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DIRECTV CUSTOMER AGREEMENT
CUSTOMER AGREEMENT
Effective as of October 1, 2004, until replaced
THIS
DOCUMENT DESCRIBES THE TERMS AND CONDITIONS
REGARDING YOUR RECEIPT AND PAYMENT OF DIRECTV
SERVICE. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE
NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR
SERVICE. IF YOU INSTEAD DECIDE TO RECEIVE OUR
SERVICE, IT WILL MEAN THAT YOU ACCEPT THESE TERMS
AND, ACCORDINGLY, THEY WILL BE LEGALLY BINDING ON
YOU.
Thank you for choosing DIRECTV. DIRECTV provides
digital satellite entertainment programming
(referred to collectively as "Service") to residents
of the
United States.
We do not provide Service to addresses outside of
the United States. This is your copy of the Customer
Agreement between DIRECTV and you as a customer of
DIRECTV. Please keep it for your records.
CUSTOMER
AGREEMENT
1. OUR
SERVICE
These are the terms on which we will provide you
Service:
(a) Program
Choices. We offer a variety of
programming packages, sports subscriptions and pay
per view programming available on special order. You
must subscribe to a base package in order to receive
additional Services such as premium movie services
or sports subscriptions. All programming selections
have their own rates, terms, and conditions.
Information about programming is available on our
Web site at DIRECTV.com. Some Service is available
only if you purchase and maintain a minimum level of
programming or have your receiver(s) continuously
connected to a land-based telephone line.
(b)
Ordering Pay Per View. You may order
pay per view Service by using your on-screen program
guide and remote control unit, online at DIRECTV.com
or by calling us. If you call to order or order
online, a fee may apply (described in Section 2). To
use your remote control to order, your receiver must
be continuously connected to a land-based telephone
line. Your order is transmitted via the telephone
line, and during the short transmission period, you
may not be able to use the line for other purposes.
Frequent or recurring cancellation of previously
ordered pay per view Services may result in
cancellation of your account, restrictions on your
ability to order pay per view Services, or
imposition of additional fees for pay per view
Services ordered before cancellation.
(c) Your
Programming Changes. You may change
your programming selection by notifying us. A fee
may apply to such changes (described in Sections 2 &
5(b)). Some programming may be purchased in minimum
blocks of one month or multiples of one month.
(d) Our
Programming Changes. Many different
and changing considerations affect the availability,
cost and quality of programming and customer demand
for it. Accordingly, we must reserve the
unrestricted right to change, re-arrange, add or
delete our programming packages, the selections in
those packages, our prices, and any other Service we
offer, at any time. We will endeavor to notify you
of any change that is within our reasonable control
and its effective date. In most cases, this notice
will be about one month in advance. You always have
the right to cancel your Service, in whole or in
part, if you do not accept the change (see Section
5). If you cancel your Service, a deactivation fee
(described in Sections 2 and 5(b)) may apply.
Credits, if any, to your account will be posted as
described in Section 5. If you do not cancel, your
continued receipt of our Service will constitute
acceptance.
(e) Access
Card. You have received a
conditional access card (referred to as the "Access
Card") that is inserted into your receiver and a
License Agreement governing your use of the Access
Card while you are receiving our Service. Access
Cards are nontransferable and will at all times
remain the exclusive property of DIRECTV. If you
tell us that the original Access Card was lost,
damaged, defective or stolen, we will replace it, as
long as there is no evidence of unauthorized
tampering with or modification of the Access Card
and your account is in good standing. A replacement
fee may apply (described in Section 2). Tampering
with or other unauthorized modification of the
Access Card is strictly prohibited and may result in
criminal or civil action. Tampering with or
inserting any device into your receiver unit other
than an authorized unmodified Access Card is
prohibited. DIRECTV reserves the right to cancel or
replace the Access Card, and the card must be
returned to DIRECTV upon request. If you do not
return the Access Card to DIRECTV when you cancel
your Service, you may be charged a fee as described
in Section 2. Requesting Access Cards on behalf of
other persons or for purposes other than lawful
viewing of DIRECTV Services is prohibited.
(f)
Additional TVs. If you add separate
Service on additional TVs, you may purchase a
separate subscription for each TV. Or, if all your
receivers are continuously connected to the same
land-based phone line, we can "mirror" the
programming to your additional TVs and charge you
only the fee amount described in Section 2. Pay per
view programming cannot be mirrored and can be
viewed only on the TV for which it is purchased. You
agree to provide true and accurate information about
the location of your receivers.
(g) Phone
Connections. Your receiver units
must always be directly connected to a land-based
telephone line to receive certain Service, such as
sports subscriptions and your local regional sports
network, and to be authorized to order pay per view
Services with your remote control. If it is not so
connected, or if it is connected to a line other
than the one you tell us, or if the line is not
performing according to our requirements, we may
deactivate the applicable Service. If we do, you
will still be responsible for all Services purchased
through the date of deactivation. Your receiver
units must also be connected to the same land-based
telephone line in order to be eligible to pay the
additional TV fee (see 1(f)) rather than purchase a
separate subscription for each additional TV.
(h) Mobile
Units. We provide Service to
Receiving Equipment that is installed in mobile
units such as campers, boats and other recreational
vehicles. However, without a permanent land-based
phone connection, this Receiving Equipment is not
eligible for the additional TV authorization
discount described in 1(f), pay per view ordering
with the remote control, or certain programming such
as seasonal sports subscriptions and local regional
sports networks.
(i) Private
Viewing. We provide Service only for
your private non-commercial use, enjoyment, and home
viewing. The programming may not be viewed in areas
open to the public or received by commercial
establishments. You may not rebroadcast, transmit,
or perform the programming, charge admission for its
viewing, or transmit or distribute running accounts
of it. You may not use any of our trademarks for any
purpose. Notwithstanding the provisions of Section
9, we or any programming provider may prosecute
violations of the foregoing against you and other
responsible parties in any court of competent
jurisdiction, under the rules and regulations of the
Federal Communications Commission, and other
applicable laws.
(j)
Blackouts. Certain programming we
transmit, including some subscription Services,
sports events and broadcast network Services, may be
blacked out in your local reception area. Blackout
restrictions are decided by the sports leagues and
the other entities that own the local broadcast
rights. You may visit our Web site for more blackout
information. If you circumvent or attempt to
circumvent any of these blackouts, you may be
subject to legal action.
(k) Loss of
Receiving Equipment. You should
notify us immediately if your receiver unit, remote
control unit and receiving antenna dish (referred to
collectively as "Receiving Equipment") is stolen or
removed from your premises without your
authorization. If you notify us within 5 days after
such removal, we will not charge you for any
unauthorized use. In any case, we will not charge
you for unauthorized use occurring after we receive
your notification.
(l)
Transfer of Receiving Equipment. You
should also notify us immediately if you sell or
transfer your Receiving Equipment to someone else.
We consider you the owner of the Receiving Equipment
and the recipient of our programming unless and
until you notify us otherwise. You may be liable for
charges incurred in the use of your Receiving
Equipment by others until you have notified us.
(m) Your
Viewing Restrictions. It is your
responsibility to impose any viewing restrictions on
other family members or guests, as you think
appropriate. We are not responsible to you or anyone
else based on the content of our programming.
(n) Change
of Address. You must notify us
immediately of any change in your name, mailing
address, residence address or telephone number.
2. PAYMENT
In return for receiving our Service, you promise to
pay us as follows:
(a)
Programming. You will pay in
advance, at our rates in effect at the time, for all
Service ordered by you or anyone who uses your
Receiving Equipment, with or without your
permission, through all periods until the Service is
canceled. The outstanding balance is due in full
each month. We may, in our discretion, accept
partial payments, which will be applied to the
oldest outstanding statement. No "payment in full"
notation or other restrictive endorsement written on
your payments will restrict our ability to collect
all amounts owing to us. We may deactivate your
Service if you do not pay your statements on time,
after any applicable grace period. If you purchased
an annual subscription to any Service and your
account is past due, we may convert your
subscription to a monthly subscription. If so, we
will prorate your subscription and amounts owed to
us and will apply your pre-payments to past due
amounts and any remaining credit to future
obligations.
(b) Taxes.
You will pay all taxes or other governmental fees
and charges, if any, which are assessed.
(c)
Administrative Fees. In order to
control the basic charges, which apply to all
customers, we 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. Accordingly, you will pay the
following fees when they are applicable:
(1) Account Activation Fee: We may charge you
a fee the lesser of: (i)
up to $50.00;
and (ii) the maximum amount permitted under
applicable law prior to or upon activation of your
Service account.
(2) Access Card Replacement Fee: If you do
not return the Access Card when requested to do so,
or if we have to replace the Access Card, we may
charge you a replacement fee of up to
$300.00.
If you return the old Access Card to us, you may
receive partial credit to your account. If you
request overnight delivery of the replacement Access
Card, you must pay a shipping and handling fee of
up to
$16.50.
(3) Additional TV Authorization Fee: If you
meet the qualifications described in Section 1(f),
we may charge you a monthly fee of
up to $4.99
for separate Services on each additional TV, rather
than a full subscription fee for Services on each
additional TV. This reduced rate is available only
if all receivers are located at your residence and
are continuously connected to the same land-based
telephone line. If not, you will be responsible for
the full amount of our programming charges for each
TV.
(4) Administrative Late Fee:
If we do not
receive your payment by the due date appearing on
your bill, we may charge you an administrative late
fee of the lesser of (i) up to $5.00 and (ii) the
maximum amount permitted under and subject to
applicable law per month or partial month until the
delinquent amount is paid in full.
This late fee is not an interest charge, finance
charge, time price differential or other such charge
or payment of a similar nature. You acknowledge that
this fee is reasonably related to the actual expense
we incur due to late payment and may be subject to
limitations set forth by law in your state.
(5) Change of Service Fee: Change of Service
Fee: If you change your Service package to a
lower-priced package, we may charge you a fee the
lesser of (i)
up to $5.00
and (ii) the maximum amount permitted under
applicable law.
(6) Check by Phone Fee: If you elect to pay
any outstanding balance over the telephone using
your checking account, we may charge you the lesser
of (i) up
to $5.00; and (ii) the maximum
amount permitted under applicable law.
(7) Deposits: We may require that you provide
a deposit prior to or upon the activation or
reactivation of your Service, which we may apply
against any unpaid amounts at any time. Deposits
will appear on your bills as credits, from which we
will deduct our charges. Deposits will not earn
interest.
(8) Order Assistance Fee: If you order a pay
per view Service by calling us or ordering on line,
we may charge you a fee of
up to $5.00
for each separate movie, event or other program so
ordered, even if it is later canceled.
(9) Deactivation Fee: If you cancel your
Service or we deactivate your Service because of
your failure to pay or for some other breach on your
part, we may charge you a fee the lesser of (i)
up to
$15.00; and (ii) the maximum amount
permitted under applicable law.
(10) Duplicate Statement Fee: If you request
a duplicate statement, we may charge you a fee the
lesser of (i)
up to $1.75;
and (ii) the maximum amount permitted under
applicable law for each statement copy.
(11) Ledger Request Fee: If you request a
payment ledger itemizing past payments on your
account, we may charge you a fee the lesser of (i)
up to $2.75;
and (ii) the maximum amount permitted under
applicable law.
(12) Returned Payment Fee: If any bank or
other financial institution refuses to honor any
payment, draft or instrument submitted for payment
to your account, we may charge you a collection fee
the lesser of (i)
up to $20.00
($15.00
for residents of West Virginia); and (ii) the
maximum amount permitted under applicable law. You
acknowledge that this fee is not an interest charge,
finance charge, time price differential or other
such charge or payment of a similar nature and it is
reasonably related to the actual expense we incur
due to unsatisfied payment.
(d) Billing
Statements. We will send you a
statement for each billing cycle (usually once every
30 days) unless you have a zero or nominal balance
due, or a nominal credit balance, on your account at
the end of a billing cycle. 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 elect to make
automatic credit or debit card payments, you will
not receive monthly statements unless you request
that they be sent.
(e)
Questions About Your Statement. If
you think your statement is incorrect or if you need
more information about it, contact us. We will
respond to you and try to resolve any complaints you
have as promptly as we can. If you write to us,
please include the following information:
-
your name and account number;
-
the dollar amount in question;
-
an explanation of why you believe there is an
error;
-
any suggestions you may have for solving the
problem.
-
If you need more information about an item,
describe the item
-
and what information you need.
If you have questions, call or write us as soon as
possible. Please do not include correspondence with
your payment; use the address on the first page of
this agreement. In order for us to investigate the
problem, you must contact us within 60 days of the
date you receive the statement in question.
Undisputed portions
of the statement must be paid by the due date to
avoid a late fee and possible deactivation of
Service.
Remember, if your bill for DIRECTV Service comes
from a third party (such as a member or affiliate of
the NRTC), please use the contact information
provided on your bill for any questions about your
DIRECTV statement.
(f)
Consents Regarding Credit. In order
to establish an account with us, you authorize us to
inquire into your creditworthiness (subject to
Section 6), by checking with credit reporting
agencies. If you are delinquent in any payment to
us, you also authorize us to report any late payment
or nonpayment to credit reporting agencies. Due to
the subjective nature of creditworthiness, we
reserve the right to require pre-payment for any
Service via cashier's check, money order, or credit
card, regardless of some objective credit rating or
any past practice.
(g)
Collection Costs. To the extent
permitted by law, you will pay us any costs we
reasonably incur to collect amounts you owe us,
including, without limitation, reasonable attorney's
fees.
3. CUSTOMER
INFORMATION
(a)
Representations. You represent that
you are at least 18 years of age and a resident of
the United States.
(b) Contact
Information. You agree to provide
true, accurate, current and complete contact
information about yourself, and maintain and
promptly update your contact information to keep it
true, accurate, and complete.
(c) Online
Access. You are responsible for
maintaining the confidentiality of the password and
account unsername used for online billing services
and account maintenance at DIRECTV.com, and are
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 them with anyone else; (ii) immediately notify
DIRECTV of any unauthorized use of your password and
account or other breach of security, and (iii) use
only your username and password to log into
DIRECTV.com.
4. CHANGES
IN CONTRACT TERMS
We reserve the right to change the terms and
conditions on which we offer Service. If we make any
such changes, we will send you a copy of your new
Customer Agreement containing its effective date.
You always have the right to cancel your Service, in
whole or in part at any time, and you may do so if
you do not accept any such changed terms or
conditions. If you do cancel, you may be charged a
deactivation fee and issued a credit in accordance
with Section 5. If you elect not to cancel your
Service after receiving a new Customer Agreement,
your continued receipt of Service from us will
constitute acceptance of the changed terms and
conditions. If you notify us that you do not accept
such terms and conditions, then we may cancel your
Service as provided in Section 5, as we cannot offer
Service to different customers on different terms.
5.
CANCELLATION
(a) Term.
The term of this Agreement is indefinite and Service
will continue until canceled as provided herein. WE
WILL AUTOMATICALLY RENEW SERVICE THAT YOU SUBSCRIBE
TO ON A PERIODIC BASIS, INCLUDING MONTHLY AND ANNUAL
SUBSCRIPTIONS AND SEASONAL SPORTS SUBSCRIPTIONS, AS
LONG AS WE CONTINUE TO CARRY THE SERVICE, UNLESS YOU
NOTIFY US THAT YOU WISH TO CANCEL IT.
(b) Your
Cancellation. You may cancel Service
by notifying us. You may be charged a deactivation
fee as described in Section 2 and issued a credit as
described below. Your notice is effective on the day
we receive it. You will still be responsible for
payment of all outstanding balances accrued through
that effective date. In addition to any deactivation
or change of service fees provided in Section 2, if
you cancel Service or change your Service package,
you may be subject to a prorated fee of up to $150
if you have entered into a separate annual
programming commitment with DIRECTV, and have failed
to maintain the required programming package for the
required period of time. For Services sold only in
blocks of one month or multiples of one month, if
you cancel such Service, we will credit you only for
full months not used. For example, if you subscribe
for a year of such Service for January through
December and then cancel on March 10, we will credit
you for the subscription fees for April through
December. However, we will not credit any fees for
January through March. Additionally, we will not
credit prepaid seasonal sports subscriptions after
the season starts.
(c) Our
Cancellation. We may cancel your
Service at any time if you fail to pay amounts owing
to us when due, subject to any grace periods, or
breach any other material provision of this
Agreement. In such case, you will still be
responsible for payment of all outstanding balances
accrued through that effective date, including the
deactivation fee described in Section 2. In
addition, we may cancel your Service if you elect
not to accept any changed terms described to you, as
provided in Section 4.
6. PERSONAL
DATA
We collect personally identifiable information about
our customers ("Personal Data"). The use and
disclosure of this Personal Data is governed by our
Privacy Policy and, to the extent not inconsistent
with the Privacy Policy, by this Agreement. A copy
of our Privacy Policy is available on our Web site.
7. DIRECTV®
DVR SERVICE
DIRECTV DVR Service gives you the ability to see and
record televised programs ("Third Party Content").
You understand that DIRECTV does not guarantee the
access to or recording of any particular program, or
the length of time any particular recorded program
may remain available for your viewing. You also
understand that Third Party Content is the
copyrighted material of the third party that
supplies it, is protected by copyright and other
applicable laws, and may not be reproduced,
published, broadcast, rewritten, or redistributed
without the written permission of the third party
that supplied it, except to the extent allowed under
the "fair use" provisions of the U.S. copyright laws
or comparable provisions of foreign laws. You agree
that DIRECTV will have no liability to you, or
anyone else who uses your DIRECTV DVR Service, with
regard to any Third Party Content. DIRECTV may, at
its discretion, from time to time change, add or
remove features of the DIRECTV DVR Service, or
change the service fee for DIRECTV DVR Service.
We generally use local telephone calls to provide
the DIRECTV DVR Service. You are responsible for
such telephone charges and acknowledge and agree
that you shall be solely responsible for all
disputes with any telephone company related to the
same.
If you paid a "lifetime service fee," you will not
be charged a fee for your DIRECTV DVR Service as
long as you maintain television programming service
from DIRECTV on the same account. If you disconnect
your DIRECTV television programming service and
later reconnect on the same account, your DIRECTV
DVR service will be reconnected and you will not be
charged a fee for DIRECTV DVR Service.
By receiving the DIRECTV DVR Service, you agree to
the following license. The term "Software" shall
include any updates, modified versions, additions
and copies of certain software for the DIRECTV DVR
Service (or your DIRECTV Digital Satellite Recorder)
that may be provided by DIRECTV from time to time.
The term "End User Documentation" shall mean the
documentation and related explanatory written
materials provided to you in connection with
licensing by you of any Software. DIRECTV grants to
you a non-exclusive license to use the Software,
provided that you agree to the following:
(a) License
Grant. You may use the Software
solely in executable code form and solely in
conjunction with the DIRECTV Digital Satellite
Recorder that you purchased.
(b)
Restrictions. You may not copy,
modify or transfer the Software, or any copy
thereof, in whole or in part. You 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 allowed
under any applicable law. Any attempt to transfer
any of the rights, duties or obligations of this
license agreement is void. You may not rent, lease,
load, resell for profit or distribute the Software,
or any part thereof.
(c)
Ownership. The Software is licensed,
not sold, to you for use only under the terms of
this license agreement, and DIRECTV and its
suppliers reserve all rights not expressly granted
to you. You shall own the media, if any, on which
Software or End User Documentation is recorded, but
DIRECTV and its suppliers retain ownership of all
copies of the Software itself.
(d)
Reservation of Rights. Except as
stated above, this license agreement does not grant
to you any intellectual property rights in the
Software.
(e) Term.
If you breach any term or condition of this license
agreement, this license agreement will terminate
immediately upon notice to you.
(f)
Warranty Disclaimer. NEITHER DIRECTV
NOR ANY OF ITS REPRESENTATIVES MAKES OR PASSES ON TO
YOU OR OTHER THIRD PARTY ANY WARRANTY OR
REPRESENTATION ON BEHALF OF DIRECTV OR ITS SUPPLIERS
(INCLUDING TIVO) WITH RESPECT TO THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(g)
Limitation of Liability. IN NO EVENT
WILL DIRECTV OR ITS SUPPLIERS BE LIABLE TO YOU WITH
RESPECT TO THE SOFTWARE FOR ANY CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING LOST
PROFITS OR LOST SAVINGS, EVEN IF DIRECTV OR ITS
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY 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.
(h)
Third-Party Beneficiary. DIRECTV and
you expressly acknowledge and agree that TiVo, Inc.,
a Delaware corporation with its principal place of
business at
2160 Gold Street,
Alviso, CA 95002, is an intended third-party
beneficiary of this license agreement to the extent
that the license agreement contains provisions that
relate to your use of the Software licensed hereby.
Such provisions are made expressly for the benefit
of TiVo and are enforceable by TiVo in addition to
DIRECTV.
8. LIMITS
ON OUR RESPONSIBILITY
(a) Service
Interruptions. Service may be
interrupted from time to time for a variety of
reasons. We are not responsible for any
interruptions of Service that occur due to acts of
God, power failure or any other cause beyond our
reasonable control. However, because we value our
customers, for an interruption of a significant
length of time that is within our reasonable
control, upon your request we will provide what we
reasonably determine to be a fair and equitable
adjustment to your account to make up for such
Service interruption.
THIS WILL BE YOUR
SOLE REMEDY AND OUR SOLE DUTY IN SUCH CASES.
(b)
Disclaimers. EXCEPT AS EXPRESSLY
PROVIDED HEREIN, WE MAKE NO WARRANTY OR
REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING
ANY SERVICE OR YOUR RECEIVING EQUIPMENT. ALL SUCH
WARRANTIES OR REPRESENTATIONS, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED.
(c)
Limitations of Liability. WE ARE NOT
RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES
RELATING TO THE RECEIVING EQUIPMENT OR ANY SERVICE,
WHETHER BASED ON NEGLIGENCE OR OTHERWISE. REGARDLESS
OF THE CAUSE, OUR TOTAL LIABILITY FOR DAMAGES OR
LOSSES TO YOU AND ANY OTHER PERSONS RECEIVING OUR
SERVICE, WILL IN NO EVENT EXCEED THE AMOUNT THAT YOU
HAVE PAID TO US FOR THE SERVICE THAT YOU RECEIVED
DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO
THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE
DAMAGE OR LOSS. THIS ALLOCATION OF RISK IS REFLECTED
IN OUR PRICES. You may have greater rights than
described above under your state's laws. You should
consult them.
(d)
Warranty Services. You agree that
this Agreement does not provide for, and the Service
does not include, any warranty services or other
services that we might provide separately,
including, without limitation, any fee-based or
other warranty programs.
9.
RESOLVING DISPUTES
In 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. We will first
try to resolve any Claim informally. Accordingly,
neither of us may start a formal proceeding (except
for Claims described in Section 9(d) below) for 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 cannot resolve a Claim
informally, any Claim either of us asserts will be
resolved only by binding arbitration. The
arbitration will 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. If
there is a conflict between JAMS Rules and the rules
set forth in this Agreement, the rules set forth in
this Agreement will govern.
ARBITRATION MEANS
THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
You may, in arbitration, seek any and all remedies
otherwise available to you pursuant to your state's
law. If you initiate the arbitration, you agree to
pay a fee of $125 or, if less and you tell us in
writing, the amount that you would pay to initiate a
lawsuit against us in the appropriate court of law
in your state. We agree to pay any additional fee or
deposit required by JAMS in excess of your filing
fee. We also agree to pay the costs of the
arbitration proceeding. Other fees, such as
attorney's fees and expenses of travel to the
arbitration will be paid in accordance with JAMS
Rules. The arbitration will be held at a location in
your hometown area unless you and we both agree to
another location. To start an arbitration, you or we
must do the following things:
(1) Write a Demand for Arbitration. The demand must
include a description of the Claim and the amount of
damages sought to be recovered. You can find a copy
of a Demand for Arbitration at jamsadr.com.
(2) Send three copies of the Demand for Arbitration,
plus the appropriate filing fee to:
JAMS
500 N. State College Blvd., Suite 600
Orange, CA 92868
(800)
352-5267
(3) Send one copy of the demand for arbitration to
the other party.
(c) Special
Rules. In the arbitration
proceeding, the arbitrator must follow applicable
law, and any award may be challenged if the
arbitrator fails to do so. Otherwise, the
arbitrator's decision is final and binding on all
parties and may be enforced in any federal or state
court that has jurisdiction. In the event JAMS
adopts, or modifies its existing, rules to provide
for Class action proceedings, you and we agree to
waive application of such rules. 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 representative
member of a class or in a private attorney general
capacity. A court may sever any portion of Section 9
that it finds to be unenforceable, except for this
waiver of and prohibition on class or representative
arbitration.
(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 U.S.C. §§ 605,
the Digital Millennium Copyright Act, 17 U.S.C. §
1201, the Electronic Communications Privacy Act, 18
U.S.C. §§ 2510-2521, or any other statement or law
governing theft of service, may be decided only by a
court of competent jurisdiction.
10.
MISCELLANEOUS
(a) Notice.
Notices to you will be deemed given when personally
delivered, addressed to you at your last known
address and deposited in the U.S. Mail (which may
include inclusion in your monthly billing
statement), sent electronically via your DIRECTV
email system, or delivered telephonically, deemed
given when a message is left at your residential
telephone number on your account. Your notices to us
will be deemed given when we receive them at the
address or telephone number set forth on the first
page of this Agreement.
(b)
Applicable Law. The interpretation
and enforcement of this Agreement shall be governed
by the rules and regulations of the Federal
Communications Commission, other applicable federal
laws, and the laws of the state and local area where
Service is provided to you. This Agreement is
subject to modification if required by such laws.
Notwithstanding the foregoing, 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, collection of unpaid amounts, or in the
event of an acquisition, corporate reorganization,
merger or sale of substantially all of the party's
assets to another entity. You hereby consent to such
assignment. You must continue making all required
payments to us in accordance with your billing
statement, unless notified otherwise.
(d) Other.
This agreement and any activation or programming
commitment agreement that you signed constitute our
entire agreement. No salesperson or other
representative is authorized to change it. If any
provision is declared by a competent authority to be
invalid, that provision will be deleted or modified
to the extent necessary, and the rest of the
Agreement will remain enforceable. The terms of this
Agreement that expressly or by their nature survive
termination shall continue thereafter until fully
performed.
THANK YOU.
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