b. Our liability for Customer Equipment is limited
YOU UNDERSTAND THAT OPENING, UPDATING, ACCESSING, OR USING CUSTOMER EQUIPMENT IN
CONNECTION WITH THE SERVICES MAY VOID WARRANTIES PROVIDED BY THE MANUFACTURER OR
OTHER THIRD PARTIES. NEITHER WE NOR ANY OF THE RELEASED ENTITIES WILL HAVE ANY LIABILITY
WHATSOEVER AS THE RESULT OF (A) THE VOIDING OF ANY SUCH WARRANTIES, OR (B) FOR ANY DAMAGE,
LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT, EXCEPT DUE TO OUR GROSS NEGLIGENCE
OR WILLFUL MISCONDUCT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY US
OR A RELEASED ENTITY WE WILL PAY, AT OUR SOLE DISCRETION, FOR THE REPAIR OR REPLACEMENT
OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS WILL BE YOUR SOLE AND
EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
c. Our liability for viruses and bugs is limited
Software or applications installed on your Customer Equipment, downloaded to your Customer Equipment, or
available through the Internet may contain viruses or other harmful features. It is your sole responsibility to take
appropriate precautions to protect your Customer Equipment. We may, but are not required to, terminate all
or any portion of the Services if a virus or other harmful feature, bug, or software is present on your Customer
Equipment and/or causes harm to the Services. We may, in our sole discretion, install or run software to check
for viruses and other harmful features, including on your Customer Equipment. We make no representation
or warranty that any virus check software will detect, correct, or resolve any or all viruses. You may incur
additional charges for any service call related to a virus or other harmful feature detected on your Customer
Equipment. WE AND THE RELEASED ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE
TO OR LOSS OF ANY HARDWARE, SOFTWARE, FILES, OR DATA RESULTING FROM A VIRUS, ANY OTHER
HARMFUL FEATURE, OR FROM ANY ATTEMPT TO REMOVE IT.
d. Our liability for certain installations and modifications is limited
As part of the installation process for software and other components of the Services, we may need to
modify system files on Xfinity Equipment or your Customer Equipment. We may make these modifications
in connection with installing software or applications, or allowing access to our online portals. We make no
representations, warranties, or covenants as to whether these modifications or this software will disrupt the
normal operations of the Services or your Customer Equipment, including causing the loss of files. FOR THESE
AND OTHER REASONS, YOU ACKNOWLEDGE AND UNDERSTAND THE IMPORTANCE OF BACKING UP ALL
FILES TO ANOTHER STORAGE MECHANISM. YOU UNDERSTAND AND ACCEPT THE RISKS IF YOU DECIDE
NOT TO BACK UP FILES. WE AND THE RELEASED ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR
ANY DAMAGE TO OR LOSS OF ANY SOFTWARE, FILES, OR DATA RESULTING FROM OUR MODIFICATIONS
TO SYSTEM FILES AND/OR INSTALLATION OF SOFTWARE OR OTHER COMPONENTS OF THE SERVICES.
e. Our liability for other services or equipment is limited
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST US AND THE RELEASED ENTITIES
FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE SERVICES AND ANY OTHER
SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR
INCOMPATIBILITY, YOUR SOLE REMEDY WILL BE TO TERMINATE THE SERVICES IN ACCORDANCE WITH
THIS AGREEMENT.
f. Our liability for disruption of Services is limited
The Services are not fail-safe, and are not designed or intended for use in situations that qualify as “High
Risk Activities.” High Risk Activities include activities requiring fail-safe performance, or where an error or
interruption in the Services could lead to severe injury to businesses, persons, property, or the environment.
High Risk Activities also include vital business or personal communications, or activities where absolutely
accurate data or information is required. You expressly assume the risk of any damages resulting from use of
the Services in connection with High Risk Activities.
We will not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the
Services, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our
immediate control, including (but not limited to) the following: (a) causes attributable to you, your Customer
Equipment, your Premises, your property, or third parties, including our inability to access your Premises or
any third-party negligence or willful misconduct; (b) failure of any signal or satellite, loss of use of poles or
other utility facilities, or any failure or reduction of power; (c) labor disputes, riot or insurrection, war, explosion,
malicious mischief, fire, flood, lightning, earthquake, weather conditions, or other acts of God; or (d) any court
order, law, act, or order of government restricting or prohibiting the operation or delivery of the Services.
In all other cases of an interruption of the Services, you may request a pro rata credit for any Service
interruption exceeding twenty-four (24) consecutive hours after the interruption is reported to us (or another
period of time provided by law). You must request a pro rata credit within 120 days of the Service interruption.
Unless required by law, your pro rata credit will not exceed your fixed monthly charges for the Services that
month. Your pro rata credit will exclude all nonrecurring charges, one-time charges, per-call or measured
charges, regulatory fees, and surcharges, taxes, and other governmental and quasi-governmental fees.
EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, A CREDIT WILL BE YOUR SOLE AND