Sezmi


Sezmi Corporation Website Privacy Policy

Last Modified: June 10, 2010

Welcome to the Sezmi Corporation ("Sezmi") web site and online services (the "Sezmi Site"). Sezmi values the privacy of our members and others who visit and use the Sezmi Site (individually, "You" or collectively, "Users"). Please note that a separate privacy policy that governs our use of information that is collected as part of the Sezmi service will be provided when you sign up for the Sezmi service.

This Privacy Policy describes what information we gather from you, how we use that information, and what we do to protect it. By using the Sezmi Site, you expressly consent to the information handling practices described in this policy. If you do not want information about you to be used in the manner set forth in this Privacy Policy, please do not use the Sezmi Site.

Information Sezmi Collects:

  • User-provided Information: When you inquire about Sezmi service availability you may provide to Sezmi what is generally called "personally identifiable" information (such as your name, email address, and service address). From time to time, Sezmi may also ask you optionally to provide other information. If you choose to provide such information, you are giving Sezmi the permission to use and store it consistent with this policy.

  • "Cookies" Information: When you visit the Sezmi Site, whether or not you are a registered member, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. Cookies remember information about your activities on a website. Sezmi may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Sezmi Site. Persistent cookies can be removed. Please review your web browser "Help" file to learn the proper way to modify your cookie settings. However, without cookies you will not have access to certain services on the Sezmi Site.

  • Automatically Collected Information: Additionally, we may automatically collect certain information from you by analyzing your use of the Sezmi Site, such as your IP address, browser type, pages accessed, and duration of visit. We use automatically-collected information to administer, operate, and improve the Site and our other services and systems. If automatically-collected information is used or intended to be used to identify you, it is personally identifiable information for purposes of this Privacy Policy. Additionally, if we associate or combine this information with personally identifiable information, we will treat the associated or combined information as personally identifiable information under this Privacy Policy.

  • Information from Other Sources: We may also obtain information, including personally identifiable information, from third parties and sources other than the Sezmi Site. If we combine or associate information from other sources with personally identifiable information that we collect through the Sezmi Site, we will treat the combined information as personally identifiable information in accordance with this Policy.

The Way Sezmi Uses Information:

  • Sezmi collects personally identifiable information when you submit information to Sezmi in order to inquire into Sezmi's ability to provide service to your location. Sezmi generally uses the information you provide or that we collect to determine if service is available at your physical location and to contact you directly to inform you of that service availability. If you have given Sezmi consent, we may use your personally identifiable information to provide you with information about Sezmi's features, services and other offerings that may be of interest to you. We may also send information or offers to groups of users on behalf of other businesses.

  • Sezmi uses all of the information that we collect from Users to understand and analyze the usage trends and preferences of our Users, to improve the way the Sezmi Site works and looks, and to create new features and functionality.

  • Sezmi may use "cookies" information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the Sezmi Site; (b) provide customized third-party advertisements, content, and information; (c) monitor the effectiveness of third-party marketing campaigns; (d) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (e) track your entries, submissions, and status in any promotions or other activities.

When Sezmi Discloses Information:

  • Except as described in this Privacy Policy, we do not share personally identifiable information with third parties without your consent.

  • Sezmi's employees, agents and contractors must have a legitimate business reason to obtain access to the personally identifiable information you may provide to register as a member of Sezmi. We may share your personally identifiable information with companies that provide services to us, including outside contractors or agents who help us manage our information activities (for example, contest and sweepstakes administration), but they may only use your personally identifiable information to provide us with a specific service and not for any other purpose.

  • Sezmi may also disclose User information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant. In some cases, we may make such disclosures without first providing notice to Users.

  • Sezmi also reserves the right to disclose User information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Sezmi from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Sezmi Site; or to protect the rights, property, or personal safety of Sezmi, our Users, or others.

Your Choices:

You may, of course, decline to share your personally identifiable information with Sezmi, in which case Sezmi will not be able to determine if you qualify to receive the Sezmi service. If you provide us with your information you may update, correct, or delete your profile information and preferences at any time by emailing us at privacy@sezmi.com.

To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

Our Commitment to Children's Privacy:

Sezmi does not knowingly collect or maintain personally identifiable information on the Sezmi Site from persons under 13 years-of-age. If Sezmi learns that personally identifiable information of persons less than 13-years-of-age has been collected on Sezmi without verifiable parental consent, then Sezmi will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has obtained a Sezmi Site account, then you may alert Sezmi at privacy@sezmi.com and request that Sezmi delete that child’s personal information from its systems.

Our Commitment to Data Security:

Sezmi uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Sezmi, and you do so at your own risk. Once we receive your transmission of information, Sezmi makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

If Sezmi learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Sezmi may post a notice on the Sezmi Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

International Visitors:

The Sezmi Site is hosted in the United States and is intended solely for visitors located within the United States. If you nonetheless choose to use the Sezmi Site from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States and by providing your personally identifiable information on the Sezmi Site you consent to that transfer.

In the Event of Merger or Sale:

In the event that Sezmi is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from Users as part of such merger, acquisition, sale, or other change of control.

Changes and Updates to this Privacy Policy:

This Privacy Policy may be revised periodically without further notice to you and this will be reflected by a "Last Modified" date above. Please revisit this page to stay aware of any changes. Your continued use of the Sezmi Site constitutes your agreement to this Privacy Policy and any future revisions.

Sezmi Contact Information:

Please contact Sezmi with any questions or comments about this Privacy Policy, your personal information, our third-party disclosure practices, or your consent choices by email at privacy@sezmi.com or by mail at: 1301 Shoreway Road, Suite 310, Belmont CA 94002, USA.

Sezmi Corporation Service Privacy Policy

Effective Date: October 15, 2009
Last Updated: October 15, 2009

1. General
 Protecting your privacy is important to Sezmi Corporation and its related corporate affilates (collectively "Sezmi"). We strive to keep your personal information confidential. This Sezmi Corporation Privacy Policy ("Policy") explains how Sezmi collects, uses, and discloses information about you when you subscribe to our services (as more fully described below). Your use or receipt of Sezmi products or services constitutes acceptance of this Policy. Please note that the Sezmi Website has a separate Privacy Policy which explains how Sezmi collects, uses, and discloses information about you when you use the Sezmi Site.

This Privacy Policy is incorporated into and is subject to the Sezmi Terms of Service. Your use of the Sezmi Service and any personal information you provide on the Sezmi Service are subject to the terms of this Privacy Policy and Sezmi’s Terms of Service.

2. Definitions and Information Collected

  1. "Customer Information" is a broad, general term that refers to any information relating to you or your Sezmi Service, including Subscriber Account Information, System Information, Anonymous Viewing Information, Diagnostic Information, Commerce Information, and Web Site Information.
  2. "Personally Identifiable Viewing Information" means information about the use of your Sezmi Equipment as to what shows and movies you download, watch and when. We do not collect Personally Identifiable Viewing Information unless you give us your express consent to do so which we obtain when you activate and accept our Terms of Service.
  3. "Subscriber Account Information" means information about your Sezmi Service account, including, but not limited to, your name, address, social security number, e-mail address, telephone number, what programming package(s) you subscribe to, consumer credit reports, the model and serial number of your Sezmi Equipment, which Sezmi partner, if any, you purchased the Sezmi Service through, privacy preferences, start date and any other information reasonably related to your signing up for and maintaining your Sezmi Service. Subscriber Account Information does not include any Personally Identifiable Viewing Information or Anonymous Viewing Information, as defined below.
    • We collect Subscriber Account Information directly from you and indirectly through Sezmi partners, including entities who may help us make the service available to you. We collect this information when you activate or change your service, and also from third parties, such as consumer reporting agencies. We may combine information we obtain from third parties with Subscriber Account Information we collect.
  4. "System Information" means information necessary for us to provide service to your Sezmi Equipment. Examples of System Information include your Sezmi Media Receiver’s software version number.
  5. "Sezmi Service" means the video service made available by Sezmi, including the “Sezmi Basic” and “Sezmi Supreme” service offerings as more fully described in Exhibit A, which have been customized for promotion through Best Buy. The Sezmi Service includes (iii) Content; (ii) any and all hardware, software, firmware, data models, templates, data integration tools or technology, data processing systems or mechanisms, computer code, including objects and tools, trade secrets, know-how, and processes related to or embodied in the foregoing; and (iii) all inventions, discoveries, original works of authorship and derivative works thereof, developments, concepts, and improvements related to the foregoing regardless of whether conceived or reduced to practice by Sezmi or Best Buy.
  6. "Sezmi Equipment" means the Sezmi hardware kit that includes a set media recorder, reception system, remote control, and all necessary cables.
  7. "Sezmi Media Recorder" means the Sezmi Set-top box which connects to the user’s television and provides video and other services.
  8. "Anonymous Viewing Information" means information about use of your Sezmi Equipment related to your viewing that is not associated with or linked to your Subscriber Account Information. Your Sezmi Media Recorder regularly sends Anonymous Viewing Information to us.
  9. "Diagnostic Information" means data and/or detailed information about the operation of Sezmi Equipment. We may collect Diagnostic Information from your Sezmi Media Recorder(s) from time to time for quality control and troubleshooting and to help us better operate the Sezmi Service. These logs identify your Sezmi Equipment and are thus associated with your Subscriber Account.
  10. "Commerce Information" means Subscriber Account Information that enables a commerce partner to fulfill your request to participate in a promotion or transaction.
  11. "Aggregate Information" means information that does not identify you, and which may be combined with other information in an anonymous or de-identified manner.

3. How We Use Information

  1. Customer Information Uses. We use Customer Information as described in this Policy.

These uses include:

  • to deliver the Sezmi Service to our customers
  • to improve our service and offerings
  • for feedback, marketing and promotional purposes
  • for statistical analysis
  • for product development and content improvement
  • to verify customer qualifications to receive our service
  • to bill for our service
  • to ensure the proper functioning of our service
  • and for other related business purposes including offering you new services or offerings.

We may also use this information to respond to your requests or enable participation in a particular promotion.

Personally Identifiable Viewing Information Uses. Some features of the Sezmi Service may allow us to collect your Personally Identifiable Viewing Information. We collect this type of information solely with your consent which we obtain when you accept our Terms of Service. We may use Personally Identifiable Viewing Information to help us provide you with a compelling entertainment service. It may help us:

  • recommend viewing choices,
  • personalize your viewing experience
  • select advertisements or other promotions for you that you may be of interest to you.

Also, we may use this information for surveys, audience measurement, and other legitimate business purposes. Your Sezmi Media Recorder may use your viewing information to recommend programs for you.

Anonymous Viewing Information Uses. We do not collect your Personally Identifiable Viewing Information without your consent. Absent your consent, the Anonymous Viewing Information transmitted from a Sezmi Media Recorder to us does not include any information that would enable us to identify the Sezmi Media Recorder from which it came. We use Anonymous Viewing Information to understand, for example, that a customer from a particular zip code watched one or more particular shows, but we cannot associate those viewing choices with you. You may request that we block the collection of Anonymous Viewing Information from your Sezmi Media Recorder as described below.

4. When We Disclose Information

  1. Business Activity. We share Customer Information with third parties where it is necessary to conduct a legitimate business activity related to serving our customers, including, but not necessarily limited to, as follows:
    1. Support services: We share Customer Information with providers of bill processing, customer support and technical assistance, debt collection, and other support services. We take reasonable steps to require these third parties to maintain the confidentiality of the Customer Information, and to use such information solely on our behalf in a manner consistent with this Policy.
    2. Third party services: You may order services from third parties offered over the Sezmi Service. We share Customer Information with such third parties in order to coordinate delivery or billing of the services provided by such third parties to your Sezmi Media Recorder and to otherwise fulfill your requests. To the extent you order services or products from third parties over the Sezmi Service, their use of your Customer Information may be subject to their privacy policies, and we encourage you to review their privacy policy.
  2. Affiliated companies. We may share Customer Information with affiliated companies of Sezmi. Any such affiliates are required to honor this Privacy Policy.
  3. Marketing. We may share Customer Information, including programming purchases, with selected media, entertainment, and other similar service providers, as well as with third parties with whom we offer co-branded or joint products or services. These third parties may use this Customer Information to market products or services to you.
  4. Aggregate and Anonymous Viewing Information. We may use or disclose aggregated and/or Anonymous Viewing Information and any derived analyses to third parties including suppliers, advertisers, partners, broadcasters, research companies and other organizations, without any limitations.
  5. Sezmi Media Receiver. When you elect to participate in a special offer or engage in a transaction with Sezmi or a third party advertiser or promoter through your Sezmi Media Receiver, we will collect and disclose your Commerce Information, on your behalf, to the party sponsoring or fulfilling the promotion. This information is disclosed only upon your affirmative response to an offer. In addition to fulfilling your request, that party may also use your Commerce Information to send you other information in which you might be interested consistent with its own privacy policies.
  6. Legal Requirements. We may share Customer Information or Personally Identifiable Viewing Information with third parties to meet legal requirements, in response to legal process, where permitted by law to protect our rights and property, including to combat identity theft or to investigate billing fraud, or in situations where we believe such disclosure may be necessary to protect the rights or safety of any persons. In most cases where disclosure is being made pursuant to legal process, unless prohibited by law, we will provide you with prior notice of such subpoena or court order so that you have the opportunity to contest in a court proceeding the subpoena or court order.
  7. Sale or transfer of the business. We may share Customer Information with third parties in connection with the sale, transfer, or other assignment of our business, which company will assume the rights and obligations regarding your Customer Information as described in this Privacy Policy.

5. How We Protect Information

We take reasonable steps to protect Customer Information by using security technologies and procedures that limit access to our databases. However, no system is completely secure or error-free. We do not, and cannot, guarantee the complete security of Customer Information.

If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this service or providing Customer Information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues. We may post a notice through the service if a security breach occurs. We may also send an email to you at any email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at privacy@sezmi.com.

6. How Long We Maintain Information

We maintain information about you while we provide service to you, and may retain it longer for related business activities to the extent permitted by applicable law. After information is no longer necessary for our business purposes, it may be retained in our archives and/or we may destroy the information unless there is an outstanding request or order to preserve the information.

7. Your Choices

  1. Our system automatically collects Personally Identifiable Viewing Information, this information is necessary for us to provide a customized viewing and user experience. We will not disclose Personally Identifiable Viewing Information for any business or marketing purposes. There may be some circumstances, such as where we believe the law requires, where disclosure might occur. In such events we will follow this Policy as set forth above.
  2. Even though Anonymous Viewing Information does not include any Account Information whatsoever, you may request that we block the collection of such information from your Sezmi Media Receiver.
  3. You may further opt not to receive communications that we send to you based on your Account Information. If you make this choice, you understand that we will not be able to inform you about any upcoming features, improvements, or promotions regarding your Sezmi Service. In all cases, however, we will collect and use your Account Information (including System Information) and Diagnostic Information for legitimate business purposes.
  4. You may choose not to permit us to share your Customer Information with third parties for their direct marketing purposes by notifying us via email to privacy@sezmi.com or by telephone at 1-888-MY-SEZMI.

8. How You Can Access Your Information

You may update or change your contact information, billing information, and privacy preferences collected and stored by Sezmi. You may make a request by telephone, mail, or via the web (if and when available) to review such information and we will take reasonable steps to accommodate such requests. If you request that certain parts of such information be changed, we will make the changes to the extent commercially practicable.

9. Third-Party Advertisers, Links to Other Sites

The Sezmi Service may be linked to services operated by other companies. Sezmi may also permit other companies to serve advertisements within the Sezmi Service. You should consult the respective privacy policies of these third-party services. Sezmi’s Privacy Policy does not apply to, and we cannot control the activities of, such other third party services.

10. Parental Controls

The Sezmi Service contains parental controls which can limit a child’s use of the Sezmi Service. Sezmi’s Parental Control capability allows the customer account holder the ability to control the type of content viewed by users within the household. This capability is password driven and covers all users and content within the household.

11. Modifications to this Policy

We reserve the right to change this Privacy Policy at any time. If we make a material change that would enable us to use any information previously collected under this Policy in a less restrictive manner we will take reasonable steps to obtain your consent to any such new use or disclosure. For material changes that will apply on a going-forward basis to new information collection or use, we will update this Policy and notify you electronically through the email address you have provided. In most cases, we will attempt to notify you in some form 30 days before the effective date of the change. Your continued use of the service constitutes your agreement to any such changes.

12. Our Contact Information

If you have questions about this Policy, you may contact us 24 hours a day, any day of the year, by phone 1-888-MY-SEZMI or e-mail privacy@sezmi.com.

Sezmi Privacy Policy
1301 Shoreway Rd.
Belmont, CA 94002

Sezmi Residential Customer Agreement

Last Modified: July 15, 2010

“Sezmi” is a trademark of Sezmi Corporation. For purposes of this Agreement and any customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, “Sezmi”, “we” or “us” shall mean Sezmi Corporation or, where applicable under the particular circumstances, third party billing agents, and “you” or “your” refer to you, the Sezmi subscriber.

 

THIS RESIDENTIAL CUSTOMER AGREEMENT ("AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH SEZMI WILL PROVIDE ITS SERVICES TO YOU. THIS AGREEMENT IS EFFECTIVE UNTIL CHANGED OR REPLACED. IF YOU ARE AN EXISTING SEZMI CUSTOMER AND DO NOT ACCEPT THESE TERMS AND CONDITIONS, OR ANY SUBSEQUENT CHANGES TO, OR REPLACEMENT OF, THESE TERMS AND CONDITIONS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL AT OUR OPTION CANCEL YOUR SERVICES OR ALLOW YOU TO CONTINUE TO RECEIVE YOUR SERVICES UNDER THE TERMS AND CONDITIONS OF YOUR IMMEDIATELY PRIOR RESIDENTIAL CUSTOMER AGREEMENT. IF YOU ARE AN EXISTING SEZMI CUSTOMER, WE WILL NOTIFY YOU OF ANY CHANGES TO, OR REPLACEMENT OF, THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOUR CONTINUED RECEIPT OF SEZMI SERVICES FOLLOWING RECEIPT OF SUCH NOTICE SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGED OR REPLACED TERMS AND CONDITIONS AND THEY WILL BE LEGALLY BINDING ON YOU. IF YOU ARE A NEW SEZMI CUSTOMER, YOUR ACTIVATION OF A SEZMI ACCOUNT AND RECEIPT OF SEZMI SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND ITS TERMS AND CONDITIONS WILL BE LEGALLY BINDING UPON YOU.

 

If you are a new Sezmi Customer and do not wish to accept the terms of this Agreement for any reason, you may return the Equipment in the original packaging with your receipt to the location where you made your purchase within 30 days of such purchase and receive a full refund.

 

Thank you for choosing Sezmi as your television service provider. Sezmi is happy to answer any questions you may have and to provide you with technical and other customer support. You may contact us 24 hours a day, any day of the year, by any of the following means:

 

Phone: 1-888-MYSEZMI (1-888-697-3984)
Email: Customercare-agents@sezmi.com
Website: www.sezmi.com

 

1. THE SEZMI SERVICE

 

A. Services Defined. For purposes of this Agreement, the term “Services” shall mean all video, audio, interactive and other programming services and all other services that are currently available from Sezmi (whether subscription based, on-demand based or otherwise) and that we may provide to consumers in the future.

 

B. Changing Your Programming Selection. Unless otherwise specified in this Agreement or the customer agreement(s), if any, applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, you may change your programming selection at any time by notifying us. A fee may apply to such changes (“Transaction Change Fee”). In addition (and without limitation), you may be charged a monthly fee (“Service Access Fee”) if you fail to subscribe to one of the following Sezmi basic programming packages: Basic, Select, or Supreme. Some Services are only available if you purchase and maintain a minimum level of programming.

 

C. Internet Access. Certain aspects of Sezmi Service require that you have high-speed (broadband) internet access into the household that you can use with and where you are receiving the Sezmi Services ("Broadband Connection"). Although Sezmi is not a provider of Broadband Connections, one or more of our partners who resell the Sezmi Service may also offer Broadband Connection offerings. For any issues relating to your Broadband Connection, you should contact your Broadband Connection provider, and not Sezmi.

 

D. Programming Availability. Certain Services transmitted by us, including but not limited to some subscription Services, sporting events and broadcast network Services, may be blacked out in your area of reception. If you circumvent or attempt to circumvent any of these blackouts, you may be subject to legal action. You must be at least 18 years of age, or the applicable age of majority where you reside, in order to receive adult-oriented programming services.

 

E. Ordering On-demand. You may order Sezmi special events and on-demand Services by using the Sezmi store to select the movies and other events we offer. To receive the full functionality of Sezmi on-demand Services, your Sezmi receiver must be connected to a Broadband Connection.

 

F. Private Home Viewing Only. Sezmi provides Services to you solely for your private home viewing, use and enjoyment. You agree that no Services provided to you will be viewed in areas open to the public or in commercial establishments. Services may not be rebroadcast, nor performed, nor may admission be charged for listening to or viewing any Services. If we later determine that you utilized your Equipment (or sold, leased or otherwise gave possession of such equipment to a third party who you knew or reasonably should have known intended to use it) to permit the viewing of Services in a commercial establishment or any other area open to the public, we may disconnect your Services and in addition to all other applicable fees, you agree to pay us the difference between the price actually paid for Services and the full commercial rate for such Services, regardless of whether we have or had the rights to distribute such Services in a commercial establishment.

 

G. Additional Tuners and Receivers. We may allow you to place additional Sezmi Media Recorders on your account in our sole discretion. Each additional Sezmi Media Recorder will be authorized to receive the same Services as your initial receiver. This option is only available if your initial Sezmi Media Recorder and all additional receiver(s) are located at the same residence and are continuously connected to a Broadband Connection. Unless otherwise specified in the customer agreement(s), if any, applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, Sezmi will charge you a monthly additional outlet programming access fee (“Additional Outlet Programming Access Fee”) for each Sezmi Media Recorder activated on your account beyond the first. If you desire to receive services at two different residential locations, you must open a separate account for each location. You agree that you will not directly or indirectly use a single account for the purpose of authorizing Services for multiple Sezmi Media Recorders that are not all located in the same residence. If we later determine that you did, we may disconnect your Services and, in addition to all other applicable fees, you agree to pay us the difference between the amounts actually received by us and the full retail price for the Services authorized for each Sezmi receiver on your account.

 

H. Changes in Services Offered. We reserve the right to add, delete, rearrange and/or change any and all programming, programming packages and other Services that we offer, and our prices and fees related to such programming, programming packages and Services at any time, including without limitation during any term agreement period to which you have agreed under the terms and conditions of any other agreement with Sezmi. If a change affects you, we will provide you notice of such change and its effective date. In the event that we delete, rearrange or change any programming, programming packages or other Services, you understand and agree that we have no obligation to replace or supplement any programming, programming packages or other Services previously offered that have been deleted, rearranged or otherwise changed. You further understand and agree that you will not be entitled to any refund because of a deletion, rearrangement or change in the contents of any programming, programming packages, or other Services previously offered. If, however, we have deleted programming that was part of your Services under a multi-month subscription, we may elect to offer you a one-time opportunity to cancel your multi-month subscription before the end of its term and in such case if you pre-paid, offer you a refund of the pre-paid amount allocable to the period left in your term.

 

I. Multi-Month Subscriptions. For multi-month subscriptions, you may downgrade your Services only at your time of renewal. You may not downgrade your Services during the term of a multi-month subscription.

 

J. Personal Information and Privacy. We do collect personal information about you ("Personal Information"). The use and disclosure of Personal Information is governed by our service privacy policy that can be found at www.sezmi.com. You can also request that we send you a written copy of the privacy policy by contacting us as set forth above.

 

2. BILLING POLICIES AND PAYMENTS FOR SERVICES

 

A. Bills. You agree to pay all amounts billed for Services and to pay all taxes, fees and other charges, if any, which are now or may in the future, be assessed in connection with any Services you receive from us. Unless you prepay for a multi-month subscription to Services, we will bill you each month, in advance, for most Services and in arrears for other Services such as on-demand ordered by you or anyone who uses your Equipment, whether with or without your permission, until you cancel your Services. Bills you receive will show the total amount due, the payment due date, payments, credits, purchases and certain other charges to your account.

 

B. Payments and Late Payments. You agree to pay us in full monthly by the payment due date indicated on your bill for your Services and for any other charges due and owing to us, including without limitation any fees named in this Agreement. If you do not pay your bill in full on or before its due date, you agree to pay an administrative fee for late payment (“Late Payment Fee”) as described below. Other fees and charges may also be assessed, including without limitation a returned payment fee (“Returned Payment Fee”) in the event such non-payment arises from non-sufficient funds. If payment is made by calling a Sezmi customer service representative, a fee may be assessed (“Live Operator Payment Fee”) as described below. If partial payments are made, they will be applied first to the oldest outstanding bill. Sezmi does not extend credit to our customers, and the Late Payment Fee is not interest, a credit service charge or a finance charge. You understand and agree that in the case of late payment or nonpayment for any Services ordered by you or for any of the charges stated below, we may report such late payment or nonpayment to credit reporting agencies. If you do not pay your bill in full by its due date, or if you at any time otherwise fail, neglect or refuse to make timely payment for your Services, we have the right to disconnect your Services at any time thereafter, in our sole discretion, and in such event we shall be wholly relieved from any and all of our duties and obligations under this Agreement. If your Services are disconnected for non-payment or for any other reason, Sezmi may require you to pay, and you agree to pay, all past due charges, a fee for reconnection (“Restart Fee”), and all outstanding balances accrued through the date of such disconnection, before we reconnect your Services. Unless required by applicable law, deposits will not be held segregated from other funds and shall not earn or accrue interest. Promotional pricing is valid only at time of installation. Additional charges may apply for you to upgrade your Services or Equipment after installation or for non-standard installations.

 

C. Suspension of Multi-Month Subscription. If you paid for an annual or other multi-month subscription to any Services and your account is past due for any amount owed to us, at our option we may suspend any or all Services until we receive payment in full of all past due amounts, and/or convert your annual or other multi-month subscription to a monthly subscription. If we convert your multi-month subscription to a monthly subscription, we will first apply the amount you paid for your multi-month subscription to any past due amounts and then any remaining amounts to any obligations you incur in the future.

 

D. Collection Fees. If we use a collection agency or attorney to collect any money you owe us or to assert any other right which we may have against you, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorney's fees and court costs. If there are billing errors or other requests for credit, you may contact our Customer Service Center by telephone or in writing. You must contact us within twenty (20) days after the date you receive the billing statement for which you are seeking corrections. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay an administrative fee for late payment.

 

E. Special Fees. In addition to (and without limitation of) any amounts due for your Services and any other amounts due pursuant to any customer agreement(s) pursuant to which you are receiving Services and/or Equipment, you agree to pay the fees referenced below (“Fees”) if and when applicable. Sezmi reserves the right to change these Fees, increase these Fees or add additional Fees at any time and from time to time, in our sole discretion upon notice to you.

 

1.      Late Payment Fee: $5.00

2.      Service Activation Fee: $50.00, upon activation of your Service account.

3.      Equipment replacement Fee: Up to $400, if you lose or fail to return your Leased Equipment.

4.      Deactivation Fee: $25.00 if you cancel your Service or we deactivate your Service because of your failure to pay or for some other breach on your part.

5.      Transaction Change Fee: $25.00 service change fee if you change your service subscription.

6.      Service Access Fee: $5.00 per month service charge.

7.      Returned Payment Fee: $10.00 for any payment refused for insufficient funds.

8.      Live Operator Payment Fee: $5.00 for acceptance of payment via Sezmi Customer Care representative.

9.      Restart Fee: $25.00 to reinstate your account in the event it was cancelled due to non-payment.

 

In the event billing is provided through a third-party billing agent, the above fees may differ.

 

F. Third Party Billing Agent. Different or other payment and billing terms and conditions may apply when billing is provided through a third-party billing agent, including without limitation, a local telephone company.

 

3. CANCELLATION OF SERVICE

 

A. Term. Your Services will continue until cancelled or disconnected as provided herein. Unless previously disconnected, your subscription will be automatically renewed unless and until you contact us to cancel it as provided in the next paragraph.

 

B. Cancellation. You have the right to cancel your Services for any reason and at any time by notifying us via telephone at the phone number set forth at the beginning of this Agreement. Please be aware that certain promotions have an optional or mandatory term agreement period and if you cancel your Services prior to the expiration of that optional or mandatory term agreement period, certain early termination or cancellation fees may apply.

 

C. Disconnection of Service. In addition to all other rights that Sezmi may have to disconnect your Services, Sezmi has the right to disconnect your Services at any time without providing notice to you if: (i) you fail to pay any bill in full when it is due; (ii) we receive confirmation that you have received Services, or any part of the Services, without paying for them; (iii) you otherwise violate the terms and conditions of this Agreement or any customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment; (iv) you transfer, encumber or relocate any leased Equipment (unless you relocate such equipment as part of a residential move into an area within which you can permissibly continue to receive such Services); (v) you assign or attempt to assign any of your rights, duties or obligations under the terms and conditions of this Agreement or any customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment ; (vi) you are receiving Services through a third-party billing agent and become ineligible to receive applicable services provided by such third-party billing agent; or (vii) any act of bankruptcy on your part or the commencement of bankruptcy proceedings against you.

 

D. Outstanding Balance Must Be Paid. If your Services are canceled or disconnected for any reason, you are still responsible for the payment of all outstanding balances accrued, including without limitation any applicable Fees.

 

E. Payments Nonrefundable. You understand that, except in certain limited circumstances, charges for Services, once charged to your account, are nonrefundable and no refunds or credits will be provided in connection with the cancellation of subscriptions to Services. If you received a discounted price in exchange for your agreement to pay for your Services on a multi-month basis, and you cancel your Services prior to the expiration of your multi-month subscription, you understand and agree that you are not entitled to any refund or credit for the unused portions of your multi-month subscription.

 

F. Early Cancellation Fee. You may be subject to an early cancellation fee if you entered into a programming commitment and have failed to maintain the required programming package for the required period of time.

 

4. EQUIPMENT

 

A. Equipment Defined. In order to receive Services it will be necessary for you to purchase or lease certain equipment consisting primarily of a Sezmi Media Recorder(s), Reception System(s), and Remote Control(s). As used herein, "Equipment" means the Sezmi Media Recorder(s), Sezmi Remote Control(s) and Sezmi Reception System(s), and any other Sezmi branded equipment and software provided to you for using and receiving the Services.

 

B. Changes To Equipment. Sezmi reserves the rights to alter software, features and/or functionality in your Equipment (and thereby the Services), provide data and content to the Media Recorder, store data and content on the hard drives of the Media Recorder, and send electronic counter-measures to your Sezmi Media Recorders, through periodic downloads. Sezmi will use commercially reasonable efforts to schedule these downloads to minimize interference with or interruption to your Services, but shall have no liability to you for any interruptions in Services arising out of or related to such downloads.

 

C. Recording. Sezmi's Media Recorder allows you to record programming in digital format. Total recording time varies depending on your receiver and the nature of the programs being recorded. Sezmi does not guarantee access to or recording of any particular programming. Most programming is the copyrighted material of the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third party that supplied it except as permitted by the “fair use” provisions of the U.S. copyright laws.

 

D. Monthly Equipment Fee. Unless otherwise specified in the terms and conditions of the customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, we may charge you a monthly Sezmi service fee (“Sezmi Equipment Service Fee”) for each Sezmi Service activated on your account.

 

E. Proprietary Equipment. Sezmi Equipment contains components and software that are proprietary to Sezmi. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of your Services and/or legal action.

 

F. Media Recorder Connected To Broadband Connection. To use the Sezmi Service, you must continuously connect each Sezmi Media Recorder on your account to a Broadband Connection. Failure to connect each Media Recorder to a Broadband Connection may result in interruption or disconnection of Services.

 

G. Lost or Stolen Equipment. If your Equipment is stolen or otherwise removed from your premises without your authorization, you must notify our Customer Service Center by telephone immediately, but in any event not more than three (3) business days after such removal to avoid liability for payment for unauthorized use of your Equipment. You will not be liable for unauthorized use that occurs after we have received your notification.

 

H. Software License. You are licensed to use the software provided in your Sezmi Equipment, as may be updated by Sezmi from time to time, solely in executable code form, solely in conjunction with lawful operation of the Equipment that you purchased or leased, and solely for the purposes receiving and using the Services under this Agreement. You may not copy, modify or transfer any software provided in your Sezmi Equipment, or any copy thereof, in whole or in part. You may not reverse engineer, disassemble, decompile or translate such software, or otherwise attempt to derive its source code, except to the extent allowed under any applicable laws. Any attempt to transfer any of the rights, duties or obligations of this license agreement is null and void. You may not rent, lease, load, resell for profit or distribute any software provided in your Sezmi Equipment, or any part thereof. Such software is licensed, not sold, to you for use only under the terms and conditions of this license agreement, and Sezmi and its suppliers reserve all rights not expressly granted to you. Except as stated above, this license agreement does not grant to you any intellectual property rights in the software provided in your Sezmi Equipment. If you breach any term or condition of this Agreement, this license will automatically terminate.

 

I. External Antenna. From time to time, in certain markets, Sezmi may make available external antennas for installation at your home by Sezmi installers at our expense. Sezmi reserves the right to determine eligibility for Sezmi installed external antennas in its sole discretion. If you request a Sezmi installed external antenna, it will be provided at no additional charge provided you agree to a one-year subscription and you take full responsibility for compliance with any property rules (homeowners association, local zoning restrictions, landlord requirements, etc.). Termination of your Sezmi subscription earlier than one-year from the date of antenna installation, will result in an early termination fee of $200.

 

5. LEASED EQUIPMENT

 

A. Leased By Sezmi. Sezmi may, from time to time, lease certain Equipment to subscribers. If you elect to lease Equipment from Sezmi, the terms and conditions of the customer agreement(s) applicable to the lease promotion(s) pursuant to which you are leasing such Equipment shall apply, which are in addition to (and without limitation of) the terms and conditions of this Agreement. Unless otherwise specified in such customer agreement(s): (i) such Equipment shall at all times remain the sole and exclusive property of Sezmi and we will have the right, in our sole discretion, to provide or replace leased Equipment with new or reconditioned Equipment and to remove, or require the return of, such Equipment upon cancellation or disconnection of your Services for any reason and (ii) we will charge you a monthly equipment rental fee (an “Equipment Rental Fee”) for each leased Media Recorder activated on your account. No leased Equipment provided to you by Sezmi shall be deemed fixtures or part of your realty. Our ownership of such Equipment may be displayed by notice contained on it. You shall have no right to pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter or tamper with such Equipment (or any notice of our ownership thereon) at any time. Any reinstallation, return, or change in the location of such Equipment shall be performed by us at our service rates in effect at the time of such service. You shall not attach any electrical or other devices to, or otherwise alter, any such Equipment without our prior written consent. We reserve the right to make such filings as may be determined to be necessary by us in our sole discretion to evidence our ownership rights in such Equipment, and you agree to execute any and all documents as may be so determined to be necessary for us to make such filings. You are responsible for preventing the loss or destruction of leased Equipment and we recommend that such Equipment be covered by your homeowners, renters or other insurance policy.

 

B. Return of Leased Equipment. Upon termination of your Services, you must notify our Customer Service Center or call the telephone number set forth in the customer agreement(s) applicable to the lease promotion(s) pursuant to which you are leasing the applicable Equipment to schedule the return of your leased Equipment. If such Equipment is not returned undamaged and in working order, normal wear and tear excepted, certain charges will apply as described in the customer agreement(s) applicable to the lease promotion(s) pursuant to which you are leasing such Equipment. You are responsible for, and agree to pay, any costs of repair, replacement or other costs if you do not return such Equipment undamaged and in working order, normal wear and tear excepted.

 

C. Damaged Equipment. You shall notify us promptly of any defect in, damage to, or accident involving your leased Equipment. All maintenance and repair of such Equipment shall be performed by us or our designee(s). Sezmi may charge you for any repairs that are necessitated by any damage to, or misuse of, such Equipment. THE CONTENTS OF YOUR LEASED EQUIPMENT MAY BE DELETED AND ANY STORAGE MEDIA REFORMATTED IN THE COURSE OF MAINTENANCE AND REPAIR.

 

6. Sezmi Limited Warranty

 

Sezmi’s warranty obligations are limited to the terms set forth below; however, to the maximum extent allowed by law issues arising over Leased Equipment will be handled pursuant solely to section 5.C:

 

A. Sezmi Limited Warranty (Excluding Software). Sezmi Inc. (“Sezmi”) warrants the Equipment against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of purchase by the original end-user purchaser (“Warranty Period”). If a hardware defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, Sezmi will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, (2) exchange the Equipment with an Equipment that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Equipment, or (3) refund the purchase price of the Equipment. Sezmi may request that you replace defective parts with new or refurbished user-installable parts that Sezmi provides in fulfillment of its warranty obligation. A replacement Equipment or part, including a user-installable part that has been installed in accordance with instructions provided by Sezmi, assumes the remaining warranty of the original Equipment or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When Equipment or parts are exchanged, any replacement item becomes your property and the replaced item becomes Sezmi’s property. Parts provided by Sezmi in fulfillment of its warranty obligation must be used in Equipment for which warranty service is claimed. When a refund is given, the Equipment for which the refund is provided must be returned to Sezmi and becomes Sezmi’s property.

 

B. Sezmi Software Disclaimer of Warranty. EXCEPT AS PROVIDED IN THE APPLICABLE SOFTWARE END-USER LICENSE OR IF OTHERWISE PROVIDED UNDER LOCAL LAW, THE SERVICES AND SOFTWARE, INCLUDING ANY software provided under public license by third parties, including operating systems or applications OR THE OPERATING SYSTEM PREINSTALLED BY SEZMI ARE PROVIDED ‘AS IS’, AND SEZMI HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES.

 

C. WARRANTY EXCLUSIONS AND LIMITATIONS. This Sezmi Limited Warranty applies only to Equipment manufactured by or for Sezmi that can be identified by the “Sezmi” trademark, trade name, or logo affixed to them and the equipment identifier. The Sezmi Limited Warranty does not apply to any non-Sezmi hardware products or any software, even if packaged or sold with Sezmi hardware. Manufacturers, suppliers, or publishers, other than Sezmi, may provide their own warranties to the end user purchaser, but Sezmi, in so far as permitted by law, provides their products “as is.” Software distributed by Sezmi with or without the Sezmi brand name (including, but not limited to system software) is not covered under this Sezmi Limited Equipment Warranty. Refer to the licensing agreement terms set forth above with respect to software license for details of your rights with respect to its use. Sezmi does not warrant that the operation of the Equipment or services will be uninterrupted or error-free. Sezmi is not responsible for damage arising from failure to follow instructions relating to the Equipment’s use.

 

This Sezmi Limited Warranty does not apply: (a) to damage caused by use with non-Sezmi products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; (c) to damage caused by operating the Equipment outside the permitted or intended uses described by Sezmi; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Sezmi or a Sezmi Authorized Service Provider (“SASP”); (e) to Equipment or part that has been modified to alter functionality or capability without the written permission of Sezmi; (f ) to consumable parts unless damage has occurred due to a defect in materials or workmanship; (g) to cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports; or (h) if any Sezmi serial number has been removed or defaced.

 

THIS SEZMI LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SEZMI’S RESPONSIBILITY FOR EQUIPMENT DEFECTS (EXCLUDING SOFTWARE AS SET FORTH ABOVE) IS LIMITED TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY SEZMI IN ITS SOLE DISCRETION. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THIS LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE SEZMI LIMITED EQUIPMENT WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

 

D. Obtaining Warranty Service. Please access and review the online help resources referred to at www.sezmi.com before requesting warranty service. If the Equipment is still not functioning properly after making use of these resources, please contact the Sezmi through any of the means set forth above. When contacting Sezmi via telephone, charges may apply depending on your location. When calling, a Sezmi representative, or SASP, will help determine whether your Equipment requires service and, if it does, will inform you how Sezmi will provide it. You must assist in diagnosing issues with your Equipment and follow Sezmi’s warranty processes. Sezmi may restrict service to the fifty states of the United States of America and the District of Columbia, and provide warranty service (i) at a SASP location, where service is performed at the location, or the SASP may send the Equipment to a Sezmi repair service location for service, (ii) by sending you prepaid way bills (and if you no longer have the original packaging, Sezmi may send you packaging material) to enable you to ship the Equipment to Sezmi’s repair service location for service, or (iii) by sending you new or refurbished customer-installable replacement Equipment or parts to enable you to service or exchange your own Equipment (“DIY Service”). Upon receipt of the replacement Equipment or part, the original Equipment or part becomes the property of Sezmi and you agree to follow instructions, including, if required, arranging the return of original Equipment or part to Sezmi in a timely manner. When providing DIY Service requiring the return of the original Equipment or part, Sezmi may require a credit card authorization as security for the retail price of the replacement Equipment or part and applicable shipping costs. If you follow instructions, Sezmi will cancel the credit card authorization, so you will not be charged for the Equipment or part and shipping costs. If you fail to return the replaced Equipment or part as instructed, Sezmi will charge the credit card for the authorized amount. Service options, parts availability and response times may vary. Service options are subject to change at any time. In accordance with applicable law, Sezmi may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to www.sezmi.com for more details on this and other matters on obtaining warranty service.

 

THE CONTENTS OF YOUR EQUIPMENT MAY BE DELETED AND ANY STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY SERVICE. Your Equipment will be returned to you configured as originally purchased, subject to applicable updates.

 

7. LIMITATION OF OUR LIABILITY

 

A. NEITHER WE, OUR LICENSORS NOR OUR THIRD-PARTY BILLING AGENTS NOR ANY OF OUR OR THEIR AFFILIATES WILL BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR FOR ANY DELAY OR FAILURE TO PERFORM, INCLUDING WITHOUT LIMITATION IF SUCH INTERRUPTION OR DELAY OR FAILURE TO PERFORM ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF SEZMI'S ACCESS TO ALL OR ANY PORTION OF SERVICES, A CHANGE IN THE FEATURES AVAILABLE WITH YOUR EQUIPMENT, ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US OR ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY OF ANY OTHER CAUSE BEYOND OUR CONTROL.

 

B. NEITHER WE, OUR LICENSORS, NOR OUR THIRD PARTY BILLING AGENTS NOR ANY OF OUR OR THEIR AFFILIATES WILL BE LIABLE FOR ANY DAMAGE RESULTING FROM LOSS OF RECORDED MATERIAL OR THE PREVENTION OF RECORDING, INCLUDING WITHOUT LIMITATION ANY LOSS OF PREVENTION OF RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT.

 

C. TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR LICENSORS, OUR THIRD PARTY BILLING AGENTS, OR ANY OF OUR OR THEIR AFFILIATES HAVE ANY LIABILITY (I) FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO SEZMI EQUIPMENT OR ANY OTHER EQUIPMENT OR RESULTING FROM OUR FURNISHING OR FAILURE TO FURNISH ANY SERVICES OR EQUIPMENT TO YOU, OR FROM ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO YOU, OR (II) THAT EXCEEDS IN THE TOTAL AGGREGATE THE AMOUNT THAT YOU HAVE PAID FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE SPECIFIC EVENT THAT GAVE RISE TO THE DAMGE OR LOSS. THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. You may have greater rights than described above under your state's laws.

 

D. IT IS YOUR RESPONSIBILITY TO IMPOSE VIEWING RESTRICTIONS ON YOURSELF, MEMBERS OF YOUR FAMILY AND HOUSEHOLD, AND GUESTS, AS YOU DEEM APPROPRIATE. WE, OUR LICENSORES, OUR THIRD PARTY BILLING AGENTS, AND OUR AND THEIR AFFILIATES SHALL HAVE NO LIABILITY TO ANYONE DUE TO, OR BASED UPON, THE CONTENT OF ANY OF THE SERVICES FURNISHED TO YOU.

 

8. WARNING AGAINST PIRACY AND INFRINGEMENT

 

It may be a violation of various U.S. federal and state laws to receive any Services, or any portion of such Services, without paying for them. Equipment may incorporate copyright protection technology that is protected by U.S. patents and other intellectual property rights. Use of such copyright protection technology must be authorized by Macrovision, and is intended for home and other limited on-demand uses only unless otherwise authorized by Macrovision. Reverse engineering or disassembly is prohibited.

 

9. GENERAL

 

A. Physical Address/Change of Address. When setting up your Sezmi account, you agree to provide us with the physical street address where your Equipment will be located and your Services will be provided. A post office box does not constitute a physical address and is not sufficient to meet this requirement. You agree to give us prompt notice of your change of name, mailing address, physical address where your Equipment is located, and telephone number. You may do this by visiting www.sezmi.com and going to “My Account” section of the site or by notifying our Customer Service Center by telephone at 1-888-MYSEZMI (888-697-3984).

 

B. Notice. Any notice required or permitted to be given by us under this Agreement may be provided via the mail, on your billing statement, as a bill insert, via broadcast on a television channel, through publication on the website set forth in the beginning of this Agreement, by telephone or by any other reasonable means. If we send you notice by mail, on your billing statement or as a bill insert, it will be considered given when delivered to you at your then-current billing address in our records. If we send you notice via broadcast on a television channel or through publication on the website set forth in the first paragraph of this Agreement, it will be considered given when first broadcast or published. If we send you notice by telephone, it will be considered given when personally delivered to you or when left as a message at your then-current phone number in our records. Unless otherwise specified in this Agreement, any notice required or permitted to be given by you under this Agreement shall be in writing and shall be sent by first class mail addressed to us at the mailing address set forth in the first paragraph of this Agreement, and shall be deemed given when received by us at such mailing address.

 

C. Credit Checks. You authorize Sezmi to investigate your financial responsibility and creditworthiness, including without limitation acquiring credit reports and histories, and to report any payment defaults to credit reporting agencies. Under the Fair Credit Reporting Act, you have the right to notify Sezmi if you believe we have reported inaccurate information about your account to any consumer reporting agency. Please include the specific item of dispute and why you believe the information reported is in error in any such notice.

 

D. Personal Information. If you have an on-line account with us, you are fully responsible for maintaining the confidentiality of your password and account username and for all activities that occur under your password and/or account username. You agree to: (i) keep your account username and password confidential and not share them with anyone else, and (ii) immediately notify us of any unauthorized use of your password and/or account username or other breach of security.

 

E. Applicable Law. This Agreement, including without limitation all matters relating to its validity, construction, performance and enforcement, and any claim, complaint or dispute arising out of or related to this Agreement or Services, shall be governed by the laws and regulations of the State of California without giving effect to its conflict of law provisions. These terms and conditions are subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Agreement is declared to be illegal or in conflict with any law or regulation, that provision shall be modified to the minimum extent necessary to make such provision legal and no longer in conflict with such law or regulation, without affecting the validity of any other provisions.

 

F. Third-Party Billing Agents. We may enter into relationships with third parties to provide billing and other services on our behalf, in which case the terms and conditions of this Agreement shall apply to such third parties as applicable under the circumstances. Additional terms and conditions imposed by our third-party billing agents, including without limitation, local telephone companies, may apply. For example (and without limitation), late fees imposed by our third-party billing agents may be administered according to our third-party billing agent's billing procedures and applicable state tariffs and regulations; our third-party billing agents may require you to pay all past due charges for Services, a restart Fee, and/or a prepayment before we reconnect your Services; other services provided by our third-party billing agents, including without limitation, local telephone service, may need to be restored before Sezmi Services can be restored, and a restoral fee and deposit may be required to restore third-party billing agent services. Partial payments on third-party billing agent bills may be applied to the balance due for other services billed on your third-party billing agent bill, including without limitation, local telephone service, according to the third-party billing agent's billing procedures and applicable state statutes and regulations. Contact your third-party billing agent for details. Failure to pay all or any part of your third-party billing agent bill may result in disconnection of Services.

 

G. Remedies Cumulative. It is agreed that the rights and remedies provided under the terms and conditions of this Agreement to Sezmi in case of default or breach by you of this Agreement are cumulative and without prejudice to any other rights and remedies that Sezmi may have by reason of such default or breach by you at law, in equity, under contract or otherwise (all of which are expressly reserved).

 

H. Other. No salesperson, installer, customer service representative, authorized retailer, or other similarly situated individual is authorized to change the terms and conditions of this Agreement. Sezmi may, however, change the terms and conditions of this Agreement at any time and from time to time in its sole discretion and will notify you if that occurs. The terms and conditions of this Agreement that either are expressly stated to survive or by their nature would logically be expected to survive its expiration or termination shall continue thereafter until fully performed. This Agreement is in addition to any other written agreement(s), if any, between you and Sezmi, including without limitation any installation agreement or customer agreement(s), if any, applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, and except as provided to the contrary herein all such written agreements shall remain in full force and effect. Except as expressly set forth in this Agreement to the contrary, any and all prior Sezmi Residential Customer Agreements are hereby replaced and superseded in their entirety by this Agreement, and such prior Sezmi Residential Customer Agreements shall be of no further force or effect whatsoever. In the event of any conflict or inconsistency between the terms and conditions of this Agreement and any customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, the terms and conditions of such customer agreement(s) shall be controlling. In the event of any ambiguity between the terms and conditions of this Agreement and any customer agreement(s) applicable to the promotion(s) pursuant to which you are receiving Services and/or Equipment, Sezmi shall have the sole and exclusive authority to interpret and/or make a final determination in its sole discretion concerning any issue arising from such ambiguity.

 

I. Assignment and Transfer. Sezmi may sell, assign or transfer your account to a third party without notice to you. You may not assign or transfer your Services without our written consent, which will not be unreasonably withheld. We may, however, refuse to allow you to assign or transfer your Services if you lease your Equipment or if your account has an outstanding balance.