COMPORIUM TERMS AND CONDITIONS OF SERVICE

This agreement sets forth the terms and conditions under which you (“you” or “Subscriber”), and you on behalf of all members of your household,  all guests, and any other person who uses the services, agree to use the services and equipment provided by Comporium Inc.  All references to “Comporium” means Comporium Inc. and any of its affiliates or subsidiaries providing services to you.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES AND CONTACT COMPORIUM IMMEDIATELY TO TERMINATE THE SERVICES.  YOUR ACCEPTANCE OF THIS AGREEMENT OCCURS IN CONNECTION WITH AND UPON THE EARLIER OF: (A) YOUR SUBMISSION OF AN ORDER FOR ONE OR MORE OF THE SERVICES PROVIDED BY COMPORIUM; OR (B) YOUR USE OF ONE OR MORE OF THE SERVICES PROVIDED BY COMPORIUM.

THESE TERMS AND CONDITIONS OF SERVICE CONTAIN (1) A BINDING ARBITRATION PROVISION, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; (2) A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST COMPORIUM MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED; AND (3) THE RIGHT TO OPT OUT OF THE FOREGOING PROVISIONS.  THESE PROVISIONS AFFECT YOUR RIGHTS UNDER THESE GENERAL TERMS AND CONDITIONS WITH RESPECT TO ALL SERVICES.  SEE SECTION 6 FOR DETAILS ON THESE PROVISIONS.

  1. Comporium’s Responsibilities
    • Properly install the necessary Comporium equipment to provide the services.
    • Maintain the Comporium equipment and services according to reasonable industry standards and according to the terms of this agreement.
    • Provide reasonable advance written notice to you of any changes to the rates, services, or other commercial terms of service. If you do not agree with the changes, you may cancel the services without penalty. However, if you continue to receive the services after the changes take effect, this means you have accepted the changes.
    • Comply with the terms and conditions of this agreement and all laws and regulations applicable to this agreement.
  1. Your Responsibilities
    • Allow Comporium and its representatives to install, replace, or repair the Comporium equipment where the services will be provided.
    • Provide Comporium and its representatives with a safe working environment during any installation, replacement, or repair visit.
    • Timely pay all installation, equipment, service, reconnection, or other rates by the provided due date. Service rates may include taxes, fees, and applicable other charges. If you fail to submit payment by the provided due date, you will be assessed a late fee equal to 1.5% per month on any outstanding balance on your account.
    • Comply with the terms and conditions of this agreement and all laws and regulations applicable to this agreement.
  1. Use of Software and Comporium Equipment
    • To the extent you need licensed software to use services provided under this agreement, you shall have a personal, nonexclusive, and nontransferable license to use such software in object code only and solely to the extent necessary to use the applicable service during the term outlined in this agreement. You agree not to copy, duplicate, reverse engineer, sell, or lease the licensed software.
    • Other provisions in this agreement may give you the right to use certain equipment provided by Comporium. This equipment will be owned by Comporium at all times and must be returned if you terminate this agreement, downgrade the services, or if the services are otherwise disconnected for any reason at any time.
    • If the services are terminated, you agree to return all Comporium equipment within five (5) days of the termination in good operating condition, normal wear and tear excepted, to any Comporium retail store.
    • If you fail to return the Comporium equipment, you agree to pay a charge for each piece of Comporium equipment not returned according to the terms of this agreement.
    • You may not reverse engineer or tamper with the Comporium equipment.
    • You may not attach any unauthorized devices to Comporium equipment. Comporium assumes no responsibility for the condition or repair of any equipment not provided by Comporium. You are responsible for the repair and maintenance of such equipment. Comporium is not responsible or liable for any loss or impairment of service due in whole or in part to a malfunction or defect in equipment not provided by Comporium.
    • You may only use the Comporium equipment to receive the services ordered from Comporium under this agreement.
    • You may not use the services in a way that disrupts or prevents Comporium from providing the services to other customers.
    • Comporium will repair or replace the Comporium equipment at no additional charge as long as the reason for the repair or replacement is not the result of your fault or theft. Comporium does not repair or replace equipment owned by you.
    • By using Comporium equipment, you agree to the service restrictions outlined in this agreement.
    • Comporium is not responsible for the integrity or loss of content or data stored by you in connection with Comporium services.
    • Comporium services may only be used for personal, residential and non-commercial purposes.
  1. Termination of Service
    • You may terminate any service at any time without penalty unless you have agreed to a minimum term for service, in which case you may be responsible for an early termination fee as described in the service agreement.
    • You must provide advance notice to Comporium of your intent to terminate services. You may provide this notice by visiting or calling your local Comporium retail store and requesting termination. Comporium will use all reasonable efforts to process your termination request within twenty-four (24) hours of your visit or call.
    • Upon service termination, you agree to pay Comporium for the portion of the month that services were provided.
    • If Comporium fails to provide any service in a manner consistent with reasonable industry standards, you may terminate the service, as your sole and exclusive remedy, without being subject to an early termination fee. Termination of the service will be your only remedy for Comporium’s failure to provide the service in a manner consistent with reasonable industry standards.
    • Comporium may terminate all services if you fail to adhere to the terms of this agreement.
  1. Disruption of Service
    • Comporium services may be interrupted by regularly-scheduled maintenance or by unanticipated maintenance in response to a service disruption. Comporium will use all reasonable efforts to minimize any and all service disruptions and to notify you in advance if Comporium will require access to your property to complete the necessary maintenance.
    • Comporium services are not fail-safe and are not designed or intended for use in situations regarding guaranteed performance or in which a service disruption could lead to damage to people or property, including the loss of data, profits, earnings, or business opportunities. Comporium is not liable for any loss or damage resulting from a disruption in service, including but not limited to loss of data, profits, earnings, or business opportunities.
    • Neither you nor Comporium are responsible for any delay or failure in service due to causes beyond either party’s control, including but not limited to, fire, flood, explosion, or other catastrophes; any law, order, regulation, action, or request of a Federal, state, or local governmental authority; or strikes, lock-outs, work stoppages, or other labor difficulties.
  1. Dispute Resolution
    • You agree to attempt to resolve all disputes with Comporium informally before resorting to arbitration. You agree to notify Comporium of the dispute within fourteen (14) days of discovery of the service-related issue by visiting or calling your local Comporium retail store. If Comporium does not resolve your claim with fourteen (14) days of receiving notice, you may pursue the claim in arbitration as described in this Section.
    • INSTEAD OF SUING IN COURT, YOU AND COMPORIUM AGREE TO ARBITRATE ANY AND ALL DISPUTES THAT ARISE OUT OF OR IN ANY WAY RELATE TO: (1) THIS AGREEMENT; (2) ANY OTHER AGREEMENT(S) WITH COMPORIUM; OR (3) THE SERVICES PROVIDED BY COMPORIUM. YOU AND COMPORIUM EACH AGREE THAT ANY ARBITRATION WILL BE SOLELY BETWEEN YOU AND COMPORIUM (NOT BROUGHT ON BEHALF OF OR TOGETHER WITH ANOTHER INDIVIDUAL'S CLAIM OR AS PART OF A CLASS ACTION OR REPRESENTATIVE PROCEEDING). IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNENFORCEABLE, THEN OUR AGREEMENT TO ARBITRATE DOESN'T APPLY AND THE DISPUTE MUST BE BROUGHT IN COURT. IF SUCH A DISPUTE IS BROUGHT IN COURT, YOU AND COMPORIUM AGREE THAT ANY LITIGATION WILL BE CONDUCTED BEFORE A JUDGE AND NOT A JURY.
    • TO THE EXTENT ALLOWED BY LAW, YOU AND COMPORIUM EACH WAIVE ANY RIGHT TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON, CLASS OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
    • Subscriber has one (1) year to bring any claim against Comporium. If Subscriber does not bring a claim within one (1) year after the date on which the claim arose, Subscriber waives, to the fullest extent permitted by law, all rights Subscriber has to such claim, and Comporium will have no liability with respect to such claim.
    • YOU MAY OPT-OUT OF THESE DISPUTE RESOLUTION PROVISIONS BY PROVIDING WRITTEN NOTICE TO YOUR LOCAL COMPORIUM RETAIL STORE WITHIN THIRTY (30) DAYS OF COMMENCEMENT OF THE SERVICES. THIS SECTION SHALL SURVIVE ANY TERMINATION OF SERVICES OR TERMINATION OF THIS AGREEMENT.
  1. Privacy
    • Comporium is not responsible for any information provided by you to third parties, and such information is not subject to any provisions of this agreement. You assume all privacy and other risks associated with personally identifiable information you provide to third parties via Comporium services. Comporium will treat your personally identifiable information provided to us in accordance with our current Privacy Policy located at https://www.comporium.com/29707/privacy-policy/ which may be updated from time to time.
  1. Changes to this Agreement
    • The current version of the terms of this Agreement will be available on https://www.comporium.com/terms-and-conditions/ .  From time to time, Comporium may make revisions to this Agreement and to the policies relating to the services provided.  Your continued use of services after notice of the change shall be considered your acknowledgment and acceptance of the changes.  You agree to visit the Comporium website periodically to review the applicable terms of service and related policies.  Subscriber may not modify these terms and conditions or any other terms of service by making any typed, handwritten, or any other changes to it for any purpose. 
  1. Limitation of Liability
    • Comporium’s total liability to you in connection with this agreement, whether in contract, tort, or any other theory of liability at law or in equity, will not exceed in total, the amount you paid for Comporium services over the six-month period immediately before the date of the event giving rise to the relevant claim subject to a maximum of $1,000.
    • Notwithstanding Section 9(a), neither you nor Comporium shall be liable to the other for (1) any loss of profits, business, anticipated savings, or goodwill; (2) loss of opportunity, business interruption, or wasted expenditure; or (3) any special, indirect, or consequential damage or loss whatsoever, arising in connection with this agreement.
    • The limitations in this Section 9 shall not limit your responsibility to pay all properly due charges under this agreement.
    • EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, COMPORIUM PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO COMPORIUM SERVICES, COMPORIUM EQUIPMENT, OR LICENSED SOFTWARE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPORIUM DOES NOT WARRANT THAT COMPORIUM SERVICES, COMPORIUM EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF LATENCY OR DELAY, OR THAT THE COMPORIUM SERVICES, COMPORIUM EQUIPMENT, OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES.
    • This section shall survive any termination of services or termination of this agreement.
  1. Third-Party Claims
    • Comporium agrees at its expense to defend or settle any third party claim against you or to pay all damages that a court awards against you for a claim alleging that a service or equipment provided to you under this agreement infringes any intellectual property right, except if the alleged infringement arises or results from: (i) your content; (ii) modifications to the service or equipment by you; (iii) Comporium’s adherence to your written requirements; or (iv) use of a service or equipment in violation of this agreement.
    • You agree at your expense to defend or settle any third party claim against Comporium or to pay all damages that a court awards against Comporium for a claim that: (i) arises or results from your access or use of the services or equipment; (ii) alleges that a service or equipment infringes any intellectual property right and falls within the exceptions to Section [10(a)]; or (iii) alleges a breach by you of a software license agreement governing software provided in connection with the services.
    • If Comporium is liable to you under Section [10(a)], Comporium may at its option either: (i) procure the right for you to continue to use the service or equipment; or (ii) modify or replace the service or equipment to avoid the infringement.
    • The party seeking defense or settlement of a third-party claim under this Section will provide notice to the other party promptly upon learning of any claim for which defense or settlement may be sought; however, failure to do so will have no effect except to the extent the other party is prejudiced by such delay. The indemnifying party will have control of the defense or settlement, and the indemnified party shall reasonably cooperate with the indemnifying party, provided that the indemnifying party may not enter into a final settlement without the indemnified party’s consent.
  1. Other Miscellaneous Terms
    • You agree to meet any and all minimum technical requirements for the services as outlined in this agreement.
    • By providing a telephone number to Comporium, you consent to receive informational calls or text messages related to your agreement with us.
    • If you order additional services by telephone or other means, acceptance of the new services is subject to the terms and conditions then in effect without further documentation.
    • Security monitoring services are governed by a separate written agreement between you and Comporium. In addition, all businesses related services are governed by a separate agreement between the business and Comporium.  In the event of a conflict between a signed security monitoring agreement or a signed agreement with a business, the signed agreements shall govern.  For all other services provided by Comporium, this agreement shall take precedence over all inconsistent terms and conditions in any other agreement(s) with Comporium.
    • If any term of this agreement is invalid or not enforceable, the term will be severed from this agreement. The remaining terms will still be valid and enforceable. Comporium will work with you to find a replacement for the invalid term.
    • This agreement will be governed by the laws of South Carolina without regard to its conflicts of law provisions. 

SERVICE SPECIFIC TERMS AND CONDITIONS

  1. Voice Specific Terms and Conditions
    • Your physical address is used for purposes of providing 911 emergency services. You agree to the following limitations associated with 911 access via Comporium wireline or voice-over-Internet protocol services.
      • Should you move Comporium equipment from its original location and then attempt to call 911, the emergency call dispatcher will receive the wrong address information.
      • In the case of a complete power loss, network outage, broadband Internet outages or congestion, disconnection of service, or other conditions beyond Comporium’s reasonable control, you may either be unable to access 911 or your access to 911 may be delayed or impaired. Comporium is not liable for any service disruption resulting from power outage.
      • Comporium has no responsibility or liability with respect to 911 dialing.
      • Comporium reserves the right both during the term of this agreement and upon termination to delete your voicemail, call detail, data, files, or information that is stored on Comporium’s system in accordance with our storage policies. Comporium will have no liability resulting from the loss or removal of any such voicemail, call detail, data, file, or other information.
    • All local voice services you receive from Comporium are subject to the terms and conditions of the applicable tariffs, as amended from time to time (“Applicable Local Voice Tariffs”). The Applicable Local Voice Tariffs are available for review by contacting Comporium.
    • All long-distance voice services you receive from Comporium are subject to the terms and conditions of the applicable tariffs, as amended from time to time (“Applicable Long Distance Voice Tariffs”). The Applicable Long Distance Voice Tariffs are available for review by contacting Comporium.
  1. Internet Specific Terms and Conditions
    • You agree to use services provided by Comporium in compliance with Comporium’s Acceptable Use Policy, located at https://www.comporium.com/uploads/legal/internet_acceptable_use_policy.htm. The Acceptable Use Policy may be updated from time to time.
    • The Acceptable Use Policy contains the following prohibition on copyright and trademark infringement for which Comporium reserves the right to suspend or terminate your account:

Copyright or trademark infringement. Using our services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, the unauthorized transmittal of copyrighted software, and the unauthorized uploading and downloading of music and/or video. We reserve the right to suspend or terminate your account upon receipt of notice that you have engaged in such activities, regardless of whether or not infringement has been proven.

  1. Video Specific Terms and Conditions
    • You agree that video programming provided by Comporium will be used solely for your personal use and will not be unlawfully duplicated or distributed.
    • Comporium is not responsible or liable for any programming or information distributed over the cable system unless produced exclusively by Comporium. Comporium is not responsible for any products, merchandise, or prizes promoted on or purchased through the use of Comporium services, unless such products, merchandise, or prizes are provided exclusively by Comporium.
  1. Security System and Monitoring Specific Terms and Conditions
    • In the event you elect and subscribe to Comporium’s event monitoring service, Comporium will monitor your system twenty-four hours per day seven days per week. If a signal is received from the security system, Comporium shall seek to create two-way voice communication by telephone with the “Responders” as designated in writing by Subscriber.  Monitoring and reasonable attempts to contact Responders by telephone are Comporium’s only obligations.   IF YOU DO NOT SUBSCRIBE TO COMPORIUM’S EVENT MONITORING SERVICE, COMPORIUM WILL NOT MONITOR YOUR SECURITY SYSTEM FOR SIGNALS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES OR PROVIDE NOTIFICATION OR OTHER VERIFICATION OR ALERT SERVICES.
    • It is your responsibility to conduct regular tests of the equipment and security monitoring system. Monitoring tests can be done without charge to you by contacting Comporium on weekdays between 5:00 pm and 11:00 pm eastern time.
    • Comporium will, in its sole discretion, repair or replace as its option any part of the system which within one year following installation is defective due to faulty materials or workmanship. Thereafter, you are responsible for labor and material costs involved in any adjustment, repair, or replacement unless you have contracted for Comporium's continuing maintenance service. If you so contract, in exchange for a monthly fee Comporium will provide labor and parts to perform remedial maintenance services on the system. Such services will be performed only when you notify Comporium that services are needed. Comporium will perform no inspections or preventive maintenance and COMPORIUM MAKES NO WARRANTY REGARDING ITS MAINTENANCE SERVICE. The remedies provided herein are Subscriber’s SOLE AND EXCLUSIVE REMEDY  against Comporium with respect to the security system and in lieu of any other remedies available at law, in equity, or otherwise. 
    • Comporium does not represent or warrant that the event monitoring system may not be compromised or circumvented or that the system will prevent any personal injury, loss of life, or property loss or damage or that the 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 Comporium or its agents, servants or employees, shall not be deemed to create an express warranty unless included in this Agreement in writing. COMPORIUM 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 EVENT MONITORING SERVICES, EQUIPMENT OR LICENSED SOFTWARE.  ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT ALLOWED BY LAW.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPORIUM DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT, OR LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF LATENCY OR DELAY, OR THAT THE SERVICES, EQUIPMENT OR LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES.
    • You acknowledge that Comporium's representative has presented the availability of additional equipment, systems, and protections that are available from Comporium and others for additional charges, but you have decided not to request or contract for such additional equipment, systems, or protections.
    • Subscriber understands and agrees that security monitoring requires 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 security system 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 broadband (Internet) portion of the security system will likewise be non-operational.
    • You understand and agree that Comporium is not an insurer of person, life, limb or property and that insurance covering personal injury, life and property loss shall be obtained by the Subscriber if so desired. Comporium is being paid for installing and providing a system designed to provide notice of the occurrence of certain events.  Comporium and Subscriber acknowledge that the amounts being charged by Comporium are not sufficient to guarantee in any way that no loss or damage will occur and that Comporium is not assuming responsibility for any personal injury, loss of life, or property loss or damage which may occur even if due to Comporium’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.  Comporium and Subscriber hereby agree that if notwithstanding the above provisions, there should arise any liability whatsoever on the part of Comporium, its directors, officers, employees or agents, it is agreed that such liability shall be limited to two hundred fifty dollars ($250.00).  This sum shall be complete and exclusive and shall be paid and received as an exclusive remedy and not as a penalty.
    • At its sole discretion, Comporium may assign, subcontract, purchase, or otherwise arrange for alarm equipment, monitoring services, or other services called for under this Agreement to be provided by a third party. You agree and acknowledges that such third-party provider or providers of alarm equipment, monitoring services, or other services are not insurers and you agree that all terms and conditions of this agreement shall apply for the benefit of such third parties, their directors, officers, employees, and agents as fully as if they had been specifically names herein in place of Comporium.
    • You agree that you cannot assign this Agreement without prior written consent of Comporium and any assignment without such consent shall be without effect and shall be deemed a breach of this Agreement. Comporium shall have the right to assign this Agreement to any other company engaged in business similar to that of Comporium and upon such assignment shall be relieved of any obligations under this Agreement.