Goldcomm Agreement for Residential Services
Goldcomm Service(s) will be provided to you on the terms and conditions set forth in this Agreement. We may change our prices, fees and the Service(s) and/or the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to cancel your Service(s). However, if you continue to receive Service(s) after the end of the notice period (the “Effective Date”) of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.
GENERAL TERMS AND CONDITIONS
1. Acceptance of this Agreement
You will have accepted this Agreement and be bound by its terms if you use the Service(s) or otherwise indicate your affirmative acceptance of such terms.
2. Charges and Billings
Charges, Fees, and Taxes You Must Pay. You agree to pay all charges associated with the Service(s) including, but not limited to, installation/service call charges, monthly service charges, state, and local taxes and fees, regulatory recovery fees for municipal, state charges, or any programs in which Goldcomm participates, including, but not limited to, public, educational, and governmental access, universal service, telecom relay services for the visual/hearing impaired, rights of way access, and programs supporting the 911/E911 system and installation, use, or provision of the Services(s). We will provide you with notice and an effective date of any change in our prices or fees, unless the change in price is related to a change in governmental or quasi-governmental taxes, fees, or assessments, in which case we may elect not to provide notice except where required by applicable law. Not all fees apply to all Services(s).
Unless you are subject to a minimum term arrangement, Service(s) are provided to you on a month-to-month basis. YOU MUST PAY, ON OR BEFORE THE DAY WE INSTALL ANY OR ALL OF THE SERVICE(S), THE FIRST MONTH’S SERVICE CHARGES, GOLDCOMM EQUIPMENT CHAGRES, ANY DEPOSITS, AND ANY INSTALLATION CHARGES. Your first bill may include pro-rated charges from the date you first begin receiving Services(s), as well as monthly recurring charges for the next month and charges for non-recurring services you have received. You may be billed for some Service(s) individually after they have been provided to you; these include measured and per-call charges (as explained below) and charges for pay-per-view movies or events, interactive television, and e-commerce. We do not waive our rights to collect the full balance owed to us by accepting partial payment. We will apply the partial payment to the outstanding charges in the amounts and proportions that we determine.
3. For Goldcomm Voice Customers.
If you pay a flat monthly fee for your calling plan, that fee may not cover certain types of calls. You will be billed for these excluded call types on a per-call basis (e.g., operator services) or a measured basis (e.g, international calls). Measured calls are recorded in whole minutes, with partial minutes rounded up to the next whole minute. If your usage charges for Goldcomm Voice exceed typical residential usage charges, we may establish a credit limit for usage charges for Goldcomm Voice features. If you exceed your credit limit, we reserve the right to suspend Goldcomm Voice and require payment for usage charges assessed to your account. Our paper bills for Goldcomm Voice contain only a summary of charges. Detailed information is available on your online user account portal.
4. Late or Non-Payments:
You may be billed fees, charges, and assessments related to late or non-payments if for any reason (a) Goldcomm does not receive payment for the Service(s) by the due date or (b) you pay less than the full amount due for the Service(s). If you fail to pay the full amount due for any or all of the Service(s) then Goldcomm at its sole discretion in accordance with and subject to applicable law may suspend or disconnect any or all of the Service(s) you receive.
SERVICE EQUIPMENT
1. I understand and agree that all equipment converters, decoders, transformers, modems, cable, etc. installed in or on my premises is the property of Goldcomm. I agree that I will not deliberately alter, tamper with or remove the equipment from my premises, and will exercise reasonable care to prevent damage to or loss of equipment. My residence will be available by appointment for the inspection, repair, replacement or removal of this equipment between 8:00 am and 5:00 pm Monday through Friday. In the event that I decide to disconnect this service I agree to give one week’s notice to the business office. I realize that I pay for this service until the equipment is returned. I understand that it is my responsibility to return equipment to the Goldcomm office at 8800 Ferry St. Montague MI 49437 within 30 days of disconnect. If the equipment is tampered with, lost, stolen from me or not returned within 30 days, I agree to pay Goldcomm: One hundred dollars ($100) for each modem, One hundred fifty dollars ($150) for each MTA, Two hundred fifty dollars ($250) for each converter, Two hundred seventy-five dollars ($275) for each DVR, and Twenty-five dollars ($25) for each hand-held remote unit as LIQUIDATED DAMAGES.
2. I also agree to pay, with regard to any unpaid balance due Goldcomm any legal cost of collection, plus one and one half percent (1 ½%) interest per month on the unpaid balance.
3. I further understand that the hand-held remote control unit, which may have been furnished with the converters, is powered by two AAA batteries and may need replacing, Goldcomm would furnish the first batteries at the time of installation. I understand that the purchase and replacement of any batteries in the future will be my responsibility.
4. The charges for this service are due in advance and payable no later than the 10th of the billing month. Service may be restricted, suspended and/or disconnected for failure to pay promptly. Past due charges will be legally collected and there will be a charge to restore service.
5. Deposits: We may require that you provide a deposit prior to or after activation of your Service, which we may apply against any unpaid amount at any time. Deposits will appear on your bills as credits, from which we will deduct our charges. Deposits will not earn interest. Any equipment associated with your Service(s) must be returned prior to release of refund/credit.
6. I (we) hereby acknowledge acceptance of the equipment installed as listed on this document and the installation of service subject to the above conditions.
OTHER CUSTOMER RESPONSIBILITES
1. You represent and warrant that you are at least 18 years of age. During the term of this agreement, you have provided and will provide Goldcomm information that is accurate, complete, and current, including without limitation your legal name, address, telephone number(s), the number of devices on which or through the Service(s) is being used, and payment data. You agree to notify us promptly, in accordance with the terms of this agreement, if there is any change in the information that you have provided to us.
2. In addition to all other Customer responsibilities as set forth in the Agreement, Customer shall be responsible for providing the following: (i) broadband Internet connectivity; (ii) all equipment, software, facilities and/or Internet Protocol (“IP”) connectivity necessary to reach and interoperate with the Service and the Goldcomm network; and (iii) all other equipment, software and other facilities to be installed, including without limitation, routers, IP enabled phones and/or an analog terminal adapters.
3. You agree not to attach or assist any persons to attach any unauthorized device to our cable network, Goldcomm equipment, or the Service(s). If you make or assist any person to make any unauthorized connection or modification to Goldcomm Equipment or Service(s) or any part of our cable network we may terminate your Service(s) and recover such damages as may result from your actions. You also agree that you will not attach anything to the inside wiring which impairs the integrity of our cable network or degrades our cable network’s signal quality or strength or creates signal leakage.
4. Regardless of who installed it, we consider the inside wiring your property or the property of whomever owns the premises. Accordingly, you are responsible for the repair and maintenance of the inside wiring. If you have Goldcomm repair or maintain the inside wiring, we will charge you for that service.
5. We shall not be liable for any inconvenience, loss, or damage resulting from any interruption of Service(s) caused directly or indirectly by weather conditions or other acts of God, or failure or reduction of power. In all other cases of an interruption of the Service(s) you shall be entitled upon a request made within sixty (60) days of such interruption, to a pro rata credit for any Service(s) interruption exceeding twenty-four consecutive hours after such interruption is reported by the customer. Any credits provided by Goldcomm are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Goldcomm.
ACCEPTABLE USE POLICY
Goldcomm Cable TV and Goldcomm Broadband (collectively “Goldcomm”) have established an Acceptable Use Policy (“AUP”) for the protection of Goldcomm and its customers, for use of Goldcomm products and services, including, without limitation, cable modem, Internet (to include Web sites), and cable television services. Goldcomm can be contacted at 1-888-873-3353 regarding any questions you have about this AUP, the company, or the company’s products and services.
Please review the following policies, which will apply to the provisioning and use of the products and services as indicated.
1. Internet Services:
This policy applies regarding your use of any Goldcomm Internet Service (cable modem, wireless or data connection), all Goldcomm Web/Email hosting products, and any Goldcomm Web site (“Internet Service”) and the provision by Goldcomm of such Internet Service to you. By using the Internet Service, you are consenting to be bound by the terms of this AUP.
a. You may not use, or permit the use of, the Internet Service for unlawful purposes or for purposes that Goldcomm finds unacceptable.
b. You may not transmit, post or receive certain material, which includes but not limited to the following: threatening, abusive, libelous, defamatory or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would result in a criminal offense or civil liability, or otherwise violate any local, state, national or international laws or regulations.
c. You may not:
(1) transmit any information or software which contains a virus, worm, Trojan Horse, or other harmful component;
(2) transmit or download any information, software or other material that is protected by copyright or other proprietary right (including trade secret materials), or derivative works thereof, without obtaining permission of the copyright owner or right holder;
(3) transmit any bulk e-mail, whether or not solicited; or
(4) transmit any unsolicited bulk e-mail (also known as “spam”). You agree to indemnify Goldcomm and hold Goldcomm harmless from any and all claims, damages, losses, and expenses (including attorneys’ fees and expenses) resulting from or allegedly resulting from your use of the Internet Service whether or not such use is found to be in violation of any statute, rule or regulation.
d. You may not use the Internet service or facilities for web-hosting, e-mail hosting unless you have made special subscription arrangements with Goldcomm and the usage does not otherwise violate law or regulation.
e. Access to Other Networks. Any time you access another network through the Internet Service, you must comply with that network’s rules and policies. You agree to indemnify Goldcomm and hold Goldcomm harmless from any and all claims, damages, losses, and expenses (including attorney’s fees and expenses) resulting from or allegedly resulting from your access or use of other networks.
f. Control Over Content. Goldcomm provides access to various forms of content that are available over the Internet. Goldcomm does not screen in advance any specific information available over the Internet. Goldcomm reserves the right, but does not assume the responsibility, to block or limit access to general categories of content that Goldcomm deems in its sole discretion to be harmful, offensive, or otherwise in violation of this AUP. Goldcomm disclaims any liability for any act or failure to act with respect to content received over the Internet. It is your responsibility to control access to information that you might find unsuitable. This includes controlling access by minors through your account. By signing up for the Internet Service you acknowledge receiving this disclaimer and agree to hold Goldcomm harmless for language, opinions, discussions or graphics that may be viewed on the Internet Service. Goldcomm has no obligation to monitor the Internet or any service offered via the Internet, including the Internet Service; however, you agree that Goldcomm has the right to monitor electronically, from time to time, and to disclose any information as Goldcomm in its sole discretion deems necessary to satisfy any law, to operate its Internet Service properly, or to protect itself or its subscribers.
g. ELECTRONIC COMMUNICATION PRIVACY ACT (ECPA) NOTICE. In accordance with ECPA, you are hereby notified that Goldcomm does NOT offer the same kind of privacy for e-mail or files that you have for regular paper mail.
h. Goldcomm provides spam and virus email filtering. However this is not a substitute for a customer providing his or her own methods of security and protection. Goldcomm specifically disclaims any liability for any virus or spam received by the customer while connected to a Goldcomm Internet service.
i. Goldcomm subscribers may use facilities accessible through the Goldcomm Internet service, under the following conditions:
(1) No one may attempt to access any facility that will result in the third party charges to Goldcomm.
(2) Any user who believes that someone else has sent news or e-mail under his/her name or site should immediately notify the Goldcomm System Administrator. An email should be sent to [email protected] if you wish to report any abuse.
(3) The System Administrator will maintain the privacy of restricted files or of any user consistent with Goldcomm Internet Terms and Conditions and the Acceptable Use Policy, Goldcomm, however, retains the right to access these files to correct problems, maintain service or investigate possible breach of this agreement, without prior consultation with the user.
(4) The System Administrator has the absolute right to suspend any login at any time without cause or notice if:
(a) A local user or another Internet Service Provider Webmaster or System Administrator complains of extreme abusive behavior by the login user.
(b) The System Administrator judges the login user’s actions to be a threat of immediate harm to any computing facility.
(c) The login user violates, or appears to be in violation of, any provision of the Terms and Conditions or the Acceptable Use Policy.
(5) The customer is responsible for the protection of his/her account and data. The Internet is not a secure system. Goldcomm specifically disclaims any responsibility for the security of the Customer’s account(s) and data stored in Goldcomm facilities.
(6) Use of Information obtained via Goldcomm Internet services is at Customer’s own risk. Goldcomm specifically disclaims any responsibility for the accuracy, privacy or quality of the information received or transmitted.
(7) The sharing of passwords or accounts is strictly prohibited and violators are subject to cancellation of their account(s) without prior notice.
(8) Sending unsolicited e-mail, harassing or threatening e-mail, large volumes of e-mail, excessive cross posting or posting the same article to several newsgroups (spamming) is prohibited. Violations of this rule will result in immediate cancellation of the users account without recourse.
(9) Any attempt to resell Goldcomm Internet Service or otherwise make the Service available to anyone outside the subscribed End User (customer of Goldcomm) premise, the ability to use the Service (for example, through wi-fi or other methods of networking), in whole or in part, directly or indirectly is strictly prohibited.
(10) Goldcomm will use its best efforts to deliver advertised download speeds. However, network usage and other factors may affect the performance of the network and adversely affect the actual speeds a user may experience. Goldcomm makes no guarantees whatsoever of speeds or capacity of its network or what a user may experience.
(11) Goldcomm reserves the right to evaluate on an individual basis the bandwidth or hardware utilization of individual accounts. Excessive bandwidth or hardware utilization that affects the ability of Goldcomm to provide service will result in the account being re-evaluated and may, at the discretion of Goldcomm, require the user to upgrade the account service agreement or to notify the activity creating the excessive use.
The Internet account of any user of the Goldcomm Internet system that violates ANY single one of the above rules will be subject to immediate cancellation.
j. Additional Information regarding Use of the Goldcomm Internet Service: As a user of the Internet Service, you may be assigned an IP address. This address is controlled by Goldcomm and may be provided to you during the time that you use the Internet Service. Any IP addresses assigned to you are controlled by Goldcomm and are not transferable to any other party. You will not be allowed to maintain this IP address if you discontinue your use of the Internet Service.
IF YOU VIOLATE THIS AUP, YOUR INTERNET ACCOUNT MAY BE SUSPENDED OR TERMINATED WITHOUT NOTICE, AND WITHOUT A REFUND, AT THE DISCRETION OF GOLDCOMM.
3. Cable Television Services.
This policy applies regarding your use of any Goldcomm cable television services. Cable television services do not include cable modem services or any broadband service using the cable network. By using any of these services, you are consenting to be bound by the terms of this AUP.
a. Your services may be terminated with or without notice for the following reasons:
(1) Failure to pay the cable television services portion of the monthly bill when due;
(2) Tampering with Goldcomm equipment;
(3) Breach of any contract for cable service between Goldcomm and you; or
(4) Theft of service by tampering with, or knowingly allowing or failing to report knowledge of tampering with, Goldcomm facilities.
b. Services may also be terminated with or without notice for the unauthorized retransmission or reselling of programming content and for violation of programmer restrictions on any programming services in commercial establishments.
c. Where Goldcomm detects signal leakage as described in Title 47, Code of Federal Regulations, Subpart 76.617, Goldcomm shall discontinue service until the problem is corrected.
d. Goldcomm reserves the right, in addition to termination of services, to seek civil or criminal penalties for violations of the terms of this AUP regarding use of cable television services.
4. Policies Applicable to All Services.
a. WARRANTIES. GOLDCOMM MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING. GOLDCOMM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GOLDCOMM WILL NOT BE RESPONSIBLE FOR ANY DAMAGE SUFFERED BY THE CUSTOMER, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, FAILURE TO DELIVER, MISTAKEN DELIVERIES OR SERVICE INTERRUPTIONS. THE USE OF ANY INFORMATION OBTAINED THROUGH THE INTERNET SERVICES IS AT YOUR OWN RISK. GOLDCOMM MAKES NO WARRANTY AS TO THE CONTENT OR ACCURACY OF THE INFORMATION.
b. Limitation of Liability. Goldcomm shall not be liable for any incidental, indirect, punitive, special or consequential damages of any kind including, but not limited to, any loss of use, loss of business, or loss of profit, and regardless of the form of the action, whether in contract, warranty, strict liability or tort, including without limitation, negligence of any kind, and regardless whether a Party was advised, had reason to know, or in fact knew of the possibility of liability. Goldcomm shall not be liable for the acts, omissions or delays imposed by third party vendors. Unless otherwise provided for in this Agreement, any Goldcomm liability to a customer for any damages of any kind under this AUP shall be limited to an out-of-service credit determined by a pro-rated amount equal to the charges due for each twenty-four (24) hour period service has not been satisfactorily provided.
c. Payment of Bills. The customer is responsible for the payment of all charges for facilities and services furnished at the customer’s request. Bills are due when rendered and are payable at locations designated by Goldcomm. Failure to receive a bill does not exempt the customer from the prompt payment of the amount due. A charge will be assessed to a customer account for return of any check or other instrument of payment for insufficient funds.
d. Goldcomm Facilities. The customer will be responsible for damage to facilities of Goldcomm caused by the negligence or willful act of the customer or any customer-authorized user. Goldcomm-owned facilities will, upon termination of service for any cause whatsoever, be returned to Goldcomm in good condition, reasonable wear and tear excepted. The customer shall protect the facilities of Goldcomm used to provide service and located upon the customer’s premises and grounds against other users. Suitable commercial power, power wiring and outlets, housing, heat, light, ventilation and conduit as required for the operation of facilities furnished for the use of a customer in or on their premises and grounds shall be provided, i.e., furnished, installed and maintained, by and at the expense of the customer. No equipment, apparatus, circuit or device not furnished by Goldcomm shall be attached to or connected with the facilities furnished by Goldcomm, whether physically, by induction or otherwise, except as permitted by Goldcomm. In case any such unauthorized attachment or connection is made Goldcomm will have the right to remove or disconnect the same or terminate the service.
e. Miscellaneous. Goldcomm reserves the right to modify this AUP from time to time, which shall become effective upon posting to the Goldcomm Web site located at www.Goldcommcable.com, or its successor site. Continued use of service constitutes acceptance of modifications made to this AUP. If you engage in any activities which cause damage to Goldcomm, its customers, or its suppliers, Goldcomm reserves the right to pursue a claim against you, including, but not limited to, a claim for monetary damages to address economic losses that may occur. Nothing contained in this AUP shall be construed to limit the rights and remedies of Goldcomm, and Goldcomm hereby reserves all such rights and remedies, which may be available to it at law or in equity.
f. Enforceability. In the event that any portion of this AUP is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Any failure by Goldcomm to insist upon or enforce strict performance of any provision of this AUP shall not be construed as a waiver of any provision or right.
This AUP shall be governed by and construed in accordance with the laws of the state where the service is provided, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Goldcomm Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is waived.
911 DISCLAIMER
GOLDCOMM VOICE CUSTOMERS PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY. BY ACTIVATING AND PAYING FOR THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE LIMITATIONS OF GOLDCOMM 911 EMERGENCY DIALING SERVICE, AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 or E911 CALLS.
- 911 SERVICE DOES NOT WORK IF YOU FAIL TO REGISTER OR UPDATE THE 911 SERVICE WITH YOUR CURRENT LOCATION
- 911 SERVICE WILL NOT WORK IF THERE IS AN ELECTRICAL OR INTERNET SERVICE OUTAGE DUE TO ANY CAUSE
- 911 SERVICE WILL NOT WORK IF YOUR SERVICE HAS BEEN CANCELLED BY YOU OR TERMINATED BY GOLDCOMM
- YOU INDEMNIFY GOLDCOMM FOR ANY FAILURE IN THE 911 SERVICE
Most of Goldcomm customers in the U.S., including Alaska and Hawaii, have access to basic 911 or Enhanced 911 (E911) service. Enhanced 911 (E911) service is available for all U.S. customers who register a valid E911 service address.
With E911 service, when you dial 911, your telephone number and registered address is simultaneously sent to the local emergency center assigned to your location, and emergency operators have access to the information they need to send help and call you back if necessary. If you live in locations where the emergency center is not equipped to receive your telephone number and address, you have basic 911. With basic 911, the local emergency operator answering the call will not have your call back number or your exact location, so you must be prepared to give them this information. Until you give the operator your phone number and location, he/she may not be able to call you back or dispatch help if the call is not completed or is not forwarded, is dropped or disconnected, or if you are unable to speak.
As additional local emergency centers become capable of receiving our customers’ telephone number and address information, customers will need to register a valid E911 service address to upgrade the service to E911. Goldcomm will not inform you that new local emergency centers have been added. If your address is not covered by E911 service, Goldcomm advises you to attempt to register your address periodically to determine if a new local emergency center has been added to your area.
Certain customers do not have access to either basic 911 or E911 because there are no local emergency centers in their area or they did not register for an E911 service address. If you do not have access to basic 911 or E911, your 911 call will be sent to the national emergency call center. A trained agent at the emergency call center will ask for the name, telephone number and location of the customer calling 911, and then contact the local emergency center for such customer in order to send help.
Emergency personnel do not receive your phone number or physical location when your 911 call is routed to a national emergency call center. Therefore, you must be prepared to give the operator your phone number and location and any other information that the operator might request. You authorize the national emergency call center to disclose your name and address to the third party or parties involved with providing emergency services to you, including, without limitation, call routers, call centers and local emergency centers.
Notify All Users
Customers are responsible for informing any household residents, guests and other third persons who may be present at the physical location where you utilize the 911 SERVICE of the important differences in and limitations of 911 SERVICE as compared with traditional 911 land line or cell phone service.
Registration of Physical Location Required
For each primary phone number that you use for the Service, you must register with Goldcomm the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any 911 calls you make using the 911 SERVICE may be sent to an emergency center near your old address. You must register your initial location of use when you subscribe to the Service.
Thereafter, you may register a new location by following the instructions from the “911” registration link in your Goldcomm Account Portal. For purposes of the 911 SERVICE, you may only register one location at a time for each primary phone line you use with the Service.
Re-Registration Required if You Change Your Number or Add or Port New Numbers
911 SERVICE does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number and receive confirmation from Goldcomm.
Confirmation of Activation Required
Your 911 SERVICE will not be activated for any phone line that you are using with the Service, unless and until you receive an email from Goldcomm confirming that the 911 SERVICE has been activated for that primary phone number. The activation may take up to three days to complete.
Service Outages
You acknowledge and understand that the Service and 911 Service does not function in the event of power failure. Should there be an interruption in the power supply, the Service and 911 Service will not function until power is restored. A power failure or disruption may require the Customer to reset or reconfigure the Device and other CPE equipment prior to using the Service and 911. You also acknowledge and understand that the Service and 911 Service requires a fully functional broadband connection to the Internet (which is not provided by Goldcomm ) and that, accordingly, in the event of an outage of, or termination of broadband service with or by your Internet service provider (“ISP”) and/or broadband provider, the Service and 911 Service will not function. If there is an interruption in the power supply and/or an ISP/broadband outage, the Service and 911 Service will not function until the power supply is restored and/or the ISP/broadband outage fixed. You acknowledge that Goldcomm is not responsible for any service outage related to the loss of electrical power, connectivity, suspension or termination by your broadband or Internet service provider, the blocking of ports by your broadband or Internet service provider, suspension or termination of your Goldcomm Services/Account or any failures resulting from local or national disasters.
Disclaimer of Liability and Indemnification.
You acknowledge and understand that Goldcomm will not be liable for any Service outage and/or inability to dial 911 using the Goldcomm Service or to access emergency service personnel due to the characteristics and limitation of the Goldcomm Service as set forth in this document. You agree to defend, indemnify, and hold harmless Goldcomm, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service, including those related to the 911 SERVICE.
In addition, Goldcomm does not have any control over whether, or the manner in which, calls using the 911 SERVICE are answered or addressed by any local emergency response center. Goldcomm disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. Goldcomm relies on third parties to assist us in routing 911 SERVICE calls to local emergency response centers and to a national emergency calling center. Goldcomm disclaims any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result.
Neither Goldcomm nor its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the 911 SERVICE unless such claims or causes of action arose from Goldcomm gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Goldcomm , its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorney’s fees) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 SERVICE, incorrectly routed 911 SERVICE calls, and/or the inability of any user of the Service to be able to use 911 SERVICE or access emergency service personnel.
Furthermore, you acknowledge that Goldcomm does not offer Lifeline service, and that if you are not comfortable with the limitations of the 911 SERVICE, Goldcomm strongly recommends that you always have an alternative means of accessing emergency service.
NO WARRANTY; LIMITATION OF LIABILITY
GOLDCOMM MAKES NO WARRANTIES ABOUT THE SERVICE PROVIDED HEREUNDER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GOLDCOMM DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON GOLDCOMM’S BEHALF AND THE CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY OF GOLDCOMM. THE WARRANTY SET FORTH IN THIS SECTION IS THE SOLE AND EXCLUSIVE WARRANTY PERTAINING TO ANY SERVICES OR EQUIPMENT SOLD BY GOLDCOMM HEREUNDER, AND GOLDCOMM AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, REPRESENTATIONS OR GUARANTEES WITH RESPECT THERETO. THIRD PARTY PRODUCED ITEMS ARE PROVIDED AS IS AND WITHOUT WARRANTY. IN NO EVENT SHALL GOLDCOMM (OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING IN ANY MANNER FROM THE AGREEMENT AND/OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION, WHETHER IN CONTRACT OR TORT INCLUDING NEGLIGENCE. GOLDCOMM’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDIES WITH RESPECT TO ANY SERVICE PROVIDED TO CUSTOMER (INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE INSTALLATION, DELAY, PROVISION, TERMINATION, MAINTENANCE, REPAIR, INTERRUPTION, OR RESTORATION OF ANY SUCH SERVICE) OR BREACH OF THE AGREEMENT, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, INDEMNITY OR STRICT LIABILITY, SHALL BE LIMITED TO A MAXIMUM OF A TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO GOLDCOMM IN THE MOST RECENT THREE MONTH PERIOD HEREUNDER. THE PROVISIONS OF THIS SECTION 8 CONSTITUTE AN ALLOCATION OF RISK BETWEEN THE PARTIES AND THE PRICE CHARGED CUSTOMER IS BASED ON SUCH ALLOCATION OF RISK. THE TERMS OF THIS SECTION 8 SHALL SURVIVE THE FAILURE OF AN EXCLUSIVE OR LIMITED REMEDY OR THE TERMINATION OF THIS AGREEMENT FOR ANY REASON. THIS SECTION 8 SURVIVES TERMINATION OF THE AGREEMENT. TO THE EXTENT THAT SUCH TERMS CONFLICT, THE TERMS OF THIS SECTION 8 CONTROL THE TERMS AND CONDITIONS SET FORTH AT WWW.GOLDCOMMCABLE.COM WITH RESPECT TO THE MATTERS SET FORTH HEREIN.
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