if necessary. Subscriber does hereby release Company from any and all liability whatsoever as a result of said forcible entry.
- 15. LIMITATION OF COMPANY’S LIABILITY. IT IS UNDERSTOOD THAT COMPANY IS NOT AN INSURER OF PERSON, LIFE, LIMB OR PROPERTY AND THAT ADEQUATE INSURANCE COVERING PERSONAL INJURY, LIFE AND PROPERTY LOSS SHALL BE OBTAINED BY THE SUBSCRIBER AS A CONDITION OF THIS AGREEMENT. SUBSCRIBER ASSUMES ALL RISKS FOR ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY UNDER ANY CIRCUMSTANCES. SUBSCRIBER UNDERSTANDS THAT THE SERVICE IS INTENDED TO REDUCE, BUT NOT ELIMINATE, CERTAIN RISKS. COMPANY IS BEING PAID FOR PROVIDING A SYSTEM DESIGNED TO PROVIDE NOTICE OF THE OCCURRENCE OF CERTAIN EVENTS. THE PAYMENTS YOU MAKE UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE EQUIPMENT AND THE SERVICE, AND TAKE INTO CONSIDERATION THE PROTECTIONS AND LIMITING CONDITIONS AFFORDED TO COMPANY UNDER THIS AGREEMENT. COMPANY AND THE SUBSCRIBER ACKNOWLEDGE THAT THE AMOUNTS BEING CHARGED BY COMPANY ARE NOT SUFFICIENT TO GUARANTEE IN ANY WAY THAT NO LOSS OR DAMAGE WILL OCCUR AND THAT COMPANY IS NOT ASSUMING RESPONSIBILITY FOR ANY PERSONAL INJURY, LOSS OF LIFE, OR PROPERTY LOSS OR DAMAGE WHICH MAY OCCUR EVEN IF DUE TO COMPANY’S NEGLIGENT PERFORMANCE OR WHICH MAY ARISE DUE TO THE FAULTY OPERATION OF THE SYSTEM, THE FAILURE OF SERVICES OR THE FAILURE TO PERFORM SAID SERVICES. COMPANY AND SUBSCRIBER HEREBY AGREE THAT IF, NOTWITHSTANDING THE ABOVE PROVISIONS, THERE SHOULD ARISE ANY LIABILITY WHATSOEVER ON THE PART OF COMPANY, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, IT IS AGREED THAT SUCH LIABILITY SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000). THIS SUM SHALL BE COMPLETE AND EXCLUSIVE AND SHALL BE PAID AND RECEIVED AS AN EXCLUSIVE REMEDY AND NOT AS A PENALTY. THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR, BUT IS NOT LIMITED TO: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND ATTORNEYS’ FEES. IN THE EVENT THAT THE SUBSCRIBER WISHES COMPANY TO ASSUME A GREATER LIABILITY, THE SUBSCRIBER MAY OBTAIN FROM COMPANY A HIGHER LIMIT BY PAYING AN ADDITIONAL AMOUNT PROPORTIONED TO THE INCREASE OF SAID POTENTIAL LIABILITY, BUT SUCH ADDITIONAL OBLIGATION SHALL IN NO WAY BE INTERPRETED TO HOLD OR CONSTITUTE COMPANY AS AN INSURER. ANY REQUEST BY THE SUBSCRIBER FOR A HIGHER LIMIT SHALL BE GIVEN TO COMPANY IN WRITING BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND SHALL BE ENFORCEABLE AGAINST COMPANY ONLY IF MEMORIALIZED IN A SEPARATE WRITTEN AGREEMENT SIGNED BY SUBSCRIBER AND A DULY AUTHORIZED REPRESENTATIVE OF COMPANY.
- 16. THIRD PARTY SUPPLIERS OF EQUIPMENT AND SERVICES - LIMITATIONS OF LIABILITY. At its sole discretion, Company may use one or more subcontractors, suppliers, vendors or licensors (collectively, “Suppliers”) to provide Services, Equipment, Systems and other services. Subscriber agrees and acknowledges that such Suppliers are not insurers and agrees the provisions for RELEASE FROM LIABILITY AND WAIVER OF SUBRIGATION, INDEMNIFICATION FROM THIRD PARTY ACTION and LIMITATION OF COMPANY’S LIABILITY as set forth in this Agreement shall apply for the benefit of all Suppliers, their directors, officers, employees and agents as fully as if they had been specifically named herein in place of “Company” throughout. To the extent permitted by law, the limitations of liability set forth in this Agreement shall apply to the products and services that our Suppliers provide, and shall apply to them and protect such Suppliers in the same manner as it applies to and protects Company. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH ANY THIRD PARTY SUPPLIER BEING RELIED UPON TO PROVIDE SERVICES TO YOU, OR ITS AFFILIATES OR CONTRACTORS, AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND ANY SUPPLIER. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY CELLULAR OR BROADBAND SERVICE PROVIDER AND ITS AFFILIATES AND CONTRACTORS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.
- 17. ASSIGNMENT. It is specifically agreed that the Subscriber shall not be permitted to assign this Agreement without prior written consent of Company and any assignment without such consent shall be without effect and shall be deemed a breach of this Agreement. Company shall have the right to assign this Agreement to any other company engaged in a business similar to that of Company and upon such assignment shall be relieved of any obligations created herein.
- 18. DISPUTE RESOLUTION. Subscriber agrees to attempt to resolve all disputes with Company informally before resorting to arbitration. Subscriber agrees to notify Company of any dispute within fourteen (14) days of discovery by calling Company’s customer service department or an account representative. If Company does not resolve Subscriber’s claim within fourteen (14) days of receiving notice, Subscriber may pursue the claim through binding arbitration as described in this Section. INSTEAD OF SUING IN COURT, SUBSCRIBER AND COMPANY AGREE TO ARBITRATE ANY AND ALL DISPUTES THAT ARISE OUT OF OR IN ANY WAY RLEATE TO: (1) THIS AGREEMENT; (2) ANY OTHER AGREEMENT(S) WITH COMPANY; OR (3) THE SERVICES, EQUIPMENT OR SYSTEM PROVIDED BY COMPANY. YOU AND COMPANY EACH AGREE THAT ANY ARBITRATION WILL BE SOLELY BETWEEN SUBSCRIBER AND COMPANY (NOT BROUGHT ON BEHALF OF OR TOGETHER WITH OTHER INDIVIUDAL CLAIMS). ARBITRATION SHALL BE INSTITUTED BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ROCK HILL, SOUTH CAROLINA, BEFORE A SINGLE ARBITRATOR. IF FOR ANY REASON ANY COURT (AFTER APPEAL) OR ARBITRATOR HOLDS THAT BINDING ARBITRATION IS UNENFORCEABLE, THEN OUR AGREEMENT TO ARBITRATE WILL NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN STATE OR FEDERAL COURT IN THE STATE OF SOUTH CAROLINA. IF SUCH A DISPUTE IS BROUGHT IN COURT, SUBSCRIBER AND COMPANY AGREE THAT ANY LITIGATION WILL BE CONDUCTED BEFORE A JUDGE AND NOT BEFORE A JURY. TO THE EXTENT PERMITTED BY LAW, SUBSCRIBER AGREES NOT TO BRING ANY CLASS ACTION LAWSUIT AGAINST COMPANY OR ANY SUPPLER OR TO BE A REPRESENTATIVE PLAINTIFF OR PLAINTIFF CLASS MEMBER IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING. TO THE EXTENT PERMITTED BY LAW, SUBSCRIBER AGREES THAT NO ARBITRATION DEMAND OR ANY OTHER LEGAL PROCEEDING CONNECTED WITH THE SERVICES, EQUIPMENT OR SYSTEM PROVIDED HEREUNDER SHALL BE BROUGHT OR FILED BY SUBSCRIBER MORE THAN ONE (1) YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM OCCURRED. ALL COSTS AND FEES OF ARBITRATION SHALL BE BORNE EQUALLY BY THE PARTIES.
- 19. GENERAL TERMS. This Agreement shall be governed by the laws of the State of South Carolina, without giving effect to its rules of conflict of laws. This Agreement constitutes the full understanding by and between the parties hereto and may not be amended or modified except in writing and signed by both parties. If any provision or part of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect as if such invalid or unenforceable provision had never appeared herein. Subscriber agrees that Company may scan, image or otherwise convert this Agreement into an electronic format of any nature. Subscriber also agrees that copies of this Agreement from such electronic format are legally equivalent to the original for any and all purposes. Faxed or other electronically generated signatures and initials are binding on the parties as if they are the originals.
Last Updated July 2021
|Comporium, Inc.||Video Vision, LLC|
|Lancaster Telephone Company||Palmetto Cable TV, LLC|
|Fort Mill Telephone Company||Carolina Telecom Services, LLC|
|Citizens Telephone Company||Sylvan Valley CATV Company|
|PBT Communications, Inc.||Community Long Distance|
|PBT Telecom, Inc.||Springboard Telecom, LLC|
|Community Long Distance||Any of their affiliated companies which do business under the name “Comporium”|
|Catawba Services, LLC|
Collection of Personally Identifiable Information
In order to provide you with the best Comporium services, including video, internet, communication, security, and media services, we collect and keep on file certain information about you. The types of information that may be considered personally identifiable information include: name; home, and alternate billing addresses; telephone, social security or driver’s license numbers; credit or bank account data; services you ask to receive; service connection and device information; service preferences or transactions you initiate through your voluntary interaction with the service; our correspondence with you, accounting, maintenance, and repair records; service complaints; home ownership or rental information; and other personally identifiable information that you provide to us or that we may collect to provide our services to you and/or to maintain regular business records.
We may also have a record of the devices that you use to connect to our services in your home, including the location and configuration of these devices and a list of the equipment we installed in your home. We may also collect additional information from you during voluntary interviews or surveys. When Internet subscribers access the Comporium Internet portal page or other Comporium websites, Comporium, its partners and its advertisers may use various software devices to collect information to allow participation in certain online activities or to facilitate online access.
To protect the security of our services, we may also operate network protection features that automatically scan proper subscriber use of the Comporium services and that scan certain electronic addresses, identifiers or communications to protect against spam, viruses, etc. Other than monitoring bandwidth usage, we do not collect additional personally identifiable information, such as browsing history, while utilizing these protection features. While providing you with communication services, Comporium may accumulate information that relates to the number of calls, technical configuration, type, destination, and location of communications services used by you as a Comporium customer.
Use of Personal Information
We use your personal information in connection with legitimate business interests pursued by Comporium, to include without limitation: to make sure you receive the services and products you signed up for; to send your bills to you and credit you for payments; to send you program or service listings, the latest product or service offerings, special announcements, and other information we think you may want; to provide and enhance our services; to help us create, develop, operate, deliver and improve our services, products, content and advertising; to respond promptly to your questions, complaints, and requests for changes in service; for our own tax and accounting purposes; to help anticipate, identify and resolve any service or maintenance problems; to protect the security of our equipment and services; to ensure compliance with applicable laws and compliance with applicable subscriber agreements, policies and terms of service; and to prevent the unauthorized reception of service.
Under federal law, we may not use our cable system to collect personally identifiable information about you without your consent, except as may be necessary to provide you with cable or other services and/or to help us detect unauthorized reception of communications over the cable system. For example, when you interact with certain Comporium services, the cable system may automatically collect certain information on your use of that service. Most of this information is not personally identifiable, and such information is generally used to carry out your particular request. This may include your choice of a designated channel, menu selections or service offerings, such as Video on Demand or pay per view programming. These selections may be linked to your personally identifiable information already stored on our system so we can confirm your entry or transaction and/or confirm proper billing for the selection.
Disclosure of Personally Identifiable Information
Comporium values your privacy and does not sell or otherwise disclose your personally identifiable information for purposes unrelated to the delivery of our products and services, except as described in this policy. We may share your personally identifiable information (a) with our affiliates, subsidiaries and joint venture partners; (b) with our third-party contractors and vendors that are obligated to safeguard your personal information; (c) in connection with your consent; (d) in order to provide services to you or to carry out our business activities; or (e) in order to comply with laws, regulations, valid legal process, or governmental or regulatory requests. These disclosures generally occur as required in connection with the provision of services and products to you, assessing your interest in our services and products, for account management, billing and collection services, surveys, marketing, administration and customization, service maintenance and operations, fraud detection and prevention, legal process, etc.
Sometimes federal law requires that we release personally identifiable information to representatives of government or other lawfully authorized persons. This could include law enforcement, lawyers or other parties in connection with litigation. We will share this information when required by a warrant, court order, administrative subpoena, other legal processes. We may release your information voluntarily if we reasonably believe that an emergency involving danger of death or serious injury justifies releasing your information to a governmental entity.
In some situations, federal law may allow you the opportunity to challenge a governmental agency’s request for a court order to release your personally identifiable information. Federal law also authorizes us to release subscriber content or other communications to local, state, and federal authorities if we become aware of evidence of child pornography, if we unintentionally obtain content or communications that appears related to criminal activity, or if we believe there is an emergency involving death or serious injury.
We are also allowed to release content and communications, such as email account content, to its intended recipient; when it’s necessary to provide our service or to protect our rights or property; or to others with your permission or the consent of the intended recipient of the communications. We may also use or share personally identifiable information about you to protect our employees, services, property, and customers and/or to enforce our rights under our service agreements, terms and policies, in court or elsewhere if necessary.
Collection and Use of Non-Personal Information
We also collect data and information that does not, on its own, permit direct association with any specific individual. Comporium and its third-party contractors may also gather a variety of aggregate customer information. Aggregate information comes from combining information from many customers so that the information can no longer be used to identify individual subscribers. It includes, but is not limited to, the number and frequency of calls into our Customer Service Department, visits to Comporium’s Web site and its different pages, technical service and equipment data, and information about aggregate service and equipment usage for analysis. Comporium and its third-party contractors may collect, use, transfer and disclose non-personal and aggregate information for any purpose.
As explained in more detail below, Comporium may also share with unaffiliated third parties such aggregated statistical information in order to sell advertisements on its services. Comporium does not share your individually identifiable information concerning either our contact with you or any of the services that you purchase from us with unaffiliated third parties.
Length of Information Retention
We will maintain personally identifiable information about you only as long as it is necessary or to comply with laws governing our business. This period of time lasts for as long as you remain a customer and usually continues for up to 10 years thereafter. This allows us to maintain legally required tax and accounting documentation and/or information consistent with our record retention practices. When no longer needed, such information will be destroyed unless there are legitimate pending requests for access to such information.
Voluntary Customer Surveys
We may periodically conduct customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if an unaffiliated third party conducts the survey.
Participation in our customer surveys is voluntary. We take the information we receive from individuals responding to our customer surveys and combine it with the responses of other Comporium customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you and to develop new services and products. This aggregated, non-individually identifying information may be shared with unaffiliated third parties.
At some websites, you can purchase products and services or register to receive materials, such as a catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information. If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number. Though Comporium may provide Internet services to an unaffiliated third party, Comporium has no control over the unaffiliated third party’s use of any personal information you provide when placing such an order with the unaffiliated third party. Please exercise care when doing so.
Comporium displays online advertisements. We only share aggregated, non-individually identifiable information about our visitors and customers. Additionally, in some instances, we use this aggregated, non-individually identifiable information to deliver tailored advertisements. Comporium does not share personal information about its visitors or customers with these advertisers.
Please remember that any information you may disclose in public areas of our websites, on any social media sites, or on the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.
Comporium’s Commitment to Children’s Privacy
Protecting children’s privacy is especially important to us. It is our policy to fully comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Websites can be fun for our younger audience; however, we believe that there is no substitute for proper parental supervision. For further information about tips, tools, age-appropriate or kid-friendly websites, and how to report online trouble, please visit www.getnetwise.org. Finally, Comporium does not actively collect personally identifiable information from children under 13 years of age without the consent of a parent. We recommend that children ask a parent for permission before sending personal information to anyone online.
Comporium’s Commitment to Data Security
We follow industry-standard practices and have security measures in place to protect the loss, misuse, and alteration of the information under our control, as well as to prevent unauthorized access to your personally identifiable information. However, we cannot guarantee that these practices will prevent every unauthorized attempt to access, use, or disclose personally identifiable information. If we determine that your personally identifiable information has been accessed by an unauthorized third party, we will notify you in accordance with federal and local laws.
Customer Proprietary Network Information
If you are a subscriber to Comporium’s Local Phone, Wireless, or Long Distance services, we have access to data known as customer proprietary network information (“CPNI”) which comes from providing this service to you. CPNI includes information such as the telephone numbers you called; the number of calls made or received, the length of calls, and the timing of such calls; and any services you’ve purchased, such as call waiting. We will not use, share, or permit access to your CPNI, except in connection with providing your phone, wireless, long-distance, and related services unless required by law or with your approval. Please note that we are permitted to use your CPNI to initiate, render, bill, and collect for our service; to protect against fraudulent, abusive, or unlawful use of our service; and to provide inbound telemarketing, referral, or administrative services. Additionally, we are also required to cooperate with law enforcement officials under the terms of the Communications Assistance for Law Enforcement Act.
Also, Comporium and its affiliates reserve the right, afforded by law, to use your CPNI to market additional local, long-distance and wireless services to you in the future, if we already provide those services to you.
In instances where Comporium and an affiliate jointly promote service, Comporium may provide the affiliate with certain personal information (such as the name, address, and username of persons who subscribed to the service as a result of the joint promotion) for the exclusive purpose of implementing the promotion and allowing Comporium and its affiliate to assess the results of the promotion. In this instance, personal information may not be used by the affiliate for any other purpose.
If you would no longer like us to use your CPNI to tailor our telecommunication service offerings to your needs, you may opt-out of the use of your CPNI for these purposes at any time, by calling us at one of the contact numbers listed below, emailing us at email@example.com, or visiting your local retail location during normal business hours.
Whatever your decision, we’ll honor it until you inform us otherwise. Your choice won’t affect the quality of service we provide you or impact the products and services to which you currently subscribe. However, restricting your CPNI may prevent us from informing you about new services and future money-saving opportunities. Please note that, for business accounts, the authorized account holder is responsible for informing its users about its privacy practices.
Your Rights Under Federal Law
If you believe that we have collected, used, or shared your personally identifiable information in any way that violates these federal limitations on the collection and release of personally identifiable information, you have the right to bring suit in a federal district court.
If you do not agree with the changes, you have a right to cancel your services. Please remember that you will still be subject to the terms that of any contract you have with Comporium. If you continue to use our services following notice of privacy changes, such usage will constitute your acceptance of and consent to the changes.
|Service Area||Residential Customers||Business Customers||By Mail|
|Rock Hill or Edgemoor||(803) 326-6450||(803) 326-6064||PO Box 470Rock Hill, SC 29731|
|Fort Mill, Tega Cay, or Indian Land||(803) 802-9050||(803) 547-3885||PO Box 470Rock Hill, SC 29731|
|Lancaster, Kershaw, Fort Lawn, or Heath Springs||(803) 416-9229||(803) 416-9131||PO Box 470Rock Hill, SC 29731|
|York, Lake Wylie, o rClover||(803) 326-6450||(803) 326-6064||PO Box 470Rock Hill, SC 29731|
|Brevard, or Rosman||(828) 884-9011||(828) 884-9011||190 E. Main St.Brevard, NC 28712|
|Gilbert, Pond Branch, Wagener, Pelion, Ridge Spring,Lexington, or Batesburg-Leesville||(800) 258-7978 or (803) 894-3121||(800) 258-7978 or (803) 894-3121||1660 Juniper SpringsGilbert, SC 29054|
Right to Review Personally Identifiable Information
You may inspect your personally identifiable information by sending a written request for specific information to us at the following address:
Attn: Regulatory Affairs
PO Box 470, Rock Hill, SC29731
(please include your name, address and telephone number).
Following your request, we will need a reasonable period of time to arrange, locate, and, if necessary, prepare the information for review. In reply, we may arrange an appointment or ask that you come to our business office during regular business hours to review your personally identifiable information we have on file. When you come, you must bring your driver’s license or some other form of photo ID. Comporium reserves the right to charge you for the cost of retrieving and photocopying any documents that you request.
Be sure to tell us if you think personally identifiable information about you in our file is wrong – we will be glad to make appropriate corrections. Depending on the nature of the information, however, we may ask you for documents or other proof that the personally identifiable information we have on file is incorrect.
Limitation of Liability
Comporium assumes no liability, whether in contract or tort, for any direct, indirect, special, consequential or punitive damages, including (without limitation) damages for loss of anticipated profits or revenue or other economic loss in connection with or arising from any act or omission by Comporium, its agents, affiliates, joint venture partners, vendors, independent contractors, or unaffiliated third parties as a result of any act or omission in fulfillment of or in breach of this Policy or the use or disclosure of personally identifiable information. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Returns and Refunds
Free Returns within 60 Days
- If you are not completely satisfied within 60 days of your purchase, please contact us using the link below and we will send you a pre-paid shipping label for your return.
- The Comporium hardware you purchased must not be damaged and in the original packaging upon return. Comporium will then, in its discretion, refund your purchase.
One Year Manufacturer Warranty
- All Comporium hardware is covered by a one year manufacturer warranty. If you have an issue with your hardware and need assistance, please contact our technical support team. After speaking with support, if the technician cannot resolve your issue, a replacement part will be shipped to you along with a pre-paid return shipping label for the original device.
All shipping is 100% free within the United States. International Shipping is not available. Products are usually shipped within 24 business hours via USPS ground.