Terms and Conditions

Terms and Conditions

BRC (“we,” “us,” “our,” or “BRC”) service(s) will be provided to you (“you,” “your,” or “Customer”) on the terms and conditions set forth in this Agreement. These Terms and Conditions may be superseded by conflicting franchise agreement terms. BRC’s Internet access service is provided by PenTeleData in partnership, collectively “BRC.”

A. ACCEPTANCE OF THIS AGREEMENT

You will have accepted and are bound by these terms if you use the service(s) or otherwise indicate your affirmative acceptance of such terms. Other terms and conditions, such as those contained within Articles of Agreement, may apply and are hereby incorporated by reference. Articles of Agreement are accessible at each BRC office. The PenTeleData Internet Acceptable Use Policy is also hereby incorporated by reference.

B. SERVICE PROCEDURE

The following Service Procedure adopted by Blue Ridge Communications is in compliance with the FCC standards.

  • Standard installations will be performed within seven (7) business days after an order has been placed. (“Standard means any installation located within 125 feet of existing distribution system.”)
  • Excluding any conditions beyond the control of the operator, work on “Service Interruptions” will begin within 24 hours after the interruption becomes evident.
  • Installations and other installation related activities will be scheduled within a four (4) hour time period during normal business hours. If the installer is running late and will be unable to keep the appointment, it shall be rescheduled at the convenience of the customer.
  • Service is provided consistent with 47 USC §76.309.

C. CREDIT CHECK

Where permitted by law, BRC reserves the right to verify credit as a condition of providing its services.

D. PHONE NUMBERS YOU PROVIDE

If you provided a cell phone number while setting up your account, you specifically authorize this number to be used for contact from BRC for all account purposes, such as notices, advertisements, telemarketing, and debt collection including messages using artificial or recorded voices. You may opt out of this authorization by notifying us pursuant to the complaint procedure below in section II(H). You agree, in order for us to service your account, telemarking, advertisements, notices and/or to collect monies you may owe, BRC and/or our agents may contact you by telephone at any telephone number associated with your account, including wireless telephone numbers, which could result in charges to you. We may also contact you by sending text messages or emails, using any email address you provide to us. Methods of contact may include using pre-recorded/artificial voice messages and/or use of automatic dialing device, as applicable.

E. BILLING PROCEDURE

  • Statements are issued in the beginning of the billing period. Payment is due on the date stated on the statement for the total amount.
  • If you do not pay your bill on or before the due date, you will be charged a late fee.
  • Your first bill will reflect charges from the date of installation.
  • All payments must be made in US currency. Checks must be written in blue or black ink.
  • Installation fees are charged and vary by service.
  • If you receive a delinquent notice, the balance is required to be paid in full.
  • A fee will be charged for returned checks.
  • All disconnected accounts are required to return BRC supplied converters and remotes to a Blue Ridge Communications office. Disconnected accounts will be charged if they do not return their BRC supplied converter(s) and remote(s). However, credit will be given upon reconnection or return of converter(s) and remote(s).

F. SERVICE TERMINATION

Service is on a month to month basis, billed in advance. You may terminate your service(s) at any time by giving notice to BRC, unless you have agreed to a specific term. Notice must be given either in writing or by having the account holder contact BRC by phone. Upon cancellation, BRC shall have the right to remove its equipment from the premises in question. BRC reserves the right to terminate any or all services at any time without prior notice for, without limitation, failure to comply with terms, any express or implied threat of violence, or use of derogatory language, towards any employee, representative, agent, or contractor of BRC; loss of right or ability to use public rights-of-way necessary to serve customer; and instances when, in our sole judgment, continued operation is causing harm to the network.

G. REFUND POLICY

When you terminate service(s) with us, depending on what day of the month you terminate, you may receive a credit for those days of service which you prepaid and did not use the service. All refunds will be made in the form of the original payment. If the amount of the refund is $1.99 or less, it is our policy not to refund this amount to you due to the cost of processing unless requested. Amounts of $2.00 or greater will be automatically sent to you at the last address indicated on your bill when paying by check.

H. COMPLAINT PROCEDURE

Customers may call their local service office to register complaints. Complaints to the local office will be recorded, with the time received, the nature of the complaint along with the name, address, and phone number of the customer calling in.

In most cases, any complaints about technical quality or signals will be investigated within 48 hours of receipt, with a visit to your premises by a field technician. If a service call is not required, you will be informed as to the correction of the complaint immediately. You can also use the Help function on the BRC website. We have agents available 24 hours a day, seven days a week to assist you. You can also contact us by email at csr@brctv.com for customer service issues, or at brcnoffice@pencor.com for technical and network issues.

If the local service office is unable to resolve the problem, you may direct correspondence to:

Ephrata, Duncannon, Newberry Areas:
Jeff Wenger
P.O. Box 150, Ephrata, PA 17522
717-733-4111

All Other Areas:
Jeff Crandall
P.O. Box 215, Palmerton, PA 18071
610-826-2551

We are committed to resolving your complaints promptly. If you feel the complaint was not handled or resolved properly, you may wish to register a complaint with the local franchising authority. Calls may be directed to the Secretary of the Borough or Township in which you reside.

I. TELEPHONE MONITORING

From time-to-time, we will be monitoring and recording customer phone calls in order to ensure quality customer service.

J. PROGRAMMING AND RATES

All programming, programming services, programming packages, number of channels, channel allocations, channel lineups, and selection of broadcast channels are subject to change by BRC in its sole discretion, in accordance with applicable law. Rates for the installation and provision of services or equipment and rates for programming or other services are subject to change by BRC in its sole discretion, in accordance with applicable law. You acknowledge and agree that BRC has the right at any time to preempt without prior notice, specific programs, services, or offers advertised as available to you.

K. EQUIPMENT OWNERSHIP

BRC shall maintain exclusive ownership of all equipment delivered to and/or installed within or upon Customer’s residence, including but not limited to, cables, wires, amplifiers, cable modems, converter boxes, and remotes (“Equipment”). The Equipment is loaned for your exclusive use and may not be relocated from your address without BRC’s consent. If it is lost, stolen, or damaged under any circumstances after it is provided until it is returned, regardless of fault, you shall be responsible for all charges, including labor costs, to replace or repair the Equipment. If the service associated with the Equipment is terminated for any reason by either party, you must immediately return loaned Equipment associated with that service in an undamaged condition to BRC at the nearest BRC office. If loaned Equipment is not immediately returned upon termination, you will be assessed a charge of the manufacturers retail price of the Equipment plus collection costs and collection proceedings may commence against you.

DVR/TiVo (collectively “DVR box”): You authorize BRC to charge your credit card the cost of loaned DVR box plus 15% collection fee, less deposit, per Box IF BRC has not received loaned DVR box(es) within 10 days of any termination of the DVR service. You agree to pay this fee in accord with your credit card agreement. It is your responsibility to return any loaned DVR box(es) to your nearest BRC office.

L. EQUIPMENT AND SERVICE DISCLAIMER

Equipment and Service(s) are provided “as is,” without warranty of any kind, either express or implied. Neither BRC nor its affiliates, suppliers, employees, agents, contractors, distributors, licensors or business partners warrant that the equipment or service(s) will meet your requirements, provide uninterrupted use, or operate as required, without delay, or without error. Neither BRC nor its affiliates, suppliers, employees, agents, contractors, distributors, licensors or business partners warrant that any communications will be transmitted in uncorrupted form. All representations and warranties of any kind, express or implied, including, but not limited to, any warranties of performance, noninfringement, fitness for a particular purpose or merchantability, are hereby disclaimed and excluded unless otherwise prohibited by applicable law.

M. CONSUMER EDUCATION

Some older TV sets and VCRs do not have enough channel capacity to provide all of the channels we make available. A converter may be necessary to view these channels. The converter does not need to have descrambling capabilities. When using any cable converter you may not be able to benefit from some of the special functions of your TV set and VCR. For example: to view one channel while recording another; to watch and record two different TV shows at the same time; to use advanced picture generation and display features such as “picture in picture.” Converters are available from local retailers or directly from BRC.

If BRC has provided you with a remote control for use with a converter or other device, please be advised that compatible remote controls are available from retail outlets. Many remotes designated as “universal remotes” will operate the converter boxes. You may contact your local BRC office for advice prior to purchasing a remote control.

Digital customers: Instructions for parental controls are located at www.brctv.com/support/ troubleshooting/parental-control and in your e-welcome letter. We recommend that you set up a PIN to prevent accidental or unauthorized purchases. The account holder is responsible for all purchases from their account. Services are provided subject to the terms found at www.brctv.com and at all branch offices. Some digital and interactive features such as an on screen program guide and video on demand require a digital converter compatible with the BRC network. BRC provides a compatible converter for a monthly fee.

N. ACCESS TO CUSTOMER PREMISES

You agree to allow us and our agents the right to enter your property at which the service(s) and/or equipment will be provided (the “Premises”) at reasonable times, for purposes of installing, configuring, maintaining, inspecting, upgrading, replacing, and removing the service(s) and/or equipment used to receive any of the service(s). You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for obtaining any necessary approval from the owner to allow us and our agents into the Premises to perform the activities specified above. In addition, you agree to supply us or our agent, if we ask, the owner’s name, address, and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Premises. BRC’s failure to remove the equipment shall not be deemed an abandonment thereof, except as provided by law, and shall not relieve you of your obligation to return the equipment upon termination of services.

O. DISRUPTION OF SERVICE(S)

BRC will use reasonable diligence to preserve as nearly as possible the continuity of our service, but in the event of failure of service, in whole or part, we shall not be subject to any liability, penalty or payment for or on account of any such failure, including loss of data, regardless of the cause thereof. In the event that there is a service interruption to any customer for six (6) or more consecutive hours and upon receipt of written or credible oral request, BRC shall grant such customer a pro rata credit or rebate, on a daily basis, of that portion of the service charge during the next consecutive billing cycle, or, at its option, apply such credit to any outstanding balance that is currently due.

BRC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, AND BRC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

P. BLUE RIDGE DIGITAL PHONE COMPANY

Digital Phone service is provided through Blue Ridge Digital Phone Company. Customer rights and obligations are found in the tariff on file with the Pennsylvania Public Utility Commission and at: www.brctv.com. Please note that customer calling records are kept for a brief period and may not be available.

Main Office:
P.O. Box 215, 613 Third
Street
Palmerton, PA 18071
Phone: (610) 826-2551
Duncannon Area
1 Water Street
Duncannon, PA 17020
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1pm
(800) 232-2273
(717) 834-5715
(717) 834-9285
Ephrata Area
804 Academy Heights
Avenue
PO Box 150
Ephrata, PA 17522
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1pm
(717) 733-4111
(717) 484-2266
Gilbert Area
1310 Route 209
Suite 109
Gilbert, PA 18331
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1pm
(800) 222-8350
(610) 681-6100
Hawley Area
2569 RT 6
Hawley, PA 18428
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1pm
(800) 426-0606
(570) 226-4914
Lansford Area
20 West Ridge Street
Lansford, PA 18232
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1pm
(800) 262-0850
(570) 645-5511
Lehighton Area
200 North First Street
Lehighton, PA 18235
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1pm
(610) 377-2250
(610) 826-2555
(570) 386-3252
Mansfield Area
46 North Academy
Street
Mansfield, PA 16933
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1 pm
(800) 543-8128
(570) 662-2369
Milford Area
112 Bennett Avenue
Milford, PA 18337
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1 pm
(570) 296-8200
Newberry /York Haven
Area
2800 Lewisberry Road
York Haven, PA 17370
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1pm
(800) 232-2273
(717) 938-6501
Pencor Wireless
(Palmerton)
524 Delaware Avenue
Palmerton, PA 18071
M-F: 8am - 6pm
Sat: 9am - 1pm
610-826-9311
800-581-7877
Pencor Wireless
(Walnutport)
241 Lehigh Gap Street
Walnutport, PA 18088
Hours M-F: 8am - 6pm
Hours Sat: 9am - 1pm
(888) 497-9301
(610) 767-6383
Pocono Summit Area
2551 Route 940
Pocono Summit, PA
18346
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1pm
(800) 464-9333
(570) 839-3550
Stroudsburg Area
920 Ehler Street
Stroudsburg, PA 18360
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1pm
(800) 622-8925
(570) 421-0780
Tunkhannock Area
Route 29 & Dymond
Terrace
PO Box 141
Tunkhannock, PA 18657
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1pm
(800) 275-0724
(570) 836-5422
Wellsboro Area
15 Crafton Street
Wellsboro, PA 16901
Hours M-F: 8am - 5pm
Hours Sat: 9am - 1 pm
(570) 724-4516


Q. DIGITAL PHONE BATTERY BACKUP

Your Blue Ridge Digital Phone service utilizes telephone equipment that is connected to your home’s power.  During a power outage, you will not have access to phone service or e911 unless a battery is installed and attached to the telephone equipment (“EMTA”) at your home.  Blue Ridge currently supports two types of EMTAs:  EMTAs and EMTA 3.1s.  Effective June 22, 2018, EMTAs and EMTA 3.1s do not come with a backup battery, but they are available for purchase upon request.

Backup battery service for EMTAs can provide up to eight hours of standby service or up to four hours of talk time using a telephone that itself does not require power and is directly connected to the EMTA’s jack.  Twenty-four hour batteries are also available to purchase for EMTAs; they can provide up to 24 hours of standby service or up to eight hours of talk time.  Backup battery service for EMTA 3.1s can provide up to eight hours of standby service or up to four hours of talk time. 

Backup batteries are available for purchase from Blue Ridge at any of our retail locations, when you order Blue Ridge Digital Phone service, or by contacting us at 1-800-CABLE 77.  Backup batteries may also be purchased after you have had Digital Phone service installed.  Blue Ridge cannot guarantee that batteries purchased from sources other than Blue Ridge will be compatible with the EMTA provided by Blue Ridge. 

You have the option of either picking up a battery at one of Blue Ridge’s offices or having the battery mailed to you.  Please make sure to refer to the installation instructions included with the battery package.

Battery Light Information for EMTAs

To check to ensure that the battery has been installed correctly, make sure that the battery indicator light on the front of the EMTA, which displays the status of the battery, is on.  If the light is off, the battery may not be charged.

The battery light on the front of the EMTA will illuminate solid green when the battery is charged.  If the light is blinking, the battery charge is low.  If the light is off, the EMTA is operating from batter power, the battery charge is depleted, or the battery is defective.  The battery light will also blink when AC power has failed and the unit is operating under battery power.  Please note that when the EMTA is operating on battery power (without AC power), the LED lights may behave differently.

Battery Light Information for EMTA 3.1s

To check to ensure that the battery has been installed correctly, make sure that the battery indicator light on the front of the EMTA 3.1, which displays the status of the battery, is on.  If the light is off, the battery may not be charged or there is no battery attached.  If the light is blinking, the battery charge is depleted or the battery is defective.

When the EMTA 3.1 is operating on backup power mode, the power light will flash and the battery light will turn off.  Should the battery charge be low or depleted, the battery light will flash.

Battery Information

Under normal operating conditions, most batteries will not need to be replaced for several years. However, factors such as age and temperature could impact battery performance.  Batteries should be stored between -4 and 140 °F.  Please be aware that storage above 77°F reduces battery life.  After installation, we recommend that you check the battery status on a regular basis, ideally twice a year.  Customers are responsible for monitoring their backup power.  Customers may view the battery power status on their My Blue Ridge accounts under the “Manage Phone Features” tab.

Please be aware that this backup power will not power services other than voice, including home security service.

Customer understands it is his responsibility to inform all household residents, guests, and other third persons who may be present at the physical location where Digital Phone service is utilized as to the important limitations on emergency response services as detailed herein.  Customer understands and acknowledges that Blue Ridge, its affiliates, subsidiaries, parent companies and network service providers, will have no liability whatsoever with respect to 911 dialing on Blue Ridge’s Digital Phone service.  Customer agrees to defend, indemnify, and hold h armless the aforementioned entities from any claims, losses, damages, costs and expenses (including reasonable attorney’s fees) relating to such 911 dialing by Customer and/or any user of Customer’s Digital Phone service.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

Blue Ridge, its affiliates, and parent company disclaim all warranties or remedies for breach of warranty, whether statutory, express or implied warranties, including, without limitation, any warranty of merchantability, non-infringement, or fitness for a particular purpose. 

In no event shall Blue Ridge or any of its affiliates be liable in contract, tort or otherwise for any loss, claim or damages of any other kind, whether direct, incidental, consequential, exemplary, special, punitive, remote or otherwise, including any lost profits, lost revenue, loss of equipment, cost of purchased power, cost of substitute product, facilities or services, claims of customers of owner, or removal, shipping, transportation or installation expenses. 

BLUE RIDGE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

All warranties implied by state law, including implied warranties of merchantability and fitness for a particular purpose, are expressly disclaimed.

R. ASSIGNMENT OR TRANSFER

This Agreement and Equipment are not assignable or otherwise transferrable by Customer. Customer shall notify BRC of any change of occupancy or ownership of the premises immediately upon such transfer of ownership or tenancy, and shall promptly return the Equipment to BRC upon such occurrence.

S. FORCE MAJURE

Neither party shall be liable for any delay or failure of performance or equipment due to causes beyond its control, including, but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, action or request of a Federal, state or local governmental authority or of any civil or military authority; national emergencies; unavailability of rights-of-way or materials; inability to appropriately configure and/or interconnect the equipment within customer’s residence; or strikes, lock-outs, work stoppages or other labor difficulties.

T. MANDATORY BINDING ARBITRATION THIS PARAGRAPH APPLIES TO ALL SERVICES YOU MAY HAVE WITH BLUE RIDGE COMMUNICATIONS INCLUDING INTERNET, PHONE, CABLE AND SECURITY.

A. MANDATORY BINDING ARBITRATION. WE STRIVE TO RESOLVE DISPUTES FAIRLY AND QUICKLY, IF WE CANNOT RESOLVE A DISPUTE WITH YOU, THEN EXCEPT AS DESCRIBED BELOW, EACH OF US AGREES TO SUBMIT ANY CLAIM FOR MONETARY DAMAGES TO THE AMERICAN ARBITRATION ASSOCIATION, WWW.ADR.ORG, FOR BINDING RESOLUTION UNDER ITS COMMERCIAL ARBITRATION RULES OR BY SEPARATE MUTUAL AGREEMENT TO ANOTHER ARBITRATION INSTITUTION.

B. RIGHT TO OPT OUT. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY BRC AND/OR PTD IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST RECEIVE THIS AGREEMENT BY MAIL TO BRC: PO BOX 215, 613 3RD STREET, PALMERTON, PA 18071, ATTN: LEGAL DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS AND BRC AND/OR PTD ACCOUNT NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES GREATER THAN $10,000 WITH BRC AND/OR PTD THROUGH BINDING ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH BRC AND/OR PTD OR THE DELIVERY OF SERVICE(S) TO YOU BY BRC AND/OR PTD. IF YOU HAVE PREVIOUSLY NOTIFIED BRC AND/OR PTD OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

C. CLASS ACTION WAIVER AND OTHER RESTRICTIONS:

I. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE (EXCEPT FOR BILLING DISPUTES, ABOUT WHICH YOU MUST CONTACT BRC AND/OR PTD WITHIN SIXTY (60 DAYS)), OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

II. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION 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 CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR’S AUTHORITY TO RESOLVE AND MAKE WRITTEN AWARDS IS LIMITED TO CLAIMS BETWEEN YOU AND BRC AND/OR PTD ALONE. CLAIMS MAY NOT BE JOINED OR CONSOLIDATED UNLESS AGREED TO IN WRITING BY ALL PARTIES. NO ARBITRATION AWARD OR DECISION WILL HAVE ANY PRECLUSIVE EFFECT AS TO ISSUES OR CLAIMS IN ANY DISPUTE WITH ANYONE WHO IS NOT NAMED PARTY TO THE ARBITRATION. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT AND TERMS AND CONDITIONS, AND WITHOUT WAIVING EITHER PARTY’S RIGHT OF APPEAL, IF ANY PORTION OF THIS CLASS ACTION WAIVER AND OTHER RESTRICTIONS PROVISION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION (OTHER THAN THIS SENTENCE) SHALL NOT APPLY.

D. LOCATION OF ARBITRATION. THE ARBITRATION WILL TAKE PLACE AT A LOCATION CONVENIENT TO YOU IN THE AREA WHERE YOU RECEIVE THE SERVICE FROM US.

E. PAYMENT OF ARBITRATION FEES AND COSTS. BRC AND/OR PTD WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN BRC AND/OR PTD’S FAVOR, YOU SHALL REIMBURSE BRC AND/OR PTD FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE BRC AND/OR PTD FOR ANY OF THE FEES AND COSTS ADVANCED BY BRC AND/OR PTD. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, BRC AND/OR PTD WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

F. SEVERABILITY. IF ANY CLAUSE WITHIN THIS ARBITRATION PROVISION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT CLAUSE WILL BE SEVERED FROM THIS ARBITRATION PROVISION, AND THE REMAINDER OF THIS ARBITRATION PROVISION WILL BE GIVEN FULL FORCE AND EFFECT. IF THE CLASS ACTION WAIVER CLAUSE IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THE ENTIRE ARBITRATION PROVISION WILL BE UNENFORCEABLE, AND THE DISPUTE WILL BE DECIDED BY A COURT. IN THE EVENT THIS ENTIRE ARBITRATION PROVISION IS DETERMINED TO BE ILLEGAL OR UNENFORCEABLE FOR ANY REASON, OR IF A CLAIM IS BROUGHT IN A DISPUTE THAT IS FOUND BY A COURT TO BE EXCLUDED FROM THE SCOPE OF THIS ARBITRATION PROVISION, YOU AND BRC AND/OR PTD HAVE EACH AGREED TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.

G. EXCLUSIONS FROM ARBITRATION. ONLY CLAIMS FOR MONEY DAMAGES MAY BE SUBMITTED TO ARBITRATION. YOU AND BRC AND/OR PTD AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY WHOSE AMOUNT IN CONTROVERSY (INCLUDING CLAIMS FOR ATTORNEY’S FEES PERMITTED BY LAW) IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS (MAGISTERIAL DISTRICT COURT IN PENNSYLVANIA); (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF SERVICE; (4) ANY DISPUTE THAT ARISES BETWEEN BRC AND/OR PTD AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. § 522(9); (5) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE;. AND (6) CLAIMS FOR INJUNCTIVE ORDERS OR SIMILAR RELIEF MUST BE BROUGHT IN A COURT (OTHER THAN CLAIMS RELATED TO WHETHER ARBITRATION IS APPROPRIATE, WHICH WILL BE DECIDED BY AN ARBITRATOR, NOT A COURT. YOU MAY NOT COMBINE A CLAIM THAT IS SUBJECT TO ARBITRATION UNDER THIS AGREEMENT WITH A CLAIM THAT IS NOT ELIGIBLE FOR ARBITRATION UNDER THIS AGREEMENT.

H. CONTINUATION. THIS ARBITRATION PROVISION SHALL SURVIVE THE TERMINATION OF YOUR SERVICE(S) WITH BRC AND/OR PTD.