SELF PROTECTION SERVICES ADDENDUM
TO COMCAST AGREEMENT FOR RESIDENTIAL SERVICES
This Self Protection Addendum (the “Addendum”) contains important additional provisions limiting your rights with respect to our provision of and your use of the Xfinity Self Protection services and equipment. In consideration of your agreement to pay for all associated charges, Comcast shall provide you with certain smart home services, including self-monitored continuous video recording and corresponding storage of video content (the “Self Protection Services”). TOGETHER WITH THE TERMS OF THE COMCAST AGREEMENT FOR RESIDENTIAL SERVICES (THE “AGREEMENT”) (WHICH TERMS, INCLUDING A MANDATORY ARBITRATION AGREEMENT, ARE INCORPORATED BY REFERENCE HEREIN), THIS ADDENDUM FORMS A BINDING AGREEMENT BETWEEN YOU AND COMCAST AND GOVERNS YOUR USE OF THE SELF PROTECTION SERVICES. All terms not otherwise defined herein shall have the meanings given to them in the Agreement. In the event of a direct conflict between the terms of this Addendum and the Agreement and/or any other agreements between you and Comcast, the terms of this Addendum shall control, but only with respect to the Self Protection Services.
1. The Self-Protection Services is not a Professionally Monitored Service
Comcast does not monitor the video and/or notification generated by the Self Protection Services. The Self Protection Service is not a home security service, but is an ancillary service to the other services Comcast provides to you under the Agreement.
2. You are Responsible for the Content of Your Videos
You are solely responsible for the content of any video captured by cameras that we provide to you (which are deemed Customer Equipment under the Agreement), and for any consequences of such content being posted or published online or otherwise distributed. You are solely responsible for complying with any laws applicable to your installation of cameras and your use of the Self Protection Services. You confirm that you have requested any such video cameras to be used solely for your own lawful, residential purposes. Comcast will not install cameras in places in areas where people have a heightened expectation of privacy (such as bedrooms, bathrooms or directed exclusively at a neighboring property). Subject to applicable law, Comcast may disclose video content generated by the Self Protection Services to third parties without further notice to you in connection with any law enforcement investigation or proceeding, any dispute to which Comcast is a party, or pursuant to a court order or subpoena.
3. Limitation of Liability – Limiting Your Right of Recovery
YOU ACKNOWLEDGE THAT NEITHER COMCAST, NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS, IS AN INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY, INCLUDING PHYSICAL HARM TO ANY PERSON, THAT MAY OCCUR IN OR AT YOUR PREMISES, WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, LAWFUL OR UNLAWFUL ENTRY IN OR ONTO THE PREMISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, OR OTHERWISE. YOU ARE RESPONSIBLE FOR OBTAINING ALL INSURANCE COVERAGE THAT YOU BELIEVE IS NECESSARY TO PROTECT YOUR RESIDENCE, BUSINESS, BELONGINGS AND PERSONS IN OR ON YOUR PREMISES, INCLUDING COVERAGE FOR PERSONAL INJURY AND PROPERTY DAMAGE. YOU ACKNOWLEDGE AND AGREE FURTHER THAT IT IS EXTREMELY DIFFICULT TO PREDICT OR CALCULATE THE ACTUAL DAMAGES, IF ANY, WHICH MAY RESULT FROM ANY ALLEGED FAILURE ON THE PART OF COMCAST TO PERFORM THE SELF PROTECTION SERVICES. AS DEFINED HEREIN, AND THAT THE PAYMENTS YOU MAKE FOR THE SELF PROTECTION SERVICES ARE NOT RELATED TO THE VALUE OF THE PREMISES, YOUR POSSESSIONS, OR THE PERSONS OCCUPYING OR AT ANY TIME PRESENT IN OR ON THE PREMISES, BUT RATHER ARE BASED ON THE COST OF THE SELF PROTECTION SERVICES, AND SPECIFICALLY TAKE INTO CONSIDERATION THE LEGAL PROTECTIONS AFFORDED TO COMCAST UNDER THIS AGREEMENT. THEREFORE, YOU AGREE THAT COMCAST SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE THAT MAY OCCUR IN CONNECTION WITH OR ARISING OUT OF THE SELF-PROTECTION SERVICES, INCLUDING EVENTS OCCURRING PRIOR TO, AT OR AFTER YOUR USE OF THE SELF PROTECTION SERVICES. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE OF ANY DEGREE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
IF, NOTWITHSTANDING THIS ADDENDUM AND THE AGREEMENT, COMCAST IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS ALLEGED NEGLIGENCE OR THE FAILURE TO PERFORM ITS OBLIGATIONS WITH RESPECT TO THE SELF PROTECTION SERVICES UNDER THIS ADDENDUM, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $250.00. THIS AMOUNT IS THE AGREED UPON DAMAGES, IS NOT A PENALTY AND SHALL BE YOUR EXCLUSIVE REMEDY.
THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: LOST PROFITS; LOST OR DAMAGED PROPERTY; LOSS OF USE OF PROPERTY OR THE PREMISES; GOVERNMENTAL FINES AND CHARGES; AND THE CLAIMS OF THIRD PARTIES. ALSO COVERED BY THIS LIMITATION OF LIABILITY ARE THE FOLLOWING TYPES OF DAMAGES: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE.
4. Third-Party Indemnity and Waiver of Subrogation
The Self Protection Services provided under the Agreement and this Addendum are intended only for your benefit. Therefore, you agree to protect/indemnify, hold harmless, defend (if requested by Comcast) and release Comcast from liability and shall reimburse Comcast for any damages, losses or expenses (including reasonable attorneys’ fees and costs) incurred by Comcast in connection with any claims, suits, judgments and causes of action which relate to or concern the Self Protection Services. This protection/indemnity includes claims brought by any third party, including, without limitation, your insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability. Your duty to protect/indemnify Comcast, however, does not apply to claims based on injuries to third parties or to their property that occur while Comcast’s employees were on your premises and which were caused solely and directly by those employees.
Your duty to protect/indemnify Comcast applies even in the case of the Company’s own negligence.
In case of any claim or loss covered by your insurance, you agree not to look to Comcast for reimbursement. YOU WAIVE ANY RIGHTS THAT YOUR INSURANCE CARRIER OR OTHERS CLAIMING THROUGH YOU MAY HAVE AGAINST COMCAST, INCLUDING ANY RIGHTS OF SUBROGATION.