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Give PANDIGITAL a written or electronic signature; or
Use the PANDIGITAL service, including your use of the service after changes or additions to your subscription have been made and we have notified you that
the change or addition requires your acceptance.
IF YOU DON'T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS. You can cancel, change or transfer your subscription only as allowed in Section D
of this Contract.
B.
The PANDIGITAL Service:
1. How the PANDIGITAL Service Works: The PANDIGITAL service is an over-the-air multicast service which provides various TV and other content offerings.
Since this is an over-the-air service, the quality of your signal and your ability to get the service may be affected by your location. We can't provide service
when your Device isn't in range of a transmission site used to provide the service. You must be within our coverage area to use the service and to perform
certain functions from your Device, such as initial activation of the service, deactivation, and service changes (to name a few). Even within our coverage
area, there are many factors, including network capacity, your Device type, terrain, your proximity to buildings, foliage and weather (to name a few) that
may impact availability and quality of the service. You acknowledge and accept these limitations of the PANDIGITAL service.
2. PANDIGITAL Service Changes: The content available on the PANDIGITAL service may change. We are permitted to change, rearrange, add, delete, or
cancel any content, networks, shows, content providers, program schedules, menu order, programs and channel availability and service functionality with
or without notice to you at any time. Please visit www.pandigital.net or contact our Customer Care department if you have any questions regarding the
changes that we make to your service.
3. Interrupted Service: The PANDIGITAL service may be interrupted or restricted without notice to you, including for emergency broadcasts and alerts and
blackout restrictions for sports and other programming offered as part of the PANDIGITAL service. We are not required to give any refunds or credits if
your service is interrupted or if your ability to use the service is limited based on our network’s coverage and availability. Please visit www.pandigital.net or
contact our Customer Care department if you have any questions regarding interruption of your service.
C.
Terms of the Contract and Your PANDIGITAL Service Plan:
1. Changes to Terms of the Contract: Your service is subject to our business policies, practices and procedures, which we can change without giving notice
to you. UNLESS OTHERWISE PROHIBITED BY LAW, WE RESERVE THE RIGHT TO ADD TO OR CHANGE THE TERMS AND CONDITIONS OF THIS
CONTRACT AT ANY TIME. ANY OF THESE CHANGES OR ADDITIONS WILL GO INTO EFFECT WITHIN 5 BUSINESS DAYS AFTER WE NOTIFY
YOU OF THEM. Please visit www.pandigital.net or contact our Customer Care department if you have any questions about these changes and how they
apply to your use of the service and/or your Device).
2. PANDIGITAL Service Plan Choices: When you sign up for the PANDIGITAL service and accept this Contract, you will be purchasing a PANDIGITAL
subscription package that generally sets out your PANDIGITAL subscription information and service features, including (to name a few allowances and
features) the term, duration, billing information, payment due dates, price, costs, fees, taxes and recurring charges associated with those allowances and
features. WE WILL REFER TO YOUR PANDIGITAL SUBSCRIPTION PACKAGE AND RELATED TERMS AS YOUR “PLAN”. YOUR PLAN WILL
BECOME PART OF THIS CONTRACT. If a term or condition of your Plan expressly conflicts with this Contract, the term or condition in your Plan will
govern. If at any time you change your service (for example, by accepting a promotional opportunity offered by PANDIGITAL or subscribing to a new
service offering), you'll be subject to the requirements, such as a new minimum term, associated with that change.
3. Service Included Offers: From time to time, PANDIGITAL may offer a period of service as included in the price when a Device is purchased. These kinds of
offers will only apply to certain devices and PANDIGITAL service plan subscriptions. These offers will be available for a limited time only and are valid one
time per Device. Cancellation of your subscription before the expiration of the applicable term may result in a termination fee as detailed in this Contract
and/or your Plan. Any service-included offer cannot be combined with any other offers and PANDIGITAL reserves the right to cancel or modify the offer(s)
at any time. Please check out our website at www.pandigital.net from time to time or visit one of our authorized sales locations to determine whether there
are any Service Included Offers available regarding a specific device.
D.
Your Rights to Change, Transfer or End Your Service; Termination Fees; Automatic Renewals:
Except as explicitly permitted by this Contract, you agree to maintain service with PANDIGITAL for the minimum term set forth in your Plan (keeping in mind
that periods of suspension of service or free promotions don't count towards fulfillment of your minimum term). After that, your Plan will renew automatically for
another period of the same length under the terms of this Contract unless you choose to cancel prior to such renewal or your service is cancelled, terminated
or discontinued by PANDIGITAL or if you select a different Plan. Your account will automatically be charged (or you will be billed, as applicable) at the rates in
effect at the time of renewal. You have the right to change your subscription package and Plan. How the change will affect your charges will depend on the
choices you make. PANDIGITAL may, at our option, process your renewal on a month-to month basis instead of your chosen subscription term if there are
issues on your account. AN EARLY TERMINATION FEE MAY ALSO APPLY IF YOU CHOOSE TO END YOUR SERVICE BEFORE YOUR FIRST
RENEWAL OR ANY SUBSEQUENT RENEWAL, OR IF WE TERMINATE IT EARLY FOR GOOD CAUSE. Otherwise, and except as otherwise provided in the
next sentence, all terminations by you during a monthly billing cycle become effective on the last day of that billing cycle. You'll remain responsible for all fees
and charges incurred until then and you won't be entitled to any partial–month credits or refunds (unless you terminate within the first 5 days of your monthly
billing cycle). KEEP IN MIND, HOWEVER, THAT SUBSCRIPTIONS AND FEES FOR ALL PRE-PAID, AUTOMOTIVE PRE-PAID, MONTHLY, AND CERTAIN
PROMOTIONAL SUBSCRIPTIONS ARE NONREFUNDABLE. There will be no cancellations, refunds, or credits allowed for day passes and event channel
subscriptions. Day passes and event channel subscriptions are payable in full on the date of purchase and no recurring charges will apply to you for such
passes. IN THE EVENT THAT WE ABANDON OR CEASE DISTRIBUTION OF THE SERVICE, WHETHER AS A RESULT OF LIQUIDATION,
BANKRUPTCY, OR OTHERWISE, ALL PREPAID SUBSCRIPTIONS WILL BE TREATED AS NONREFUNDABLE. Except as may be permitted by additional
device terms, each subscription to PANDIGITAL service is tied to one Device. You may have multiple Devices and multiple subscriptions. If you add additional
PANDIGITAL devices to your account, you must purchase a separate subscription for each one. You are allowed to transfer subscriptions from one Device to
another Device of the same “type”, but you may be charged a Transfer Fee. Because a subscription is tied to a Device, if your Device is lost, stolen, or
otherwise transferred to another person, you must cancel or suspend your subscription or you will remain responsible for the payment of the subscription.
E.
Charges, Fees and Taxes:
1. Charges and Fees We Set: In return for receiving the PANDIGITAL service, you agree to pay all access, usage, activation/deactivation fees and other
charges we bill you for or that the authorized user of your Device accepts. We may charge you one or more of the following fees:
Activation Fee: We may charge a one-time activation fee that is payable with your first subscription fee payment. The activation fee is currently $20.00.
Late Fee: IF WE DON'T RECEIVE PAYMENT IN FULL WHEN DUE, WE MAY, TO THE EXTENT PERMITTED BY THE LAW OF THE STATE OF THE
BILLING ADDRESS WE HAVE ON FILE FOR YOU AT THE TIME, CHARGE YOU THE LESSER OF A LATE FEE OF UP TO 1.5 PERCENT A MONTH
(18 PERCENT ANNUALLY) AND THE MAXIMUM AMOUNT PERMITTED BY LAW, OR A FLAT $5 A MONTH, WHICHEVER IS LESS, ON UNPAID
BALANCES. IF YOUR PLAN INVOLVES BILLING BY A THIRD PARTY, LATE FEES WILL BE SET BY THAT PARTY OR BY ITS TARIFFS, WHICH MAY
BE HIGHER THAN OUR LATE FEES. WE MAY ALSO CHARGE YOU FOR ANY COLLECTION AGENCY FEES AND COSTS INCURRED IN
COLLECTING FROM YOU AS PERMITTED BY RELEVANT LAW. We do not extend credit to customers and you acknowledge that any collection fee is
not an interest charge, finance charge, 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 and may be subject to legal limitations in your state.
Returned Payment Fee: If any bank or other financial institution refuses to honor any payment of yours, we may charge you a fee that is the lesser of (i)
$20.00 ($15.00 for residents of West Virginia); and (ii) the maximum amount permitted under applicable law. We do not extend credit to customers and you
acknowledge that any fee is not an interest charge, finance charge, or other such charge or payment of a similar nature and is reasonably related to the
