Home Entertainment Protection and Support (Residential)
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS, INCLUDING THE WAIVER OF CLASS ACTIONS AND JURY TRIALS. THE AGREEMENT ALSO CONTAINS PROVISIONS FOR OPTING OUT OF ARBITRATION. PLEASE REVIEW IT CAREFULLY.
Home Entertainment Protection & Support is an optional monthly plan available to current residential Optimum Subscribers which includes (a) technical support services for certain home entertainment devices within your immediate household ("Support Services"), (b) access to a protection plan for certain qualifying home entertainment products against failure due to breakdown ("Protection Plan"), and (c) access to the Premier Protection & Support mobile application ("Support App"). The Support Services, Protection Plan and Support App may be referred to, collectively, as "HEPS," the "Services" or the "HEPS Plan."
Subscribers are subject to the following Terms of Service ("TOS") which incorporate and include: the General Terms and Conditions of Service, Agreement for Optimum TV, Agreement for Optimum Internet and Agreement for Optimum Phone, the Customer Privacy Notice, as applicable, and as such may be updated from time to time (collectively, the "Terms of Service"). Except as provided in Section 3, in the event of any conflict between these TOS and the Terms of Service, the Terms of Service shall control.
Subscriber's use of HEPS shall be deemed acknowledgment that Subscriber has read and agreed to this TOS. Any Subscriber who does not agree to be bound by this TOS should immediately stop their use of HEPS and notify the Customer Service Department to terminate the account. This is a legally binding document.
In the TOS: (a) "Optimum," "We," "Us" and "Our" means CSC Holdings, LLC and its respective parents, subsidiaries, branches, affiliates, third-party providers, agents, contractors, employees, successors and assigns; (b) "Subscriber," "You" and "Your" mean an individual who accesses or uses the Services, as well as any person or entity represented by that individual; (c) "Supported Devices" means all the devices within Your immediate household that are capable of receiving and displaying Entertainment Content, and related peripheral devices that deliver Entertainment Content (e.g. streaming media players, Blu-ray/DVD players, etc.), with the exception of the equipment provided and supported by Optimum and other limitations to the Services set forth in Section 2(b) below; and (d) "Entertainment Content" means video content available to You via Your Optimum programming subscription, streaming audio and/or video services (e.g. Spotify®, Apple Music®, YouTube®, Netflix®, Amazon Prime®, Hulu®, etc.), and/or physical media (e.g. Blu-ray disc, DVD, etc.).
- Support Services:
- Supported Devices.
Support Services are available for all Supported Devices.
- Scope of Support Services.
The Support Services only include (a) technical support for the Supported Devices and the operating systems and the operating systems and software applications either thereon or intended to be used thereon for the purpose of receiving and/or displaying Entertainment Content; and (b) technical support for the use of the Supported Devices with other devices and services manufactured to be compatible with the Supported Devices or intended to be connected thereto for the purpose of receiving and/or displaying Entertainment Content. The Services do not include, among other things, (a) technical support for the use of Supported Devices for purposes other than receiving and/or displaying Entertainment Content; (b) assistance with network coverage issues for mobile devices, such as dropped calls/data interruptions; (c) over-the-air updates to operating systems, firmware, or other software; (d) assistance with third-party software or services that are not related to Your Supported Devices; (e) diagnostic support not related to Your Supported Devices; (f) modification of Original Equipment Manufacturer ("OEM") software; (g) installation of third-party software or OEM drivers not supported by Your Supported Devices; (h) home or wireless router/modem or network setup; (i) setup, support or repair of devices other than Your Supported Devices; (j) installation of non-sanctioned applications; or (k) data migration from device to device.
- Commercially Reasonable Efforts.
We will use commercially reasonable efforts to provide you with Support Services. This means that if we are unable to resolve the issue related to your supported device after making commercially reasonable efforts, we have the right and sole discretion to refuse to take further efforts to do so. Additionally, in some instances, we may have limited information from vendors, manufacturers, and developers, and We may not have the ability to obtain the proprietary or other information required to resolve Your issue. Some technical problems that You encounter when using Your Supported Device may be the result of software or hardware errors not yet resolved by the vendors, manufacturers or developers of that software or hardware, in which case We may not be able to resolve Your issue.
- Representations and Authorizations.
When seeking Support Services, you represent that You are the Named Account Holder or an Authorized User on the account, as well as any software on it or any device connected to Your Supported Device. When seeking Support Services, You (a) expressly consent to technical support personnel remotely accessing Your Supported Device and the data thereon through use of software or other means; and (b) authorize Us to effect changes to Your Supported Device, to the extent necessary and acknowledge and agree that such changes may be permanent and irreversible.
- Remote Access.
To receive Support Services, You may be required to download and/or run certain software applications ("Software") on Your Supported Device and/or on any device connected to or used in connection with Your Supported Device. The Software may include remote access tools that allow us to remotely access Your Supported Device and any device connected thereto, as well as the contents thereon. You agree that any remote access of Your Supported Device in connection with providing the Support Services may be recorded for quality control purposes, including video capture of the remote access session. You also agree to comply with the terms and conditions applicable to the Software and, in the event of a conflict between those terms and conditions and these TOS, the Software-specific terms and conditions control, but only with regard to the Software itself. You are prohibited from and agree not to alter or copy the Software or any other materials provided to you as a result of your use of the Support Services.
- Back up.
It is your responsibility to back-up the software and data that is stored on Your Supported Device or devices connected to or used in connection with Your Supported Device, and we are not responsible for any loss, alteration, or corruption of any software or data. We may decline to provide service to you if we determine that You have not taken appropriate back-up measures.
- Supported Devices.
- Cancellation of Service
Subscribers may cancel HEPS at any time. Subscribers may cancel HEPS by calling (888) 705-7171. Cancellation of HEPS is processed in the following manner:
- If a HEPS Subscriber does not use the Protection Plan and cancels HEPS within the first thirty (30) days of the HEPS Plan, Subscriber is entitled to a full refund of the applicable monthly fee.
- If a HEPS Subscriber cancels HEPS after the first thirty (30) days of the HEPS Plan, Subscriber is entitled to a prorated refund of the monthly fee.
- In the event of a conflict between this Section 3 and the Terms of Service, this Section 3 shall control.
- Privacy Practices & Passwords
The Optimum Customer Privacy Notice available here explains our policies with respect to our collection, use and disclosure of information related to or derived from Subscribers' use of HEPS. Please read the privacy notice carefully and completely. It is incorporated by reference into this TOS, and by using HEPS, You consent to our collection, use and disclosure of your information as set forth in that notice or policy. If you know or suspect that the passwords associated with or stored on Your Supported Device have been available to or accessed by anyone as a result of your use of HEPS, You should immediately change or reset those passwords.
- Costs and Data Usage Charges.
In some circumstances, you may need to purchase additional equipment or software to receive the full benefit of HEPS, and you may incur data usage charges when using HEPS. In those circumstances, you are fully and solely responsible for the cost of any such equipment or software and the payment of any such charges.
- Termination by optimum
Optimum may, at its option, terminate this Agreement for any reason whatsoever, including, but not limited to, if Subscriber or any user of Subscriber's account or services violates or breaches this Agreement and/or any Optimum terms of service and agreements incorporated herein by reference, in all cases as determined in Optimum's sole good faith discretion. Additional grounds for termination include, for example, when a Subscriber's credit card issuer refuses a charge or any other payment method fails.
- Violations of this Agreement.
It shall be a violation of this Agreement for Subscriber or any user of Subscriber's account or services (i) to engage in any conduct prohibited by this Agreement (or by any terms and conditions incorporated herein by reference); or (ii) not to engage in conduct required by this Agreement, each case determined in Optimum's sole good faith discretion. In addition, whether or not the conduct set forth below is elsewhere prohibited by this Agreement, it shall be a violation of this Agreement if:
Subscriber or any user of Subscriber's account or services fails to abide by Optimum's rules and regulations or to pay the charges billed;
Subscriber or any user of Subscriber's account or services fails to provide and maintain accurate registration information or the information required in the registration process is or becomes incorrect, absent or incomplete;
Subscriber or any user of Subscriber's account or services engages in any illegal or prohibited activity in connection with their use of any Optimum Service;
Subscriber or any user of Subscriber's account or services harasses, threatens or otherwise abuses any Optimum employee or agent;
Subscriber or any user of Subscriber's account or services refuses to provide Optimum with reasonable access to the service location or refuses to allow Optimum to diagnose and/or troubleshoot a service issue when such access or customer interaction is necessary in order to provide the appropriate customer support; or
Excessive Subscriber use or contact for non-technical support or other customer support not within the scope of the Services, determined in the sole good faith discretion of Optimum.
- Effect of Termination by Altice:
Subscriber agrees that in the event of termination by Optimum, Optimum and all Third-Party Providers shall have no liability to Subscriber or any user of Subscriber's account or services. Failure of Optimum to remove Equipment, if applicable, shall not be deemed an abandonment thereof. Subscriber shall pay reasonable collection and/or attorney's fees to Optimum in the event that Optimum shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
Additionally, unless expressly prohibited by law, Subscriber also understands and agrees that in the event of termination by Optimum, Optimum, in its sole good faith discretion, may decline or reject a new application for service or block access to or use of any component of the Optimum Services by Subscriber or any former user of Subscriber's account or services.
- Disclaimer of Warranties and Limitation of Liability.
- Subscriber expressly agrees that the use of the Services, as well as the purchase, download, or use of any third-party service or product provided by or accessed through the Services, including, but not limited to the Protection Plan and/or Support App, is at Subscriber's sole risk and Subscriber acknowledges that the Services and these third party services, products and materials are provided "as is" and "as available" for Subscriber's use, without warranties of any kind, whether express or implied, including, without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Optimum makes no representations or warranties with respect to any service offered through the HEPS Plan and Optimum shall not be party to nor responsible for monitoring any transaction between Subscriber outside the terms of this TOS.
- Unless otherwise specifically provided in this TOS, Optimum will not be liable to the Subscriber or to any third party for:
- any direct, indirect, incidental, special, punitive or consequential losses or damages, including loss of profits, loss of earnings, loss of business opportunities, failure to transmit or receive any data, loss, misuse or disclosure of data or confidential information, loss of privacy, corruption or loss of data, failure to receive or backup your data (or archived data), and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with the use of the Services or provided third party services by the Subscriber or any other use of the Services including without limitation, any damage resulting from or arising out of the Subscriber's reliance on or use of the Services, or the mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission, or any failure of the Services; and
- any losses, claims, damages, expenses, liabilities or costs (including legal fees) resulting directly or indirectly out of, or otherwise arising in connection with, any allegation, claim, suit or other proceeding based upon a contention that the use of the Services by the Subscriber or a third party infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights or contractual rights of any third party. This limitation applies to the acts, omissions, negligence and gross negligence of Optimum, its officers, employees, agents, contractors, third-party providers, or representatives which, but for this provision, would give rise to a cause of action against Optimum in contract, tort or any other legal doctrine.
The arbitration provision applicable to Optimum Subscribers may be found in Section 22 of the General Terms and Conditions of Service and is hereby incorporated by reference.
- INTELLECTUAL PROPERTY RIGHTS.
You agree that all copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights associated with HEPS are the exclusive property of Optimum or its third party providers, and all such rights not expressly granted to You in this TOS are hereby reserved and retained by Us. If You submit comments or ideas about HEPS, including ways to improve HEPS or other of Our products or services ("Ideas"), You agree that Your submission is gratuitous, unsolicited and without restriction. It does not place Us under any fiduciary or other obligation, and We are free to use the Ideas without compensation to You and/or to disclose the Ideas to anyone on a non-confidential basis. You further acknowledge that Optimum does not, by acceptance of Your submission, waive any rights to use similar or related ideas previously known to Us, or developed by Our employees or obtained from sources other than You.
This TOS and any rights or licenses granted hereunder may not be transferred or assigned by You, but may be transferred or assigned by Optimum, without restriction. Any attempted transfer or assignment in violation of this provision is null and void.
- SEVERABILITY & WAIVER.
If any term of this TOS is found to be invalid or unenforceable, that term should be modified to the extent possible to make it valid or enforceable without losing its intent and purpose. If no such modification is possible, the term should be severed from this TOS. Any failure to enforce a right or term of this TOS shall not be deemed a waiver of that right or term.
- CHOICE OF LAW:
This TOS shall be exclusively governed by, and construed in accordance with, the laws of the State of New York.
- ENTIRE AGREEMENT:
This TOS constitutes the entire agreement between the Subscriber and Optimum for HEPS. No undertaking, representation or warranty made by any agent or representative of Optimum in connection with the Services shall be binding on Optimum except as expressly included herein.
Optimum may, in its sole discretion, change, modify, add or remove portions of this TOS at any time. Optimum may notify Subscriber of any such changes to this TOS by posting notice of such changes on the Optimum website, as applicable, or sending notice via e-mail or postal mail. The Subscriber's continued use of the Services following notice of such change, modification or amendment shall be deemed to be the Subscriber's acceptance of any such modification. If Subscriber does not agree to any modification of this TOS, Subscriber must immediately cease using the Services and notify Optimum that Subscriber is terminating the Services.
Effective: August 1, 2022