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Residential Customer Agreement
7. LIMITATION OF OUR LIABILITY
A. WE WILL NOT BE LIABLE FOR ANY INTERRUPTIONS IN SERVICE OR
LIABLE FOR ANY DELAY OR FAILURE TO PERFORM, IF SUCH DELAY OR
NONPERFORMANCE ARISES IN CONNECTION WITH THE TERMINATION OF
ALL OR A PORTION OF THE SERVICES, THE RELOCATION OF ALL OR A
PORTION OF THE SERVICES TO DIFFERENT SATELLITE(S), A CHANGE IN THE
FEATURES AVAILABLE WITH YOUR DISH NETWORK DBS EQUIPMENT OR
ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL
FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE
BEYOND OUR CONTROL. WE WILL NOT BE LIABLE FOR ANY DAMAGE
RESULTING FROM LOSS OF RECORDED MATERIAL OR THE PREVENTION OF
RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN
SERVICES OR EQUIPMENT. WE MAKE NO WARRANTY, EITHER EXPRESSED
OR IMPLIED, REGARDING THE DISH NETWORK DBS EQUIPMENT OR ANY
SERVICES FURNISHED TO YOU. ALL SUCH WARRANTIES ARE EXPRESSLY
EXCLUDED. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE
DBS EQUIPMENT OR RESULTING FROM OUR FURNISHING OR FAILURE TO
FURNISH ANY SERVICES OR EQUIPMENT TO YOU, OR FROM ANY FAULT,
FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED
TO YOU.
B. It is your responsibility to impose any restrictions on viewing by you, other
members of your household, or guests, and we shall have no liability to anyone due to or
based on the content of any of the Services furnished to you.
8. WARNING AGAINST PIRACY
It is a violation of several U.S. federal and state laws to receive any Services, or any
portion of such Services, without paying for them. The penalties for violating such laws
can range from imprisonment to civil damage awards of up to $110,000 per violation.
9. MISCELLANEOUS
A. Physical Address/Change of Address. When setting up your DISH Network
account, you agree to provide us with the physical street address where the Equipment will
be located. A post office box does not constitute a physical address and is not sufficient to
meet this requirement. You agree to give us prompt notice of your change of name,
mailing address, physical address where the Equipment is located or telephone number.
You may do this by notifying our Customer Service Center by telephone or in writing.
B. Notice
. If we send you notice, it will be considered given when deposited in the
U.S. Mail, addressed to you at your billing address or hand-delivered to you. Our notice to
you will also be effective if provided on your billing statement or by telephone. If you give
notice to us, it will be deemed given when received by us at the address listed on the first
page of this Agreement.
C. Applicable Law
. This Agreement, including all matters relating to its validity,
construction, performance and enforcement, shall be governed by applicable federal law,
the rules and regulations of the Federal Communications Commission, and the laws and
regulations of the state and local area where Service is provided. These terms and
conditions are subject to amendment, modification or termination if required by such
regulations or laws. If any provision in this Agreement is declared to be illegal or in
conflict with any law or regulation, that provision may be deleted or modified, without
affecting the validity of the other provisions.
D. Other
. This document contains the entire agreement between DISH Network and
you, the customer, and no salesperson, installer, customer service representative,
authorized retailer, or other similarly situated individual is authorized to change the terms
set forth herein. DISH Network may, however, change the terms and conditions of this
Agreement in the future and will notify you if that occurs. The terms of this Agreement,
which either are expressly stated to survive or by their nature would logically be expected
to survive termination, shall continue thereafter until fully performed.