Terms of Use

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Terms of Use

Community Manager
Community Manager

myDISH Communities Terms of Use

Effective January 30, 2018

 

Please note that the terms and conditions contained herein, together with Privacy Policy and myDISH Communities Guidelines, each of which is hereby incorporated in these Terms of Use by this reference in its entirety (collectively, these “Terms of Use”) include embedded hyperlinks that may only be accessed through our websites, and if you are reviewing these Terms of Use through certain applications or other platforms, then you may need to visit www.dish.com/legal or www.dish.com/terms-conditions/ in your browser to review any hyperlinked terms incorporated herein. These Terms of Use set forth the terms and conditions pursuant to which DISH Network L.L.C. will agree to provide or otherwise make our Services available to you. Your access and use is conditioned on your acceptance of these Terms of Use and are effective until we change or replace them.

DISH Network L.L.C. (referred to as, “we,” “us,” “our” or “DISH”) endeavors to provide you and other users of our websites (“Websites”) and our applications (“Apps”) with access to a variety of content on myDISH Communities (any and all content contained therein collectively referred to in these Terms of Use as, “Services”). You and other users of our Services are collectively referred to in these Terms of Use as “you,” “your,” and “Users.” Our Services were designed to be accessed and used only by those Users intentionally authorized by us to receive such Services after registering with us and creating a membership account (“Membership Account”) to access content available on DISH Communities (each, an “Authorized User”).

As discussed in SECTION 9, THESE DISH TERMS OF USE REQUIRE THE USE OF MANDATORY AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES .

 

Terms of Use: Table of Contents

  • Section 1: ACCEPTANCE OF TERMS OF USE
  • Section 2: OUR SERVICES
  • Section 3: MEMBERSHIP ACCOUNTS
  • Section 4: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS
  • Section 5: INTELLECTUAL PROPERTY
  • Section 6: DISCLAIMER OF WARRANTIES
  • Section 7: LIMITATION OF LIABILITY
  • Section 8: INDEMNIFICATION
  • Section 9: DISPUTE RESOLUTION, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
  • Section 10: MISCELLANEOUS

Section 1: Acceptance of Terms of Use

 

A.  Our Services are not intended to be used by children without involvement and approval of a parent or other legal guardian. If you are under the age of 13, then you are not permitted to register with us or provide your personal information to us. If you are between the ages of 13 and 18, you may register with us only if your parent or legal guardian has read and agreed to these Terms of Use and you have the consent of your parent or legal guardian. These Terms of Use govern your use of all of our Services and your relationship with us in connection with the Services. By accessing, visiting, downloading or using any of our Services you confirm that you have read and agreed to these Terms of Use. If you do not agree to these Terms of Use, then do not access or use any of our Services. If you are an existing user and do not wish to accept any revised Terms of Use, then you must immediately stop using all of our Services (including, for clarity, permanently removing all related Apps from your devices), except as set forth in these Terms of Use. Certain of our Services may be made available without any requirement to register or pay a fee, and you hereby acknowledge and agree that any such access to or use are also governed by these Terms of Use.  As long as you comply with these Terms of Use, DISH grants you a personal, non-exclusive, non-transferable, limited privilege to access the Website and use the Services.  myDISH Communities is intended for your personal, non-commercial use.

 

B.  Changes to these Terms of Use. These Terms of Use are effective until we change them. Because we are continuously working to improve, enhance, expand, and modify our Services to provide you with the best experience, these Terms of Use will change from time to time, and we suggest that you check back regularly in order to understand our Services, including our practices related to personal information as described in the Privacy Policy, and all other terms and conditions governing your access and use of our Services. You acknowledge and agree that we may change all or any portion of these Terms of Use at any time and from time to time, in our sole and absolute discretion, by publishing a revised version of these Terms of Use at: dish.com/terms-conditions/. Any revised version of these Terms of Use will be effective immediately for new Users, and solely with respect to existing Users, such revised version will be effective 30 days following the day on which the revisions were first posted, unless expressly and specifically stated otherwise. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

 

 

 

Section 2: OUR SERVICES

 

A. Our Services. By using our Services, you receive access to and use of: (i) certain software, technology and other intellectual property rights (including all functionality and data contained therein) owned or operated by us (regardless whether available for download directly or indirectly from DISH) (e.g., applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) websites owned, operated or otherwise controlled by, or on behalf of, us; (iii) the content accessible by you on myDISH Communities (e.g., any and all data, interactive, programming, advertising and other content); and (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you, including to enhance past or then-current Services.

 

 

B. Service Changes; Packaging of Services. In addition to, and without limiting any other provisions in these Terms of Use, DISH may, permanently or temporarily, add, delete, rearrange, alter, interrupt, change, and/or eliminate the Services, from time to time and at any time. We have no obligation toprovide these Services.

 

 

C. Compliance with Law. You agree to use our Services, including all features and functionalities associated therewith, in accordance with all applicable laws. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or otherwise use or gain access to all or any portion of our Services, except as explicitly authorized in these Terms of Use, without express written permission from DISH. You also agree not to: circumvent, remove, alter, deactivate, degrade, thwart or otherwise interfere with any of our Services; use any robot, spider, scraper or other automated means to access our Services; decompile, reverse engineer or disassemble any of our Services (e.g., software or other products); insert any code or product, or otherwise manipulate or interfere with our Services; or, use any data mining, data gathering, or extraction method. In addition, you agree not to upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, interfere with, destroy, or limit the functionality of any of our Services, or other software, hardware, or telecommunications equipment associated with our Services (e.g., any software viruses or any other computer code, files, or programs). In the event that we learn that you are using any Service in a manner that constitutes infringement of third-party intellectual property rights, including rights granted by U.S. copyright law, your Membership Account will be terminated.

 

 

D. General myDISH Communities Provisions

 

    1. Unless noted otherwise, views expressed on the Website are not endorsed by DISH.
    2. DISH does not control, validate or pre-screen information submitted by users of the Website ("Submissions", which includes, but is not limited to, any ideas, suggestions, or recommendations on this Website regarding DISH’s products, technologies or services) before it is posted. DISH retains the right, but not the responsibility, to edit or remove any Submission, including those deemed by DISH to violate the Terms of Use. DISH will investigate allegations that Submissions violate the Terms of Use but (a) makes no warranty to you that we will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) DISH will have no liability whatsoever for the display of any Submission whatsoever.
    3. DISH involvement. DISH may respond to questions but does not formally provide technical support on the Website. Any information that is provided by DISH or DISH employees is offered on an "AS IS" basis without warranties of any kind.
    4. DISH may offer you benefits and award privileges for your participation in the Website. The benefits and privileges provided do not create an employee, agency or independent contractor relationship between you and DISH, and you may not present yourself as a spokesperson for DISH.
    5. DISH may use "cookies" and other technologies to track user activity within myDISH Communities.  For more details, see DISH's Privacy Policy
    6. All Submissions will be accessible by the public or the user population generally. With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect to post, while you retain any and all of your lawfully owned rights in such Submission, you grant DISH a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submission which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of myDISH Communities to access, display, view, store, distribute, perform, reproduce and prepare derivative works of, such Submission that you have posted. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Submission. DISH is under no obligation to post or use any Submission you may provide and DISH may remove your Submission at any time in its sole discretion. You agree that DISH is not under any obligation of confidentiality, express or implied, with respect to your Submission. If you do not want to grant to DISH the rights set out above, do not send your Submission to the Website.
    7. By using the Website, you agree to receive communications from DISH in connection with myDISH Communities. DISH may respond to your post directly in the myDISH Communities or may attempt to contact you outside the Website via telephone, a reminder to respond to answers that have helped you or solved your question, or a survey on improving the services offered at the Website. You can opt-out of communications by logging into your Membership Account and changing your settings.
    8. DISH reserves the right to manage the postings on myDISH Communities to provide an orderly presentation of this information.  DISH may designate employees or others to act as moderators and administrators for myDISH Communities ("Moderators"). These Moderators are the only representatives of DISH authorized to manage myDISH Communities. Any DISH employees, subcontractors or vendors who are not designated as Moderators or employees are not authorized to represent themselves on myDISH Communities as DISH employees. Authorized DISH employees are distinguished by the Rank of "DISH Employee" and/or an official DISH logo as an Avatar.  DISH is not responsible for content provided by any DISH employee who is not designated as a Moderator or an Employee.
    9.  DISH asks for your help to keep the myDISH Communities a valuable and enjoyable information resource for all participants by notifying us of any offending messages or other violations of these Terms of Use. To advise us of such a posting, click the confidential "Report Inappropriate Content" link on the applicable post. Repeat offenders will be contacted by email or private message and eventually banned from the myDISH Communities. If violations are egregious in nature, we will contact the appropriate authorities. 

E.  Submissions

 

    1. Stay on topic. myDISH Communities exists to help subscribers use DISH programming, products, services, and technologies. You agree not to discuss rumors about unannounced DISH products or services, or discuss DISH policies or procedures.
    2. Submissions should either be a question or an answer. Constructive feedback about product features is welcome as well. Do not post polls or petitions or links to same.
    3. You may not use the Website to sell or market products to others and do not post a URL unless it directly answers a user's question.
    4. No inappropriate user names or impersonations. Inappropriate or offensive user names or aliases will be removed and persons attempting to impersonate another user will be removed. User names may not contain website, email addresses or other contact information.
    5. No material may be submitted that is intended to promote or commit an illegal act.
    6. Do not submit software or descriptions of processes that break or otherwise 'work around' digital rights management software or hardware.
    7. Do not post defamatory material.

 

F. Content Submitted

 

    1. Material submitted must be your own work or work to which you have a license. You warrant and represent that you own or otherwise control all of the rights to the information contained in your Submission.
    2. Never reveal any personal information.
    3. If you fail to abide by these terms, DISH may remove your submission without notice or send an email that informs you that your Submission has been deleted or edited. DISH may also temporarily or permanently suspend your ability to participate in any or all of the areas on the Website.
    4. If you post or send offensive or inappropriate content anywhere on or to the Website or otherwise engage in any disruptive behavior which DISH considers to be serious and/or repeated, DISH may use all available information about you to stop any further infringements. This may include informing relevant third parties such as your employer, school, Internet service provider, or law enforcement authorities of the infringement. 
    5. DISH may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DISH’s rights or property, or the rights or property of visitors to or users of the Website, including DISH’s customers. DISH reserves the right at all times to disclose any information that DISH deems necessary to comply with any applicable law, regulation, legal process or governmental request. DISH also may disclose your information when DISH determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
    6. You acknowledge and agree that DISH may preserve any transmittal or communication by you with DISH through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or DISH determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of DISH, its employees, users of or visitors to the Site, and the public.
    7. DISH reserves the right to delete any Submission, or take action against any account, at any time, for any reason.

 

 

Section 3: MEMBERSHIP ACCOUNTS

 

A.  Membership Account; Login Credentials. Prior to accessing certain features of our Services (such as posting and commenting on the Website), you will be required to either use an existing DISH account (such as yourcom account) to login or provide certain personal information determined by us as necessary to create a new Membership Account. Your existing DISH account may be used as your Membership Account for the myDISH Communities Services. To become an Authorized User you must use an existing DISH account or register with us for a Membership Account. You will be required to use an existing DISH account login credentials or create new login credentials, comprised of a user name and password (“Login Credentials”) designed to enable access and use your Membership Account.  Your membership will require a valid email, which may be different than you existing DISH account’s email. You are responsible for any and all actions, omissions, or other activities related to your Membership Account, including any Authorized Users you permit to be linked to your Membership Account (if any, and only to the extent, permitted by us). The person in whose name any Membership Account is used for access to our Services, and whose payment method is charged, if any, is referred to as the “Account Owner.” As an Account Owner you may have access to and control over your Membership Account, any Authorized Users linked to your Membership Account, and the Services available in connection therewith. If you have a Membership Account, then your control of such Membership Account is exercised through your use and protection of your password. Please be aware that to maintain exclusive control and ensure compliance with these Terms of Use, you may not reveal or share your Login Credentials with anyone. In addition, if you would like to ensure that others cannot access your Membership Account by contacting our Customer Service (as defined in Section 4 below) and potentially altering your control, then you should take the necessary precautions not to reveal any personal or sensitive information used to identify yourself in connection with a lost password or user name (e.g., billing information, government issued IDs, or secret question answers). If you believe that your Membership Account has been accessed by anyone other than you or any Authorized Users you have permitted thereunder, or otherwise without permission or in any unauthorized manner, then you must contact us immediately at: 1 (800)-333-3474 You are responsible for updating and maintaining the truth and accuracy of the information provided to us relating to your Membership Account . YOU UNDERSTAND THAT BY SHARING ACCESS TO OUR SERVICES OR YOUR LOGIN CREDENTIALS, OR BY OTHERWISE ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, YOU AGREE TO BE RESPONSIBLE FOR ASSURING THAT ANY AND ALL SUCH USERS COMPLY WITH THESE TERMS OF USE AND THAT YOU OR THE NAMED PERSON ON THE APPLICABLE MEMBERSHIP ACCOUNT SHALL BE RESPONSIBLE FOR ANY AND ALL ACTIONS, OMISSIONS AND/OR OTHER USE ASSOCIATED WITH SUCH MEMBERSHIP ACCOUNT. PLEASE BE AWARE THAT IF YOU SHARE OR OTHERWISE MAKE YOUR ACCOUNT AVAILABLE TO ANY THIRD PARTY (E.G., FORGETTING TO LOG OUT OF YOUR MEMBERSHIP ACCOUNT ON A SHARED OR PUBLIC DEVICE), THEN SUCH THIRD PARTY(IES) MAY BE ABLE TO ACCESS ANY AND ALL INFORMATION CONTAINED IN YOUR MEMBERSHIP ACCOUNT (E.G., CERTAIN PERSONAL INFORMATION, BILLING INFORMATION, SETTINGS, VIDEO RENTAL AND VIEWING HISTORY AND OTHER RELATED VIEWING PREFERENCES (IF ANY) ASSOCIATED WITH YOUR ACCOUNT).

 

B.  DISH may refuse to grant you a Membership Account or may terminate your existing Membership Account in its sole discretion. You agree that all information provided in a profile is accurate, up to date, and complete, and that it will be kept updated. DISH may terminate your account if any of the information provided is found to be inaccurate, out of date, or incomplete.

 

C.  DISH provides the Services for use only by persons located within the United States. DISH makes no representation that all products, services and/or material described on the Website are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any such International websites will be governed by their own terms of use and privacy policies and not by these Terms.

 

D.  Account Access; Cookies. In order to provide you with ease of access to your Membership Account and to help administer our Services, DISH uses technology that enables us to recognize you as an Authorized User and to provide you with direct access to your account without requiring you to retype any Login Credentials every time that you access, use, or otherwise revisit our Services. For information about how cookies allow us to simplify the ease of access to your Membership Account, please review our Privacy Policy.

 

E.  Requests for Information. You should be mindful of any communication requesting that you submit any personal or other sensitive information (e.g., your personal information, credit or debit card account information, Login Credentials, or secrets questions), and before confirming any such request, you should contact Customer Service immediately at: 1 (800)-333-3474. Please be aware that providing your information in response to these types of communications can result in, among other things, identity theft or fraud. Always access your sensitive account information (e.g., your personal information, credit or debit card account information, Login Credentials, or secrets questions) via our Websites or Apps, or by contacting Customer Service directly at: 1 (800)-333-3474. In order to protect DISH and its affiliates, media providers, device providers, business partners, or other service providers or licensors (collectively, “Contributors”), we reserve the right, and may, from time to time and at any time, without providing notice to you, place on hold (or otherwise suspend) your Membership Account in connection with any activity that we believe to be fraudulent, illegal, in violation of these Terms of Use, or otherwise suspicious.

 

 

 

Section 4: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS

 

A. Customer Support Services. DISH may elect to provide Membership Account support services or other assistance in connection with your Membership Account (“Customer Service(s)”). The levels, methods, and availability of our Customer Service offered is determined by us, in our sole and absolute discretion; we have no obligation to provide any Customer Services whatsoever in connection with our Services. If we make available or otherwise provide Customer Services, then such Customer Services are considered part of our Services for purposes of these Terms of Use, including any and all restrictions, disclaimers, and limitations herein.

 

B. By activating a Membership Account (including using an existing DISH account to your Membership Account), you hereby consent to receive electronic communications from us and other Contributors related to such account and our Services. These communications may involve sending emails to the email address you provided during registration, or delivering electronic communications via your Membership Account, and will include notices about your Membership Account (e.g., password changes, confirmation e-mails, notices, and other similar or transactional information related to such account); these communications are part of our Services and your relationship with us. You agree that any notice, agreements, disclosures, or other communications that we send to you electronically, as described herein, will satisfy any legal communication requirements (e.g., that such communications be in writing and through an appropriate method). You also consent to receiving other electronic communications from us, such as newsletters about new Services features and content, special offers, promotional announcements, and customer surveys. If you no longer want to receive certain non-transactional communications via email, please contact Customer Service at 1 (800)-333-3474, click on the “Unsubscribe” link contained in any email, or on any other link that indicates that you would like to be removed from future, similar non-transactional communications.

 

 

 

Section 5: INTELLECTUAL PROPERTY

 

A.  DISH Property.  The DISH Services, including any and all content made available in connection with your access and use of our Services, is protected by domestic and international copyright, trade secret, trademark, and other intellectual property laws.

 

B.  Reporting Claims. If you have a reasonable belief that your or any other’s protected works have been reproduced or distributed in a way that constitutes copyright infringement, or are otherwise aware of any content available in connection with the Services that may be infringing, violating, or otherwise misappropriating the your rights or such other party’s rights, then please notify us immediately by sending us a written statement to the Notice Address set forth in DMCA Policy below, which written statement must set forth as much detail as is available, including, at a minimum: (i) your name; (ii) your address; (iii) your Membership Account number (if any); and (iv) a clear and detailed statement about the applicable concern of copyright infringement and/or related claim or by clicking on the “DMCA Policy” link at and providing us with notice of your claim and other information as instructed.

 

 

 

Section 6: DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

A. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS OF USE, DISH (ON BEHALF OF ITSELF AND THE OTHER CONTRIBUTORS) HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF SATISFACTION, ENJOYMENT, QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DISH DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE (OR ITS OPERATING SYSTEM) WITH ANY OF OUR SERVICES, OR ANY INTERNET CONNECTION, INCLUDING ITS SPEED, BANDWIDTH OR COMPATIBILITY WITH ANY DEVICE OR DISH FURTHERMORE, WE DO NOT MAKE ANY PROMISES ON BEHALF OF ANY THIRD PARTY, INCLUDING THE OTHER CONTRIBUTORS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY PROMISES MADE BY US RELATED TO SUCH PARTIES OR THE PRODUCTS AND SERVICES PROVIDED BY THEM. The disclaimers set forth in these Terms of Use expressly apply to any terms hyperlinked and incorporated herein, including the Privacy Policy and the myDISH Communities Guidelines, and including the software contained in our Services and your use of such software. We do not warrant that any issues, errors, or other defects or failures in or related to the software or our Services will be corrected.

 

B.  NEITHER DISH NOR ANY OTHER CONTRIBUTOR MAKES ANY WARRANTY WHATSOEVER THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR REASONABLE SATISFACTION; (ii) PROVIDE OR CONTINUE TO PROVIDE ANY PARTICULAR FUNCTIONALITY; (iii) THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA-THROUGHPUT RATE, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iv) INFORMATION RELATED TO YOUR ACCOUNT OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (v) THE SERVICES WILL MEET YOUR EXPECTATIONS, OR ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

 

C.  WE HEREBY DISCLAIM ANY, AND YOU AGREE THAT WE HAVE, NO OBLIGATION WHATSOEVER TO REPLACE OR SUPPLEMENT ANY SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, PACKAGES OF SERVICES AND/OR PORTION OF SERVICES AS A RESULT OF ANY CHANGE.

 

D.  ANY MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEVISION, RECEIVER, DEVICE OR OTHER HARDWARE, OR LOSS OF DATA THAT RESULTS FROM THE SERVICES. NEITHER DISH NOR ANY OTHER CONTRIBUTOR ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, CORRUPT, OR OTHERWISE HARM ANY OF YOUR PROPERTY OR THE PROPERTY OF ANY THIRD PARTY, INCLUDING YOUR SOFTWARE, DEVICE OR OTHER HARDWARE.

 

E.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISH OR THE OTHER CONTRIBUTORS, OR VIA YOUR MEMBERSHIP ACCOUNT OR USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

 

 

Section 7: LIMITATION OF LIABILITY

 

A.  Indirect Damages. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER DISH NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (E.G., INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF DISH OR ANY OF SUCH OTHER CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM, OR OTHERWISE RESULTING DIRECTLY OR INDIRECTLY FROM: (i) USE OF ANY OF OUR SERVICES; (ii) ACTIONS, OMISSIONS, AND OTHER ACTIVITY UNDER YOUR MEMBERSHIP ACCOUNT (INCLUDING USE NOT AUTHORIZED BY US); (iii) THE PERFORMANCE OR NON-PERFORMANCE OF OUR SERVICES; OR (iv) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF OUR SERVICES, EVEN IF SUCH DAMAGES RESULT FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF DISH OR THE OTHER CONTRIBUTORS.

 

B.  Force Majeure. NEITHER DISH NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY FAILURE TO PERFORM THAT IS CAUSED BY OR OTHERWISE RESULTS FROM ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SERVER, INTERNET, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.

 

C.  Limitation of Liability. IN ADDITION TO ANY OTHER LIMITATIONS SET FORTH IN THESE TERMS OF USE, NEITHER DISH NOR THE OTHER CONTRIBUTORS, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN ANY SERVICES OR FOR ANY DELAY, FOR THE AVOIDANCE OF DOUBT, INCLUDING: (i) IF SUCH ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION, OR DELAY ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF DISH’S ACCESS TO ALL OR ANY PORTION OF OUR SERVICES FOR ANY REASON WHATSOEVER; (ii) THE RELOCATION OF ALL OR ANY PORTION OF OUR SERVICES TO DIFFERENT SERVER(S); (iii) ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN THE FEATURES AND/OR FUNCTIONALITY AVAILABLE WITH YOUR PERMITTED DEVICE(S) OR OUR SERVICES; (iv) ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US OR OUR CONTRIBUTORS; OR (v) ISSUES RESULTING FROM YOUR DEVICE OR INTERNET CONNECTION, INCLUDING, LACK OF SUFFICIENT BANDWIDTH. FURTHERMORE, NONE OF DISH, ITS PROVIDERS, DEVICE PROVIDERS OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR THIRD-PARTY LICENSORS WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION OF OR TO ANY DEVICE(S), FOR THE AVOIDANCE OF DOUBT, INCLUDING REMOVING OR DISABLING SOFTWARE, FEATURES AND/OR FUNCTIONALITY.

 

D.  Limitation of Direct Damages. EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN SECTION 9, THE MAXIMUM AGGREGATE LIABILITY OF DISH FOR ANY AND ALL CLAIMS UNDER OR RELATING TO EACH: (i) MEMBERSHIP ACCOUNT INCLUDING ALL AUTHORIZED USERS THERE UNDER (IF MORE THAN 1 IS PERMITTED BY US), or (ii) YOU ONLY, IF YOU ARE NOT AN AUTHORIZED USER UNDER ANY MEMBERSHIP ACCOUNT, IS LIMITED TO AN AMOUNT EQUAL TO $100.

 

E.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT ONLY TO THE EXTENT SUCH LIMITATIONS ARE EXPRESSLY DISALLOWED UNDER THE APPLICABLE LAW(S).

 

 

 

Section 8: INDEMNIFICATION

You hereby agree to indemnify, defend and hold DISH and its parents and affiliates, each of its and their present and future media providers, device providers, business partners, service providers, licensors, contractors, subcontractors, authorized distributors, authorized subdistributors, authorized retailers, directors, members, managers, officers, agents, employees, and other Users, and each of their respective assigns, heirs, successors, and legal representatives (the “Protected Group”) harmless from, against and with respect to any and all actions, claims, disputes or demands, including reasonable attorneys’ fees and costs, that are incurred in connection with, arising out of or relating to access to or use of our Services by you or in connection with your Membership Account including any User thereof, your connection to our Services, your devices, your violation of these Terms of Use or your violation of any rights of another User.

 

 

 

Section 9: DISPUTE RESOLUTION, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

 

A.  Mandatory Binding Arbitration and Class Action Waiver.   The applicable customer agreement(s) that you have agreed to (which could include the Residential Customer Agreement, the Commercial Customer Agreement, the dishNET High Speed Internet Agreement, the dishNET Wireline High-Speed Internet Subscriber Agreement for Residential Services, and/or any other customer agreement in connection your DISH services or programming, collectively “Customer Agreement”) is incorporated by reference herein and contains additional terms and conditions regarding Dispute Resolution, Arbitration Agreements and Class Action Waiver. The Customer Agreement is available online at dish.com/legal.  You and DISH agree that any and all disputes arising out of, relating to or concerning this Agreement (including, without limitation, the Customer Agreement), your DISH service and/or any other aspect of your relationship with DISH will be resolved through mandatory and binding arbitration pursuant to the terms and conditions set forth in the applicable Customer Agreement.

 

 

 

Section 10: MISCELLANEOUS

 

A.  Any notice required or permitted to be given by DISH under these Terms of Use may be provided by any reasonable means, including by mail, by publication on the www. dish.com website, via your Membership Account for our Services (e.g., by sending an electronic message to your Membership Account), by telephone or by e-mail. If we send you notice by mail, it will be considered given the day after it is deposited in the U.S. mail, addressed to you at your physical address of record as then-currently stated in our records. If we send you notice to your personal e-mail or through your Membership Account e-mail, including notice directing you to changes published on our Website, such notice will be considered given upon sending to your e-mail address of record as then-currently stated in our records and associated with your Membership Account or upon sending to your Membership Account. If we give you notice by telephone, it will be considered given when personally delivered to you or when left as a message at your phone number of record as then-currently stated in our records. Unless otherwise specified in these Terms of Use, any notice required or permitted to be given by you under these Terms of Use must be in writing and be sent to DISH at the Notice Address, by certified mail; and will be deemed given only when such notice is received by us at the Notice Address. If your name, contact information or other account information is no longer accurate or otherwise changes, then you must promptly access and correct such information associated with your Membership Account as further described under the “Your Rights” section of our Privacy Policy.

 

B.  Entire Agreement. These Terms of Use, including those terms hyperlinked and incorporated herein, constitute the entire agreement between DISH and you regarding the subject matter hereof. If you are an existing User of any websites, products or other services provided by us or our affiliates (e.g., Sling TV programming services), then your acceptance and agreement to these Terms of Use is independent of, and without modification to, any such other agreement and will not amend, modify or otherwise affect any such relationship governed thereby. With respect to any of our Services, these Terms of Use govern your use of such Services, and supersede any prior agreements or understandings between you and DISH with respect to the subject matter hereof.

 

C.  Applicable Law. These Terms of Use, including all matters relating to their validity, construction, performance and enforcement, and any claim, complaint or dispute arising out of or related to these Terms of Use, your relationship to DISH and/or otherwise related to our Services will be governed by the laws of the State of Colorado without giving effect to its conflict of law provisions. If any provision in these Terms of Use is declared to be illegal, invalid or is otherwise in conflict with any law, then such provision will automatically be considered modified to the minimum extent necessary to make such provision legal, binding and no longer in conflict with such law, without affecting the validity of any other provisions of such Terms of Use, and any and all other provisions will remain in full force and effect to the fullest extent permitted by law.

 

D.  Choice of Forum. You agree that any action at law, in equity, under contract (including under these Terms of Use) or otherwise that is excluded from, or otherwise not subject to arbitration or small claims court must be filed, and that venue properly lies, only in the state or federal courts located in the city and county of Denver, Colorado, United States of America and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.

 

E.  You agree that DISH may assign or otherwise transfer (e.g., sell) your agreement to these Terms of Use with DISH to any third party without your prior consent. You may not assign any agreement(s) with us without first obtaining our prior written consent, which consent may be withheld, delayed or conditioned for any reason whatsoever.

 

F.  No Waiver; Remedies Cumulative. Except as otherwise expressly provided in these Terms of Use, the failure of a party to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. The rights and remedies provided under these Terms of Use to DISH in case of your default or breach of these Terms of Use are cumulative and without prejudice to any other rights and remedies that DISH or you may have at law, in equity, under contract (including under these Terms of Use) or otherwise, all of which are hereby expressly reserved.

 

G.  No Third-Party Beneficiaries; Claim Limitation. You agree that, except as otherwise expressly provided in these Terms of Use, there are no third party beneficiaries to your agreement to these Terms of Use. You agree that regardless of any law to the contrary, any claim, Dispute or cause of action by you arising out of or related to our Services pursuant to these Terms of Use must be filed within 1 year following the date on which such claim, Dispute or cause of action arose; and if not filed within such 1-year period, then you hereby irrevocably waive any and all rights to pursue such claim(s), Disputes or other cause(s) of action.

 

H.  The section titles and paragraph headings in these Terms of Use are for convenience only and have no legal or contractual effect. Any and all examples or references to “include,” “includes” or “including” set forth in these Terms of Use are by way of example only and will be interpreted as non-limiting. Any reference in these Terms of Use to the singular form of a word will include the plural form of the word, if applicable, and any reference to the plural will include the singular, if applicable. In addition, the term “days” when used in these Terms of Use, unless specified as a ‘business day’ means a calendar day. For the purposes of these Terms of Use, a ‘business day’ means a weekday (other than a Saturday or a Sunday) excluding any national (United States) holiday.

 

I.  Any provision of these Terms of Use that logically would be expected to survive the suspension, completion, expiration or earlier termination of your Membership Account, Subscription Services and/or other Services or your agreement to these Terms of Use will survive such suspension, completion, expiration or earlier termination, including any and all representations and warranties contained in these Terms of Use and any and all provisions and agreements regarding indemnification obligations, confidentiality obligations, dispute resolution, binding arbitration and class action waivers, the “Miscellaneous” provisions in this Section 10, limitations of liability and disclaimers.

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