Elite Gamer Terms of Use

Effective: June 23, 2020

THIS LEGAL AGREEMENT between you ("you", "your" or "Customer") and CoxCom, LLC (with its affiliates, "Cox", "we", "us" or "our") governs your use of the Elite Gamer service (collectively referred to as the "Service",  “Elite Gamer Service” or “Elite Gamer”). Before using the Service, please read these Terms of Use, all rules and policies related to the Service (including any rules specific to your Subscription (as defined below), any usage restrictions and any other conditions or procedures that we post or update on or through the Service), and the Cox privacy policy (available at https://www.cox.com/aboutus/policies/annual-privacy-notice.html) (collectively, this "Agreement"). YOUR USE OF THE SERVICE INDICATES YOUR CONSENT TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND THIS AGREEMENT WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE. IN ADDITION, YOUR USE OF THE SERVICE IS ALSO SUBJECT TO THE COX INTERNET ACCEPTABLE USE POLICY AND THE RESIDENTIAL CUSTOMER SERVICE AGREEMENT BETWEEN YOU AND COX, INCLUDING, WITHOUT LIMITATION, those sections addressing indemnification, limitation of liability and binding arbitration. Cox is the provider of the Elite Gamer Service, which permits you to route your game activity for select games through a dedicated gaming network, all as more fully described at https://www.cox.com/gamer (the "Service Website"). The Service does not include the provision of any other service, such as cable television service, broadband Internet service or Digital Voice service, all of which have separate terms of service and policies. You must be a current Cox Internet customer to subscribe to the Service. Elite Gamer is not included with Cox Internet service and may be subject to additional charges.  By ordering or accessing the Service, you agree to the terms of this Agreement, including the terms of any policies referenced and incorporated herein and available at www.cox.com/aboutus/policies.html. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR ANY OF THE POLICIES RELATING TO THE SERVICE, YOU SHOULD IMMEDIATELY STOP USE OF THE SERVICE. IN ADDITION, IF YOU HAVE A PAID SUBSCRIPTION TO THE SERVICE, YOU MUST  NOTIFY US BY CALLING Cox Customer Care at the number located on your bill statement SO THAT YOUR SUBSCRIPTION TO ELITE GAMER CAN BE REMOVED FROM YOUR COX ACCOUNT. From time to time, we may make revisions to this Agreement and the policies relating to the Service. We will provide notice of such revisions either by posting revisions at www.cox.com/aboutus/policies.html (the “Policies Page”), by sending an email to the primary email address associated with your Account, and/or including such notice in your monthly bill. You agree that it is your responsibility to visit the Policy Page periodically to review any such revisions. We will indicate at the top of this page the date these terms were last revised. Changes to this Agreement will be effective on the last revision date noted in the posting and/or the date noted in the email we send you, whichever is earlier. By continuing to use the Service after revisions are effective, you accept and agree to abide by them.
 

Your Account

Your subscription to the Service requires that you have established an account (your “Account") with Cox in connection with your use of Cox Internet.  You agree and confirm that you provided accurate and complete information when you subscribed to the Service ("Service Registration Data"), and you agree to update your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of your Subscription. You agree that Cox will use the Service Registration Data you provide for use in maintaining and billing fees to your Account for the Service.
 

The Elite Gamer Service

The Elite Gamer Service routes your game activity through a dedicated gaming network to provide a reduced latency path between your computer and the game servers of select online games.  Your use of the Service outside of a Cox Internet service area may adversely impact the performance of the Service.  The list of games that may be used with the Service is available on the Service Website (“Supported Games”), and Cox may modify the list of Supported Games and/or remove Supported Games at any time.  In addition, you hereby grant Cox permission to remotely access your copy or version of each Supported Game installed on your device. Subject to on-time payment by you of all amounts due for use of the Service and full compliance by you with the terms of this Agreement, you have a personal, non-exclusive, non-transferable right to access and use the Service in accordance with the Service Website, this Agreement and any instructions we may include in the Service or issue from time to time. Elite Gamer and any games played through the Service are for your personal and non-commercial use only.  Elite Gamer is neither a game store nor a game subscription service.  Supported Games are not included as part of the Service and are provided by third parties.   You are responsible for all charges associated with the purchase and use of Supported Games.

Use of the Service requires compatible devices including a personal computer with Windows 7 or higher (or other Windows versions or operating system specified by Cox on the Service Website),  which may require periodic updates. 

Your use of the Service is subject to additional system requirements set forth on the Service Website, as such requirements may be updated by Cox from time to time. The Service will not operate with game consoles or Macintosh operating systems. The Service may be affected by the performance of your Internet service and your equipment. Use of a wired Internet connection is recommended for optimum performance. You agree that meeting these requirements, which may change from time to time, is your responsibility.
 

Subscription Options

We may offer various subscription options which may have different fees (each, a "Subscription"), and we may change these Subscriptions from time to time. The prices stated for our Subscriptions do not include any fees or taxes that we may charge.  You can change your Subscription by calling Cox Customer Care.  Changes to your Subscription will take effect immediately.
 

Fees

By registering for the Service, you are agreeing to pay the applicable monthly fees as stated on the Service Website ("Service Fees") plus any taxes we are required to collect under the tax rules applicable to the Service. Except as otherwise provided in this Agreement, payment is non-refundable, even if you stop using the Service. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND TAXES.

You agree to pay by the due date on your Cox bill all charges associated with the Service. If you received the Service under a promotion, after the promotional period ends, the then-current regular retail rate for the Service will apply. The retail rates for the Service may be found on the Service Website.  You are solely responsible for any charges for Internet access, data usage, mobile charges and/or any other charges that you incur while using the Service. Your data usage from use of the Service and online gaming will count toward your monthly data usage, and you will be responsible for any applicable overage charges for data usage that is in excess of the data usage included in your data plan.

Cox may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your use of the Service will apply to subsequent billing months and to all new customers after the effective date of the change. If you do not agree to any such price changes or additional charges or fees, then you must cancel and stop using the Service.
 

Change to the Service

We reserve the right to modify or terminate the Service (or any part thereof), either temporarily or permanently. Any description of the Service should not be considered a representation or obligation with respect to how the Service will always work. We may, at our option, post on the Service Website and/or send an email to the primary email address associated with your Account to provide notice of any material changes to the Service. It is your responsibility to check the Service Website and your email address registered with us for any such notices. You agree that we will not be liable to you or any third party for any modification, disruption or cessation of the Service. If you have prepaid to use the Service, and we terminate it or materially downgrade its functionality, we will provide you with a refund in an amount to be determined by us.
 

No Parental Controls

The Service does not offer parental controls.  Your subscription to the Service gives you access to all Supported Games and features available through the Service, including the online community accessible through the Service. The Supported Games may have content that includes violence, sexuality, profanity, and/or any other objectionable material. You acknowledge that you are responsible for managing your and your household’s access to and use of the Service, including any children that reside in your household.
 

Elite Gamer Community

The Service offers users an opportunity to participate in a community around gaming. Such community features may include access to online message boards, chat rooms, and/or private messaging, and access to other users’ comments, posts and discussions (collectively, the “Community”).  Your participation in the Community and use of all features available in the Community is subject to the terms of this Agreement.   

You agree not to engage in any inappropriate or prohibited conduct while participating in the Community or using any of the features available in the Community.  Such prohibited conduct includes, but is not limited to, posting content or messages or otherwise engaging in communications that are abusive, obscene, lewd, lascivious, violent, harassing, illegal, fraudulent, threatening, defamatory, an invasion of privacy or otherwise objectionable.  Cox does not endorse any content or opinion expressed in the Community, and is not responsible for any content posted or made available by third parties in the Community.  You acknowledge and agree that Cox reserves the right, but is not obligated, to monitor user content or any other content made available by third parties in the Community. Cox has the right to refuse, delete, remove or edit any content for any reason.  

In addition to any other suspension or termination rights Cox may have under this Agreement, Cox may at any time and without prior notice, immediately terminate or suspend your access to the Service and/or the Community if you engage in any conduct Cox deems unacceptable.
 

Third Party Services

In addition to Supported Games, applications, software, and websites of one or more third parties (“Third-Party Services”)  may also be accessible through the Service and/or in connection with your Account. For instance, portions of the Service may be integrated with, or linked to, third-party sites, platforms, applications, or other services or materials that we do not control.  Similarly, we may make ads and third-party content or services, which we also may not control, available to you on or via our Service.  This may include the ability to register or sign into our Service using Facebook Connect or other third-party tools, and to post content on third-party sites and services using their plug-ins made available on our Service. We take no responsibility for Third-Party Services. Use caution when dealing with third parties and consult their terms of use and privacy policies as your use of such  Third-Party Services are subject to the terms of use and/or privacy policies established by such third parties. Some third parties may impose fees for access to their resources, and you are responsible for all such fees. 

All references to third party products (including Supported Games), services, companies, programs, and websites on the Service, including screen shots, are for informational purposes only and are not an endorsement, nor a recommendation, nor a representation that Cox is in any way affiliated with any third party. All third party trademarks displayed on the Service are the property of their respective owners.
 

Disclosure of Account Information

Cox reserves the right to take steps Cox believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Cox may, without liability to you, access, use, preserve and/or disclose your Account information and content to law enforcement authorities, government officials, and/or a third party, as Cox believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Cox, its users, a third party, or the public as required or permitted by law.

You agree that Cox and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including but not limited to technical information about your computer, system, wifi and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Service, and to verify compliance with the terms of this Agreement. To enable Cox partners and third party developers to improve their software, hardware and services designed for use with the Service, Cox may also provide any such partner or third party developer with a subset of diagnostic information that is relevant to that partner’s or developer’s software, hardware and/or services, as long as the diagnostic information is in a form that does not personally identify you.
 

Our Privacy Policy

You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with our Privacy Policy. You further consent and agree that Cox may collect, use, transmit, process and maintain information related to your Account, your use of the Service, and any devices or computers used to access and use the Service, for purposes of providing the Service. Information collected by Cox when you use the Service may also include technical, analytics, or diagnostic information related to your use that may be used by Cox to support, improve and enhance Cox’s products and services.  

For more information, please read our full Privacy Policy at https://www.cox.com/aboutus/policies/annual-privacy-notice.html.
 

User Location Data

We collect information about your location when you use the Service, such as your city and state.  We use your location information to enable certain features for you, including optimization of routes to gaming servers.
 

Analytics

Cox automatically collects and stores Internet Protocol (IP) addresses (an identifier given to your connection while online), the volume of data transmitted and received through your use of the Service, and connection dates and times.  Cox may also collect and store modem MAC addresses and other usage statistics, such as the volume of data transmitted by certain protocols and devices, to help us understand how the Service is used, to give you insight regarding your use of the Service, and to improve the Service. We monitor our network and collect telemetry and other data to measure the quality of the Service, and to help us troubleshoot and diagnose Service issues you are experiencing. If you are accessing the Service away from your home through a Wi-Fi connection provided by Cox or its partners, we may also collect the device MAC ID, device type, location of the access point, duration and session information.
 

Additional Information Sharing

The Service allows you to opt into sharing certain information (such as game play statistics or performance statistics) with other gamers.  If you opt into sharing such information, you hereby consent to Cox sharing such information with the applicable individuals.  If at any time you wish to stop sharing such information, you must stop using the Service. You will not be able to recall or retrieve information you have previously shared, however you can request that we delete information you have uploaded to the Service. 

In addition, Cox may allow you to use your existing login credentials from another site or service identified by Cox, such as Steam, Google and/or Facebook, to sign into the Service.  If you choose to do so, you hereby grant Cox the right to access and use your login credentials to connect your Service account to the other site’s or service’s account.  Cox will not share any information about your use of the Service or post to such site or service without your permission.  You can unlink your Account under Settings in the Service.
 

Copyright Notice - DMCA

If you believe that any content in which you claim copyright has been infringed by anyone using the Service, please contact Cox’s Copyright Agent as described in the Copyright Policy for us and our affiliates at https://www.cox.com/aboutus/policies/copyright.html.  Cox may, in its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers.
 

Intellectual Property Rights

You acknowledge and agree that Cox and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service (the "Software"), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.
 

Software License

Cox and/or its licensors grant you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you as a part of the Service and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SOFTWARE AND SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.
 

Trademark Information

Cox, Elite Gamer, the Cox logo and other Cox trademarks, service marks, graphics, and logos used in connection with the Service are trademarks, service marks or registered trademarks or service marks of Cox in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are not granted any right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
 

Compliance with Law

You agree that you will comply with all current and future laws regarding your use of the Service. If you violate the law in connection with your use of the Service, Cox may suffer harm and will have all remedies available at law or in equity, including injunctive relief. Content derived from the Service and the Software, and any accompanying information is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export such content to any countries that are subject to restrictions or upload through the Service any material in violation of such restrictions.

Service Term; Cancellation and Termination

The Service is offered on a month-to-month term.  You may cancel your Subscription and/or stop using the Service at any time.  If you cancel your Subscription before the end of a month, we will refund a pro-rata portion of any Subscription fees that you have prepaid. Cancellation of your Subscription will not relieve you of any obligation to pay any accrued fees or charges.

Your rights under this Agreement will automatically terminate without notice if you fail to comply with its terms. Cox may at any time and without prior notice, immediately terminate or suspend your access to the Service upon the occurrence of any of the following: (a) any violation of this Agreement or any other policies or guidelines that are referenced herein and/or posted on the Service Website; (b) a request by you to cancel or terminate your Subscription or your Cox Internet service; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) provision of the Service to you is or may become unlawful; (e) unexpected technical or security issues or problems; (f) your participation in fraudulent or illegal activities; or (g) your failure to pay, in accordance with this Agreement, any fees owed by you in relation to the Service. Any such termination or suspension shall be made Cox in its sole discretion, and Cox will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Service. In addition, Cox may terminate your Subscription and access to the Service upon prior notice via email to the address associated with your Account if there is a general discontinuance or material modification to the Service or any part thereof.  Any such termination or suspension shall be made by Cox in its sole discretion, and Cox will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Subscription and/or access to the Service.

Upon cancellation or termination of your Subscription or your Cox Internet service, you will lose all access to the Service and any portions thereof.
 

The Service is Provided "AS-IS"

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

COX SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY.

COX DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME COX MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, COX AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL IMPROVE YOUR ONLINE GAMING  EXPERIENCE; (II) THE SERVICE WILL PRIORITIZE YOUR GAMING TRAFFIC ACROSS THE INTERNET; (III) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (IV) THE SERVICE WILL MEET ANY SPECIFIC AVAILABILITY, UPTIME OR CONNECTION SPEED REQUIREMENTS; (V) ANY SPECIFIC GAME WILL BE SUPPORTED BY THE SERVICE; (VI) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (VII) ANY DEFECTS OR ERRORS IN THE SOFTWARE OR DEVICES PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

COX DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND COX DISCLAIMS ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

Electronic Communications

You agree that we may communicate electronically by e-mail and/or may make communications available to you by posting them on the Service Website, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
 

Governing Law

The Agreement is governed by the laws of the state in which you receive the Service and applicable federal law.
 

General

This Agreement and any other policies, terms, conditions or documents incorporated by reference (including hyperlinks) constitute the entire agreement and understanding between you and us with respect to the subject matter of this Agreement and replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. We do not waive any provision or right we fail to insist upon or enforce. You may not assign this Agreement to a third party. We may freely assign all or any part of this Agreement, and you agree to make all subsequent payments as directed. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of this Agreement.