Clause database · Telecom, streaming, and subscriptions
Comcast
Xfinity Residential Services Agreement
As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-court
NOTWITHSTANDING THE FOREGOING, THE FOLLOWING DISPUTES WILL NOT BE SUBJECT TO ARBITRATION: (i) DISPUTES RELATING TO THE SCOPE, VALIDITY, OR ENFORCEABILITY OF THIS ARBITRATION PROVISION
Company’s fee promise
Reviewed category: hardship-or-request-conditioned
If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost prohibitive, regardless of the outcome of the Arbitration.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
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)), you shall reimburse us for any fees and costs that were advanced by us on your behalf.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
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.
Mass-arbitration terms
Reviewed category: incorporates-provider-rules-only
Arbitrations shall be administered to the most recent version of the American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mass Arbitration Supplementary Rules (the “ AAA Rules ”), with the exclusion of any associated fee schedules
Small-claims carve-out
Reviewed category: available-standard-carve-out
either you or we may elect to have a Dispute heard in a small claims court in the area where you receive(d) Services from us, if the claim(s) underlying the Dispute is not aggregated with the claim(s) of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
Opt-out
Reviewed category: general-with-window
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, (i) BY VISITING XFINITY.COM/ARBITRATIONOPTOUT , OR (ii) IN WRITING BY MAIL TO: COMCAST, 1701 JOHN F. KENNEDY BLVD., PHILADELPHIA, PA 19103-2838, ATTN: LEGAL DEPARTMENT/ARBITRATION. ANY SUCH WRITTEN NOTIFICATION TO US MUST INCLUDE YOUR NAME, SERVICE ADDRESS, AND COMCAST ACCOUNT NUMBER, AND 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 THE SERVICES PROVIDED BY US. IF YOU HAVE PREVIOUSLY OPTED OUT OF ARBITRATION WITH RESPECT TO THE ACCOUNT GOVERNED BY THIS AGREEMENT, YOU DO NOT NEED TO DO SO AGAIN. BUT YOU MUST SEPARATELY OPT OUT FOR EACH ACCOUNT UNDER WHICH YOU RECEIVE SERVICES. ANY OPT-OUTS SUBMITTED AFTER THIS 30-DAY PERIOD WILL NOT BE EFFECTIVE AND ALL DISPUTES WITH US WILL BE ARBITRATED.
Unilateral modification
Reviewed category: continued-use-is-acceptance
If any material change to our relationship with you, including any material change to this Agreement, negatively affects your Services, or if any material change is made to the Arbitration Provision in Section 13, you have the right to cancel your Services; but you accept any such change if you continue to use or receive the Services for more than thirty (30) days after such change.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
“ us ” and “ we ” means Comcast Cable Communications, LLC and any of its parents, subsidiaries, and other affiliates, each of their respective predecessors, successors, and assigns, and each of their respective officers, directors, employees, and agents; and “ you ” means you and any users or beneficiaries of the Services.
Confidentiality of the arbitration
Reviewed category: account-information-protection-only
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.
Shortened limitations period
Reviewed category: shortened-to-1-year
YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENTS OR FACTS.
Severability if the class waiver is struck
Reviewed category: class-waiver-declared-non-severable
THIS WAIVER OF CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS AND RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.
Counsel or representation restrictions
Reviewed category: authorization-to-share-account-with-counsel
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.
Mass-arbitration numeric trigger
Reviewed category: provider-rules-deferral
Arbitrations shall be administered to the most recent version of the American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mass Arbitration Supplementary Rules (the “ AAA Rules ”), with the exclusion of any associated fee schedules