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interpretation and enforcement of this provision. Nothing in this Agreement precludes you
from bringing issues to the attention of federal, state or local agencies (including, without
limitation, the Federal Communications Commission). Such agencies can, in the event that
the law allows, seek relief against us on your behalf.
B.
Dispute Defined
. The term “Dispute” means, subject to the exceptions set forth in
Section 12(K), any and all past, present or future disputes, claims or controversies between
you and DISH, whether based in contract, statute, regulation, ordinance, tort (including,
without limitation, fraud, misrepresentation, fraudulent inducement, negligence or any other
intentional tort) or any other legal or equitable theory, and includes, without limitation, the
validity, enforceability and/or scope of Section 12. The term “Dispute” is to be given the
broadest possible meaning that will be enforced and includes, without limitation, any and all
claims between you and DISH in any way arising out of, relating to or in connection with:
(i) this Agreement and your applicable Promotion Agreement(s); (ii) DISH’s services
(including, without limitation, Services); (iii) DISH’s devices or products (including, without
limitation, Equipment); (iv) billing, collection and credit reporting; (v) telephone calls, texts,
faxes and e-mails that you claim you received from DISH and/or a party acting or purporting
to act on DISH’s behalf; and/or (vi) DISH’s and/or its agents’ collection, retention and/or
disclosure of personally identifiable information. For purposes of
Section 12 only, “DISH,”
“we,” “us,” or “our” means DISH Network L.L.C., DISH Network Corporation and its past
and present direct and indirect subsidiaries, and the predecessors, successors and assigns
of all of the foregoing persons and entities, and the past or present officers, directors,
employees, partners, agents, attorneys, shareholders and legal representatives of all of the
foregoing persons and entities.
C. Informal Dispute Resolution; Notice and Opportunity to Cure
. You and DISH agree
to first try to resolve any Dispute informally. Accordingly, neither you nor DISH may start an
individual action, either through binding arbitration or in small claims court, for at least
sixty (60) calendar days after you or DISH notifies the other of a Dispute by sending a
written document titled “
dispute resolution notice
” (each, a “Dispute Resolution Notice”).
You may, but are not required to, download a form Dispute Resolution Notice at
http://www.dish.com/downloads/legal/dispute-resolution-notice.pdf. You must send your
Dispute Resolution Notice to the Legal Dispute Resolution Notice Address (i.e., DISH
Network L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040),
and we must send our Dispute Resolution Notice to your billing address then appearing in
our records. The Dispute Resolution Notice must: (i) state your name, account number and
contact information; (ii) describe the nature and basis of the Dispute; and (iii) set forth the
specific relief sought in connection with the Dispute. In the event that you and DISH do not
reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute
Resolution Notice is received, then you or DISH may commence an individual action, either
through binding arbitration or in small claims court, in accordance with Section 12.
Residential Customer Agreement, cont.
D. Arbitration Procedures
. Unless you and DISH agree otherwise in writing, the arbitration
will be governed by the then-current Consumer Arbitration Rules (collectively, the
“AAA Rules”) of the American Arbitration Association (“AAA”) excluding any rules for class
or collective actions, as modified by this Agreement, and will be administered by the AAA
and conducted before a single, neutral arbitrator. The AAA Rules are available online at
the AAA’s website (as of August 7, 2015, www.adr.org), by calling the AAA (as of August 7,
2015, 1-800-778-7879) or by submitting a written request to the Legal Dispute Resolution
Notice Address (i.e., DISH Network L.L.C., Attn: Dispute Resolution, P.O. Box 9040,
Littleton, Colorado 80120-9040). The arbitration will be held at a location in the county of
your billing address then appearing in our records unless you and we both agree to another
location or a telephonic or “desk” arbitration (i.e., an arbitration conducted solely on the
basis of written submissions by the participants). The arbitrator will be bound by the terms
and conditions of this Agreement, including, without limitation, DISH’s and your waiver of 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.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive
authority to adjudicate the merits of any Dispute. In the event that you and/or DISH elect to
submit a Dispute to arbitration pursuant to Section 12, then the party initiating arbitration
must open a case by filing with the AAA: (i) a demand for arbitration; (ii) the administrative
filing fee; and (iii) a copy of the applicable arbitration agreement (i.e.,
Section 12)—
collectively, the “Demand for Arbitration
”). The filing may be made through “
AAA WebFile,”
located on the AAA’s website (www.adr.org), or by filing the Demand for Arbitration with any
AAA office, regardless of the intended locale of any hearing.
E. The Arbitrator’s Award
. An arbitrator’s award will consist of a written statement of the
disposition of each Dispute and a concise written statement of the essential findings and
conclusions on which the award is based. The arbitrator’s decision and award are final and
binding, subject only to the limited court review permitted under the FAA, and judgment on
the award may be entered in any court of competent jurisdiction.
F. Costs of Arbitration
. In the event that you initiate arbitration and agree that you will
receive less than $75,000 in damages, then, after DISH receives notice that you have
initiated arbitration, DISH will promptly reimburse you for your payment of the filing fee and
DISH will directly pay the AAA any case management fees associated with the arbitration
and the professional fees for the arbitrator’s services. However, in the event that you initiate
an arbitration in which you seek $75,000 or more in damages, then the payment of these
fees will be governed by the AAA Rules.
Residential Customer Agreement, cont.
