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actual expense we incur due to unsatisfied payment and may be subject to legal limitations in your state.
Plan Change Fee: The Plan Change Fee is $5.00 if you select a different plan where the fee is less than or equal to the fee for your current Plan.
Transfer Fee: The Transfer Fee is $15.00 for each permitted transfer of a subscription. No transfer fee will be charged if, in the sole discretion of
PANDIGITAL, if the Device is defective.
Early Termination Fee: The Early Termination Fee is $75.00 which PANDIGITAL may prorate based on when termination occurs, unless otherwise stated
in your Plan. The Early Termination Fee applies only to the extent permitted by law. You will not be charged an Early Termination Fee if you terminate
during any Renewal Period though there may be an administrative or other fees for doing so. Promotional offers may have different Early Termination
Fees. If you buy your Device or purchase the PANDIGITAL service from an authorized agent or third–party vendor, you should check to see if they charge
a separate termination fee.
Taxes & Charges We Set: Usage charges, taxes and other fees may vary depending on where, when and how you use your Device or the PANDIGITAL
service.
We reserve the right to waive any of these fees, in whole or in part, at our discretion. If we waive any fee or any other provisions of this Contract, we will
not be deemed to have waived the fee or other contract provision for any other subscription or customer or as to any future occasion.
2. Taxes, Fees and Surcharges We Don't Set: You are responsible for, and agree to pay, all taxes, fees and surcharges set by any governmental agency or
taxing authority. We may not always give advance notice of changes to these items.
F.
Billing Statements & Account History, Bill Disputes and Payments:
1. Billing Statements & Account History: Unless you indicated at the time of purchase or subscription that you would like to receive a billing statement or your
account history, you will not receive any billing statements or account history if you pay using a credit card, charge card or debit card. Billing/account
statements or your account history can be viewed online. The statement reflects the fees and charges in effect under your Plan at the time they're incurred.
Your billing statement or account history is PANDIGITAL’s notice to you of your fees, charges and other important information including, without limitation,
payments, credits, purchases and any other charges to your account, your account balance and the payment due date. Charges may vary depending on
which Plan(s) and viewing packages you have chosen. Billing for your service and related charges may be delayed from time to time. Please visit
www.pandigital.net or contact our Customer Care department if you would like to receive more detailed account history or billing information or if you
believe there are any billing errors or otherwise have any questions related to your account history or bill. You must notify Customer Care or change your
information via your online account immediately in the event of any change in your name, billing address, service address, email address, telephone
number or credit card or other account information.
2. Bill Disputes: You can dispute your account history or bill by contacting our Customer Care department. Unless otherwise provided by law, you must still
pay any disputed charges until the dispute is resolved.
3. Payments: All payments must be made in U.S. Dollars. Payment is due in full each payment period. As a condition of your Plan, you may be obligated to
pay in advance by credit card or debit card. All amounts due must be paid by the due date to avoid any late fees and possible deactivation of the service.
We may, at our discretion, accept partial payments, which will be applied to the oldest outstanding charges on your account. If you are late in making any
payments to us, we reserve the right to suspend or terminate your service, deactivate your Device immediately and report any late payment or non-
payment to credit reporting agencies. We may require an advance deposit (or an increased deposit) from you. We'll pay interest (if required) on any
deposit at the rate the law requires. Please retain your evidence of deposit. You agree that we can apply deposits, payments or pre–payments in any order
to any amounts you owe us on any of our accounts or Plans with us. You can't use a deposit to pay any bill unless we agree in writing. We will not honor
limiting notations you make on or with your checks.
G. Your Device, Safety, and Parental Controls:
1. Your Device: Your Device is any PANDIGITAL-enabled device you use to receive the PANDIGITAL service. Whether you buy your Device from
PANDIGITAL or someone else is entirely your choice. PANDIGITAL may change the software required for your Device, applications or programming
remotely and without notice. This could affect data you've stored on the Device, the way you've programmed the Device or the way you use your Device.
PANDIGITAL shall not be liable for any damages whatsoever resulting from or arising out of the loss of data stored on your Device. We are not responsible
for the advertising, statements, practices, promises or services of sellers and manufacturers of the Devices.
2. Safety and Parental Controls: It is your responsibility to exercise discretion and observe all safety measures required by law and common sense. We
assume no responsibility for accidents resulting from or associated with the use of the PANDIGITAL service or your Device. DO NOT VIEW THE DEVICE
SCREEN WHILE DRIVING A VEHICLE OR OPERATING MACHINERY OR USE YOUR DEVICE OR THE PANDIGITAL SERVICE IN A MANNER THAT
WOULD OTHERWISE IMPAIR YOUR ABILITY TO DRIVE A VEHICLE OR OPERATE MACHINERY OR OTHERWISE ACT SAFELY. USE YOUR
DEVICE AND VIEW THE PANDIGITAL SERVICE ONLY WHEN YOU CAN SAFELY FOCUS ON WATCHING THE SCREEN. In addition, some
programming may include language and content which is not appropriate for viewing by users of all ages. It is your responsibility to impose viewing and
listening restrictions that you consider appropriate for you, your family members and guests. Some content may be inappropriate for some age groups and
we are not responsible for content that you or anyone else may find inappropriate. Some services may be blocked to users under the age of 18.
Furthermore, some packages, channels, passes, or events may contain age restrictions due to mature content and therefore be unavailable for you to
purchase. Please visit our website to review parental control options. Additional product warnings included with your Device should be followed.
H.
Our Rights to Limit or End Your Service or This Contract:
You can only use the PANDIGITAL service for personal, noncommercial uses. You agree not to resell or redistribute the PANDIGITAL service to someone
else without PANDIGITAL’s prior written permission, which we can withhold in our sole discretion. You also agree that your Device and the PANDIGITAL
service won't be used for any purpose that isn't allowed by your Plan or this Contract or for any purpose that's illegal. You agree that you won't install, deploy
or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit, copy or regenerate a transmitted
radiofrequency signal(s). WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND OR END YOUR SERVICE OR ANY CONTRACT WITH YOU FOR GOOD CAUSE,
including, but not limited to: (i) if you: (a) breach this Contract; (b) make a late payment more than once in any 12 month period or, in the case of pre-paid
subscriptions, if your credit or debit card is declined more than once during any 12 month period; (c) incur charges larger than a required deposit or billing limit
(even if we haven't yet billed the charges); (d) provide credit information we can't verify; (e) become insolvent or go bankrupt; (f) lie to us; (g) allow anyone to
tamper with your Device; or (ii) if you, any user of your Device or any authorized contact on your account: (a) threaten or commit violence against our
representatives; (b) use vulgar and/or inappropriate language toward our representatives; (c) harass our representatives; (d) interfere with our operations; (e)
"spam," or engage in other abusive activities; (f) modify your Device from its manufacturer's specifications; (g) use the Device or your service to violate or
infringe upon any rights of any kind of us or any third party, including, but not limited to, copyright, trademark, contract, defamation, right of privacy or publicity
or any other right of any person or entity; or (h) use the service in a way that adversely affects us, our network or other customers, partners, representatives,
agents or affiliates. We can also temporarily limit your service for any operational or governmental reason. WE CAN CANCEL ANY AND ALL PANDIGITAL
SERVICE OFFERINGS AT ANY TIME AND FOR ANY REASON.
I.
Disclaimers/Limitation of Liability:
1. Disclaimer of Warranties: EXCEPT AS OTHERWISE PROVIDED IN ANY SEPARATE LIMITED WARRANTY THAT MAY BE APPLICABLE TO YOUR
DEVICE, WE MAKE NO REPRESENTATIONS OR EXPRESS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, REGARDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING
YOUR SERVICE OR YOUR DEVICE. WE CAN'T PROMISE UNINTERRUPTED OR ERROR–FREE SERVICE AND DON'T AUTHORIZE ANYONE TO
MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE
