Xfinity Mobile

Thanks for choosing mobile services from Xfinity. Xfinity Mobile and/or NOW Mobile services will be provided to you ("you" or "your") on the terms and conditions set forth in this Xfinity Mobile and NOW Mobile Customer Agreement (the "Agreement") and applicable law by Comcast OTR1, LLC, the entity offering Xfinity Mobile and NOW Mobile services ("we," "us," "our," "Xfinity Mobile," or “NOW Mobile, as applicable). In this Agreement, you’ll find important information about your Service (as defined below), including our ability to make changes to your Service and this Agreement’s terms, our liability if things don’t work out as planned, and how disputes between us must be resolved. This Agreement is subject to applicable tariffs, service guides, posted policies and procedures.

Note: This agreement contains a binding arbitration provision that affects your rights under this agreement with respect to all service(s), which is located in this agreement under the heading "binding arbitration." unless you have opted out in a timely manner, the arbitration provision requires that all disputes be resolved in individual arbitrations or small claims court proceedings. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.

Your Service

This Agreement governs (1) mobile calling, messaging and data services you purchase from us, including any optional or ancillary services, and any other services we designate (collectively, the "Service") and (2) any equipment that you purchase from us or we provide to you for use with your Service, such as a phone, handset, tablet, wearable or SIM card (individually or collectively "Device"). Additional terms and conditions for your Service and Device can be found in offer materials available when you activate or online at https://xfinity.com/mobile/policies and are incorporated in this Agreement. All other services that you receive from an operating subsidiary or affiliate of Comcast Cable Communications, LLC ("Comcast"), including any Xfinity or NOW Internet service, are subject to the applicable agreement between you and Comcast related to those services. Additional charges for the Services may apply if at least one of the following services is not maintained by you: Xfinity or NOW TV, Xfinity or NOW Internet, or Xfinity Voice.

How do you accept this Agreement?

You accept this Agreement in any of the following ways: (a) agreeing in writing, by email, online, over the phone or in person; (b) activating your Service or Device; (c) using the Service; (d) paying for or acquiring Service or a Device; or (e) creating an Xfinity Mobile or NOW Mobile online identity and account. If you purchase a Device from us and have not returned that Device pursuant to our return policy, you will be deemed to be using your Service and to have accepted this Agreement, even if you fail to activate your Service.

When you accept this Agreement, you are representing that you are at least 18 years old and are legally able to enter into an agreement. If you are entering into this Agreement for an organization, you are representing that you are authorized to bind that organization, and where the context requires, "you" means the organization. You agree that you are responsible for access or use of the Service and Devices, and payment of all charges incurred on your account by any user of your Service. By accepting, you are agreeing to every provision of this Agreement, whether or not you have read it.

How do you cancel Service?

You may cancel a line, or multiple lines, of your Service in accordance with this Agreement and our policies, which may be amended from time to time, or any specific terms associated with your Service plan. https://www.xfinity.com/cancel/mobile for more information about cancelling Xfinity Mobile Services. See https://xfinity.com/support/articles/now-portal-overview for more information about cancelling NOW Mobile Services.

You also can return your Device to us in accordance with our Device return policy then in effect, which may be amended from time to time. You will be responsible for a restocking fee as set forth in our Device return policy. For more information on returns, see https://xfinity.com/mobile/support/article/returns-and-exchanges for Xfinity Mobile and https://www.xfinity.com/support/articles/now-mobile-faqs for NOW Mobile. Except as permitted under our return policy, you will continue to be responsible for any outstanding amounts due with respect to any Device even after the cancellation of any line of Service.

Where and how do your Services work?

Information on available coverage area is available at https://xfinity.com/mobile/learn/network-coverage (the "Coverage Area") for both Xfinity Mobile and NOW Mobile Services.

Your Device uses radio transmissions to access your Service. If your Device isn’t in range of a transmission signal your Service may not work. Numerous things can affect the availability and quality of your Service, including the capacity available on the cellular network, your Device, terrain, buildings, foliage, and weather. Cellular service availability is determined by the operator of the cellular network and is not guaranteed.

Actual speeds of the Service will vary. Features of your Service that rely on location information, such as E911 and GPS navigation, depend on your Device’s ability to acquire satellite signals (which typically are not available indoors) and cellular network coverage. While a Device is receiving a software update, you may not be able to use it until the software update is complete.

Your connection to Wi-Fi may also be impacted by a variety of factors, including your Device, interference (from other devices, buildings, or other wireless signals), your distance from the Wi-Fi hotspot, and the number of other users sharing the hotspot. Your Device may automatically connect to Wi-Fi hotspots, including the Wi-Fi network in your home that is connected to your Xfinity Internet service. You may disable the automatic Wi-Fi connection feature on your Device by turning it off using the "Settings" or an equivalent feature of your Device. While you can still manually connect to available Wi-Fi hotspots, disabling the automatic Wi-Fi connection feature may prevent you from using certain other Xfinity Mobile or NOW Mobile features and may increase your monthly Xfinity Mobile or NOW Mobile cellular data usage and, therefore, your bill.

Important: If your xfinity internet service at your home is subject to a data usage plan, all data sent or received by your device (including sms and mms messages) when connected to your xfinity home wi-fi network will count towards your monthly xfinity internet data allocation, regardless of the xfinity mobile or NOW mobile option to which you are subscribed. To find out if your xfinity internet service is subject to a data usage plan, click here https://customer.xfinity.com/help-and-support/internet/data-usage-find-area. This site will be updated from time to time.

Either the operator of the cellular network, or we, may elect to modify the cellular or WiFi network and/or the manner in which your Services operate on such network at any time, including, but not limited to, changing the prioritization of traffic, establishing speed or usage limitations, or impacting other attributes of your Service. We will endeavor to provide you with advance notice of any change that we believe may materially affect your Service, but shall be under no obligation to do so. We encourage you to review our Xfinity Mobile Broadband Disclosures from time to time at https://www.xfinity.com/mobile/policies/broadband-disclosures for information on both Xfinity Mobile and NOW Mobile Services.

Location Information.

Your Device can determine its (and your) physical, geographical location ("Location Information") and can associate Location Information with other customer data as described in the Xfinity Privacy Policy located at https://www.xfinity.com/privacy/policy.

911 Calling and Emergency Alerts

When making calls to a public-safety answering point ("PSAP") from your Device, such as dialing 911, you should always be prepared to provide your location and your phone number. Unlike calls from a traditional wireline phone, a PSAP may not know the emergency caller’s location or phone number. Although some local emergency authorities have enabled enhanced 911 services ("E911" or "Enhanced 911") that use Global Positioning Satellites ("GPS") or other methods to determine callers’ locations, E911 does not always provide accurate location information. If your Device is indoors, cannot acquire a satellite signal, or otherwise cannot obtain your location, your location may not be automatically delivered to the PSAP. Also, the process of porting a phone number may limit the Services such that we may not be able to provide location services to PSAP during that time.

Calls to 911 over Wi-Fi or a data connection also operate differently than traditional wireline calls to 911. Calls to 911 over Wi-Fi or data may not connect to the PSAP or may improperly ring to the administrative line of the PSAP, which may not be staffed after hours, or by trained 911 operators. If your call connects to a PSAP, your location information and phone number may not be transmitted, and you may need to provide your location and other information to the PSAP. Calls to 911 may be limited or unavailable if your Device is set to Wi-Fi only mode and you are experiencing a power outage, any disruption in your Wi-Fi service, or if you are otherwise unable to access the Internet.

If you are deaf, hard of hearing, or speech disabled and need to reach emergency services, call 911 directly using TTY or a telecommunications relay service. Where possible, do not rely on 911 in the event of an emergency.

If you make a 911 call, the 911 operator may see a phone number that is different from your personal phone number. There may be instances when the PSAP might not be able to call you back.

What are Roaming charges?

Your Service may be used for international calling and roaming. "Roaming" occurs when your Device uses another provider’s radio access or cellular network. Use of your Service while roaming is dependent on the roaming carrier’s support of applicable cellular network technology and functionality. Sometimes roaming happens even when you are within your Coverage Area. There may be higher rates and extra charges (including charges for long distance, tolls, or calls that don’t connect) for international calling or when roaming and your data may be limited or slowed. Your Service automatically provides you with cellular voice, data and SMS (Text) roaming capabilities, and the ability to roam internationally in certain countries. You may or may not be informed that you are roaming, or of the associated costs.

Your Devices

Your Device must comply with FCC regulations, be certified for use on the cellular network on which we provide your Service, and be compatible with your Service. Please be aware that we may change your Device’s software, applications or programming remotely, with or without notice to you. This could affect your stored data or how you’ve programmed or use your Device. By activating your Service that uses a SIM (Subscriber Identity Module) card, you agree that we own or license the intellectual property and software in the SIM card, that we may change the software or other data in the SIM card without notice, and that we may utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes. Please note that your Device is designed for Xfinity Mobile and/or NOW Mobile and may not work with another cellular wireless network, or that other wireless carriers may not accept your Device on their cellular networks.

You are responsible for maintaining virus and other Internet security protections when accessing third-party products or services. You are free to download and use content and applications on your Device that are not provided by us at your own risk.

What if your Device is lost or stolen?

It’s important that you notify us right away if your Device is lost or stolen so we can suspend your Service to keep someone else from using it. We may add the Device to the national Lost and Stolen list to prevent your Device from being used on another cellular carrier’s network. Keep in mind that you may be held responsible for the charges incurred if you delayed reporting the loss or theft.

Your Privacy

Please read the Xfinity Privacy Policy located at https://xfinity.com/privacy/policy to learn how we use and share the information we collect about you ("Customer Information") when you subscribe to and use your Service and any Xfinity Mobile or NOW Mobile applications used to access information about your account.

Does your Device contain Pre-Installed Operating System Software and/or Pre-Installed Apps?

Certain Devices purchased from us will include pre-installed apps and other proprietary software that manages Wi-Fi connections. You may be required to download and install proprietary Xfinity apps during start up and first use of your Device. Devices using the Android platform will be delivered to you with a Connection Manager pre-installed. Connection Manager does not have a user-interface and operates in the background, so you will not see an icon for Connection Manager on the screen of your Device and you will not be able to delete Connection Manager from your Device. Xfinity apps and Comcast pre-installed software is subject to the Comcast Software License located at https://xfinity.com/terms and Xfinity Privacy Policy located at https://xfinity.com/privacy/policy.

There are some applications provided by us that are provided as a part of your Service and cannot be uninstalled from your Device. If you uninstall them, you will void the Device warranty and your Device may not work properly.

Third party operating system software and pre-installed software not provided by us are subject to the licensing agreements of such third parties. We make no representation or warranty that any software or application pre-installed, downloaded or available through the Internet does not contain a virus or other harmful feature. It is your sole responsibility to take appropriate precautions to protect your Device from damage to its software, files and data as a result of any such virus or other harmful feature.

How are your charges and applicable fees and taxes calculated?

You agree to pay all charges associated with your Service and Devices, including without limitation: activation and line set up fees; any taxes and fees on all included, and or paid for, lines of service; data usage; international calling, roaming, and any other features or services used on your account, you enable or subscribe to, including any third party services; and all other applicable federal, state, and local taxes and fees (however designated), regulatory recovery fees for municipal, state and federal government fees or assessments imposed on us, surcharges, permitted fees and cost recovery charges, for any programs in which we participate, including, but not limited to, universal service, telecom relay services for the visually/hearing impaired, rights-of-way access, and E911 system and any fees or payment obligations imposed by governmental or quasi-governmental bodies for the Services. YOU ARE RESPONSIBLE FOR PAYING ANY GOVERNMENT IMPOSED FEES, TAXES, AND SURCHARGES EVEN IF THEY BECOME APPLICABLE RETROACTIVELY. Please note that we may not always be able to notify you in advance of these charges. Additionally, you must pay for any Device(s) obtained from us, either in full at the time of purchase or, if available, subject to an Device Payment Plan.

We will charge you for all data and content sent or received by your Device(s) on your account using your Services (including any network overhead and/or Internet Protocol overhead associated with content sent or received) as well as resolution of Internet Protocol addresses from domain names, if you have exceeded your included amount of data in a given billing cycle. You will be charged and must pay for all data sent, received, consumed by and/or used on your account, including, without limitation, data consumed by applications (including any of our applications), widgets, multi- media messaging, tethering, uploading, downloading, streaming content, Internet access (including accessing corporate intranets, email and individual productivity applications), GPS and location services, and Voice over Internet Protocol, either with or without any action by the user. Unless we specifically inform you otherwise, data usage is measured in bytes, kilobytes, megabytes, and gigabytes ("GB")—not in minutes/time. Data charges will be rounded up to the next whole unit (generally per GB) as described in your Service offering, as such may be revised from time to time.

For call charges based on the amount of time used, we’ll round up any fraction to the next full minute. For outgoing calls, usage time starts when you first press Send or the call connects to a cellular network, and for incoming calls, it starts when the call connects to a cellular network (which may be before it rings). Usage time may end several seconds after you press End or after the call disconnects. Usage cannot always be processed right away and may be included in a later bill.

For purposes of calculating applicable federal, state, and local taxes and fees, your Xfinity Mobile or NOW Mobile account service address will serve as your designated primary place of use for all Devices on your account. If you intend to use a Device at an alternate address, it is important that you update the primary place of use for your account by contacting us at 1 (800) 934-6489.

You are responsible for paying all applicable transaction taxes and fees imposed or levied on any Device purchases. If purchased through a device payment plan, state law may require that you pay all the applicable transaction taxes and fees at the time of purchase. If a refund of taxes and fees attributable to your Devices arises due to your breach of this Agreement or any other agreement between us, we shall be entitled to receive such refund (cash, credit, or offset) directly from the jurisdiction.

For your NOW Mobile Services, we will remit all transaction taxes and fees imposed or levied on the purchase of the Services to the appropriate jurisdiction. If we receive a refund (cash, credit, or offset) of any transaction taxes or fees attributable to the NOW Mobile Service, we will have the right to receive such refund directly from the jurisdiction.

How are you billed for Services?

Your Services are billed separately from any other Xfinity, NOW or Comcast services you may have. Included lines of service may be referenced on your Xfinity, NOW, or Comcast bill, but all charges, including any taxes and fees on your included line(s) of Service will be reflected on your billing statement for the Services. However, Comcast reserves the right to change this billing convention and provide you with a consolidated bill with charges from other lines of business upon written notice to you.

You agree to pay all amounts due upon demand. You agree to pay any monthly Service charges. We will give you notice of applicable pricing at the time of your order or activation of your Service. If you receive the Services at a promotional rate, our then-current standard pricing will apply to you at the end of the promotional period. If you receive the Services under a minimum term agreement, we will charge you the specified price for the Services subject to the minimum term pricing for the duration of the minimum term agreement. All other pricing is subject to change at any time and from time to time. You agree to pay all other charges associated with the Service. These may include fees identified at the time of your order or imposed after you begin receiving Services. Some charges may not appear on your billing statement during the bill cycle when the charges were incurred. YOU ARE RESPONSIBLE FOR PAYING ANY FEES AND TAXES (WHETHER IMPOSED ON YOU OR ON US) INCLUDING THOSE THAT BECOME APPLICABLE RETROACTIVELY.

If you purchased a Device from us under a Device payment plan, please see that agreement for additional terms related to Device payments.

We generally bill you monthly for recurring monthly charges associated with your Service. UPON REQUEST, YOU MUST PAY THE FIRST MONTH’S SERVICE CHARGE, DEPOSITS, ACTIVATION FEES AND OTHER APPLICABLE CHARGES ON OR BEFORE THE DATE THAT WE PROVIDE THE SERVICE OR YOUR DEVICE. We may require you to pay for your Service before we provide the Service to you. We may bill you for some services individually after we provide the Services to you, such as roaming or international calling.

We reserve the right to bill you for each line on your account separately if purchased and/or activated on different dates.

Can we change our Pricing for your Services?

Unless you are subject to a minimum term agreement with us, you are on a month to month agreement with us and we have the right to change what we charge you for your Service upon written notice to you in accordance with the terms under the heading "Notice Methods for Changes to the Service or this Agreement." We do not need to provide you with notice of any change in pricing or fees that is related to a change in governmental or quasi-governmental taxes, fees, charges or assessments, in which case, we may elect not to provide notice, except where required by applicable law.

Unless you are subject to a minimum term agreement with us, if you find any change to the pricing of your Service to be unacceptable, you have the right to cancel your Service. Your continued receipt of your Service for more than 30 days after we deliver notice of change, however, will constitute your acceptance of the change. If you cancel your Service, you will be responsible for the immediate payment for the data usage on the account through the cancellation date and all outstanding fees or charges owed with respect to your Device(s) in accordance with the terms of your Device payment agreement.

How do you pay for your Services?

Certain Service plans require that you set up and remain enrolled in our automatic payment program using a valid credit/debit card in order to activate and maintain your Service. If not required, you may still elect to enroll in the program. We will inform you at time of purchase whether enrollment in our automatic payment program is required. If enrolled in an automatic payment program, you must pay by credit or debit card. If not enrolled, you may also pay by prepaid card.

By enrolling in our automatic payment program, you authorize us to (i) to initiate recurring automated clearing house (ACH) debit entries or debit card payments from the checking or savings account you specify, or (ii) to initiate recurring charges from your specified credit card. Once your enrollment is processed, all payments will be automatically withdrawn from your specified checking or savings account or charged to the designated credit card monthly, unless you terminate your authorization in the manner described herein.

You agree to be bound by any rules your financial institution requires for preauthorized electronic funds transfers and/or applicable card issuer agreement that your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option.

YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION AT ANY TIME ONLINE BY LOGGING INTO YOUR XFINITY MOBILE ACCOUNT AT https://xfinity.com/mobile/my-account OR YOUR NOW MOBILE ACCOUNT AT https://customer.xfinity.com/now AND TERMINATING AUTOMATIC PAYMENTS. IF YOUR SERVICE REQUIRES ENROLLMENT IN AN AUTOMATIC PAYMENT PROGRAM, SUCH TERMINATION WILL RESULT IN US DISCONTINUING YOUR SERVICE AND YOU WILL BE RESPONSIBLE FOR THE PAYMENT OF ALL OUTSTANDING FEES AND CHARGES OWED WITH RESPECT TO YOUR DEVICE(S).

We will make your monthly billing statement available to you online. We also will send you a billing message by email, and you may opt in to receiving push notifications regarding your billing statement. You can access your bill by logging into your Xfinity Mobile account at https://xfinity.com/mobile/my-account or your NOW Mobile account at https://customer.xfinity.com/now

WE WILL NOT BEAR LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED. YOU AUTHORIZE US TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT YOUR CREDIT EXPERIENCE FROM OTHERS, TO ENTER THIS INFORMATION IN YOUR FILE, AND TO DISCLOSE THIS INFORMATION CONCERNING YOU TO APPROPRIATE THIRD PARTIES FOR REASONABLE BUSINESS PURPOSES. We will not discriminate in the application of our credit inquiries and deposit policy on the basis of race, color, sex, creed, religion, nationality, sexual orientation or marital status. Any risk assessments conducted by either us or consumer credit bureaus will be done in conformance with the requirements of all applicable state or federal laws.

What are our remedies if you pay late or fail to pay?

For postpay customers, we may bill you for fees, charges, and assessments related to late or non-payments if, for any reason, we do not receive payment for your Service or Device by the payment due date or you pay less than the full amount due for your Service or Device.

We do not anticipate that you will fail to pay for your Service or Device on a timely basis, and we do not extend credit to customers with respect to payment for Services or Devices. Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments. These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance whether you will pay for your Service or Device on a timely basis, if ever; if you do pay late, when you will actually pay; and what costs we will incur because of your late payment or non-payment.

If we use a collection agency or attorney to collect money owed to us by you, you agree to pay the reasonable costs of collection. These costs include, but are not limited to, any collection agency fees, reasonable attorney’s fees, and court costs.

If you fail to pay the full amount due for your post-pay Services or for your Devices, then we, at our sole discretion in accordance with and subject to applicable law, may suspend or disconnect any or all of the lines of your Service and you may be required to make immediate and full payment for any Devices that carries a balance due by you.

If you prepay or pay-as-you-go for your Services and do not pay for Services, we will discontinue your Services at the end of the then-current monthly billing cycle. Services will not resume until a payment is made. If you cease paying for Services, we reserve the right to disconnect your Services and terminate your account in accordance with our policies.

If you resume your Service after any suspension or disconnection, we may require you to pay activation fees. These fees are in addition to all past due charges and other fees. Reactivation of your Service is subject to our credit policies, this Agreement, and applicable law.

How and when you can dispute charges?

We are committed to charging you accurately for the Services. You may always contact us to discuss your bill and any charges, and subject to applicable law, you may dispute a charge or request a billing credit within 120 days of the date of the billing statement, but unless otherwise provided by law, you must pay all charges until the dispute is resolved. YOU WAIVE ANY DISPUTES OR RIGHT TO RECEIVE ANY CREDITS, INCLUDING ANY RIGHT YOU MAY HAVE TO BRING A SMALL CLAIMS ACTION OR ARBITRATION PROCEEDING, IF YOU DO NOT REPORT YOUR CLAIM OR DISPUTE WITHIN THIS 120 DAY PERIOD.

Will you receive a paper bill or other paper notices?

No. All bills and other notices related to your Service will be sent to you electronically—there is no paper option. You will receive the following categories of documents and information in electronic format only: (1) your monthly bill, (2) this Agreement and your Device Payment Plan Agreement (if applicable), and (3) all other notifications, disclosures and other information that we are required by law to provide or make available to you in writing. We deem all bills and other notices that we send to the current contact information you have provided to be received by you on the date we send them.

Our hardware and software requirements for access to, and retention of, the information being provided to you in electronic form are provided below. You must have access to a computer with an operating system among the types listed that is able to connect to the Internet using one of the browsers indicated. Your browser must support 128-bit encryption. If it does not meet these requirements, your browser should instruct you on how to upgrade. All of your billing statements and other required information provided to you in electronic form can be printed or saved electronically to your computer for your records. In order to print a copy of your billing statement or any other document we send, you must have one of the following operating systems and Internet browsers: Windows 7 or higher or Mac OS X 10.10 or higher, Microsoft IE 11.0 or higher, Firefox 37 or higher or Safari 8.0 or higher, Chrome v.42 and higher, and a working printer that is compatible with, and properly connected to your computer. If you use spam filters for your emails, please add our Xfinity Mobile or NOW Mobile email address, as applicable, to your approved senders list.

If we make material changes to the hardware or software requirements listed above, we’ll contact you and provide you with an explanation of the revised hardware or software requirements necessary for your access and retention of such records, and will ask you to confirm your consent to receipt of such records in electronic format only. By providing your consent, you are confirming to us that you are able to access all of the documents, records, and information described in electronic form.

How can you prevent unintended charges on your bill?

YOU ARE RESPONSIBLE FOR CHARGES TO YOUR ACCOUNT AND MUST MAKE REASONABLE EFFORTS TO MAINTAIN THE SECURITY OF YOUR ACCOUNT. USE CARE WHEN ALLOWING ANOTHER PERSON, INCLUDING A CHILD, TO USE YOUR DEVICE OR A DEVICE ON YOUR ACCOUNT OR IN SHARING ACCESS TO YOUR ACCOUNT OR ACCOUNT SECURITY INFORMATION. You are obligated to pay all charges incurred by you or any other user of any Device associated with your account. Many services and applications are accessible on or through your Device, including purchases of games, movies, music, and other content. The amount and frequency of the charges will be disclosed to you or the person using your Device or a Device associated with your account at the time a purchase is made. If a user on your account chooses to have the charges billed to your account, such charges will become part of the amount due for that billing cycle. For other services and applications, you may incur charges from third-party providers, including, but not limited to, accessing on-line services, calling parties who charge for their telephone-based services, purchasing or subscribing to other offerings via the Internet or interactive options that are separate and apart from the amounts charged by us. Charges may be one-time or recurring. You are solely responsible for all such charges payable to third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions. We may agree to provide billing services on behalf of third parties, as the agent of the third party. Any such third-party charges shall be payable pursuant to any contract or other arrangement between you and the third party. We will not be responsible for any dispute regarding these charges between you and any third party. You must address all such disputes directly with the third party. To the extent that you believe that your account was the subject of fraud, you are required to promptly notify us at 888-936-4968 within thirty (30) days of the disputed charge appearing on your bill or you receiving notice of an irregularity through some other means, whichever is sooner. You agree to fully and honestly cooperate with us in any investigation into your allegations of fraud. If the investigation concludes that fraud on your account has occurred, you will not be responsible for the fraud-related charges. If the investigation concludes that no fraud has occurred or that you participated in actions to defraud us, you will be responsible for the charges and may be liable for additional damages.

Can you transfer your wireless phone number between carriers?

If you want to take or "transfer" an existing telephone number to Xfinity or NOW Mobile, you will need to fill out the number transfer information on the activation page. The time it takes to port your number may be affected by the accuracy of the information you provide and we make no guarantees for the time required to transfer. If you transfer a number to us, we may not be able to provide some services right away, such as 911 location services.

If you transfer a number from us, we’ll treat it as though you asked us to cancel your Service for that number. After the transfer is completed, you won’t be able to use your Service for that number, but you’ll remain responsible for all fees and charges incurred through the date of cancellation, i.e., the date the number was transferred from Xfinity or NOW Mobile. You don’t have any rights to your wireless phone number except for any right you may have to port it.

By porting a number into or out of Xfinity or NOW Mobile, you are making affirmative representations that you are the person to whom that number is assigned and that you have the authority to port the number. Further, you intend that we may rely on these representations by you in completing number transfers at your request.

Your consent to receive communications and notices from us.

You agree that Xfinity Mobile, NOW Mobile, Comcast or third parties acting on our or their behalf may call or text you at the mobile telephone number or the email address that you provide to us or that we issue to you, and may do so for any purpose relating to your account and/or the Service to which you subscribe. You expressly consent to receive these calls, texts, and emails on your Device and agree that they are not unsolicited. You understand and acknowledge that calls and texts may use an automatic telephone dialing system and/or artificial or prerecorded messages. If you do not wish to receive these calls and texts, visit your My Account site to manage your communication preferences. You understand and acknowledge that this is the exclusive means of opting out of these communications. You may not opt-out of receiving certain communications pertaining to your account, including, but not limited to, communications regarding emergencies, fraud or other violations of law, security issues, and harms caused to the network. Message frequency depends on your activity with your Service(s). Message and/or data rates may apply. You will not be charged for any notifications from us that you receive to your Device.

BINDING ARBITRATION

Purpose. Any Dispute involving you and us shall be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.

Definitions. This Arbitration Provision shall be broadly interpreted. “Dispute” means any and all claims or controversies arising out of or related to any aspect of our relationship with you, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims or controversies that arose before this Agreement or any prior Agreement; (3) claims or controversies that arise after the expiration or termination of this Agreement, and (4) claims or controversies that are the subject of purported class, collective, or representative action litigation. As used in this Arbitration Provision, “Us” and “we” means Comcast OTR1, LLC and any of its successors, assigns, parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of the Service(s).

Right to Opt Out. IF YOU DO NOT WISH TO ARBITRATE DISPUTES, YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH US ARBITRATED BY NOTIFYING US, WITHIN 30 DAYS OF YOUR FIRST SERVICE ACTIVATION, BY VISITING https://xfinity.com/ArbitrationOptOut/mobile OR IN WRITING BY MAIL TO COMCAST, 1701 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103-2838, ATTN: LEGAL DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION TO US MUST INCLUDE YOUR NAME, ADDRESS AND ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR SERVICE(S) PROVIDED BY US. ANY OPT OUTS SUBMITTED AFTER THIS PERIOD WILL BE VOID.

Initiation of Arbitration Proceeding/Selection of Arbitrator. Before either party initiates an arbitration proceeding, that party must first provide an opportunity to resolve the Dispute by sending the other party a written Notice of Dispute (“Notice”). You may download a Notice form a www.xfinity.com/nod. You may send the completed Notice by U.S. mail to Comcast, 1701 John F. Kennedy Boulevard, Philadelphia, PA 19103-2838 – ATTN; LEGAL DEPARTMENT/ARBITRATION, or submit the completed Notice electronically by following the instructions at www.xfinity.com/nod. We may send you the completed Notice by either posting the Notice on your “My Account” page or sending you the Notice by mail to the address on the account or by email at the email address we have on file for your account. The Notice must include all of the information requested on the Notice form, including, as applicable: (a) the noticing party’s name; (b) the relevant Xfinity Mobile or NOW Mobile account number(s) and address on the account; (c) the Services or Devices (if any) to which the Dispute pertains; (d) a description of the nature and basis of the Dispute; (e) an explanation of the specific relief sought and the basis for any damages calculations; (f) the noticing party’s signature; and (g) if you have retained an attorney, your signed statement authorizing Comcast to disclose your confidential account records and other information to your attorney if necessary to resolve your Dispute. You and we each agree to negotiate to resolve the Dispute in good faith, and that neither you nor we may initiate an arbitration proceeding unless you and we are unable to resolve the Dispute within 60 days of the other’s receipt of a complete Notice that includes all of the foregoing information. (If you or we send an incomplete Notice, the 60-day good faith negotiation period will begin only after the complete Notice is received by you or us.) Any statute of limitation relevant to a Dispute under applicable law shall be tolled from the date of receipt of a completed Notice, through and including the foregoing negotiation period, and continuing until final resolution of any arbitration proceeding, unless the party providing the Notice of Dispute withdraws or abandons the Dispute at any point, or the arbitration proceeding is withdrawn or dismissed.

Either you or we may initiate an arbitration proceeding by opening a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org), and sending a demand to the AAA that includes all of the information required in the Notice. You may deliver the demand, or otherwise notify us regarding the arbitration proceeding, by mail addressed to Comcast, 1701 John F. Kennedy Boulevard, Philadelphia, PA 19103-2838 - ATTN: LEGAL DEPARTMENT.

Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or we may elect to have an action heard in a small claims court serving the address on your account, if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.

Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by AAA pursuant to its Consumer Arbitration Rules (the "AAA Rules") as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA rules, this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at a location convenient to you in the area where you receive your Service from us. If you no longer receive your Service from us when you notify us of your Dispute, then any arbitration hearing will take place 1) at a location convenient to you in the county where you reside when you notify us of your Dispute, provided that we offer Service in that county, or 2) in the area where you received your Service from us at the time of the events giving rise to your Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.

Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be governed by the AAA rules. If your claims seek less than $75,000 in the aggregate, the payment of the AAA’s fees and costs will be our responsibility, so long as you have fully complied with the requirements above for any arbitration you initiated. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees and costs shall be governed by the AAA Rules and you shall reimburse us for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorney’s fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. You and we agree that the parties have a mutual interest in reducing the costs and increasing the efficiency of arbitration, and as such, either party may negotiate with the AAA for lower fees and costs and for streamlined or other procedures designed to reduce the costs and increase the efficiency of arbitration. Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that we are required by law to pay.

Survival. This Arbitration Provision shall survive the termination of your Service(s) with us.

Waiver of Jury Trial. WHETHER IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.

INDEMNIFICATION

YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS XFINITY MOBILE, NOW MOBILE, AND OUR PARENTS, SUBSIDIARIES, PREDECESSORS, SUCCESSORS, ASSIGNS, AFFILIATES, SUPPLIERS, CONTRACTORS, DISTRIBUTORS, LICENSORS, BUSINESS PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, AND SHALL REIMBURSE US FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS) INCURRED BY US IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS, AND CAUSES OF ACTION ARISING OUT OF: YOUR USE OF YOUR SERVICE OR DEVICE(S); BREACH OF THIS AGREEMENT; OR VIOLATION OF ANY LAWS OR REGULATIONS OF THE RIGHTS OF ANY THIRD PARTY BY YOU, ANY PERSON ON YOUR ACCOUNT, OR ANY PERSON YOU ALLOW TO USE YOUR SERVICE OR DEVICE(S), INCLUDING BUT NOT LIMITED TO VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF YOUR SERVICE OR DEVICES; ANY CLAIMS OR DAMAGES ARISING OUT OF THE LACK OF 911/E911 OR DIALING OR TEXTING; OR YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT OR APPLICABLE ACCEPTABLE USE POLICY. YOUR INDEMNIFICATION SURVIVES TERMINATION OF SERVICE OR THIS AGREEMENT.

DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY LAW, YOUR SERVICE AND DEVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ABOUT YOUR SERVICE, DEVICES, OR ANY APPLICATIONS YOU ACCESS THROUGH YOUR DEVICE. WE DO NOT WARRANT THAT YOUR DEVICE OR SERVICE WILL WORK PERFECTLY OR BE FREE FROM INTERRUPTIONS OR VIRUSES. WE DO NOT WARRANT THAT YOUR DEVICE WILL NOT NEED OCCASIONAL UPGRADES OR MODIFICATIONS, OR THAT IT WILL NOT BE NEGATIVELY AFFECTED BY NETWORK-RELATED MODIFICATIONS, UPGRADES OR SIMILAR ACTIVITIES. WE DO NOT WARRANT THAT VOICEMAILS, MESSAGES, OR ANY OTHER INFORMATION (INCLUDING VIDEOS AND PICTURES) WILL BE PRESERVED. WE DO NOT WARRANT THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE. IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.

WAIVERS AND LIMITATIONS OF LIABILITY.

FOR PURPOSES OF THIS LIMITATION OF LIABILITY PROVISION, "US", "WE" AND "OUR" INCLUDES COMCAST OTR1, LLC AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, ASSIGNS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES AND AGENTS. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DAMAGES ARISING OR RESULTING FROM ACTS OF GOD (FOR EXAMPLE, EARTHQUAKES OR WEATHER-RELATED PHENOMENON), RIOTS, STRIKES, WARS, TERRORISM, OR GOVERNMENT ORDERS OR ACTS; LOST OR DELETED MESSAGES OR VOICEMAILS OR A FAILURE IN CONNECTING A CALL OR TEXT TO 911 OR ANY OTHER EMERGENCY SERVICE; EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, AND ANY INTERRUPTION IN OR DISRUPTION TO THE SERVICE.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, ENHANCED, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF: (1) $2,500; OR (2) THREE TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO US PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY IN THIS PARAGRAPH SHALL NOT APPLY TO INJURIES: (1) TO THE BODY OR PERSON; OR (2) CAUSED BY OUR WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS. TO THE EXTENT PERMITTED BY LAW, THESE LIMITATIONS SHALL SURVIVE THE TERMINATION OF SERVICE AND THIS AGREEMENT AND YOU AGREE THAT ANY CLAIMS YOU MAY BRING AGAINST US MUST BE BROUGHT WITHIN 2 YEARS FROM THE DATE THE CLAIM ARISES.

Unauthorized Use of Devices

Devices and Service are provided exclusively for use by you. The unauthorized acquisition, unlocking or resale of your Device constitutes a violation of your Agreement with us and invalidates any warranties that may come with your Device. While this Agreement remains in effect and you are bound by its terms and conditions, you agree that the Device activated on your Service account will be maintained for your personal use only, and not for resale of any kind.

You agree not to engage in any unauthorized or illegal use of your Device or the Service, or assist others in such acts, or to sell and/or export the Devices provided for use with the Service. Obtaining Devices from us through fraud or other unlawful means or for purposes other than use on our Service is an express and material violation of this Agreement and of our rights. You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your Device in a manner which conflicts with our Unlocking Policy, which can be found by visiting https://www.xfinity.com/mobile/support/article/115004305128/am-i-eligible-to-unlock-my-phone for Xfinity Mobile and https://www.xfinity.com/support/articles/now-mobile-faqs for NOW Mobile. Such efforts may result in the inability to unlock your Device, maintain your Device’s unlocked state, connect to the Service, or otherwise cause your Device to malfunction and void your warranty. Violations of these provisions may result in legal action, as well as the immediate suspension or termination of your Service. You agree that any violation of this Section or other unauthorized resale of a Device shall, in addition to all other remedies, entitle us to recover its investment in the Device (including all sales, marketing, and other costs), plus the expected revenue that we would have received if the Device had been used as intended.

If your Device has a SIM Card, you agree to safeguard your SIM Card and not to resell it or allow any unauthorized person to use your SIM Card. You agree not to alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of your SIM Card, or to allow any other person to do so. Any violation of the restrictions on the use of your SIM Card that are contained in this section may result in the immediate termination of your Service without notice.

What are our rights to limit or end your Service or this Agreement?

While this Agreement remains in effect, we can, without notice, limit, suspend or cancel your Service or access to any or all lines on your account or any agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this Agreement; (b) use your Service for any illegal purpose, or in violation of any federal state or local law, including use that violates trade and economic sanctions and prohibitions promulgated by any U.S. governmental agency; (c) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (d) steal from or lie to us; (e) do not pay your bill on time; (f) do not remain enrolled in our automatic payment program with a valid debit/credit card; (g) incur charges larger than a required deposit or billing limit, or materially in excess of your monthly access charges (even if we haven’t yet billed the charges); (h) provide credit information we can’t verify; or (i) are unable to pay us or go bankrupt; or (2) if you, any user of your Device or any line of your Service on your account: (a) resell or attempt to resell your Services or Device(s); (b) defraud, attempt to defraud, threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (c) interfere with our operations; (d) "spam," or engage in other abusive messaging or calling; (e) modify your Device from its manufacturer’s specifications; (f) unlock, root, re-flash, jailbreak, tamper with or alter the build state of your Device in a manner which conflicts with our Unlocking Policy; (g) modify, alter, copy, remove, or delete any of our software or other intellectual property contained in your Device; (h) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason, or if your use of the Service or any Device interferes with our ability to provide the Services to you or any other person. You acknowledge that you are accepting this Agreement on your behalf and on behalf of all persons who use the Service and Device(s) on your account, and that you shall have sole responsibility for ensuring that all other users understand and comply with the terms and conditions of this Agreement.

About this Agreement

If we don’t enforce our rights under this Agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance. You cannot assign this Agreement or any of your rights or duties under it without our permission. However, we may assign this Agreement or any debt you owe us without notifying you. Please note that many notices we send to you will show up as messages on your monthly billing statement. Those notices will be deemed received by you when your online bill is available for viewing. If we send other notices to you, they will be considered received immediately if we send them to your Device, or to any email or fax number you’ve given us, or after three days if we mail them to your billing address. If you need to send notices to us, please send them to the customer service address on your latest billing statement.

If any part of this Agreement, including anything regarding the arbitration process (except for the prohibition on class actions by arbitration as explained above), is ruled invalid, that part may be removed from this Agreement. This Agreement and the documents it incorporates form the entire agreement between you and us. You cannot rely on any other documents, or statements by any employees or authorized agents, including sales or customer service representatives, and you have no other rights regarding your Service or this Agreement. This Agreement isn’t for the benefit of any third party except our parent companies, affiliates, subsidiaries, agents, predecessors and successors in interest.

This Agreement and any Disputes covered by it are governed by applicable federal law, and the laws of the state in which your service address in our records is located, without regard to the conflicts of laws rules of that state. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state in which your service address in our records is located, but not outside the U.S. If any provision of this Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

In addition to representations and warranties you make elsewhere in this Agreement, you also represent and warrant that:

Age: You are at least 18 years of age.

Your Information: You have provided us with information that is accurate, complete and current, including without limitation your legal name, address, email address, telephone number(s), and payment data (including, without limitation, information provided when authorizing recurring monthly charges). YOU AGREE TO NOTIFY US IMMEDIATELY IF THERE IS ANY CHANGE IN THE INFORMATION THAT YOU HAVE PROVIDED TO US. IF YOU OWE ANY OUTSTANDING AMOUNTS FOR YOUR SERVICE OR DEVICE(S), THESE OBLIGATIONS SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND SHALL CONTINUE UNTIL YOU PAY ALL OUTSTANDING AMOUNTS IN FULL OR, IF APPLICABLE, RETURN ALL DEVICES. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

You have the authority to enter into this Agreement and add lines of Service and Devices to an Xfinity Mobile or NOW Mobile account.

We are not responsible for any information provided by you to third parties, and that information is not subject to the privacy provisions of this Agreement or the privacy notice for your Service. You assume all privacy, security, and other risks associated with providing any individual with access to your Device(s) or providing any information, including CPNI (Customer Proprietary Network Information) or personally identifiable information, to third parties via your Service. For a description of the privacy protections associated with providing information to third parties, you should refer to the privacy policies, if any, provided by those third parties.

Xfinity Mobile, NOW Mobile, and related documents are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All our websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively "marks") and our affiliates are and shall remain ours and our affiliates’ exclusive property. Nothing in this Agreement shall grant you the right or license to use any of the marks.

Nothing contained in this Agreement shall be construed to limit our rights and remedies available at law or in equity. Upon termination of this Agreement for any reason, we and our suppliers reserve the right to delete all your data, files, electronic messages or other information that is stored on our or our suppliers’ servers or systems. In the event you cancel your Service without porting your telephone number to another service provider, you will forfeit the telephone number. We shall have no liability whatsoever as the result of the loss of any such data, names, addresses, or numbers.

NOTICE METHODS FOR CHANGES TO THE SERVICE OR THIS AGREEMENT

We may deliver any notice concerning our relationship with you, including notice of any change to your Service or this Agreement, in any one or more of the following ways, as determined in our discretion: (1) by posting it on www.xfinity.com, www.xfinity.com/now or any other website about which you have been notified; (2) by mail or hand delivery to the Service address on your account; (3) by e-mail to the address for your account in our records; (4) by including it on or with your bill for your Service; or (5) by posting to your Xfinity or NOW Mobile account; and by SMS to your Xfinity Mobile or NOW Mobile number. You agree that any one of the foregoing will constitute sufficient and effective notice under this Agreement. Because we may, from time to time, notify you about important information regarding your Service and this Agreement by these methods, you agree it is your responsibility to regularly check your postal mail, e-mail and all postings at www.xfinity.com, www.xfinity.com/now or any other website about which you have been notified. If you find any change to this Agreement to be unacceptable, you have the right to cancel your Service. Your continued receipt of your Service for more than 30 days after we deliver notice of change, however, will constitute your acceptance of the change.

March 31, 2024