This Terms of Use Agreement ("Terms") constitutes anagreement between you and CableCompare.com (or "we," "us," "our") and govern your use of our website, and any products or services made available from time to time by means of our website (collectively, the "Services"). By using our website or Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms and our Privacy Policy, which is incorporated herein by this reference.
PLEASE READ THESE TERMS CAREFULLY INCLUDING THE BINDING ARBITRATION PROVISION IN SECTION 13, WHICH INCLUDES A WAIVER OF CLASS ACTIONS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS COMPELLED INFORMATION DISCLOSURE (REFERRED TO AS "DISCOVERY") AND APPELLATE REVIEW THAN IN COURT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF USE SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THIS WEBSITE OR THESE SERVICES.
We may, in our sole discretion, modify or revise these Terms at any time by updating this webpage and posting a notice across our website. Your continued use of our Services, including our website, after we make and provide notices of the changes is deemed to be acceptance of those changes, so please visit this page periodically to review the Terms. All references, protections, benefits, and limitations of liability set forth in these Terms applicable to CableCompare.com apply equally to our affiliates.
The information provided through our website and/or any advice and/or comments made by our agents or employees are only intended to educate and assist users, visitors and applicants of our Services. The information we provide is for informational purposes only and it is not meant to be a substitute for advice from certified legal or financial professionals.
We do not guarantee the effectiveness, safety, or legality of the information provided or the third party products or services offered through our website. You should exercise as much caution as you typically would exercise with any purchase of products or services when using our Services. You should always seek advice from qualified advisors and read and understand all enrollment and third party materials carefully. The fact that you are matched with a third party provider using our Services does not suggest an endorsement of that third party or service by CableCompare.com.
CableCompare.com provides a matching service that allows you to input your information to receive quotes or calls from third parties directly offering Internet and related services to provide you with a convenient and fast method for evaluating your options and making informed decisions. We do not offer or directly provide the Internet services advertised on our website. There is no charge to you for the use of our Services to match with a third party provider.
We seek to connect consumers with companies that provide a variety of services. Statements relating to potential results from these third party services may apply to one type of service but not the other. Any financial or other relationship entered into between you and any third party provider that arose from information generated or accessed through our Services is solely between you and the third party. We are not a party to any agreements that you enter into with such third parties, and we are not responsible for any transaction that may occur between you or any third party provider that advertised their services through our website. You acknowledge and agree that the use of our Services is solely for the purposes provided herein and not for any other purpose, including advertising or competitive intelligence. You agree that we may screen your requests and have the right (but not the obligation) in our sole discretion to deny any request that is in violation of these Terms. We reserve the right to change or discontinue, without notice to you, any of the features, content, or applications of the Services, including our website.
By using our Services, you expressly waive any claim against us that relates to the quality of any third party services, products, or programs that we match you with and you understand that we are not responsible for the quality or effectiveness of any of the third party services that you ultimately select. We make no express or implied warranty or representation, nor are we liable for any direct, indirect or consequential damages arising from or in connection with respect to any of the programs, services, or products accessed through our Services.
If you have a dispute with any of our suppliers, vendors, or the third parties who advertise through our Services, you must address such dispute with that third party directly. We value our users and are committed to providing you with a positive experience. If you are not satisfied with our Service, please email us at: contact@cablecompare.com to discuss your concerns.
When you use our Services, including our website, you may be prompted to disclose certain information about yourself in order to be matched with our third party providers. This information will be sent to such third parties with whom you match in order for them to respond to your requests for service quotes and/or information. You promise and agree that you will only complete a service quote request for yourself and that you are at least 18 years of age. You agree that all information that you provide using our Services will be accurate, current, and truthful to the best of your knowledge. If you provide any information that is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we reserve the right to refuse to provide you with our Services. You are responsible for any use of the Services by persons with whom you share or provide access to, whether intentionally or negligently, your account. By accepting these Terms, you consent to our use and disclosure of your information, including your personal information, in accordance with our Privacy Policy.
By submitting your information to us, including your phone number, you expressly consent to be contacted by CableCompare.com and our employees, representatives, and agents. You acknowledge and understand that these contacts, telephone calls, emails, letters, and faxes are made pursuant to your request for communications and Services. These communications are necessary so that that we may provide the Services set forth on our site that you requested, to service your account, to reasonably address matters pertaining to your account or for any other reasonable purposes related to our business.
You also agree and authorize us to share your information, including your phone number, with one or more of the third party companies with whom you are matched. You authorize and agree that such third party companies and their employees, representatives, and agents may contact you by email, telephone, or mail regarding your request for information. By providing your phone number, you expressly consent to receive telephone calls from such third party providers, including without limitation, any autodialed or prerecorded phone call to the number you provided, which could result in charges to you, regardless of whether your contact information appears on any federal or state Do Not Call Registry.
In using our Services, you agree that you will not:
If it is determined or suspected by us, in our sole discretion, that you are misusing or attempting to misuse or circumvent our Services or systems, or are using or attempting to use our Services for any inappropriate purpose, including but not limited to hacking, fraud, advertising, spamming, we reserve the right, in our sole discretion, to immediately terminate your access without notice and take legal action to seek appropriate remedies and/or damages, including, but not limited to, lost revenue, legal fees, costs and expenses, and seek injunctions or other equitable remedies.
CableCompare.com, its affiliates and/or third parties own the website, Services, and content, including any and all graphics, photographs, images, artwork, text, fonts, software and other intellectual property that comprises our Services (collectively, "Content"). The Content is protected by copyright, trademark and other intellectual property laws in the United States and elsewhere. We authorize you to view and download a single copy of the Content on our website solely for your personal, non-commercial use. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without our written permission.
Our website and Services link to third party websites that are not under our control. We are not responsible for the content of any third party website that is linked to our Services, and you should direct any concerns regarding such website to their respective site administrators or webmasters.
You agree to defend, indemnify, and hold CableCompare.com and its affiliates harmless from and against all third party claims, demands, suits, actions, judgments, losses, costs, damages including, but not limited to, direct, indirect and consequential damages, attorney's fees and expenses that CableCompare.com and our affiliates may sustain or incur by reason of your use or misuse of the Services or the use or misuse of the Services by anyone else through your account including, but not limited to, use or misuse of the Services (i) in violation of applicable laws or regulations or these Terms, or any other agreement or policy of CableCompare.com; (ii) in connection with any claims for infringement of any intellectual property rights arising from or in connection with such use or misuse; or (iii) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible property (including data).
THE SERVICES AND ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND. CableCompare.com AND ITS SUPPLIERS AND VENDORS DO NOT WARRANT THAT (i) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATION. CableCompare.com AND ITS SUPPLIERS AND VENDORS MAKE NO EXPRESS WARRANTIES REGARDING THE SERVICE, SOFTWARE, AND THE WEBSITE, AND WAIVE ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, SOFTWARE, AND/OR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CableCompare.com OR THROUGH OR FROM THE SERVICES AND/OR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CableCompare.com AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS AND VENDORS (COLLECTIVELY "CCC PARTIES") WILL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS IN CONNECTION WITH THE SERVICES RESULTING FROM: (I) USE OF THE CableCompare.com WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN; (II) SECURITY BREACHES; (III) EAVESDROPPING; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; (IV) YOUR RELIANCE ON OR USE OF THE SERVICES; (V) INTERRUPTIONS (INCLUDING DUE TO MAINTENANCE), DELETION OF FILES, ERRORS, OR DEFECTS REGARDLESS OF WHETHER YOUR DATA IS MAINTAINED ON THE OUR SERVERS OR YOUR DEVICE(S); (VII) DELAYS IN OPERATION, TRANSMISSIONS, CORRUPTION OF DATA, INVALID DESTINATIONS OR ANY FAILURE OF PERFORMANCE OF THE SERVICES; (VIII) USE OF THE SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES A THIRD PARTY'S COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OTHER INTELLECTUAL PROPERTY, PROPRIETARY, OR CONTRACTUAL RIGHTS; OR (IX) ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY THIRD PARTY PRODUCTS, SERVICES OR INFORMATION OR THE MERCHANTABILITY OF SUCH ITEMS (INCLUDING ANY SUCH ITEMS OFFERED THROUGH THE WEBSITES LINKED FROM THE CableCompare.com WEBSITE)
THE FOREGOING LIMITATIONS APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF THE CCC PARTIES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST ANY CCC PARTY IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR EXCLUSIVE AND ONLY REMEDIES UNDER THESE TERMS ARE AS EXPRESSLY SET FORTH IN THESE TERMS.
THE CUMULATIVE LIABILITY OF ANY CCC PARTY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES, INCLUDING THE WEBSITE, WILL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT PAID BY YOU TO CableCompare.com FOR YOUR USE OF THE SERVICES DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.
YOU MAY HAVE OTHER RIGHTS UNDER CERTAIN LAWS IN CERTAIN STATES WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
These Terms and any claim or action related directly or indirectly to these Terms shall be governed by the laws of the State of Georgia, whether sounding in contract or in tort or any other legal theory, without regard to the conflict of law provisions.
Our website and the Services are only offered to persons residing in the United States. If you create an account to use our Services and/or are using our website as a visitor from outside the United States, you agree to these Terms and our Privacy Policy, and you consent to the transfer and processing of all your Personal Information in accordance with our Privacy Policy and United States data protection and privacy laws. Please be aware that United States law where we may store and process your information may offer different levels of protection for information than the laws that may be available in your country.
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. These Terms require the use of arbitration to resolve disputes and otherwise limit the remedies that are available to you in the event of a dispute.
If we are unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of courts of general jurisdiction. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
CableCompare.com and you agree to resolve all disputes and claims between us through binding arbitration by the American Arbitration Association ("AAA"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to "CableCompare.com," "we," and "us" include our subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Services under these Terms or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court rather than by arbitration if the claim qualifies for small claims court in a location where jurisdiction and venue over
CableCompare.com and you is proper. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering into this agreement, you and CableCompare.com are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this provision.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). A Notice to CableCompare.com should be addressed to: CableCompare.com, 980 Hammond Drive NE, Suite 400 Atlanta, GA 30328, Attn: Legal Department (Arbitration) ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). A Notice to you will be addressed to the billing address or contact email address that we have on file for you.
The amount of any settlement offer made by CableCompare.com or you will not be disclosed to the arbitrator in any arbitration between us until after the arbitrator determines the amount, if any, to which you or CableCompare.com is entitled.
If CableCompare.com and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, you or CableCompare.com may commence an arbitration proceeding.
You may initiate an arbitration by filing a claim form with the AAA and sending a copy of the claim form to CableCompare.com at the Notice Address. You can access a claim form and directions for filing at the website for AAA, www.adr.org. If CableCompare.com receives notice at the Notice Address that you have commenced arbitration and paid the filing fee to the AAA, it will promptly reimburse you for your payment of the filing fee by check to your address or by credit to your account unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, CableCompare.com will pay it directly upon receiving a written request from you to the Notice Address.)
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 800-778-7879. One arbitrator, who is selected under the AAA Rules, will conduct the arbitration. The arbitrator is bound by the terms of this agreement to arbitrate and the Terms. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Unless CableCompare.com and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. The right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
If an award issued by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the AAA by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the AAA. The AAA will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel will be final and binding, except for any appellate right which exists under the FAA. If an award issued by the arbitrator does not exceed $75,000, any appeal rights from the award will be governed by the FAA.
Except as otherwise provided herein, CableCompare.com will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
If the arbitrator issues you an award that is greater than the value of CableCompare.com's last written settlement offer made before an arbitrator was selected, or if the arbitrator issues you an award and we made no settlement offer, then we will pay you the amount of the award or $2,500 ("Alternative Payment"), whichever is greater, and pay your attorney, if any, the amount of attorney's fees incurred, and reimburse any expenses (including expert witness fees and costs) that your attorney, if any, reasonably accrues and documents with specificity for investigating, preparing, and pursuing your claim in arbitration ("Attorney Fee Award").
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney Fee Award at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The right to attorneys' fees and expenses discussed in this Section 13.7 supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you were entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or expenses. Although under some laws we may have the right to an award of attorney's fees and expenses if it prevails in an arbitration, we agree not to seek such an award.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND CableCompare.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CableCompare.com agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null, and void and all disputes will be heard by a court.
Notwithstanding any provision in these Terms to the contrary, if we make any future change to this arbitration provision (other than a change to the Notice Address) during the term of your Services with CableCompare.com, you may reject any such change by sending us written notice to the Notice Address postmarked within 30 days of the date of the change. By rejecting any future change, you agree that you will arbitrate any dispute between us in accordance with the language in this Section 13 of this Version dated Last Revised: February 1, 2024.
California residents are entitled to the following information:
The Services are provided by CableCompare.com, 980 Hammond Drive NE, Suite 400 Atlanta, Georgia 30328.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834 or by telephone at 800-952-5210.
Sections 4, 5, 6, 8, 9, 10, 13 of these Terms will survive termination of these Terms and/or the completion of any Services that we provide to you.
No joint venture, partnership, employment or agency relationship exists between you and CableCompare.com as a result of these Terms and/or your use of the website or Services. These Terms represent the entire agreement between you and CableCompare.com with respect to the subject matter hereof, and supersede any and all prior understandings, statements, or representations, whether electronic, oral or written. CableCompare.com may assign these Terms at its discretion. You may not assign these Terms without our prior written consent and any attempted assignment or delegation without such consent shall be void. The Terms will inure to the benefit of CableCompare.com successors, assigns and licensees. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The failure of CableCompare.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CableCompare.com Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. We may subcontract any work, obligations or other performance required under these Terms without your consent. We will not be liable for delays, damages, or failures in performance required by us or by any third party under these Terms because of causes beyond our reasonable control, including, but not limited to, acts of a government in its sovereign capacity, acts of war, terrorism, acts of a public enemy, fires, earthquakes, acts of God, labor dispute, strikes, work slow-downs or other labor-related activity.
The images, logos, trademarks, and patents of the Internet and TV providers that you see on this website are the sole property of those respective providers and is protected by U.S. and international copyright laws.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by CableCompare.com infringe your copyright, you, or your agent may send to CableCompare.com a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon CableCompare.com actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to CableCompare.com a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
