Section 7: INTELLECTUAL PROPERTY

A. Sling Property. The “Sling TV” Services, including any and all content made available in connection with your access and use of our Services, is protected by domestic and international copyright, trade secret, trademark, and other intellectual property laws. “Sling Television,” “Sling” and “Sling TV” are registered trademarks of Sling TV L.L.C., and Sling TV L.L.C. and its affiliates have patents that apply to our Services.

B. End-User License Agreement. Our Websites, Apps, and other software and technologies are developed by, or for, us and are designed to enable our provision of certain content through Permitted Devices. Our Websites, Apps, and other software and technologies may vary by Permitted Device, operating system, or other medium and the functionalities thereof may also differ among Permitted Devices. BY USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO OUR END USER LICENSE AGREEMENT (I.E., OUR EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF OUR WEBSITES, APPS, AND OTHER SOFTWARE AND TECHNOLOGIES, INCLUDING RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS SET FORTH IN OUR EULA, THEN DO NOT USE ANY OF OUR SERVICES.

C. Reporting Claims. If you have a reasonable belief that your or any other’s protected works have been reproduced or distributed in a way that constitutes copyright infringement, or are otherwise aware of any content available in connection with the Services that may be infringing, violating, or otherwise misappropriating the your rights or such other party’s rights, then please notify us immediately by sending us a written statement to the Notice Address set forth in Section 11.B. below, which written statement must set forth as much detail as is available, including, at a minimum: (i) your name; (ii) your address; (iii) your Membership Account number (if any); and (iv) a clear and detailed statement about the applicable concern of copyright infringement and/or related claim or by clicking on the “DMCA Policy” link at www.sling.com and providing us with notice of your claim and other information as instructed.

D. Warning against Piracy and Infringement. Any direct or indirect act or attempted act to engage or assist in any unauthorized interception, reception, display, or other transmission or access of any portion of our Services, is a violation of various U.S. federal and state laws and of these Terms of Use. The penalties for violating applicable laws can include imprisonment and civil damage awards of up to $110,000 per violation. Section 605(e)4 of Title 47 of the United States Code makes it a federal crime to modify your device or our Services to receive encrypted (scrambled) television programming without payment of required subscriptions (e.g., Subscription Services). Conviction can result in a fine of up to $500,000 and imprisonment for five years, or both. Any person who procures any hardware or software 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. In the event that we learn that you are using any Service in a manner that constitutes infringement of third-party intellectual property rights, including rights granted by U.S. copyright law, your Membership Account will be terminated.

 

Section 8: DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS OF USE, SLING TV (ON BEHALF OF ITSELF AND THE OTHER CONTRIBUTORS) HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF SATISFACTION, ENJOYMENT, QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SLING TV DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER OR OTHERWISE WARRANT THE PERFORMANCE OF ANY DEVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE (OR ITS OPERATING SYSTEM) WITH ANY OF OUR SERVICES, OR ANY INTERNET CONNECTION, INCLUDING ITS SPEED, BANDWIDTH, OR COMPATIBILITY WITH ANY DEVICE OR SLING TV SERVICE. FURTHERMORE, WE DO NOT MAKE ANY PROMISES ON BEHALF OF ANY THIRD PARTY, INCLUDING THE OTHER CONTRIBUTORS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON ANY PROMISES MADE BY US RELATED TO SUCH PARTIES OR THE PRODUCTS AND SERVICES PROVIDED BY THEM. The disclaimers set forth in these Terms of Use expressly apply to any terms hyperlinked and incorporated herein, including any Promotional Terms, the Privacy Policy, and the EULA, and including the software contained in our Services and your use of such software. We do not warrant that any issues, errors, or other defects or failures in or related to the software or our Services will be corrected.

B. NEITHER SLING TV NOR ANY OTHER CONTRIBUTOR MAKES ANY WARRANTY WHATSOEVER THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR REASONABLE SATISFACTION; (ii) THE SERVICE WILL ALLOW YOU TO COPY, RECORD, VIEW, SKIP, OR TRANSFER ANY PARTICULAR MEDIA, PROGRAMMING, OR PART THEREOF, OR PROVIDE OR CONTINUE TO PROVIDE ANY OTHER PARTICULAR FUNCTIONALITY; (iii) THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA-THROUGHPUT RATE, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iv) INFORMATION RELATED TO YOUR ACCOUNT OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (v) THE VARIETY, QUANTITY, OR QUALITY OF ANY MEDIA, PRODUCTS, SERVICES, ACCESSORIES, INFORMATION, OR OTHER MATERIAL RENTED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, OR ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

C. SLING TV MAY RECOMMEND CERTAIN LEVELS OF INTERNET CONNECTION FOR USE WITH CERTAIN OF OUR SERVICES; PROVIDED, HOWEVER, THAT YOU HEREBY AGREE AND UNDERSTAND THAT SLING TV WILL HAVE NO RESPONSIBILITY WHATSOEVER FOR YOUR INTERNET CONNECTIVITY AND SLING TV DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY OR PERFORMANCE OF ANY INTERNET CONNECTIVITY, INCLUDING THE SPEED, BANDWIDTH, COMPATIBILITY, SUFFICIENCY, EQUIPMENT, OR DELIVERY OF ANY INTERNET CONNECTION OR THAT ANY CERTAIN INTERNET CONNECTIVITY WILL IMPROVE OUR SERVICE(S). PLEASE BE AWARE THAT CERTAIN OF OUR SERVICES MAY REQUIRE THE USE OF ADDITIONAL DATA, AND THAT ANY INCREASED COSTS, FEES, OR OTHER AMOUNTS DUE TO BE PAID BY YOU AS A RESULT OF ANY INCREASE IN USAGE (E.G., USAGE OF DATA) IN CONNECTION WITH THE SERVICES WILL BE YOUR SOLE RESPONSIBILITY.

D. SLING TV MAY RECOMMEND OR LIST THE NAMES OF CERTAIN DEVICES PERMITTED FOR USE WITH CERTAIN OF OUR SERVICES, BUT YOU HEREBY AGREE AND UNDERSTAND THAT SLING TV DOES NOT TAKE ANY RESPONSIBILITY WHATSOEVER FOR AND SLING TV DOES NOT WARRANT THE PERFORMANCE OF ANY DEVICE OR GUARANTEE THAT SUCH DEVICE (OR THE APPLICABLE OPERATING SYSTEM OR VERSION) WILL BE (OR REMAIN) COMPATIBLE WITH ANY OF OUR SERVICES. YOU MAY ONLY USE OUR SERVICES ON PERMITTED DEVICES.

E. WE HEREBY DISCLAIM ANY, AND YOU AGREE THAT WE HAVE NO, OBLIGATION WHATSOEVER TO REPLACE OR SUPPLEMENT ANY SERVICES, PACKAGE OF SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER DISCOUNT, COMPENSATION, OR RECOMPENSE FOR ANY AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL, OR ALTERNATE SERVICES, PACKAGES OF SERVICES, AND/OR POTION OF SERVICES AS A RESULT OF ANY CHANGE.

F. ANY MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT DOWNLOADED, STREAMED, OR OTHERWISE OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEVISION, RECEIVER, DEVICE, OR OTHER HARDWARE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAMING, OR OBTAINING OF ANY SUCH MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT. NEITHER SLING TV NOR ANY OTHER CONTRIBUTOR ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, CORRUPT, OR OTHERWISE HARM ANY OF YOUR PROPERTY OR THE PROPERTY OF ANY THIRD PARTY, INCLUDING YOUR SOFTWARE, DEVICE, OR OTHER HARDWARE.

G.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SLING TV OR THE OTHER CONTRIBUTORS, OR VIA YOUR MEMBERSHIP ACCOUNT OR USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

 

Section 9: LIMITATION OF LIABILITY

A.  Indirect Damages. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER SLING TV NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (E.G., INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER INDIRECT DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF SLING TV OR ANY OF SUCH OTHER CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM, OR OTHERWISE RESULTING DIRECTLY OR INDIRECTLY FROM: (i) USE OF ANY OF OUR SERVICES; (ii) ACTIONS, OMISSIONS, AND OTHER ACTIVITY UNDER YOUR MEMBERSHIP ACCOUNT (INCLUDING USE NOT AUTHORIZED BY US); (iii) THE PERFORMANCE OR NON-PERFORMANCE OF OUR SERVICES; OR (iv) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF OUR SERVICES, EVEN IF SUCH DAMAGES RESULT FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF SLING TV OR THE OTHER CONTRIBUTORS.

B. Force Majeure. NEITHER SLING TV NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY FAILURE TO PERFORM THAT IS CAUSED BY OR OTHERWISE RESULTS FROM ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SERVER, INTERNET, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.

C. Limitation of Liability. IN ADDITION TO ANY OTHER LIMITATIONS SET FORTH IN THESE TERMS OF USE, NEITHER SLING TV NOR ANY OTHER CONTRIBUTORS, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE, AND/OR ELIMINATION IN ANY SERVICES OR FOR ANY DELAY, FOR THE AVOIDANCE OF DOUBT, INCLUDING: (i) IF SUCH ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION, OR DELAY ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF SLING TV’S ACCESS TO ALL OR ANY PORTION OF OUR SERVICES FOR ANY REASON WHATSOEVER; (ii) THE RELOCATION OF ALL OR ANY PORTION OF OUR SERVICES TO DIFFERENT SERVER(S); (iii) ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE, AND/OR ELIMINATION IN THE FEATURES AND/OR FUNCTIONALITY AVAILABLE WITH YOUR PERMITTED DEVICE(S) OR OUR SERVICES; (iv) ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US OR OUR CONTRIBUTORS; OR (v) ISSUES RESULTING FROM YOUR DEVICE OR INTERNET CONNECTION, INCLUDING, LACK OF SUFFICIENT BANDWIDTH. FURTHERMORE, NONE OF SLING TV, ITS PROVIDERS, DEVICE PROVIDERS OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR THIRD-PARTY LICENSORS WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE, AND/OR ELIMINATION OF OR TO ANY DEVICE(S), FOR THE AVOIDANCE OF DOUBT, INCLUDING REMOVING OR DISABLING SOFTWARE, FEATURES, AND/OR FUNCTIONALITY.

D.Limitation of Direct Damages. EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN SECTION 11, THE MAXIMUM AGGREGATE LIABILITY OF SLING TV FOR ANY AND ALL CLAIMS UNDER OR RELATING TO EACH: (i) MEMBERSHIP ACCOUNT INCLUDING ALL AUTHENTICATED USERS THEREUNDER (IF MORE THAN ONE IS PERMITTED BY US), or (ii) YOU ONLY, IF YOU ARE NOT AN AUTHENTICATED USER UNDER ANY MEMBERSHIP ACCOUNT, IS LIMITED TO AN AMOUNT EQUAL TO THE AGGREGATE OF THE FEES THAT WERE PAID BY YOU UNDER THESE TERMS OF USE DURING THE SIX MONTHS BEFORE THE APPLICABLE CLAIM, OR IF DURING THE FIRST SIX MONTHS OF ANY ACCESS OR USAGE TERM, THEN THE FIXED FEES TO BE PAID BY YOU UNDER SUCH TERMS OF USE DURING THE FIRST SIX MONTHS OF SUCH USAGE TERM.

E.  Applicability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT ONLY TO THE EXTENT SUCH LIMITATIONS ARE EXPRESSLY DISALLOWED UNDER THE APPLICABLE LAW(S).

 

Section 10: INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Sling TV and its parents and affiliates, each of its and their present and future media providers, device providers, business partners, service providers, licensors, contractors, subcontractors, authorized distributors, authorized subdistributors, authorized retailers, directors, members, managers, officers, agents, employees, and other Users, and each of their respective assigns, heirs, successors, and legal representatives (the “Protected Group”) harmless from, against, and with respect to any and all actions, claims, disputes or demands, including reasonable attorneys’ fees and costs, that are incurred in connection with, arising out of, or relating to access to or use of our Services by you or in connection with your Membership Account, including any User thereof, your connection to our Services, your devices, your violation of these Terms of Use, or your violation of any rights of another User.

 

Section 11: DISPUTE RESOLUTION, MANDATORY AND BINDING ARBITRATION AND CLASS ACTION WAIVER (THE "ARBITRATION PROVISION")

BEFORE WE GET STARTED, YOU SHOULD KNOW THAT AN ARBITRATION PROVISION AND CLASS ACTION WAIVER APPLIES TO THIS AGREEMENT. IF WE CAN’T WORK OUT A DISPUTE WITH YOU, THIS AGREEMENT REQUIRES ARBITRATION OR SMALL CLAIMS COURT AND DOESN’T ALLOW CLASS ACTIONS. YOU’LL HAVE TO WAIVE YOUR ABILITY TO BRING A CLASS ACTION, OR TO HAVE A TRIAL BY JURY.

A. Mandatory Binding Arbitration. If you and Sling TV have a Dispute (as defined below), Sling TV will first try to resolve it informally with you. If we can’t, then you and Sling TV agree to resolve the Dispute either through binding arbitration or in small claims court, instead of courts of general jurisdiction (i.e. courts other than small claims courts), unless the Dispute is covered by one of the few exceptions we describe below, under “Exceptions.” You acknowledge and agree that, if you or Sling TV start an action in small claims court to resolve a Dispute, but the small claims court can’t resolve the Dispute for any reason (for example, if it does not have jurisdiction over the claim), then the Dispute can only be resolved by arbitration. Arbitration means that you and Sling TV will have a hearing before a neutral arbitrator rather than before a judge or jury in a court. The arbitrator is the person who will oversee and decide the Dispute. Arbitrators can award the same remedies that a court can award. In arbitration, discovery (where you and Sling TV get to ask each other for information about a dispute) is limited, and decisions made by arbitrators are final and only subject to limited review by courts.

BY ENTERING INTO THIS AGREEMENT, YOU AND SLING TV ARE EACH AGREEING TO WAIVE THE RIGHT TO A TRIAL BY JURY OR BY A JUDGE (OTHER THAN IN SMALL CLAIMS COURT), EXCEPT WHERE PROHIBITED OR OTHERWISE PROVIDED IN THIS AGREEMENT.

You and Sling TV both agree that the Federal Arbitration Act (the “FAA”) governs this Arbitration provision. You still have the right to bring any concerns you may have to the attention of federal, state or local agencies (for example, the Federal Communications Commission) and if the law allows, those agencies can seek relief against us on your behalf.

B. Dispute Defined. When we use the term “Dispute” (with the capital D), it means any and all claims, disputes, or disagreements you and Sling TV currently have, might have in the future, or had in the past. A Dispute can be about anything related to our Services, and can involve Terms of Use, Promotional Terms, any type of law (such as a statute, regulation or ordinance), tort (examples are fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort) or anything else that courts or arbitrators have the authority to decide. Whether the Arbitration Provision is valid or enforceable, and what it covers, is one type of Dispute. “Dispute” should be interpreted as broadly as is allowed. Some other examples of what a Dispute

might be based on are:

a. The Services, the Promotional Terms, or any other agreement between you and us;

b. Sling TV products or services;

c. Billing, collection and credit reporting;

d. Telephone calls, texts, faxes and emails from Sling TV and/or a party acting or claiming to act for us; and/ore. Sling TV’s or our agents’ collection, retention and/or disclosure of your personally identifiable information.

For purposes of this Arbitration Provision, any reference to “Sling TV” includes DISH Network L.L.C., EchoStar Corporation, and any of its direct and indirect subsidiaries, past or present.

C. Informal Dispute Resolution; Notice and Opportunity to Resolve. Before starting an arbitration or small claims matter, you and Sling TV both agree to try to resolve any Dispute informally (“Informal Process”). This means that neither you nor Sling TV is allowed to start arbitration or an action in small claims court for at least sixty (60) days after you or Sling TV give notice of a Dispute to the other. Either you or Sling TV may start the Informal Process to resolve a dispute by sending the other a written document titled a “Dispute Resolution Notice.” A Dispute Resolution Notice must include the following information:

a. Your name, account number, and contact information;

b. A description of what the Dispute is about; and

c. How the party giving the Dispute Resolution Notice wants to resolve the Dispute.

You must send your Dispute Resolution Notice to: Sling TV L.L.C., Attn: Dispute Resolution, P.O. Box 9033, Littleton, Colorado 80120 (“Legal Dispute Notice Address”). We must send our Dispute Resolution Notice to the address we have for you in our records when we sent it. If you and Sling TV can’t resolve the Dispute within sixty (60) days after the Dispute Resolution Notice is received, then either you or Sling TV have the right to start binding arbitration or begin an action in small claims court, according to the procedures explained in this Arbitration Provision.

D. Arbitration Procedures. This paragraph explains how you and Sling TV participate in an arbitration to resolve a Dispute. Unless you and Sling TV agree to different procedures in writing, the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) will apply (except that any rules for class or collective actions will not apply). The AAA will run the arbitration process, and a single, neutral arbitrator will be in charge of the Dispute. The AAA Rules are available online at the AAA’s website (as of May 28, 2024, www.adr.org/rules). If you prefer, we will give you a copy of the AAA Rules if you make a written request to Sling TV L.L.C., Attn: Dispute Resolution, P.O. Box 9033, Littleton, Colorado 80120-9033. The party who decides to start arbitration must open a case by filing a “Demand for Arbitration” with the AAA. To start arbitration, the requesting party must:

1. Make a demand in writing for arbitration;

2. Pay the administrative filing fee; and

3. Give the AAA a copy of this Arbitration Provision.

This process can be completed using an “AAA WebFile” (you can find this on the AAA’s website (www.adr.org), or at any AAA office, even if the hearing will not be in that location. The arbitration will take place in the county where your billing address is located (according to our records on the date the Dispute Resolution Notice is sent). However, you and Sling TV can instead agree, or the arbitrator can order, that the arbitration will: happen at a different location; be remote, using video or telephones; or be based only on things you and Sling TV submit in writing. The arbitrator will be bound by the terms of Terms of Use and Promotional Terms, including this Arbitration Provision. The arbitrator, and not any agency or court, will make the decisions about the Dispute.

E. The Arbitrator’s Decision (aka The Arbitrator’s Award). The arbitrator’s decision will resolve each of the Disputes presented by the Demand for Arbitration (including things such as the amount one side has to pay the other, and things one side might have to do, etc.) and explain in writing his or her important findings and conclusions. The arbitrator’s decision is a final and binding resolution of the Disputes between you and us, but shall not be binding on Sling TV with regard to any other Sling TV customer. If you or Sling TV ask a court to review the decision, the court’s ability to review is limited. An Award by the arbitrator can be filed with any court with jurisdiction (which means the legal power of a court to review the Arbitrator’s decision), in order to enforce the award.

F. Costs of Arbitration. If you start the arbitration process and agree to seek less than $75,000 in damages, once Sling TV receives notice of arbitration, then we will reimburse you for the filing fee. We will also pay the AAA directly for any fees it charges for case management and for the arbitrator’s services. However, if you start arbitration and don’t agree to seek less than $75,000 from us, or if we start the arbitration process, then AAA Rules will apply to determine who pays any fees.

G. Class Action Waiver. All Disputes between you and Sling TV must be resolved on an individual basis. Except as otherwise specified herein, you and Sling TV agree that all Disputes between you and Sling TV will be litigated in small claims court individually or arbitrated individually. 

NEITHER YOU NOR SLING TV SHALL BE ENTITLED TO JOIN OR COMBINE CLAIMS MADE BY, OR AGAINST, OTHER PEOPLE OR OTHER ENTITIES, OR BRING A CLAIM AS A REPRESENTATIVE, INCLUDING BUT NOT LIMITED TO, AS PART OF A CLASS ACTION OR AS A “PRIVATE ATTORNEY GENERAL” FOR ANY DISPUTE.

Additionally, unless both you and Sling TV agree in writing:

a. the arbitrator may not combine any dispute with other claims, and

b. the arbitrator may not preside over any kind of representative or class action.

If any of this Arbitration Provision is found to be unenforceable, then, except for choice of law and informal dispute resolution provisions, this entire Arbitration Provision is null and void.

H. Small Claims. As noted above, either you or Sling TV may choose to have appropriate Disputes against each other resolved in small claims court, if the Dispute falls within the applicable small claims court’s jurisdiction and does not fall within an exception identified in this Arbitration Provision. A small claims court includes any court designated as small claims, or any similar court of limited jurisdiction in which claims are only resolved on an individual basis. Either you or Sling TV may elect to have an eligible Dispute resolved in small claims court by filing their claim in the small claims court or, after the other party has filed a claim in arbitration, by sending written notice to the other party and the AAA of this election within fifteen (15) days after receipt of notice of an arbitration, in which case the arbitration-filing party must re-file in small claims court in order to pursue the claim. In the event that there is any disagreement between you and Sling TV concerning whether the Dispute is within the jurisdiction of the small claims court, only the small claims court (and not an arbitrator or an arbitration administrator) may resolve that disagreement. If the small claims court determines that it lacks jurisdiction to hear the Dispute, then the Dispute shall be submitted to arbitration in accordance with the terms of this Arbitration Provision, unless the Dispute falls within an exception identified in this Arbitration Provision. If the small claims court determines that it has jurisdiction over part of that Dispute, then that part shall first be resolved in small claims court, and any remaining issues in the Dispute shall be resolvedthereafter in accordance with the terms of this Arbitration Provision. After receiving timely notice of an election to move a Dispute from arbitration to small claims court, the AAA shall suspend the arbitration unless and until the small claims court denies its jurisdiction altogether or completes its exercise of jurisdiction over the parts of the Dispute to which its jurisdiction extends.

I. Applicable Law. For Disputes in small claims court, the law of the state that court is located in applies. For Disputes in arbitration, the law of the state that your billing address is in (according to Sling TV’s records on the date the Dispute Resolution Notice is sent) will apply. If, for any reason, the Dispute does not go to arbitration or to a small claims court, or this Arbitration Provision is found to be invalid, then the laws of Colorado will apply to the Terms of Use and Promotional Terms and everything relating to these terms, including Sling TV’s products and Services.

J. Rights to Opt-Out. If you do not agree to this Arbitration Provision, you have 30 days after you set up an account with us or you start your Services, whichever happens first, to opt out of thisArbitration Provision. To do that, send a written notice to Sling TV, Attn: Dispute Resolution, P.O. Box 9033, Littleton, Colorado 80120-9033.

You may download and use the form Opt-Out Notice from our website. (https://www.sling.com/offer-details/disclaimers/terms-of-use/arbitration) If you decide to opt out of this Arbitration Provision, it won’t negatively affect your relationship with us or our delivery of Services. If we get a notice to opt out postmarked after the thirty-day period described above, it won’t be valid and you will be bound by this Arbitration Provision.

K. Future Changes to this Arbitration Provision; Costs. We may make changes to this Arbitration Provision in the future. If we do, unless it’s a change to the Legal Dispute Notice Address, you may reject those changes by sending a written notice to the Legal Dispute Notice Address within thirty (30) days after we inform you of the changes (or at any time if we don’t inform you of the changes). If you reject changes we make in the future, you are still required to resolve Disputes using the version of the Arbitration Provision that doesn’t include those changes. 

The thirty (30) day period for you to reject the change starts when we give you notice of the change. We will be deemed to have given you notice of changes to this Arbitration Provision as follows:

1. In the event that we send you notice by U.S. mail (including, without limitation, on a mailed bill, bill insert, notice, letter, or postcard), then it will be considered given three (3) days after it is first deposited in the U.S. mail, addressed to you at your billing address then appearing in our records;

2. In the event that we send you notice electronically (including, without limitation, via an e-mail, text message, electronic bill, social media message, or attachment), then it will be considered given at the time we first send an electronic communication containing such notice or notifying you of the availability of such notice (or the electronic bill in which it is included) to the electronic contact information (including, without limitation, e-mail address, phone number, or social media (e.g., Facebook, Twitter) identifier) then appearing in our records; and

3. In the event that we send you notice via broadcast on a television channel, or on your Sling TV app (including, without limitation, through pop-up messages) or through publication on sling.com or other website, then it will be considered given when first broadcast, sent, or published.

L. Expenses Outside of Arbitration. If either you or Sling TV start a case with a court of general jurisdiction, that case involves a Dispute that was supposed to go to arbitration under this Arbitration Provision, and the sued party successfully gets the Dispute sent to arbitration, then the party that started the case must pay the sued party’s reasonable attorneys’ fees, expenses, and court costs related to moving the case to arbitration.

M. Exceptions. If you are getting Services from us that you were not authorized to receive and that you didn’t pay for, whether through theft or otherwise, then that Dispute shall not be covered by this Arbitration Provision and may only be decided by a court with appropriate authority. In addition, if either you or Sling TV bring a claim that seeks “public injunctive relief” (an injunction that seeks to prevent injury to members of the public, other than just the party seeking the injunction), then that claim may only be decided by a court with appropriate authority. However, any related claim for damages based on a Dispute must still be resolved on an individual basis in arbitration or small claims court. In the case of each exception, you and Sling TV agree that the arbitrator lacks the authority to decide such claims.

 

 

Section 12: MISCELLANEOUS

A. Notice. Any notice required or permitted to be given by Sling TV under these Terms of Use may be provided by any reasonable means, including by mail, by publication on the www.sling.com website, via your Membership Account for our Services (e.g., by sending an electronic message to your Membership Account), by telephone, or by e-mail. If we send you notice by mail, it will be considered given the day after it is deposited in the U.S. mail, addressed to you at your physical address of record as then-currently stated in our records. If we send you notice to your personal e-mail or through your Membership Account e-mail, including notice directing you to changes published on our Website, such notice will be considered given upon sending to your e-mail address of record as then-currently stated in our records and associated with your Membership Account or upon sending to your Membership Account. If we give you notice by telephone, it will be considered given when personally delivered to you or when left as a message at your phone number of record as then-currently stated in our records. Unless otherwise specified in these Terms of Use, any notice required or permitted to be given by you under these Terms of Use must be in writing and be sent to Sling TV at the Notice Address, by certified mail; and will be deemed given only when such notice is received by us at the Notice Address. If your name, contact information, or other account information is no longer accurate or otherwise changes, then you must promptly access and correct such information associated with your Membership Account as further described under the “Your Rights” section of our Privacy Policy.

B. Entire Agreement. These Terms of Use, including those terms hyperlinked and incorporated herein, constitute the entire agreement between Sling TV and you regarding the subject matter hereof. If you are an existing User of any websites, products, or other services provided by our affiliates (e.g., direct broadcast satellite programming services), then your acceptance and agreement to these Terms of Use is independent of, and without modification to, any such other agreement and will not amend, modify, or otherwise affect any such relationship governed thereby. With respect to any of our Services, these Terms of Use govern your use of such Services, and supersede any prior agreements or understandings between you and Sling TV with respect to the subject matter hereof. For clarity, if you access, use, or purchase our Services from a third party or through any third-party platform (e.g., Services sold by our business partners) or use any third-party device (e.g., PC, Mac, Android, iPhone, Amazon Fire TV, Chromecast, Xbox, Roku or any combination thereof), then their terms and conditions (or other agreements agreed to by you) governing those devices will govern your use of such device and relationship with such third party.

C. Applicable Law. These Terms of Use, including all matters relating to their validity, construction, performance, and enforcement, and any claim, complaint, or dispute arising out of or related to these Terms of Use, your relationship to Sling TV, and/or otherwise related to our Services will be governed by the laws of the State of Colorado without giving effect to its conflict of law provisions. If any provision in these Terms of Use is declared to be illegal, invalid, or is otherwise in conflict with any law, then such provision will automatically be considered modified to the minimum extent necessary to make such provision legal, binding, and no longer in conflict with such law, without affecting the validity of any other provisions of such Terms of Use, and any and all other provisions will remain in full force and effect to the fullest extent permitted by law.

D. Choice of Forum. You agree that any action at law, in equity, under contract (including under these Terms of Use), or otherwise that is excluded from, or otherwise not subject to arbitration or small claims court must be filed, and that venue properly lies, only in the state or federal courts located in the city and county of Denver, Colorado, United States of America and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.

E. Assignment. You agree that Sling TV may assign or otherwise transfer (e.g., sell) your agreement to these Terms of Use with Sling TV to any third party without your prior consent. You may not assign or otherwise transfer (e.g., via the sale of any Permitted Device) any agreement(s) with us without first obtaining our prior written consent, which consent may be withheld, delayed, or conditioned for any reason whatsoever (e.g., your Membership Account reflects an outstanding unpaid balance).

F. No Waiver; Remedies Cumulative. Except as otherwise expressly provided in these Terms of Use, the failure of a party to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. The rights and remedies provided under these Terms of Use to Sling TV in case of your default or breach of these Terms of Use are cumulative and without prejudice to any other rights and remedies that Sling TV or you may have at law, in equity, under contract (including under these Terms of Use), or otherwise, all of which are hereby expressly reserved.

G. No Third-Party Beneficiaries; Claim Limitation. You agree that, except as otherwise expressly provided in these Terms of Use, there are no third-party beneficiaries to your agreement to these Terms of Use. You agree that regardless of any law to the contrary, any claim, Dispute, or cause of action by you arising out of or related to our Services pursuant to these Terms of Use must be filed within one year following the date on which such claim, Dispute, or cause of action arose; and if not filed within such one-year period, then you hereby irrevocably waive any and all rights to pursue such claim(s), Disputes, or other cause(s) of action.

H. Headings. The section titles and paragraph headings in these Terms of Use are for convenience only and have no legal or contractual effect. Any and all examples or references to “include,” “includes,” or “including” set forth in these Terms of Use are by way of example only and will be interpreted as non-limiting. Any reference in these Terms of Use to the singular form of a word will include the plural form of the word, if applicable, and any reference to the plural will include the singular, if applicable. In addition, the term “days” when used in these Terms of Use, unless specified as a ‘business day’ means a calendar day. For the purposes of these Terms of Use, a ‘business day’ means a weekday (other than a Saturday or a Sunday) excluding any national (United States) holiday.

I. Survival. Any provision of these Terms of Use that logically would be expected to survive the suspension, completion, expiration, or earlier termination of your Membership Account, Subscription Services, and/or other Services or your agreement to these Terms of Use will survive such suspension, completion, expiration, or earlier termination, including any and all representations and warranties contained in these Terms of Use and any and all provisions and agreements regarding indemnification obligations, confidentiality obligations, dispute resolution, binding arbitration and class action waivers, the “Miscellaneous” provisions in this Section 12, limitations of liability, and disclaimers.

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