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2. OUR SERVICES
(a) MergeTV. By subscribing to MergeTV, you receive access to and use of: (i) certain software, technology and other intellectual property rights (including all functionality and data contained therein) owned or operated by us (regardless whether available for download directly or indirectly from FOCUS Broadband); (ii) websites owned, operated or otherwise controlled by, or on behalf of, us; (iii) the content accessible by you (e.g., any and all transaction and subscription video, audio, data, interactive, programming, advertising and other content); and (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including to enhance past or then-current MergeTV.
(b) Internet Connection. In order to access and use MergeTV, you must have a FOCUS Broadband internet connection (“Internet Connectivity”). It is your responsibility to obtain and maintain the Internet Connectivity necessary to access and use MergeTV. FOCUS Broadband is not responsible for the amount of data consumed by you in connection with your use of MergeTV. The time it takes to access and use MergeTV (e.g., watching a movie or TV show) will vary based on a number factors, including your location, the quality of your internet connection, the available bandwidth at the time of your request, the format of MergeTV you are attempting to access, the device(s) you use to access MergeTV and other factors outside of our control. FOCUS Broadband makes no representations or warranties about the speed or quality of your watching experience on any device, and reserves the right change the MergeTV service (e.g., the format) based on the specifications of your Internet Connectivity (e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition (“HD”) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve your experience). We suggest that you ensure that your Internet Connectivity, Permitted Device(s) (as defined below) and configuration are compatible with MergeTV and the format thereof.
(c) Devices. Not all devices are compatible, or permissible, for use with MergeTV. For a current list of devices permitted for use with MergeTV (“Permitted Devices”), please review the devices listed at: www.focusbroadband.com/MergeTV. Permitted Devices are manufactured and sold by entities other than FOCUS Broadband, and you will need to obtain such Permitted Device from a third-party provider of such device at your sole cost and expense. In addition, MergeTV, or portions of the functionality thereof, may be “blacked-out” or unavailable on certain Permitted Device(s). By accessing or using MergeTV, you agree to look solely to the third party that manufactured and/or sold you the device for any issues related to such device, the operating system thereon and/or its or their compatibility with MergeTV. FOCUS BROADBAND TAKES NO RESPONSIBILTY WHATSOEVER FOR AND FOCUS BROADBAND DOES NOT WARRANT THE PERFORMANCE OF ANY DEVICE OR GUARANTEE THAT SUCH DEVICE (OR THE APPLICABLE OPERATING SYSTEM OR VERSION) WILL BE (OR REMAIN) COMPATIBLE WITH ANY OF OUR SERVICES.
(e) Programming Content and Restrictions. Portions of MergeTV may be “blacked out” in your viewing area (e.g., local broadcast channels, sporting events and/or other content for which you do not have the rights to access); if you circumvent or attempt to circumvent any of these “blackouts,” then you may be subject to termination of your MergeTV service and to legal action brought by us or third parties. Portions of MergeTV may have additional restrictions and your access to MergeTV will be subject to those restrictions (e.g., you must be at least 18 years of age, or the applicable age of majority where you live, in order to access certain adult-oriented programming).
(f) Network DVR. If you subscribe to MergeTV’s Network DVR functionality, you may save programming on the Network DVR for later viewing. The number of programming hours that can be saved will depend on the level of Network DVR service you purchase. Due to contractual limitations from some of the parties who provide programming to FOCUS Broadband for MergeTV, some programming may not be available to be recorded and saved on the network DVR.
3. ACCESS TO SERVICES
(b) Account Access; Cookies. In order to provide you with ease of access to your Account and help administer MergeTV, FOCUS Broadband or its third party vendors may use technology that enables us to recognize you as an Authorized Customer and to provide you with direct access to your account without requiring you to retype any Login Credentials every time that you access, use, or otherwise revisit MergeTV, including via any Permitted Devices.
(b) No Returns, Credits, or Refunds. YOU UNDERSTAND AND AGREE THAT PAYMENTS ARE NONREFUNDABLE. WE ARE NOT OBILIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY PARTIALLY USED OR UNUSED SERVICE (E.G., TRANSACTIONAL SERVICES NOT DOWNLOADED OR FULLY VIEWED Although not required or obligated, we reserve the right to evaluate or elect to provide credits, refunds, price adjustments or other discount, compensation or recompense, from time to time, and at any time, in our sole and absolute discretion; provided that any such elections to offer any such credits, refund, prices adjustment or other discount, compensation or recompense in one instance does not entitle you to the same or any such benefit in the future for similar or unrelated instances, nor does it create any obligation whatsoever for us to offer such benefit to you or any other user in connection with any past, present, or future request, under any circumstances whatsoever.
5. CUSTOMER SERVICES AND RELATED COMMUNICATIONS
(a) Communications. By signing up for MergeTV, you hereby consent to receive electronic communications from us and other Contributors related to such account and MergeTV. These communications may involve sending emails to the email address you provided during registration, or delivering electronic communications via your Account, and will include notices about your Account (e.g., payment authorizations, password or payment method changes, confirmation emails, notices and other similar or transactional information related to such account); these communications are part of MergeTV and your relationship with us. You agree that any notice, agreements, disclosures, or other communications that we send to you electronically, as described herein, will satisfy any legal communication requirements (e.g., that such communications be in writing and through an appropriate method). You also consent to receiving other electronic communications from us, such as newsletters about new MergeTV features and content special offers, promotional announcements, and customer surveys. If you no longer want to receive certain non-transactional communications via email, please contact Customer Service at 910-754-4311 to indicate that you would like to be removed from future, similar non-transactional communications.
6. INTELLECTUAL PROPERTY
(a) FOCUS Broadband Property. FOCUS Broadband, including any and all content made available in connection with your access and use of MergeTV, is protected by domestic and international copyright, trade secret, trademark, and other intellectual property laws.
7. DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) ALL MERGETV SERVICES WILL BE PROVIDED IN ACCORDANCE WITH THE WARRANTY PROVISIONS CONTAINED IN THE FOCUS BROADBAND’s RESIDENTIAL SUBSCRIBER AGREEMENT FOUND AT www.focusbroadband.com.
(b) CERTAIN OF OUR SERVICES MAY REQUIRE THE USE OF ADDITIONAL DATA, AND THAT ANY INCREASED COSTS, FEES, OR OTHER AMOUNTS DUE TO BE PAID BY YOU AS A RESULT OF ANY INCREASE IN USAGE (E.G., USAGE OF DATA) IN CONNECTION WITH THE SERVICES WILL BE YOUR SOLE RESPONSIBILITY.
(c) WE HEREBY DISCLAIM ANY, AND YOU AGREE THAT WE HAVE, NO OBLIGATION WHATSOEVER TO REPLACE OR SUPPLEMENT ANY SERVICES, PACKAGE OF SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, PACKAGES OR SERVICES AND/OR PORTION OF SERVICES AS A RESULT OF ANY CHANGE.
(d) ANY MEDIA, SOFTWARE OR OTHER MATERIAL OR CONTENT DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEVISION, RECEIVER, DEVICE OR OTHER HARDWARE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAMING OR OBTAINING OF ANY SUCH MEDIA SOFTWARE OR OTHER MATERIAL OR CONTENT. NEITHER FOCUS BROADBAND NOR ANY OTHER CONTRIBUTOR ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, CORRUPT, OR OTHERWISE HARM ANY OF YOUR PROPERTY OR THE PROPERTY OF ANY THIRD PARTY, INCLUDING YOUR SOFTWARE, DEVICE OR OTHER HARDWARE.
8. LIMITATIONS OF LIABILITY
(a) ALL MERGETV SERVICES WILL BE PROVIDED IN ACCORDANCE WITH THE LIMITATION OF LIABILITY PROVISIONS CONTAINED IN FOCUS BROADBAND’s RESIDENTIAL SUBSCRIBER AGREEMENT FOUND AT: WWW.FOCUSBROADBAND.COM.
(b) Force Majeure. WITHOUT LIMITING THE GENERALITY OF ANY OTHER APPLICABLE TERMS AND CONDITIONS, NEITHER FOCUS BROADBAND NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY FAILURE TO PERFORM THAT IS CAUSED BY OR OTHERWISE RESULTS FROM ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, FIBER CUTS, SERVER, INTERNET, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.