20
21
Residential Customer Agreement, cont.
B. ALTERATIONS TO EQUIPMENT
. NONE OF THE RELEASED PARTIES WILL
BE LIABLE FOR ANY ALTERATION TO ANY EQUIPMENT, INCLUDING, WITHOUT
LIMITATION, REMOVING OR DISABLING SOFTWARE, APPLICATIONS, FEATURES
AND/OR FUNCTIONALITIES.
C. LOSS OF RECORDED MATERIAL
. NONE OF THE RELEASED PARTIES WILL BE
LIABLE FOR ANY DAMAGE RESULTING FROM LOSS OF RECORDED MATERIAL OR
THE FAILURE OF RECORDING, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR
FAILURE OF RECORDING DUE TO ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN
SERVICES OR EQUIPMENT.
D. NO WARRANTIES
. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY
BY APPLICABLE STATE LAW, NONE OF THE RELEASED PARTIES MAKES ANY
WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING YOUR DISH EQUIPMENT
OR ANY OTHER EQUIPMENT OR ANY SERVICES FURNISHED TO YOU. ALL SUCH
WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY
EXPRESSLY DISCLAIMED AND EXCLUDED.
E. CONTENT RESTRICTIONS
. IT IS YOUR RESPONSIBILITY TO IMPOSE ANY
PROGRAMMING, INTERNET AND OTHER CONTENT RESTRICTIONS (INCLUDING,
WITHOUT LIMITATION, PARENTAL CONTROLS) ON YOURSELF, MEMBERS OF
YOUR FAMILY AND HOUSEHOLD AND GUESTS, AS YOU DEEM APPROPRIATE.
NONE OF THE RELEASED PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER
TO ANYONE ARISING OUT OF, RELATING TO OR IN CONNECTION WITH, ANY
CONTENT (INCLUDING, WITHOUT LIMITATION, ANY INACCURACIES, ERRORS IN
OR OMISSIONS FROM SUCH CONTENT): (i) CONTAINED IN ANY OF THE SERVICES
FURNISHED TO YOU; OR (ii) ACCESSED USING THE SERVICES OR EQUIPMENT
FURNISHED TO YOU.
F. DAMAGES LIMITATION
. IN THE EVENT THAT ANY OF THE RELEASED PARTIES
ARE DETERMINED TO BE LIABLE TO YOU, THEN THE RELEASED PARTIES WILL
BE LIABLE TO YOU ONLY FOR YOUR DIRECT DAMAGES. AND IN NO EVENT WILL
THE RELEASED PARTIES BE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE
PRICES, FEES AND CHARGES PAID BY YOU TO THE RELEASED PARTIES. NONE
OF THE RELEASED PARTIES SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES.
Residential Customer Agreement, cont.
11. PIRACY AND INFRINGEMENT
A. Piracy
. Receiving all or any portion of the Services without paying for them and/or any
direct or indirect act or attempted act to engage or assist in any unauthorized interception or
reception of all or any portion of the Services is a violation of various U.S. federal and state
laws and of this Agreement. The penalties for violating such laws can include imprisonment
and civil damage awards of up to $110,000 per violation.
B. Infringement
. Section 605(e)(4) of Title 47 of the United States Code makes it a federal
crime to modify Equipment to receive encrypted (scrambled) television programming without
payment for required subscriptions. Conviction can result in a fine of up to $500,000,
imprisonment for five (5) years or both. Any person who procures Equipment that has been
so modified is an accessory to that offense and may be punished in the same manner.
Investigative authority for violations lies with the Federal Bureau of Investigation.
The Equipment may incorporate copyright protection technology that is protected by U.S.
patents and other intellectual property rights. Reverse engineering and/or disassembly
is prohibited.
12. DISPUTE RESOLUTION, MANDATORY AND BINDING ARBITRATION
AND CLASS ACTION WAIVER
A. Mandatory and Binding Arbitration
. In the event that you or we have a Dispute
(as defined below) that cannot be resolved through informal dispute resolution pursuant
to Section 12(C), then you and we agree (unless you opt out of Section 12 in accordance
with Section 12(H)) to resolve such Dispute in an individual action, either through binding
arbitration or in small claims court, instead of in courts of general jurisdiction.
You acknowledge and agree that, in the event that you or DISH commences an individual
action in small claims court in accordance with Section 12 and it is determined that the
applicable small claims court cannot adjudicate such individual action (e.g., such small
claims court lacks jurisdiction over such individual action), then such Dispute may only
be resolved through an arbitration proceeding pursuant to Section 12. Arbitration is more
informal than a lawsuit in court. Arbitration means that you will have a fair hearing before
a neutral arbitrator rather than before a judge or jury in a court. Arbitrators can award the
same damages that a court can award. Proceeding in arbitration may result in limited
discovery and is subject to limited review by courts. Arbitration means that you waive your
right to a trial by a jury or a trial by a judge (other than in small claims court). Any arbitration
under this Agreement will take place on an individual basis; class arbitrations and class or
representative claims are not permitted. BY ENTERING INTO THIS AGREEMENT, YOU
AND DISH ARE EACH AGREEING TO WAIVE THE RIGHT TO A TRIAL BY JURY OR A
TRIAL BY A JUDGE (OTHER THAN IN SMALL CLAIMS COURT) AND THE RIGHT TO
PARTICIPATE IN A CLASS ACTION OR TO BRING A CLAIM IN A REPRESENTATIVE
CAPACITY. You and DISH also each agree that this Agreement evidences a transaction
in interstate commerce and, thus, that the Federal Arbitration Act (the “FAA”) governs the
