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Neither Cox nor any of the Cox Related Parties will be liable, however, for any action we take such as restricting access to obscene content or blocking email considered to be “spam” to assure your use of the Service is in compliance with Applicable Laws and this Agreement. Third-Party Acts: You expressly agree that neither Cox nor any of the Cox Related Parties is responsible or liable for any content, act or omission of any third party including, without limitation, any threatening, defamatory, obscene, offensive, or illegal conduct, or any infringement of another’s rights including, without limitation, privacy and intellectual property rights, and you hereby release Cox and each of the Cox Related Parties for any such claims based on the activities of third parties. No Indirect or Consequential Damages: YOU AGREE THAT FOR ANY CLAIMS YOU ASSERT AGAINST COX OR THE COX RELATED PARTIES AND FOR ANY CLAIMS THAT COX OR THE COX RELATED PARTIES ASSERT AGAINST YOU, THERE SHALL BE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION, OR FOR PUNITIVE DAMAGES, RELIANCE DAMAGES, OR SPECIAL DAMAGES.
THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY. Additional Limitations on Cox’s Liability for Cox Internet: The public Internet is used by numerous persons or entities including, without limitation, other Cox Internet subscribers.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THOSE PROVISIONS MAY NOT APPLY TO YOU.
THIS SECTION WILL CONTINUE IN EFFECT AFTER THIS AGREEMENT TERMINATES. LIMITATION OF LIABILITY — THIS SECTION DESCRIBES THE FULL EXTENT OF COX’S AND THE COX RELATED PARTIES’ RESPONSIBILITY FOR ANY CLAIMS FOR DAMAGES CAUSED BY OUR ACTS OR OMISSIONS OR THE FAILURE OF THE SERVICES, COX EQUIPMENT, OR LICENSED SOFTWARE, OR ANY OTHER CLAIMS IN CONNECTION WITH THE SERVICES, COX EQUIPMENT, LICENSED SOFTWARE, OR THIS AGREEMENT.
The use and restoration of Services in emergencies will in all cases be subject to the priority system specified by federal regulations. Governing Law: This Agreement will be governed by the laws of the state in which you receive the Services and applicable federal law. Notices: When this Agreement requires notice from you to Cox, you agree to provide us with written notice to the address specified on your bill or as instructed on the Website or by calling us.
Notice by calling us will be effective as of the date our records show that we received your call.
All capitalized terms not otherwise defined herein will have the same meaning as set forth in the Agreement. Availability: Cox Phone Service, including access to 911 service, will not be available during a power outage without a backup battery or if the modem is moved or inoperable.
THIS SECTION WILL CONTINUE IN EFFECT AFTER THIS AGREEMENT TERMINATES. Limitation: Neither Cox nor any of the Cox Related Parties will be liable for damages for failure to furnish or the degradation or interruption of any Services, for a problem with the interconnection of Services, for any loss of data or stored content, for identity theft, or for any files or software damage, regardless of cause, or for a problem with the service or equipment of a third party. Damage to Person or Property: Neither Cox nor any of the Cox Related Parties will be liable for damage to property or for injury to any person arising from the installation, maintenance or removal of Cox Equipment, Licensed Software, from use of Services or any content contained therein including interactive or 3D, television Services, from support for the Services, or from inclusion, omission, or error relating to information about you in any published or electronic directory we may offer.
You recognize that you have an obligation to exercise caution and personal responsibility including adhering to all manufacturers’ warranties accompanying any Cox or Customer Equipment or any other equipment used in connection with the Services and to make sure that your use of the Services and Cox Equipment does not subject you or others to danger. Monitoring: Neither Cox nor any of the Cox Related Parties is obligated to monitor your use of the Services.
We make no representation or warranty regarding the effectiveness of these programs. Limitations Period: We each agree that any Claims must be brought within two (2) years of their accrual notwithstanding any otherwise applicable statute of limitations. Cox may also terminate Service without notice to you if you fail to pay for Service or otherwise breach this Agreement, if you violate the law or Cox policies, or if you misuse the Services or Cox Equipment.
You may terminate any particular Service and this Agreement will remain in effect for any Services you continue to subscribe to, use or pay for.