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shall not, copy or otherwise tamper with any programming and content available on the PANDIGITAL service.
6. Survival: Except as provided for in this Section, all Sections shall survive the termination or earlier expiration of this Contract.
7. About This Contract: A waiver of any part of this Contract in one instance isn't a waiver of any part or any other instance. You can't assign this Contract or
any of your rights or duties under it. We may assign all or part of this Contract or your debts to us without notice, and you agree to make all subsequent
payments as instructed. EXCEPT AS PROVIDED IN SECTION C(1), NOTICES ARE CONSIDERED DELIVERED WHEN WE SEND THEM BY EMAIL OR
FAX TO ANY EMAIL OR FAX NUMBER YOU'VE PROVIDED TO US, OR 3 DAYS AFTER MAILING TO THE MOST CURRENT BILLING ADDRESS WE
HAVE ON FILE FOR YOU. NOTICES ARE CONSIDERED DELIVERED TO US 3 DAYS AFTER MAILING TO THE CUSTOMER CARE ADDRESS
BELOW OR ON YOUR MOST RECENT BILLING STATEMENT OR COPY OF YOUR ACCOUNT HISTORY.
8. Except as provided in Section J(3), if any part of this Contract is held invalid, that part may be severed from this Contract while the remainder of the
Contract continues in effect. This Contract and the documents to which it refers form the entire agreement between us on their subjects. You can't rely on
any other documents or statements on those subjects by any sales or service representatives, and you have no other rights with respect to service or this
Contract, except as specifically provided by law. This Contract is not for the benefit of any third party except our parents, affiliates, subsidiaries, agents,
assigns and predecessors and successors in interest. Except to the extent we've agreed otherwise in the provisions on late fees, collection costs and
arbitration, or as required by Federal law, this Contract and all disputes between us (whether or not based on this Contract) are governed by the laws of
the state of your billing address, without regard to that state’s conflict of laws principles.
L. Contact Information:
If you have a question about your service, subscription, Plan, fees, charges or bill, or if you would like to change or reactivate your Plan,
please contact the PANDIGITAL’s Customer Care from 8:00 am – 12:00 am EST on Monday - Sunday, by calling 888-99-FLOTV or by writing to PANDIGITAL
Incorporated at [email protected], Attention: Customer Care. For training or quality assurance, we may also monitor or record our calls with
you.
P r i v a c y S t a t e m e n t
In this Privacy Statement ("statement"), we, PANDIGITAL Incorporated, provide information about how we and/or those working on our behalf (collectively, “we” or
“us”) collect, use, disclose and transfer data any time you interact with us, such as when you visit www.pandigital.net and/or other web sites on which we or our
distributors post a direct link to this statement, when you purchase or use our products and services (for example, your device and the PANDIGITAL™ service), or
when you contact us for any reason.
We recognize that you may have concerns regarding the information that we obtain about you. This statement describes what data about you that we collect, what
we do with it, and what choices you can make.
Scope
This statement applies to data and information that we or our agents collect through the flotv.com web site, any other web site on which we or our distributors post
a direct link to this privacy statement, as well as through the PANDIGITAL service. This statement does not apply to any other data collection or processing,
including, without limitation, data collection practices of other web pages to which we link (but do not display a direct link to from this statement), data that we or our
affiliates collect offline or through web sites that do not display a direct link to this statement or to any personal data that we process on behalf of wireless carriers
and other data controllers in connection with the PANDIGITAL service. Occasionally, we may refer to this statement in notices and consent requests related to
requests for information or other agreements or terms and conditions; under such circumstances, this statement applies as modified in said agreements, terms and
conditions, notices or consent requests (e.g., with respect to types of data collected or purposes of collection).
Types of Data and Collection Methods
We may collect certain information when you visit our web sites or register to use our services as well as information that is made available to us solely by virtue of
our relationship with you, including, without limitation, information about the quantity, technical configuration, type, destination and amount of your use of this site or
the PANDIGITAL service. Examples include but are not limited to the following:
Use of our Products & Services We may automatically collect certain types of information or data from your device when you use our services. For example, when
you watch the PANDIGITAL service on your device or when you connect your device to the Internet, we may automatically collect information about how you use
our service including, without limitation, (i) activation, deactivation and subscription changes, (ii) date, time, duration and content viewed, (iii) how often and when
you tune in to watch the PANDIGITAL service on your device, (iv) your parental controls, (v) your “MyMedia” files, as applicable to your device, (vi) viewing of
presentation events, such as changes to screen modes and interruption due to other features, (vii) what types of media files you are storing on your device and
your total tune-in time and (viii) other site or PANDIGITAL service impacting events such as delivery failures, time zone changes and system initiated transactions.
This information may be collected when you watch the PANDIGITAL service, or it may be transmitted to our servers after-the-fact when you connect your device to
your computer or the Internet.
Use of Our Web Site When you visit our sites, we record the anonymous information your browser automatically sends to view any web site including, without
limitation, the IP address of your computer and/or Internet service provider, the date and time you access our web sites, the Internet address of web sites from
which you link to our site, the computer technology you are using (for example, the type of Internet browser or operating system you are using), and your
movements and preferences on our site.
Forms, Help Requests, and Registrations When you request information (for example, through mail forms, by interacting with our Customer Care department or on
our website) we usually collect data such as your name, email address(es), mailing address(es), telephone number(s), and certain information related to your
inquiry. When you contact us with a service or billing-related inquiry, we may collect personal information in connection with the inquiry, such as the PANDIGITAL
product you own and its serial number, address, birth date and your credit card information. Similarly, when you sign up for the PANDIGITAL service or purchase
one of our products, we may collect personal and other information, such as your contact information, the date you activate the service, and the product serial
number and date purchased. In each such instance, you will know what data we collect because you actively submit it through the applicable form.
Forums and Chat Rooms Our websites may also offer interactive services, such as chat rooms, forums and message boards. Please remember that any
information that you disclose in these areas becomes public information, and you should exercise caution when deciding to disclose personally identifiable
information in these areas.
Sweepstakes, Contests & Surveys From time to time we may provide you the opportunity to participate in sweepstakes, contests or other promotions promoted on
our website or through mail, email, Short Message Service (sms) or Multi-Media Service (mms) text messaging or in person or other campaigns, which might be
sponsored or conducted by PANDIGITAL Incorporated or by a third party. If you participate, we will request certain personally identifiable information from you.
Participation in these promotions is completely voluntary and you will have a choice whether or not to disclose this information. The requested information typically
includes contact information. Except as explained otherwise in the official rules for a particular contest, giveaway, or promotion, such as in a paragraph entitled
"Privacy Notice" or similar, any personal information you provide will be used in accordance with this provision. Some contests or promotions may be offered jointly
with another company which may have different a privacy statement; these will be indicated and you should review that third party’s privacy statement.
In addition, from time to time you may be able to participate in our surveys to help us improve the PANDIGITAL service, which may involve your voluntary
submission of personal information.
Cookies: When you visit our sites, we use technology that many other web sites employ, including, without limitation, "cookies" or small data files stored on your
computer's hard drive and your device, to identify you as you navigate around our Site and to enhance and personalize your experience. We may also work with
third-party advertising companies and affiliates that use cookies to help us or them display relevant advertising to you when you visit our site and other sites, and
