Terms and Conditions for Cable Television Service

  1. Payment for Service.
    I accept full responsibility for any and all charges that are incurred in connection with my cable television services subscribed to from TVMAX. I understand that I will be billed in advance for those services on a monthly basis and that payment will be due 20 days after the date of each bill. I understand that if my payment is not received by TVMAX on or before the date due, then an administrative fee of $4.95, for which I will be responsible, will be added to my account to compensate TVMAX for the administrative costs of handling late payments. I agree that if I do not pay the overdue charges within 30 days of the date due, TVMAX may charge interest on all overdue amounts at an annual rate equal to the lesser of (i) 14% per annum, or (ii) the maximum rate of interest that may be charged under applicable law (in no event shall any invoice or billing by TVMAX ever be construed as a demand or charge by TVMAX for interest exceeding the maximum lawful rate). I also understand that if my payment is not received by TVMAX on or before the due date, I will be in default and TVMAX may disconnect my services as permitted by applicable law. Once my service is disconnected for any reason, TVMAX reserves the right to refuse to provide further service to me. However, if TVMAX chooses to provide service to me, I understand that TVMAX will require that I pay, in full, the entire overdue amount, including the late fee, a reconnection charge, and at least one month of service in advance. I understand that if I have any questions about my bill, I may call TVMAX at Toll Free 1-866-846-3488.

  2. Rates for Service.
    The rates for the services to which I have subscribed are the standard rates from time to time established by TVMAX for my region, market or service area. I acknowledge that TVMAX reserves the right to change the rates it charges for any of its services with 30 days written notice.

  3. Additional Charges.
    Additionally, I agree that I am responsible for any or all of the following applicable charges:

  1. All city, state, or federal taxes, assessments, and any copyright or other governmentally imposed fees or charges relating to the cable services or the equipment used to provide such services;

  2. The cost for installation of the facilities necessary to provide the services, or any additional parts or equipment that TVMAX may install at my address;

  3. The cost to change from the original location of the installed service plus the cost for any additional wiring, parts, or equipment required to change the service.

  4. The cost of any other service for which there is a service charge; and

  5. Any TVMAX parts or equipment which may be damaged by me or any person using the same with my consent, permission or acquiescence.

  1. Programming.
    1.  I understand that the programming TVMAX delivers to me is for personal viewing only, and I agree that I will not arrange for or allow such programming to be used for commercial purposes or delivered to any other locations. If I videotape or otherwise copy programming from TVMAX’s cable services, I agree that the copy will only be used for private purposes and not any commercial purposes. I understand that channels listed on the front of this agreement or in other materials may not always be available and that TVMAX reserves the right to change its channel lineup at any time and for any reason. I further understand that TVMAX reserves the right to preempt any programming at any time and it will not be liable for any preemption. I further understand that certain special programming may require the payment of an additional “pay-per-view” or other charge.

    2.  I understand that some of TVMAX’s services may contain programming of an adult nature. I understand that the video portion will be scrambled on my television unless I subscribe to the programming; however, there may be brief periods during which the video is recognizable. To completely eliminate the video and audio of these services, I understand that I may obtain blocking devices by calling TVMAX at Toll Free 1-866-846-3488.

  2. Entry On My Property.
    By signing the permission to enter on the front of this form, I hereby grant TVMAX permission to enter my home during the specified times in order to install TVMAX’s equipment and/or connect service. I understand that if I have authorized someone else, such as a building manager, to provide TVMAX with access to the property, then TVMAX shall not be liable for the actions or omissions of such authorized party who provides TVMAX with access to my premises.

  3. Equipment.
    I understand that TVMAX may deliver equipment, such as converters, descramblers, cabling and outlets, to my premises for my use in connection with this agreement. I agree that I am responsible for the condition of all of the equipment which TVMAX installs in my premises and TVMAX may hold me fully liable for any damage to or loss of such equipment from any source whatsoever. I agree that I shall not remove any of TVMAX’s equipment and TVMAX remains the owner of all of the equipment. I understand that TVMAX reserves the right to change or substitute other equipment for the equipment originally delivered. I agree that I have no right to connect the equipment to any other equipment, unless I obtain TVMAX’s prior written approval. I understand that any unauthorized connection with or tampering with TVMAX’s equipment is unlawful under applicable law and will subject me to criminal penalties. I also understand that TVMAX has no responsibility for the operation of my television set or any other equipment.

  4. Moving/Disconnect.
    If I plan to move or for any other reason I desire to discontinue receiving TVMAX’s services, I agree to inform TVMAX at least 15 days prior to the date I desire to cease receiving the services (subject to the terms and conditions of any special promotions, packages or subscriptions to which I may subscribe). I understand that TVMAX may terminate this agreement at any time, for any reason or for no reason, if TVMAX provides me with at least 15 days prior notice. I understand that TVMAX reserves the right to charge disconnection and pick-up charges. I also understand that when my service is disconnected, I must return to TVMAX all equipment which it provided to me, in good working order and without alteration. If I do not return the converter box to TVMAX, or I damage the converter box, I understand that I will be charged a fee of $130.00 as liquidated damages for each box. This amount is agreed to as reasonable because of the impossibility of ascertaining the exact amount of damage which TVMAX may suffer as a result of a loss of revenue due to my loss of or damage to such equipment. If I have provided TVMAX with a deposit, TVMAX may use my deposit as an offset against any amount I owe TVMAX in connection with this agreement or any costs which TVMAX incurs in connection with enforcing this agreement or replacing equipment which I have damaged or lost.

  5. Service/Repair.
    If my cable service does not work correctly, I understand that I may call TVMAX at Toll Free 1-866-846-3488. If, after installation, I do not receive a cable signal, I may receive a credit for a verified outage which I did not cause or contribute to, but only if the service is out for at least three consecutive days and I request a credit at the time I schedule a service appointment. I agree that TVMAX will not be liable for any damages or claims arising out of any failure to furnish any of the cable services to me or any interruption in the cable service, and TVMAX’s maximum liability for any such failure or interruption shall be a credit for services not received.

  6. Liability.
    I agree that TVMAX, my landlord, its property manager, and their officers, directors, employees, agents or affiliated entities (collectively, the “Released Parties”) shall not be responsible for, and I hereby release each of the Released Parties from, any and all liabilities, costs, expenses (including reasonable attorneys’ fees), injuries, deaths, damages or claims of any kind, directly or indirectly associated with the failure or interruption of any cable television or related service, or the operation, maintenance, service or repair of any equipment or accessory equipment connected to the TVMAX cable system, EVEN IF ANY SUCH LIABILITIES, COSTS, EXPENSES, INJURIES, DEATHS, DAMAGES OR CLAIMS RESULT FROM THE NEGLIGENCE, BUT NOT THE WILLFUL MISCONDUCT, OF ANY OF THE RELEASED PARTIES OR ANY PARTY FOR WHICH ANY OF THE RELEASED PARTIES MAY BE RESPONSIBLE. Notwithstanding any provision contained in this agreement to the contrary, I agree that the aggregate maximum amount of TVMAX’s liability under this agreement, whether in tort or in contract, shall not exceed the amount or prorated portion thereof (based on the number of days the affected service was unavailable) that I paid for the affected service. In no event will TVMAX ever be liable to me for any consequential, punitive, indirect or general damages. I understand that TVMAX does not make any representation or warranty, express or implied, with respect to the equipment which it provides to me and does not assume any responsibility for the condition of the equipment. I further understand that TVMAX is not responsible for any damage caused to my television set or other equipment in connection with my viewing of cable television.

  7. Costs of Collection.
    In the event that I do not comply with the terms of this agreement, I agree to pay TVMAX all reasonable costs associated with enforcement of its rights, including, but not limited to, collection fees, legal fees and related costs. I WAIVE ANY RIGHTS TO A TRIAL BY JURY and agree that any lawsuit arising out of or in connection with this agreement shall be tried before a judge in the county where service is provided. I agree that no waiver by TVMAX of any provision of this agreement shall be a waiver of any other condition or of any breach by me.

  8. Franchise.
    I understand that if TVMAX is providing its services to me pursuant to a franchise agreement with a local governmental authority, then rates for cable services and service requirements may be subject to change in accordance with the franchise agreement in my community.

  9. Miscellaneous.

  1. I understand that I may not transfer or assign any of my rights under this agreement.

  2. I acknowledge that this agreement constitutes the entire agreement between me and TVMAX with respect to matters covered herein, and that TVMAX has not made any representations, warranties or other promises or agreed to any other provisions, except as set forth herein.

  3. I agree that if any provision of this agreement should be held to be illegal or unenforceable, the validity and enforceability of the remaining provisions of this agreement shall not be effected thereby.

  4. I understand that if I am married and sign this agreement, I am signing on behalf of both myself and my spouse and I am representing to TVMAX that I have my spouse’s authority to sign the agreement.

  5. I understand that TVMAX reserves the right to supplement, amend or modify these terms and conditions at any time in its sole discretion, which changes will be effective 30 days following notice to me of such changes. I understand that my continued receipt of any of TVMAX’s services following notice of such changes will be deemed my agreement to those changes.