Effective as of May 15, 2012, until replaced
THIS DESCRIBES THE TERMS AND CONDITIONS OF YOUR RECEIPT OF AND PAYMENT FOR DIRECTV® SERVICE AND IS SUBJECT TO ARBITRATION (SECTION 9) AND DISCLAIMER OF WARRANTIES (SECTION 8). IF YOU DO NOT ACCEPT THESE TERMS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR ORDER OR SERVICE. IF YOU INSTEAD DECIDE TO RECEIVE OUR SERVICE, IT WILL MEAN THAT YOU ACCEPT THESE TERMS AND THEY WILL BE LEGALLY BINDING. IF YOU OBTAINED RECEIVING EQUIPMENT DURING OR AFTER MARCH 2006, THE EQUIPMENT LEASE AGREEMENT, AVAILABLE AT DIRECTV.COM, GOVERNS YOUR RECEIPT, USE, AND RETURN OF EQUIPMENT.
TO VIEW BOTH AGREEMENTS IN SPANISH, VISIT DIRECTV.COM/ACUERDO OR CALL 1-888-388-6622 TO REQUEST A PRINTED COPY. (VISITE A DIRECTV.COM/ACUERDO O LLAME AL 1-888-388-6622 PARA SOLICITAR ESTE DOCUMENTO.)
» View/Print the DIRECTV Customer Agreement in English
» View/Print the DIRECTV Customer Agreement in Spanish
You may contact us 24 hours a day, any day of the year, by sending us an e-mail at directv.com/email or by writing to:
P.O. Box 6550
Greenwood Village, CO 80155-6550
You can also call us at 1-800-531-5000 and speak your request into our Automated Phone System, e.g., for technical issues - say "technical"; for on-screen messages - say the extension or message you see on your TV screen; to pay your bill - say "pay my bill"; for programming questions - say the name of the package or service, etc. For bill inquires, call hours are 8am - 8pm (your local time) Sun - Fri and 8am - 12:30am ET on Sat.
If your bill for DIRECTV Service comes from a party other than DIRECTV, please use the contact information provided on your bill for any questions about your DIRECTV Service.
Thank you for choosing DIRECTV. DIRECTV provides digital satellite entertainment programming and services (referred to collectively as "Service') to residents of the United States. We do not provide Service to addresses outside of the United States.
1. OUR SERVICE
These are the terms on which will provide you Service:
(A) Programming Options. should subscribe to a base package in order to receive additional services as the best movie services or sports subscriptions. All programming selections have their own prices, terms, and conditions. The program information is available at DIRECTV.com.
(B) To Order Pay Per View. You can order Pay Per View services using its on-screen guide and remote control, ordering in DIRECTV.com, or calling us. A DVR recorded programs can be deleted automatically after 24 hours. If you talk to an agent to order, you can charge the maximum fee (described in Section 2). A reduced fee for Pay Per View orders placed at directv.com or through the Automated Phone System. To use your remote control to order, your receiver must be continuously connected to a land line. Your order is transmitted via the telephone line, and you may not be able to use your phone line for other purposes during the short period of transmission. Repeatedly orders and then cancels the Pay Per View Services, we may terminate your account, limit their ability to order Pay Per View services or we may charge additional fees for the Pay Per View services.
(C) Your Programming Changes. You can notify about changes you want to make to your schedule. You may be charged a fee for such changes (described in Sections 2 and 5 (b)). Some programming may be purchased in minimum blocks of one month or multiples of one month.
(D) Our Programming Changes . There are many considerations that affect the availability, cost, and quality of programming and popularity. These include, among others, programming and other costs, consumer demand, the market and shareholder expectations, and changing business conditions. Accordingly, we must reserve the unrestricted right to make, at any time, any change, reorganization, add or delete our programming packages, the selections in those packages, our prices, and any other service we offer. We will endeavor to inform you of any change that is within our control and the date on which it takes effect. In most cases this notice will be about one month in advance. If you disagree with the changes you have the right to cancel part or all of their services (see Section 5). If you cancel your Service, we may charge a fee for cancellation (described in Section 2 and 5 (b)) or other charges. Should you have credits, they will appear in your account as described in Section 5. If you do not cancel, your continued receipt of our Service will constitute acceptance of the changes.
(E) Access Card . To you has been provided conditional access card (referred to as the "Access Card") and a License Agreement governing your use of the Access Card while you are receiving our Service. Access Cards are not transferable and remain the exclusive property of DIRECTV. If we say that the original Access Card was lost, damaged, defective, or was stolen, we will replace it as long as there is no evidence of unauthorized modification and your account is current. You will be charged a replacement fee (described in Section 2). Alter or modify an access card without permission is strictly prohibited and may result in criminal or civil actions. You may not modify or introduce any device on the receiver other than an authorized access card without modifications. DIRECTV reserves the right to cancel or replace the Access Card. If asked, the card must be returned to DIRECTV. Failure to return the Access Card to DIRECTV when you cancel your Service, we may charge a fee described in Section 2. Is prohibited Requesting Access Cards by another person or for purposes other than lawful viewing of DIRECTV Service.
(F) Telephone connections. For optimal performance of your Receiving Equipment, including ordering with your remote control or receiving certain Services, each of your receivers must be directly connected to the same telephone line. If you add Service on additional TVs, you can purchase a separate subscription for each additional TV, or if all your receivers are continuously connected to the same land-based telephone line, we can "mirror" programming to your additional TVs and charge only the amount described in Section 2. You agree to provide true and accurate information about the location of your receivers. If we detect that any receiver is not regularly connected to a phone line, we can investigate and, if it is determined that the receiver is not at the location identified on your account, we may disconnect the receiver or charge you the price of a full programming subscription for receiver.
(G) Mobile Units. We provide Service to Receiving Equipment installed in mobile units such as campers, boats and other recreational vehicles. However, this Receiving Equipment is not eligible for discounts for additional TVs described in 1 (f).
(H) Private Use. We provide Service only for your personal, non commercial, entertainment, and home. The program should not be viewed in areas open to the public or in commercial establishments. You may not rebroadcast, transmit or perform the programming, charge admission for its viewing, or transmit or distribute programming currents accounts. You may not use any of our trademarks. Despite the provisions in Section 9, we or any programming provider may initiate legal proceedings against you and other responsible parties in any court of competent jurisdiction, under the rules of the Federal Communications Commission, and other applicable laws.
(I) Locks. Certain programming, including sporting events, can be locked in local reception area. Blackout restrictions are made by sports leagues and other entities that own the local broadcast rights. You can visit directv.com for more blackout information. If you alter or attempt to circumvent any of these blackouts, you may be subject to legal action.
(J) Loss of Receiving Equipment . You must notify us immediately if your receiver, remote control, or satellite dish (collectively referred to as "Receiving Equipment") is lost or stolen. If you notify us within 5 days, we will not charge for any unauthorized use. In any case, we will not charge for unauthorized use occurring after we receive your notification.Equipment received through Leasing, fees not returning the Leased Equipment shall be applied as specified in the Appendix.
(K) Transfer of Receiving Equipment. We consider you responsible, and the recipient of our programming on, any Receiving Equipment you own. You are responsible for charges incurred by use of your Receiving Equipment by others until you notify us that it has transferred. Leased Receiving Equipment can not be transferred.
(L) Restrictions on Use It is your responsibility to impose any viewing restrictions on other family members or guests, as you think appropriate. We are not responsible for the content of our programming. Please visit directv.com for information on parental controls, locks and limits, and password for your account.
(M) Change of Address. You must notify us immediately of any change in your name, home address or the address where you receive your mail or phone number.
By receiving our Service, you promise to pay us as follows:
(A) Programming. You will pay in advance, all Services ordered by you or anyone who uses your Receiving Equipment, with or without your permission, at prices established at the time until you cancel the service. The balance due must be paid in full each month. We may, at our discretion, accept partial payments, which will be applied to statements with balances more backward. No grade of "payment in full" or other annotation limit our ability to collect amounts owed to us. We may reduce its service minimum service level, at our rates in that time or cancel your service if you pay your statement on time, after the applicable grace period.
(B) Taxes. You pay all state and local taxes and other government fees and charges, if any, which will be calculated.
(C) Administrative Fees. order to control the basic charges, which apply to all customers, charge fees that arise in specific circumstances only to those customers responsible for them. This list is not exclusive, and DIRECTV reserves the right to modify these fees or charge additional fees. In each case, we will charge the lower rate or the maximum permitted by applicable law:
(1) Up to $ 100 account activation fee, upon activation of your Service account.
(2) Up to $ 300 Access Card replacement fee if lost or not devolve to their access card (a partial credit may be published to your account if the Access Card is returned later). If you ask for an immediate replacement of the Access Card, you must pay a fee for shipping and handling up to $ 16.50.
(3) Up to $ 6.00 Additional Fee Authorization TV in relation to obtain service on each additional TV connected to Receiving Equipment own as long as you meet the qualifications specified in section 1 (f) and Reception Equipment is in residence.Customers with leased RECEIVED Team do not pay this fee, but pay the price of leasing specified in the Lease Team.
(4) Up to $ 5.00 fee for Delay: If you have not received your payment by the due date of the payment in statement, we may charge an administrative late fee of (i) $ 5.00 or (ii) the maximum amount permitted under applicable law per month or partial month until the amount due is paid in full. This fee is not a charge of interest, finance charge, time price differential or other charge or similar payment. You acknowledge that this fee is reasonably related to the actual expense we incur due to late payment and may be subject to limitations established by the laws in your state.
(5) Up to $ 10.00 Fee for Service Change, if you change your Services package to a lower priced package. See also Section 5 (b).
(6) Up to $ 10.00 Phone Payment Fee, if you choose to pay your balance by phone with an agent. To avoid this fee, you can pay your bill through our Automated Phone System, or directv.com.
(7) Deposits: We may require you to provide a deposit before or after activating your service, which can be used to cover any non-payment at any time. Deposits will appear on your statement as credits, from which we will deduct our charges.Deposits will not earn interest.
(8) Up to $ 5.00 Order Assistance Fee, if you call to order the pay per view service through an agent. A fee of up to $ 1.50 may apply if you order via Automated Phone System. Rates are per movie, event or program as ordered, even if subsequently canceled. No charge if ordering at directv.com assistance.
(9) Up to $ 15.00 Cancellation Fee: If you cancel your Service or we deactivate your Service for nonpayment or for any violation on their part.
(10) Up to $ 1.75 Fee Duplicate Statement of Account, if you request a duplicate statement.
(11) Up to 2.75 Fee Fee Schedule, if you ask for a breakdown of their previous payments to your account.
(12) Up to $ 20.00 Returned Payment Fee , if the bank or other financial institution refuses to cover any payment, draft or instrument submitted for payment to your account. You agree that this fee is not an interest charge, finance charge, time price differential or other such charge or similar payment is related to the actual expense incurred due to nonpayment.
(D) Statements. We will send you a statement for each billing cycle (usually once every 30 days) unless your balance is zero or if you have a credit on your account at the end of the billing cycle. The Statements will show: (1) payments, credits, purchases and any other charges to your account (2) the amount you owe us, and (3) the payment due date. If you choose to make automatic credit card or debit card, you will not receive monthly statements unless you request that they be sent.
(E) Questions About Your Statement. If you think there is an error on your bill or need more information about it, contact us immediately. We will try to resolve any complaints you have as soon as possible.
You have a period of 60 days to contact us after recibirEstado Account. You must pay the undisputed portion lafecha before payment due to avoid late fees and possiblereducción or cancellation of the Service.
Remember, if your statement DIRECTV Service comes from other than DIRECTV, please use the contact information in your statement.
(F) Consent Regarding Credit. order to establish an account with us, you authorize us to investigate your creditworthiness (subject to Section 6), by credit reporting agencies. If you are late on any payment, also authorize us to report any late payment or nonpayment to credit reporting agencies. Because solvency is subjective, we reserve the right to require payment in advance for any Service via cashier's check, money orders, or credit cards, regardless of credit rating, a history or practice.
(G) Costs of Collection. As permitted by law, you will pay us all costs that accumulate in a reasonable way to collect amounts you owe us.
Three. CUSTOMER INFORMATION
(A) Representations. You represent that you are at least 18 years of age and reside in the United States.
(B) Contact Information. You agree to provide contact information true, accurate, current and complete information about yourself and maintain and update as soon as possible your contact information to keep it true, accurate, and complete. If you provide a cell phone number, you acknowledge and agree that we can call you on your cell phone for business purposes, including collections calls.
(C) Internet access. You are responsible for maintaining the confidentiality of the password and email address for online billing and account maintenance at directv.com, and is fully responsible for all activities that occur under your password and account. You agree to (i) keep your username and password confidential and not share it with anyone else, (ii) immediately notify DIRECTV of any unauthorized use of your password or account or any other security violation, (iii) use only your username and password to directv.com.
April. CHANGES TO THE TERMS OF THE CONTRACT
We reserve the right to change the terms and conditions on which we offer Service. If we make any changes, we will send a new copy of the Customer Agreement with the date on which it takes effect. You always have the right to cancel your Service, in whole or in part at any time, and you can do if you do not accept any of the changes in the terminus or conditions. If you cancel, you may be charged an early termination fee if you agree to a separate programming or termination fee. If it is established, shall be according to Section 5. If you choose not to cancel your Service after receiving a new Customer Agreement, your continued receipt of Service shall constitute your acceptance of the terms and conditions. If you tell us you do not accept these terms and conditions, then we may cancel your Service as provided in Section 5, and we can not offer Service to different customers with different terms, among other reasons.
(A) Term. The term of this Agreement is indefinite and Service will continue until canceled as provided in this Agreement.Unless you notify us you wish to cancel, we will automatically renew the service for which you subscribe periodically, including any monthly or annual subscription and seasonal sports subscriptions, while we continue to offer that service.
(B) The cancellation. cancel Service by notifying us. We may charge a fee as described in Section 2 and credit as described below. The day we receive your cancellation the effect. You will remain responsible for payment of all outstanding balances accrued through the date of cancellation. In addition to the fee for cancellation or change of service described in Section 2, if you cancel Service or change your Service package, we can charge an early termination fee if you agree to a separate programming with DIRECTV in connection with obtaining equipment Receiver, and has failed to maintain the required programming package for the required time period. If you cancel the Services sold only in blocks of one month or multiples of one month, we will credit you only for full months unused. For example, if you sign up in advance for one year of such Service from January to December but cancel on March 10, we will credit the subscription fees from April to December.However, we will not credit any fees for January through March. In addition, we will not credit seasonal sports subscriptions after the season starts.
(C) Our cancellation. We may cancel your Service at any time if you have not paid the amounts due on the payment due date, subject to grace periods, or lack of compliance with any other material provision of this Agreement, or abusing employees. In this case, you will remain responsible for payment of all outstanding balances accrued through the effective date, including the fee described in Section 2. In addition, we may cancel your Service if you elect not to accept any change described, as indicated in Section 4.
(D) Credit Balance. automatically We will refund any credit balance in your favor in your account after closing and received your last bill. However, not forward any refund if your credit balance is less than $ 1.00, you will need to send your refund request in writing. You lose the right to claim any credit balance in your favor in your account and your account balance will be set to zero if you do not make your request in writing for one year after closing your account.
(E) Payment Upon Cancel. You acknowledge that the information we have provided your credit card account or debit card.You understand that incur fees and charges to receive and use the Service and / or Receiving Equipment, and may incur early cancellation fees and / or fees for not returning the equipment (as specified in any lease, programming or other service you entered into in connection with obtaining Receiving Equipment). By giving us your credit card account or debit card, you authorize us to apply this method of payment, in accordance with applicable law, to satisfy any and all amounts due at the time of cancellation. Further acknowledge that you keep your account information updated credit or debit card with us and agree to notify us whenever there is a change in such information, changes in the card number or the expiration date.
June. PERSONAL DATA
July. DIRECTV DVR SERVICE AND SOFTWARE LICENSE
The DIRECTV DVR Service is a separately sold service, at our rates in effect at the time, available to customers Team receiver with DVR-enabled. The DIRECTV DVR Service gives you the ability to watch and record TV programs ("Third Party Content"). You understand that DIRECTV does not guarantee access or recording of any particular program, or the length of time any particular recorded program may remain available to be seen. You also understand that Third Party Content is copyrighted materials of third parties that provide it, is protected by copyright and other applicable laws, and may not be reproduced, published, transmitted, modified, or redistributed without permission writing is provided by third parties, except as permitted under the provisions of "fair use" of the copyright laws of the United States or foreign laws provisions comparable. You agree that DIRECTV not responsible to you or any other person using the DIRECTV DVR service in relation to any Third Party Content. DIRECTV may, at its discretion, from time to time, add or remove features of the DIRECTV DVR Service, or change the service fee for DIRECTV DVR Service.
We generally use local calls to provide DIRECTV DVR Service. You are responsible for such telephone charges and agrees to be responsible for all disputes with any telephone company related to it.
If you paid a fee "service for life," we will not charge a fee for DIRECTV DVR Service while maintaining a television programming service from DIRECTV on the same account. If you turn off your television programming service from DIRECTV and then reconnect on the same account, your DIRECTV DVR service will be reconnected and did not return to charge a fee for DIRECTV DVR Service.
The DIRECTV Receiving Equipment includes software which is owned by DIRECTV or its third party licensors. Before using the receiving equipment or activate the DIRECTV DVR service, please read the terms and conditions of use of the Software.If you do not agree to these terms you may not use the Welcome Team and can not activate the DIRECTV DVR service and promptly return the equipment Welcome to DIRECTV or your supplier. These terms also apply to any modifications, updates or supplements to the Software provided to you. Below is a summary of the terms of the software license. A full text of the terms and conditions of use of the software is located in the user manual and www.directv.com .
(A) Grant of License and Terms . DIRECTV grants you a non-exclusive, non-transferable, limited license to use the Software solely in executable code form and only integrated, incorporated, and in relation to the Reception Team. Certain third party software used in connection with the Reception Team will be made available directly to you by the same providers. DIRECTV reserves the right to modify, add, update, and otherwise modify the software by downloading software or other modification procedures, and these terms shall apply to such Software as modified, supplemented, updated and otherwise altered.
(B) Restrictions on License . You may not copy, modify or transfer the Software, or any copy, in whole or in part. May not reverse engineer, disassemble, decompile or translate the Software or otherwise attempt to derive the source code of the Software, except to the extent permitted by applicable law. The software may include some components that are covered by licenses "free software" open source software use rights and other similar license that require such components to be used, modified and distributed only under the terms of such license.
(C) Ownership of Software and Reservation of Rights . The software is licensed, not sold, to you for use only under the terms of this license agreement, DIRECTV is not transferring title or any ownership rights in the Software to you and DIRECTV and its suppliers reserve all rights not expressly granted to you. Except as mentioned above, this License Agreement does not grant you any intellectual property rights to the software.
(D) Finishing . These terms are effective until terminated. You may terminate these Terms by returning the equipment Welcome to DIRECTV or your supplier. These terms were completed automatically without notice if you do not comply with these terms or any other agreement between you and DIRECTV. Upon termination you must return the Equipment Welcome to DIRECTV or your supplier
(E) Disclaimer . THE SOFTWARE IS TO THE EXTENT PERMITTED BY LAW IS PROVIDED "AS IS". DIRECTV NOR ANY OF ITS LICENSORS EXPRESSLY MAKES OR PASSES TO ANY WARRANTY OR REPRESENTATION ON BEHALF OF DIRECTV OR ITS LICENSORS WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(F) Limitation of Liability . IN NO EVENT DIRECTV OR ITS LICENSORS BE LIABLE TO YOU WITH RESPECT TO THE SOFTWARE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING LOST PROFITS, SAVINGS, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF DIRECTV OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you.
(G) Additional Information. Licenses DIRECTV and suppliers will be third party beneficiaries of these license terms, as applicable. Certain additional conditions and information for the Software and certain third party software (including the text of licenses applicable to any free, open source and other similar software that may be included in the Software), can be found in the DIRECTV website located at www . directv.com and the GNU website located at www.gnu.org.
(H) Third Party Beneficiaries. DIRECTV and you expressly acknowledge and agree that TiVo, Inc., a Delaware corporation with its offices located at 2160 Gold Street, Alviso, CA 95002, is a third party beneficiary of this license agreement related to TiVo Software that can be found in the Receiving Equipment. These license provisions are made expressly for the benefit of TiVo and TiVo in addition to DIRECTV enforcement.
August. LIMITS ON OUR LIABILITY
(A) Service Interruptions. Our Service may be interrupted from time to time for various reasons. We are not responsible for interruptions of Service that occur due to acts of nature, power failure, or any other cause beyond our control. However, because we value our customers, according to our criteria and if you so request, we will provide a just and equitable to your account to make up for service interruptions long under our control. THIS IS YOUR ONLY REMEDY AND OUR SOLE DUTY IN SUCH CASES.
(B) Disclaimer. NOT EXPRESSLY STATED IN THIS AGREEMENT, WE MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICE OR RECEIVING EQUIPMENT WILL GIVE YOU AS WELL AS THIS. ALL SUCH WARRANTIES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON RAPE. YOU ARE RESPONSIBLE FOR LOSS OR DAMAGE OF RECEIVING EQUIPMENT.
(C) Limitation of Liability. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENTIAL LOSS OR DAMAGES RELATED TO RECEIVING EQUIPMENT OR ANY SERVICE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE. OUR TOTAL LIABILITY TO YOU OR ANY OTHER PERSON TO RECEIVE OUR SERVICE FOR DAMAGES OR LOSSES, REGARDLESS OF CAUSE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO U.S. FOR THE SERVICE YOU HAVE RECEIVED DURING THE SIX (6) MONTHS PRIOR TO SPECIFIC EVENT THAT CAUSED THE DAMAGE OR LOSS APPLICABLE. THIS ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. It is possible that your state laws give more rights than those mentioned above. You should consult.
(D) Assurance Services. You agree that this Agreement does not provide, and that the Service does not include any warranty service or any other service that might provide separately, including, without limitation, any toll or warranty.
9. CONFLICT RESOLUTION
Order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim relating to this Agreement, any addendum, or your Service (referred to as a "Claim") will be resolved as follows:
(A) Informal Resolution. first try to resolve any Claim informally. No one may start a formal proceeding (except for Claims described in Section 9 (d)) at least 60 days after one of us notifies the other of a Claim in writing. You will send your notice to the address on the first page of this Agreement, and we will send our notice to your billing address.
(B) Formal Resolution. Except as provided in Section 9 (d), if we can not resolve a Claim informally, any Claim either of us asserts will be resolved only by binding arbitration. The arbitration shall be conducted under the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the "JAMS Rules") and under the rules set forth in this Agreement.The rules in this agreement will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY UNJUICIO. In arbitration you can seek any and all remedies available under the law of your state. If you decide to initiate arbitration, you agree to tell us in writing the amount you are willing to pay to initiate a lawsuit against us in the appropriate court in your state. Unless we agree to pay your fee, you only need to pay an arbitration initiation fee equal to the demand initiation fee, not to exceed $ 125, we agree to pay any additional fee or deposit required by JAMS to initiate arbitration. Also agree to pay the cost of the arbitration proceeding. Other fees, such as attorney's fees and travel expenses for the arbitration shall be paid in accordance with JAMS Rules. The arbitration will be conducted in a location in your hometown area unless you and we agree to another location or telephonic arbitration. To start arbitration, you or we must do the following:
(1) Write a Demand for Arbitration. The application must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of the Request for Arbitration in www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate fee to submit the application to:
500 N. State College Blvd, Suite 600
Orange, CA 92868
(3) Send a copy of the demand for arbitration to the other party.
(C) Special Rules. (i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does. Otherwise, the arbitrator's decision is final and binding on all parties and compliance of both parties may be required by any federal or state court having jurisdiction. (Ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a member of a class action or in a private attorney general capacity. You and we agree that the JAMS to proceed with a class action does not apply to our arbitration. However, if our state law does not allow the prohibition of class action, then this Section 9 is unenforceable.
(D) Exceptions . Notwithstanding the foregoing: (i) any Claim based on Section 1 (i) above, and (ii) any dispute involving a violation of the Communications Act of 1934, 47 USC § 605, the Copyright Act Digital Millennium, 17 USC § 1201, the Privacy Act Electronic Communications, 18 USC § § 2510-2521, or any other law governing theft of service, can only be decided by a court of competent jurisdiction.
(A) Notice. Notices to you will be deemed given when delivered in person, to be deposited in the U.S. Mail and sent to you at the most recent address we have (which may include with your statement), or sent via internet to the email address provided, or they are sent via satellite to your receiver, or delivered when one voicemail phone number in your account. The notices to us will be deemed given when we receive them at the address or phone number indicated on the first page of this Agreement.
(B) Applicable Law. 's interpretation and enforcement of this Agreement shall be governed by the rules of the Federal Communications Commission, other applicable federal and state laws and city where Service is provided to you. This Agreement is subject to modification by such laws if required. Despite this, Section 9 shall be governed by the Federal Arbitration Act.
(C) Assignment of Account. We may assign your account or this Agreement and all rights and / or obligations hereunder to any third party without notice for any purpose, including without limitation, for lack of payment collection in the event of an acquisition, corporate reorganization, merger or sale of all assets to another entity. You hereby consent to such assignment.You must continue making all required payments according to your statement, unless notified otherwise.
(D) Other. This Agreement and any lease, activation, programming or other service commitment agreement made in connection with obtaining Receiving Equipment constitute our entire agreement. No salesperson or other representative is authorized to change this agreement. If any provision is declared invalid by a competent authority, that provision will be removed or modified as necessary, and the remainder of the Agreement will remain enforceable. The terms of this Agreement which expressly or by their nature survive termination shall continue thereafter until fully performed.
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