By accessing the Online Content, you agree and understand that: (i) your access to Online Content is subject to the WOW!
terms of service and privacy policy (the “Terms”), which are subject to change, as well as additional terms and conditions
imposed by the Online Content provider; (ii) airtime or data charges may apply and are your responsibility, so please check
with your carrier; (iii) you are responsible for keeping your password and other credentials confidential, as password
sharing with persons outside your household is prohibited; (iv) WOW! may use its system and equipment to collect, use
and store information regarding your use of the service, and may disclose anonymous usage information to Online Content
providers and others; and (v) WOW! may also provide information about you to Online Content providers or their vendors
so that they can: (a) verify that you are an authorized WOW! subscriber who has authority to access the Online Content,
and (b) identify certain characteristics about you, such as your service location. For example, we may provide to content
providers information such as your WOW! subscription status, globally unique identifier, zip code and other identification
information. The content providers may use and store the information for purposes of authenticating your access rights and
providing Online Content to you, including, for example, professional sports programming that is subject to league
blackout rules based on a viewer’s zip code. The content providers may also share anonymous information regarding you
that WOW! provides to them for various other commercial purposes such as selling advertising and generating ratings
information for the programming.
In addition, to access some Online Content, you may be redirected to a website that is not controlled by or affiliated with
WOW! (a “third party site”), and is subject to its own terms and conditions and policies. WOW! has no responsibility for
the Online Content or any other aspect of the third party site, or for the use, storage or disclosure of information that you
provide to a third party. WOW! is not responsible for webcasting or any other form of transmission received from any third
party or linked site nor is WOW! responsible if the third party or linked site is not working appropriately. WOW!’s provision
of links or other access to a third party site does not imply endorsement by WOW! of the site or its contents, or affiliation
with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the
third party sites. YOU EXPRESSLY ACKNOWLEDGE THAT YOU ASSUME ALL RESPONSIBILITY RELATED TO THE SECURITY,
PRIVACY, AND CONFIDENTIALITY RISKS INHERENT IN SENDING ANY CONTENT OR INFORMATION OVER THE INTERNET, OR
PROVIDING PERSONAL INFORMATION TO A THIRD PARTY SITE. BY ITS VERY NATURE, A WEBSITE AND THE INTERNET
CANNOT BE ABSOLUTELY PROTECTED AGAINST INTENTIONAL OR MALICIOUS INTRUSION ATTEMPTS. WOW! DOES NOT
CONTROL THE THIRD PARTY SITES AND THE INTERNET OVER WHICH YOU MAY CHOOSE TO SEND CONFIDENTIAL PERSONAL
INFORMATION OR OTHER CONTENT AND, THEREFORE, WOW! DOES NOT WARRANT ANY SAFEGUARD AGAINST ANY
INTERCEPTIONS OR COMPROMISES TO YOUR INFORMATION, OR HOW YOUR INFORMATION MAY BE USED BY THE THIRD
PARTY SITE. WHEN POSTING ANY CONTENT OR INFORMATION ON AN INTERNET SITE, YOU SHOULD THINK CAREFULLY
ABOUT YOUR OWN PRIVACY IN DISCLOSING DETAILED OR PRIVATE INFORMATION ABOUT YOURSELF AND YOUR FAMILY.
35. No Liability for Interference: BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST WOW! AND ITS
AFFILIATES, SUPPLIERS AND AGENTS FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE WOW!
EQUIPMENT OR THE SERVICES AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH
INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE WOW! SERVICES
IN ACCORDANCE WITH THISAGREEMENT.
36.
Limitation of Liability: EXCEPT TO THE EXTENT PROVIDED IN THIS AGREEMENT AND SUBJECT TO APPLICABLE LAW, WOW!,
INCLUDING ITS AFFILIATES, OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS (INCLUDING CONTENT
PROVIDERS), AGENTS, CONTRACTORS AND REPRESENTATIVES (THE “WOW! ENTITIES”), SHALL NOT BE LIABLE TO
CUSTOMER OR ANY OTHER THIRD PARTY FOR:
(I) ANY, DIRECT OR INDIRECT, STATUTORY, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLIED, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY KIND, WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS
OF USE, BUSINESS, GOODWILL, PROFITS, WAGES, SAVINGS OR REVENUE, HARM TO BUSINESS, LOSS OF INFORMATION OR
DATA, PERSONAL INJURIES, PROPERTY DAMAGE OR DEATH), AND WHETHER UNDER CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER, ARISING OUT OF OR IN RELATION TO THIS
AGREEMENT OR THE CUSTOMER’S USE OF OR INABILITY TO USE THE SERVICES OR EQUIPMENT, EVEN IF ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY. THIS LIMITATION OF LIABILITY SHALL INCLUDE WITHOUT
LIMITATION ANY LOSSES OR DAMAGES CAUSED IN WHOLE OR IN PART BY MISTAKES, OMISSIONS, INTERRUPTIONS,
HARDWARE OR SOFTWARE FAILURE OR MALFUNCTION, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS
(INCLUDING ADVERTISING ERRORS), DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, UNINTENDED SERVICE
INFORMATION, OR FAILURE OF PERFORMANCE OF THE WOW! EQUIPMENT, SOFTWARE OR THE SERVICES; AND/ OR (II)
ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR
INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING BASED UPON A
CONTENTION THAT THE USE OF THE WOW! EQUIPMENT, THE SERVICES OR CONTENT BY YOU OR ANY OTHER PERSON OR
ENTITY INFRINGES UPON THE CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK,
TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS OF YOU OR ANY THIRD PARTY. CIRCUMSTANCES MAY ARISE
IN WHICH YOU ARE ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE WOW! ENTITIES. INSUCH INSTANCE,
THE AGGREGATE LIABILITY OF THE WOW! ENTITIES FOR DAMAGES IS LIMITED TO THE GREATER OF (A) THE AMOUNT