moxi.com Website Terms of Use

Transcription

1 Cvered Website. mxi.cm Website Terms f Use These terms and cnditins ( Terms f Use ) and the ARRIS Mxi Privacy Plicy ( Website Privacy Plicy ) gvern yur access t and use f the website lcated at including all cntent, infrmatin and services which may be available n such website (the freging website and cntent, infrmatin and services available frm such website is referred t in these Terms f Use as the Mxi Website ). The Mxi Website is wned, perated and published nline by ARRIS Grup, Inc. Yur use f and access t the cntent, infrmatin and services available n such website may be subject t ne r mre additinal agreements between yu and ARRIS r a third party service prvider (each an Additinal Agreement ). Further, if yu are an ARRIS custmer, yur Mxi End User Agreement gverns, amng ther things, yur use f the Mxi Services (as defined therein). Certain f these Mxi Services are prvided via and, t that extent, yur Mxi End User Agreement and the ARRIS Mxi Privacy Plicy will apply t thse services. Therefre, yur Mxi End User Agreement and the ARRIS Mxi Privacy Plicy are als Additinal Agreements under these Terms f Use. T the extent that the prvisin f any Additinal Agreement cnflict with the prvisins f these Terms f Use, the terms f the Additinal Agreement will gvern with respect t the specific subject matter f that Additinal Agreement alne. Yur Acceptance f the Terms f Use and the Website Privacy Plicy. BY ACCESSING OR USING THE MOXI WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE AND THE WEBSITE PRIVACY POLICY, IN ITS MOST CURRENT FORM AS OF THE LAST TIME YOU ACCESSED OR USED THE MOXI WEBSITE. If yu d nt agree t cmply with and be bund by these Terms f Use, then yu may nt access r use the Mxi Website. Updates t the Terms f Use and the Website Privacy Plicy. ARRIS may update these Terms f Use frm time t time. YOU AGREE THAT ARRIS WILL PROVIDE YOU NOTICE OF ANY UPDATE BY POSTING THE UPDATED VERSION ON THIS SITE AND THAT, BECAUSE THESE TERMS OF USE ARE AVAILABLE ON THE MOXI WEBSITE TO WHICH THEY APPLY, THIS MANNER OF NOTICE IS REASONABLE AND EFFECTIVE FOR THESE TERMS OF USE. When yu access the Mxi Website, yu are respnsible fr reviewing the date at the bttm f this page t determine if these Terms f Use have been mdified since yu last reviewed them. Each time yu access r use any f the Mxi Website, by such use r access, yu agree t the mst current versin f these Terms f Use and the Website Privacy Plicy in effect at that time. Yur Privacy. ARRIS and its vendrs may cllect certain persnal and annymus infrmatin frm and abut yu in cnnectin with yur use f the Mxi Website. In general, ur cllectin, prtectin, use, and disclsure f this infrmatin will be subject t the Website Privacy Plicy. As nted abve, yur access t and use f the Mxi Website is cntingent upn yur agreement t bth these Terms f Use and this Website Privacy Plicy. Please nte that yur use f the Mxi Services, including the Mxi Services prvided via are gverned by the ARRIS Mxi Services Privacy Plicy. Mxi Website Cntent. All text, graphics, phtgraphs, sunds and music, user interfaces and designs, visual interfaces and designs, trademarks, lgs, artwrk, cmputer cde, and ther frms f cntent (cllectively, Cntent ), including but nt limited t the design, structure, selectin, crdinatin, expressin, lk and feel and arrangement f such Cntent, cntained n any f the Mxi Website are wned, cntrlled r licensed by r t ARRIS, and are prtected by cpyright, trade dress, patent and trademark laws, and varius ther intellectual prperty rights and unfair cmpetitin laws.

2 Except as expressly prvided in these Terms f Use, n part f the Mxi Website and n Cntent may be cpied, reprduced, republished, upladed, psted, publicly displayed, encded, translated, transmitted r distributed in any way (including mirrring ) t any ther cmputer, server, website r ther medium fr publicatin r distributin r fr any cmmercial enterprise, withut ARRIS express prir written cnsent. Yu may use infrmatin n ARRIS prducts and services (such as data sheets, knwledge base articles, and similar materials) purpsely made available by ARRIS fr dwnlading frm the Mxi Website, prvided that yu (1) d nt remve any prprietary ntice language in any cpies f such dcuments, (2) use such infrmatin nly fr yur persnal, nn-cmmercial infrmatinal purpse and d nt cpy r pst such infrmatin n any netwrked cmputer r distribute it in any manner, (3) make n mdificatins t any such infrmatin, and (4) d nt make any additinal representatins r warranties relating t such dcuments. Use f the Mxi Website. Yu will nt use the Mxi Website, Cntent and assciated features and services fr any purpse that is unlawful r prhibited by these Terms f Use. Except fr webpages that require a passwrd r that are, within the Mxi Website, nly linked t by such passwrd prtected webpages ( Prtected Webpages ), yu may link t any page f fr legitimate business reasns r nn-cmmercial purpses; prvided that such linking: displays the entire linked Mxi Website page t all viewers slely in unmdified frm; des nt result in the framing f ARRIS Cntent r in any way give the appearance that the Cntent is prvided by any surce ther than ARRIS; is nt used t disparage r cmpete with ARRIS r any ARRIS prduct, service r technlgy; is nt used t assciate ARRIS, its prducts, services, technlgy and/r Cntent with any cntent r activities that are prhibited under the ARRIS Cmmunity Services sectin belw (even if such linking des nt relate t r invlve the ARRIS Cmmunity Services); des nt state r imply the endrsement by ARRIS r any ther third party named n any f the ARRIS Website f yur r any third party r its business, prducts, services r technlgy; des nt, in any manner, cmbine ARRIS Cntent with any ther cntent; is nt used t cpy the Cntent nt any ther cmputer r electrnic strage device; des nt remve, bscure r therwise render nt visible any trademark, cpyright r ther prprietary ntice, disclaimer r similar infrmatin appearing n the ARRIS Website that is applicable t the riginal Cntent; des nt remve, bscure r therwise render nt visible any ARRIS r third party trademark, service mark, lg r the like appearing as part f the riginal Cntent; des nt therwise vilate any ther prvisin f these Terms f Use r any Additinal Agreement. ARRIS may revke the permissin prvided abve t link t any page r prtin f at any time with r withut cause acrss all users r just with respect t ne r mre specific users. Yu may nt, in any event, link t (r facilitate r encurage linking t) a Prtected Webpage. Yu may nt use any spider, page-scrape, rbt r ther autmatic device, prgram, algrithm r methdlgy, r any similar r equivalent manual prcess, t access, acquire, cpy r mnitr any prtin f the Mxi Website r any Cntent, r in any way reprduce r circumvent the navigatinal structure r presentatin f the Mxi Website r any Cntent, t btain r attempt t btain any materials, dcuments r infrmatin thrugh any means nt purpsely made available thrugh the Mxi Website. Yu may nly deep link t a page r prtin f as expressly permitted in these Terms f Use. Yu may nt attempt t gain unauthrized access t any prtin r feature f the Mxi Website, r any ther systems r netwrks cnnected t the Mxi Website r t any ARRIS server, r t any f the services ffered n r thrugh the Mxi Website, by hacking, passwrd mining r any ther illegitimate means.

3 Yu may nt prbe, scan r test the vulnerability f the Mxi Website r any netwrk cnnected t the Mxi Website, nr breach the security r authenticatin measures n the Mxi Website r any netwrk cnnected t the Mxi Website. Yu may nt reverse lk-up, trace r seek t trace any infrmatin n any ther user f r visitr t the Mxi Website, r any ther custmer f ARRIS, including any Mxi accunt nt wned by yu, t its surce, r explit the Mxi Website r any service r infrmatin made available r ffered by r thrugh the Mxi Website, in any way where the purpse is t reveal any infrmatin, including but nt limited t persnal identificatin r infrmatin, ther than yur wn infrmatin, as prvided fr by the Mxi Website. Yu agree that yu will nt take any actin that impses an unreasnable r disprprtinately large lad n the infrastructure f the Mxi Website r ARRIS (r its vendrs ) systems r netwrks, r any systems r netwrks cnnected t the Mxi Website r t ARRIS. Yu agree nt t use any device, sftware, script, prcess r rutine t interfere r attempt t interfere with the prper wrking f the Mxi Website r any transactin being cnducted n the Mxi Website, r with any ther persn s use f the Mxi Website. Yu may nt use the Mxi Website r any Cntent fr any purpse that is unlawful r prhibited by these Terms f Use, r t slicit the perfrmance f any illegal activity r ther activity which infringes the rights f ARRIS r thers. Registratin; Passwrds and Security. Yu may be requested t register t use certain features r prtins f the Mxi Website. If yu register, yu must prvide us with current, accurate and cmplete infrmatin. Yu may be assigned r required t chse a user ID and a passwrd. Yu understand that anyne using yur user ID and passwrd will appear as yu and ARRIS as well as third parties will reasnably assume that the user f yur user ID and passwrd is actually yu r smene whm yu have authrized t act fr yu. Yu are slely respnsible fr maintaining the cnfidentiality f yur user ID and passwrd and fr all activities that ccur thrugh the use f yur user ID and passwrd. Yu agree t ntify ARRIS immediately f any unauthrized use f yur user ID r passwrd r any ther breach f security. ARRIS will nt be liable fr any lss that yu may incur as a result f smene else using yur user ID r passwrd, either with r withut yur knwledge. Hwever, yu culd be held liable fr lsses incurred by ARRIS r anther party due t smene else using yur user ID r passwrd. Yu may nt use anyne else's user ID r passwrd at any time, withut the permissin f the accunt hlder. ARRIS Cmmunity Services. Scpe f Use and Restrictins. Prtins f the Mxi Website may prvide frums, cmmunities, chat areas, and/r ther message r cmmunicatin facilities designed t enable yu t cmmunicate with thers ("ARRIS Cmmunity Services"). Yu agree t use the ARRIS Cmmunity Services nly t pst, send and receive messages and material that are prper and related t ARRIS s prducts, services r technlgy. Yu agree t cmply with the Frum Rules and Cnduct made available n the applicable Mxi Website. Withut limiting the generality f the preceding tw sentences (including the Frum Rules and Cnduct), yu will nt use the ARRIS Cmmunity Services t: Publish r therwise distribute r disseminate materials, infrmatin r cmmunicatins that: are inapprpriate, prfane, defamatry, bscene, indecent r unlawful; encurage r are in pursuit f cnduct that wuld cnstitute a criminal ffense; transmit cntent that encurages r prvides instructinal activities abut illegal activities, in particular hacking r phishing; slicits ther users t jin, becme members f, r cntribute mney t any nline service r ther rganizatin, advcates r attempts t get users t jin in legal r illegal schemes r plan r participate in scams invlving ther users; attempts t resell, redistribute, bradcast r transfer the infrmatin r use the infrmatin derived frm the ARRIS Cmmunity Services in a searchable, machine-readable database; r that utilizes bts, spiders r disprprtinately burdens the capacity f the system; imprperly assumes r claim the identity, characteristics r qualificatins f anther persn.

4 Defame, threaten harass, r therwise vilate the legal rights f ARRIS r thers. Send spam t any member r participant in the ARRIS Cmmunity Services r any ther third party. Uplad any prgram, file r cde that cntains virus(es), wrm(s), Trjan hrse(s), time bmb(s), malware, crrupted file(s), r any ther sftware r prgrams that may damage r hinder the peratin f any ARRIS cmputer r telecmmunicatin equipment r netwrks r cmputer r telecmmunicatin equipment r netwrks f any ther individual r entity. Use, publish r therwise distribute r disseminate any infrmatin, cntent r material (including infrmatin acquired by yu, a third party r made available by ARRIS) in a manner that infringes any cpyright, trademark, trade secret, patent r ther intellectual prperty right f any ther party, including, withut limitatin, ARRIS. Advertise r ffer t sell r buy any gds r services, unless such ARRIS Cmmunity Services specifically allws such messages. Mdify r delete any prprietary r legal ntices, such as cpyright ntices, trademark ntices, warnings, disclaimers and the like. Vilate any cde f cnduct r ther guidelines which may be applicable fr any particular ARRIS Cmmunity Service. Harvest r therwise cllect infrmatin abut thers, including addresses. Vilate any applicable laws r regulatins. Create a false identity fr the purpse f misleading thers. ARRIS is nt Respnsible fr User Cntent; Remval. ARRIS has n bligatin t mnitr the ARRIS Cmmunity Services r any cntent r infrmatin psted r transmitted via r in cnnectin with thse services. Hwever, ARRIS reserves the right t review materials psted r transmitted via r in cnnectin with the ARRIS Cmmunity Services and may remve, refuse t pst r transmit, r edit any materials in its sle discretin. ARRIS reserves the right t terminate yur access t any r all f the ARRIS Cmmunity Services at any time, withut ntice, fr any reasn whatsever. Despite the prhibitins n infrmatin and materials that may be submitted t r made available thrugh the ARRIS Cmmunity Services, infrmatin prvided by ther ARRIS Cmmunity Services participants may cntain inaccurate, inapprpriate, ffensive r sexually explicit material, prducts r services. ARRIS des nt cntrl r endrse the cntent, messages r infrmatin fund, displayed within, r submitted t any ARRIS Cmmunity Services by a ARRIS Cmmunity Services user, ARRIS Website user r ther third party. Therefre, ARRIS specifically disclaims any liability with regard t the ARRIS Cmmunity Services and any actins resulting frm yur participatin in any ARRIS Cmmunity Services. Hsts and participants are nt authrized ARRIS spkespersns, and their views d nt necessarily reflect thse f ARRIS. ARRIS Cmpliance with Law. ARRIS reserves the right at all times t disclse any materials r infrmatin psted r transmitted via r in cnnectin as ARRIS deems necessary t satisfy any applicable law, regulatin, rder, legal prcess r gvernmental request. Yur Interactins with Other Participants. Yu are slely respnsible fr yur interactins with ther ARRIS Cmmunity Services participants. ARRIS reserves the right, but has n bligatin, t mnitr disputes between yu and ther ARRIS Cmmunity Services participants. Fr yur wn prtectin, when using any prtin f the ARRIS Cmmunity Services, please be certain that anything yu say des nt cmprmise yur persnal safety. D nt prvide yur name, phne number, pstal r address, yur passwrd, r any ther persnally identifying infrmatin t peple yu d nt knw, even utside f the Frum. D nt cntinue any cnversatin nline that makes yu feel uncmfrtable. Third Party Limitatins. Materials upladed t the ARRIS Cmmunity Services may be subject t psted limitatins n usage, reprductin and/r disseminatin. If yu dwnlad any f these materials, yu are respnsible fr cmplying with thse limitatins.

5 License t ARRIS f Yur Submissins. ARRIS des nt claim wnership f the materials and infrmatin yu prvide t ARRIS (including feedback, suggestins and Images, as defined belw) r pst, uplad, input r submit via the Mxi Website fr review by the general public, r by the members f any public r private cmmunity, (each a "Submissin" and cllectively "Submissins"). Hwever, by psting, uplading, inputting, prviding r submitting ("Psting") yur Submissin yu are granting ARRIS, its affiliates, and each f ARRIS s and its affiliates sublicensees permissin t use yur Submissin in cnnectin with the peratin f their businesses (including, withut limitatin, all ARRIS prducts and services), including, withut limitatin, the license rights t: cpy, distribute, transmit, publicly display, publicly perfrm, reprduce, edit, translate and refrmat yur Submissin; t publish yur name in cnnectin with yur Submissin; the right t sublicense such rights t any third party; and therwise cmmercialize and use yur Submissin in its business. N Cmpensatin. N cmpensatin will be due frm r paid by ARRIS, its affiliates, ARRIS and its affiliates sublicensees, r any user f the Mxi Website with respect t the use f yur Submissin, as prvided in these Terms f Use. ARRIS is under n bligatin t pst r use any Submissin yu may prvide and ARRIS may remve any Submissin at any time in its sle discretin. Right t Pst Submissin Warranty. By Psting a Submissin, yu warrant and represent that yu wn r therwise cntrl all f the rights t yur Submissin as described in these Terms f Use including, withut limitatin, all the rights necessary fr yu t prvide, pst, uplad, input r submit the Submissins. Right t Pst Images Warranty; License t Use Yur Images. In additin t yur warranty and representatin in the paragraph immediately abve, by Psting a Submissin that cntains images, phtgraphs, pictures r that are therwise graphical in whle r in part ("Images"), yu warrant and represent that (a) yu are the cpyright wner f such Images, r that the cpyright wner f such Images has granted yu permissin t use such Images r any cntent and/r images cntained in such Images cnsistent with the manner and purpse f yur use and as therwise permitted by these Terms f Use, (b) yu have the rights necessary t grant the licenses and sublicenses described in these Terms f Use, and (c) that each persn depicted in such Images, if any, has prvided cnsent t the use f the Images as set frth in these Terms f Use, including, withut limitatin, the distributin, public display and reprductin f such Images. By Psting Images, yu are granting (a) t all members f yur private cmmunity (fr such Images available t members f such private cmmunity), and/r (b) t the general public (fr such Images available t the general public) a nn-exclusive, wrld-wide, ryaltyfree license t: cpy, distribute, transmit, publicly display and/r perfrm, reprduce, mdify, translate and refrmat yur Images withut having yur name attached t such Images, and the right t sublicense such rights. The licenses granted in the preceding sentences fr yur Psted Images will terminate at the time yu cmpletely remve such Images frm the ARRIS Cmmunity Services, prvided that, such terminatin shall nt affect any licenses granted in cnnectin with such Images prir t the time yu cmpletely remve such Images. Third Party Cmpanies and Prducts Mentin f third party prducts, cmpanies, and website n this Mxi Website is fr infrmatinal purpses nly and cnstitutes neither an endrsement nr a recmmendatin. ARRIS prvides this infrmatin nly as a cnvenience t yu and ARRIS makes n representatin whatsever regarding the cntent f any ther website. Yu understand that when yu access a third party website, it is independent frm ARRIS and that ARRIS has n cntrl ver the cntents n that website. A link t a third party website des nt mean that ARRIS endrses r accepts any respnsibility fr the cntent r use f such website. ARRIS makes n representatins regarding the quality, safety r suitability f any prducts by third party cmpanies. All third party prducts must be rdered directly frm the applicable third party vendr and all licenses and warranties, if any, are made between yu and that vendr. Unslicited Idea Submissin Plicy and Feedback Plicy ARRIS and its emplyees d nt generally accept r cnsider unslicited ideas, including ideas fr new prducts r technlgies, prcesses, materials, new advertising campaigns r prmtins, marketing plans r new prduct names. Please d nt send any unslicited riginal creative artwrk, samples, dems, r ther wrks. The purpse f this plicy is t avid ptential misunderstandings r disputes when ARRIS' advertisements, prducts r marketing strategies might seem similar t ideas submitted t ARRIS. We may, frm time t time, seek cnsumer feedback regarding ur prducts and/r services. In this case, please limit yur feedback t the request. In either case in

6 which (a) we specifically slicit feedback regarding ur prducts and/r services, r (b) despite ur general plicy that yu nt send us yur ideas and materials, yu send them, please understand that ARRIS makes n assurances that yur ideas and materials will used in any manner r treated as cnfidential r prprietary. Further, yu hereby agree that all such ideas and materials are the prperty f ARRIS. ARRIS and its affiliates shall be free t use and cmmercialize such infrmatin fr any purpse n an unrestricted basis withut bligatin t cmpensate yu fr such use and cmmercializatin. Additinally any feedback yu prvide at the Mxi Website (which is nt an unslicited idea r a Submissin cvered by the immediately preceding paragraph) shall be deemed as nncnfidential. ARRIS and its affiliates shall be free t use and cmmercialize such infrmatin fr any purpse n an unrestricted basis withut bligatin t cmpensate yu fr such use and cmmercializatin. Trademark Infrmatin. ARRIS, Mxi, SuperTicker and any assciated lgs are registered trademarks and trademarks f ARRIS Grup, Inc. (cllectively, all f the freging, ARRIS Marks ). The absence f a prduct r service name r lg belnging t ARRIS anywhere in the text f the Mxi Website des nt cnstitute a waiver f ARRIS trademark r ther intellectual prperty rights cncerning that name r lg. All ther prducts and brand names are trademarks and/r registered trademarks f their respective cmpanies. ARRIS disclaims any and all rights in these third party marks. Except as may therwise be expressly and unambiguusly stated by ARRIS in writing, nthing in these Terms f Use r the Mxi Website grants any rights r license t use any ARRIS Mark r third party trademark in any manner r fr any purpse. Other Terms and Cnditins. Additinal terms and cnditins may apply t purchases f gds r services and t specific prtins r features f the Mxi Website, including cntests, prmtins r ther similar features, all f which terms are made a part f these Terms f Use by this reference. Yu agree t abide by such ther terms and cnditins, including where applicable representing that yu are f sufficient legal age t use r participate in such service r feature. If there is a cnflict between these Terms f Use and the terms psted fr r applicable t a specific prtin f the Mxi Website r fr any service ffered n r thrugh the Mxi Website, the mre specific terms shall cntrl with respect t yur use f that prtin f the Mxi Website r the specific service. ARRIS bligatins, if any, with regard t its prducts and services are gverned slely by the agreements pursuant t which they are prvided, and nthing n the Mxi Website shuld be cnstrued t alter such agreements. ARRIS may make changes t any prducts r services ffered n the Mxi Website, r t the applicable prices fr any such prducts r services, at any time, withut ntice. The materials n the Mxi Website with respect t prducts and services may be ut f date, and ARRIS makes n cmmitment t update the materials n the Mxi Website with respect t such prducts and services. The additinal terms listed n the Legal Infrmatin webpage f als gvern and apply t yur use f the Mxi Website, and they are incrprated herein by this reference. Each f these plicies may be changed frm time t time and are effective immediately upn psting such changes n the Mxi Website. Disclaimers. ARRIS DOES NOT PROMISE THAT THE MOXI WEBSITE OR ANY CONTENT, INFORMATION, SERVICE OR FEATURE OF THE MOXI WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE MOXI WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE MOXI WEBSITE AND ITS CONTENT, INFORMATION, SERVICES AND FEATURES ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. EXCEPT FOR THESE TERMS OF USE AND THE ARRIS PRIVACY POLICIES, ALL INFORMATION PROVIDED ON THE MOXI WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ARRIS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE MOXI WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ARRIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARRIS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE MOXI WEBSITE AND/OR ANY RELATED

7 SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE MOXI WEBSITE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ARRIS FOR DISSATISFACTION WITH THE MOXI WEBSITE OR ANY CONTENT, INFORMATION, SERVICE OR FEATURE IS TO STOP USING THE MOXI WEBSITE OR ANY SUCH CONTENT, INFORMATION, SERVICE OR FEATURE. THESE LIMITATIONS OF RELIEF ARE A PART OF THE BARGAIN BETWEEN YOU AND ARRIS. The abve disclaimer applies t any damages, liability r injuries caused by any failure f perfrmance, errr, missin, interruptin, deletin, defect, delay in peratin r transmissin, cmputer virus, cmmunicatin line failure, theft r destructin f r unauthrized access t, alteratin f, r use, whether fr breach f cntract, trt, negligence r any ther cause f actin. ARRIS reserves the right t d any f the fllwing, at any time, withut ntice: (1) t mdify, suspend r terminate peratin f r access t the Mxi Website, r any prtin f the Mxi Website, fr any reasn; (2) t mdify r change the Mxi Website, r any prtin f the Mxi Website, and any applicable plicies r terms; and (3) t interrupt the peratin f the Mxi Website, r any prtin f the Mxi Website, as necessary t perfrm rutine r nn-rutine maintenance, errr crrectin, r ther changes. Limitatin f Liability EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL ARRIS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ARRIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, ARRIS IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE MOXI WEBSITE OR ANY CONTENT, INFORMATION, SERVICES OR FEATURES OF THE MOXI WEBSITE, ARRIS LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO THE APPLICABLE SERVICE OR FEATURE OF OR ON THE MOXI WEBSITE PAID IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST ARRIS (BUT NOT INCLUDING THE PURCHASE PRICE FOR ANY ARRIS HARDWARE OR SOFTWARE PRODUCTS, MOXI SERVICES (INCLUDING SERVICES PROVIDED THROUGH ANY SUPPORT PROGRAM, OR ANY APPLICABLE SALES OR USE TAX), OR (2) US$ SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. Indemnity Yu agree t indemnify and hld ARRIS, its fficers, directrs, sharehlders, successrs in interest, emplyees, agents, subsidiaries and affiliates, harmless frm any demands, lss, liability, claims r expenses (including attrneys fees), made against ARRIS by any third party due t, arising ut f, r in cnnectin with yur use f the Mxi Website. Vilatin f These Terms f Use Subject t the Mxi Website Privacy Plicy, as applicable: ARRIS may disclse any infrmatin we have abut yu (including yur identity) if we determine that such disclsure is necessary in cnnectin with any investigatin r cmplaint regarding yur use f the Mxi Website, r t identify, cntact r bring legal actin against smene wh may be causing injury t r interference with (either intentinally r unintentinally) ARRIS rights r prperty, r the rights r prperty f visitrs t r users f the Mxi Website, including ARRIS custmers. ARRIS reserves the right at all times t disclse any infrmatin that ARRIS deems necessary t cmply with any applicable law, regulatin, legal prcess r gvernmental request. ARRIS als may disclse yur infrmatin when ARRIS determines that applicable law requires r permits such disclsure, including exchanging infrmatin with ther cmpanies and rganizatins fr fraud prtectin purpses.

8 Yu acknwledge and agree that ARRIS may preserve any transmittal r cmmunicatin by yu with ARRIS thrugh the Mxi Website r any service ffered n r thrugh the Mxi Website, and may als disclse such data if required t d s by law r ARRIS determines that such preservatin r disclsure is reasnably necessary t (1) cmply with legal prcess, (2) enfrce these Terms f Use, (3) respnd t claims that any such data vilates the rights f thers, r (4) prtect the rights, prperty r persnal safety f ARRIS, its emplyees, users f r visitrs t the Mxi Website, and the public. Yu agree that ARRIS may, in its sle discretin and withut prir ntice, terminate yur access t the Mxi Website and/r blck yur future access t the Mxi Website if we determine that yu have vilated these Terms f Use r ther agreements r guidelines which may be assciated with yur use f the Mxi Website. Yu als agree that any vilatin by yu f these Terms f Use will cnstitute an unlawful and unfair business practice, and will cause irreparable harm t ARRIS, fr which mnetary damages wuld be inadequate, and yu cnsent t ARRIS btaining any injunctive r equitable relief that ARRIS deems necessary r apprpriate in such circumstances. These remedies are in additin t any ther remedies ARRIS may have at law r in equity. Yu agree that ARRIS may, in its sle discretin and withut prir ntice, terminate yur access t the Mxi Website, fr cause, which includes (but is nt limited t) (1) requests by law enfrcement r ther gvernment agencies, (2) a request by yu (self-initiated accunt deletins), (3) discntinuance r material mdificatin f the Mxi Website r any service ffered n r thrugh the Mxi Website, r (4) unexpected technical issues r prblems. If ARRIS des take any legal actin against yu as a result f yur vilatin f these Terms f Use, ARRIS will be entitled t recver frm yu, and yu agree t pay, all reasnable attrneys fees and csts f such actin, in additin t any ther relief granted t ARRIS. Yu agree that ARRIS will nt be liable t yu r t any third party fr terminatin f yur access t the Mxi Website as a result f any vilatin f these Terms f Use. Gverning Law; Dispute Reslutin Yu agree that all matters relating t yur access t r use f the Mxi Website, including all disputes, will be gverned by the laws f the United States and by the laws f the State f Gergia withut regard t its cnflicts f laws prvisins. Yu agree t the persnal jurisdictin by and venue in the state curts f Fultn Cunty, Gergia and federal curts f Nrthern District f Gergia, and waive any bjectin t such jurisdictin r venue. Any claim under these Terms f Use must be brught within ne (1) year after the cause f actin arises, r such claim r cause f actin is barred. Vid Where Prhibited Althugh the Mxi Website are accessible wrldwide, ARRIS prducts and services discussed, referenced, prvided r ffered thrugh r n the Mxi Website are available nly within the cntinental United States. Further, ARRIS reserves the right t limit, in its sle discretin, the prvisin and quantity f any feature, prduct r service t any persn r gegraphic area. Any ffer fr any feature, prduct r service made n the Mxi Website is vid where prhibited. If yu chse t access the Mxi Website frm utside the United States, yu d s n yur wn initiative and yu are slely respnsible fr cmplying with applicable lcal laws. Miscellaneus Yu may nt use r exprt r re-exprt any Cntent r any cpy r adaptatin f such Cntent, r any prduct r service ffered n the Mxi Website, in vilatin f any applicable laws r regulatins, including withut limitatin United States exprt laws and regulatins. If any f the prvisins f these Terms f Use are held by a curt r ther tribunal f cmpetent jurisdictin t be vid r unenfrceable, such prvisins shall be limited r eliminated t the minimum extent necessary and replaced with a valid prvisin that best embdies the intent f these Terms f Use, s that these Terms f Use shall remain in full frce and effect. These Terms f Use cnstitute the entire agreement between yu and ARRIS with regard t yur use f the Mxi Website, and any and all ther written r ral agreements r understandings previusly existing between yu and ARRIS with respect t such use are hereby superseded and cancelled. ARRIS will nt accept any cunter-ffers t these Terms f Use, and all such ffers are hereby categrically rejected. ARRIS failure t insist n r enfrce strict perfrmance f these Terms f Use shall nt be cnstrued as a waiver by ARRIS f any prvisin r any right it has t enfrce these Terms f Use, nr shall any curse f cnduct between ARRIS and yu r any ther party be deemed t mdify any prvisin f these

9 Terms f Use. These Terms f Use shall nt be interpreted r cnstrued t cnfer any rights r remedies n any third parties.