Cincinnati Bell CBQ2 MINERVA, Руководство пользователя

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located. At either party’s election, the arbitration shall be held telephonically. As set forth
below, you and we both agree that any arbitration will be solely between you and Cincinnati
Bell, not as part of a consolidated, class-wide, or representative claim (that is, not brought
on behalf of or together with another individual’s claim). An arbitrator may award any relief
or damages (including injunctive or declaratory relief) that a court could award, except an
arbitrator may not award relief in excess of or contrary to what this Agreement provides
and may not order relief on a consolidated, class-wide, or representative basis. Except as
set forth in subparagraph iv, below, if any portion of this arbitration clause is determined
to be inapplicable or invalid by a court, arbitrator, or state or federal agency with proper
jurisdiction, then the remainder shall still be given full force and effect. Judgment on any
arbitration award may be entered in any court having proper jurisdiction. Both you and we
agree that all issues relating to the validity of this agreement to arbitrate will be decided
by a court (including but not limited to the substantive scope of our agreement to arbitrate
or whether consolidated, class-wide, or representative arbitration is allowed), and do not
intend to confer any such powers on an arbitrator.
iii. Costs of Arbitration
For claims of less than $1,000, you will be obligated to pay $25 and we will pay all other
administrative costs and fees. For claims over $1,000 but under $75,000, you will be
obligated to pay your share of the arbitration fees, but no more than the equivalent court
filing fee for a court action filed in the jurisdiction where your billing address is located. For
arbitrations in excess of $75,000, all administrative fees and expenses of arbitration will
be divided equally between you and us. In all arbitrations, each party will bear the expense
of its own counsel, experts, witnesses, and preparation and presentation of evidence at the
arbitration.
iv. Waiver of Class Actions
By this Agreement, both you and we are waiving certain rights to litigate disputes in court.
You and we both agree that any arbitration will be conducted on an individual basis only and
not on a consolidated, class-wide, or representative basis or the like. If for any reason any
court, arbitrator, or state or federal agency with proper jurisdiction holds that this restriction
is unconscionable or otherwise unenforceable, then we both agree: (i) that this agreement
to arbitrate will be invalidated and terminated and the dispute must be brought in court;
and (ii) you and we both waive, to the fullest extent allowed by law, any right to pursue any
claims on a class or consolidated basis or in a representative capacity. In the event that this
arbitration agreement is invalidated and terminated in accordance with this subparagraph
iv, both you and we agree to submit to the jurisdiction of the United States District Court
for the Southern District of Ohio with venue in Cincinnati, Ohio, or in the alternative, to the
jurisdiction of the Hamilton County Court of Common Pleas located in Cincinnati, Ohio.
v. Limitations Period
Any arbitration or legal action with respect to any and all claims or causes of action related
to or arising out of this Agreement must be brought within two years after the cause of
action arises, or within the applicable statutory period of time, whichever is shorter. This
limitations period does not apply to any given cause of action when the statutory limitations
period for that cause of action cannot be waived, restricted or otherwise limited by you.
TERMINATION
Either you or Cincinnati Bell may terminate your Account at any time and for any reason
whatsoever.
Other than disputing your bill in accordance with the “DISPUTE PROCESS FOR BILLING
DISAGREEMENTS” section, your only right with respect to any dissatisfaction with the
Service is to terminate your Account by delivering notice to Cincinnati Bell. Any such notice
of termination will be effective upon its actual receipt by Cincinnati Bell.
If this limitation is ruled inapplicable or invalid by a court, arbitrator, or state or federal
agency with proper jurisdiction, then the remainder of the Agreement shall still be given full
force and effect.
WAIVER
No waiver by either party of any breach by the other party of any of its covenants,
obligations, or agreements under this Agreement and no waiver by either party of any term
or condition of this Agreement shall be a waiver of any subsequent breach or failure or of
any other covenant, obligation, agreement, term or condition, nor shall any forbearance to
seek a remedy for any breach or failure be a waiver of any rights and remedies with respect
to such or any subsequent breach or failure.
SEVERABLE PROVISIONS
In the event any portion of these terms and conditions should be declared invalid by any
court of competent jurisdiction, such invalidity shall not affect the remaining portions
hereof, which shall continue effective.
FIOPTICS / ZOOMTOWN CABLE TELEVISION SUBSCRIBER PRIVACY POLICY
Cincinnati Bell Telephone Company LLC (“CBT”) and Cincinnati Bell Extended Territories
LLC (“CBET”) operate a cable television system that provides subscribers (“Customers,”
“you” or “your”) with cable television programing services, Internet access and phone
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