Sling TV Terms of Use

Effective July 18, 2024

Welcome to Sling TV! Our goal is to provide you with a variety of choice television content, including live and on-demand sports, entertainment, and news.

Please note that the terms and conditions contained herein, together with any applicable promotional terms agreed to by you (“Promotional Terms” and together with the Privacy Policy and End User License Agreement (“EULA”) each of which is hereby incorporated in these Terms of Use by this reference in its entirety, collectively, these “Terms of Use”) include embedded hyperlinks that may only be accessed through our websites. If you are reviewing these Terms of Use through certain applications or other platforms, then you may need to visit https://www.sling.com/offer-details/disclaimers/terms-of-use in your browser to review any hyperlinked terms incorporated herein. These Terms of Use set forth the terms and conditions pursuant to which Sling TV will agree to provide or otherwise make our Services available to you. Your access and use is conditioned on your acceptance of these Terms of Use and are effective until we change or replace them.

Sling TV L.L.C. and its affiliates (referred to as, “we,” “us,” “our,” or “Sling TV”) endeavors to provide you and other users of our websites (“Websites”) and our applications (“Apps”) with access to a variety of content (such Websites and Apps, together with any other “Sling TV” branded memberships, features, functionalities, products, services, and any and all content contained therein, are collectively referred to in these Terms of Use as, “Services”). You and other users of our Services are collectively referred to in these Terms of Use as “you,” “your,” and “Users.” Certain of our Services, including transaction and subscription based Services provided in exchange for a fee, may be accessed and used only by those Users who have registered with us and created a membership account (such account, a “Membership Account”, and each such User, an “Authenticated User”). Certain of our Services may be accessed and used by Users without any requirement to pay a fee, register, or create a Membership Account. Any and all access and use of any and all our Services by Users (whether or not Authenticated Users) are governed by these Terms of Use. Notwithstanding anything to the contrary set forth in these Terms of Use, if you purchase our Services in Puerto Rico, "we," "us," "our," or "Sling TV" refers to DISH Network Puerto Rico L.L.C.

SUBJECT TO CERTAIN EXCEPTIONS SET FORTH BELOW IN SECTION 11, THESE SLING TV TERMS OF USE REQUIRE THE USE OF MANDATORY AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (AS THAT TERM IS DEFINED IN SECTION 11.A. BELOW, RATHER THAN, AMONG OTHER THINGS, JURY TRIALS OR CLASS ACTIONS (SEE SECTION 11 BELOW).

 

Terms of Use: Table of Contents

 

 

Section 1: Acceptance of Terms of Use

A. Acceptance. Our Services are not intended to be used by children without involvement and approval of a parent or other legal guardian. Some programming available in our Services is of an adult nature and not intended for viewing by persons under 18 years of age, including programming that is “Rated R” or “TV-MA” or contains scenes of nudity, sexual content, or graphic violence that may be offensive to certain viewers. If you are under the age of 18, then you are not permitted to register with us or provide your personal information to us. These Terms of Use govern your use of all of our Services and your relationship with us. By accessing, visiting, downloading, or using any of our Services (e.g., if you download any of our Apps onto any device) you confirm that you have read and agreed to these Terms of Use. If you do not agree to these Terms of Use, then do not access or use any of our Services. If you are an existing user and do not wish to accept any revised Terms of Use, then you must immediately stop using all of our Services (including, for clarity, permanently removing all Apps from your devices), except as set forth in Section 11 below.

B. Changes to these Terms of Use. These Terms of Use are effective until we change them. Because we are continuously working to improve, enhance, expand, and modify our Services to provide you with the best experience, these Terms of Use will change from time to time, and we suggest that you check back regularly in order to understand our Services, including our practices related to personal information as described in the Privacy Policy, the rights and restrictions related to certain of our Services granted in the EULA, and all other terms and conditions governing your access and use of our Services. You acknowledge and agree that we may change all or any portion of these C. Terms of Use at any time and from time to time, in our sole and absolute discretion, by publishing a revised version of these Terms of Use at: https://www.sling.com/terms-of-use#membership.  Any revised version of these Terms of Use will be effective immediately, except that, solely with respect to existing Authenticated Users, such revised version will be effective 30 days following the day on which the revisions were first posted, unless expressly and specifically stated otherwise. Except as otherwise set forth in Section 2.E., in the event that you are an existing Authenticated User and you do not wish to accept any revised version of the Terms of Use, then you must immediately send a notice to us at: Attn: General Counsel’s Office, 9601 S. Meridian Blvd., Englewood, CO 80112, and we will, at our option, either cancel your Membership Account at the end of the then-current billing period or allow you to continue to receive your Subscription Services under the previous version of these Terms of Use.

Certain Restrictions on Use; Private and Personal Use Only. Some programming is the copyrighted material of the third party that supplies it, is protected by copyright and other applicable laws and may not be reproduced, published, rebroadcast, rewritten, or redistributed without the written permission of the third party that supplied it (except as permitted by the “fair use” or other applicable provisions of the U.S. copyright laws) or by our agreements with such third parties. Our Services, including all content viewed through our Services, are solely for private, personal, non-commercial use, not for use in the operation of a business or service bureau, and not for any other public viewing, for profit or for the benefit or any person or entity other than the User; and your limited rights to use our Services as set forth in our EULA are subject to your understanding of, and agreement to, these Terms of Use in their entirety.

 

Section 2: OUR SERVICES

A. Our Services. By accessing or using our Services, you receive access to and use of: (i) certain software, technology, and other intellectual property rights (including all functionality and data contained therein) (e.g., adaptive streaming and third-party platform authentication) owned or operated by us (regardless whether available for download directly or indirectly from Sling TV) (e.g., applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) websites owned, operated, or otherwise controlled by, or on behalf of, us; (iii) the content accessible by you (e.g., any and all transaction and subscription video, audio, data, interactive, programming, advertising and other content); and (iv) any and all other products and/or services accessed, provided, used, or otherwise made available to you, including to enhance past or then-current Services.

B. Internet Connection.  In order to access and use our Services, you must have a broadband, wireless, or similar internet connection, and you will need to obtain such internet connection (including sufficient levels and required equipment related thereto) from a third-party internet or similar wireless service provider at your sole cost and expense (“Internet Connectivity”). It is your responsibility to obtain and maintain the Internet Connectivity necessary to access and use our Services. Sling TV is not responsible for your Internet Connectivity (or the amount of data consumed by you in connection with your use of any of our Services). The time it takes to access and use any of our Services (e.g., watching a movie or TV show) will vary based on a number of factors, including your location, your Internet Connectivity, the available bandwidth at the time of your request, the format of our Services you are attempting to access, the device(s) you use to access our Services, and other factors outside of our control. Sling TV makes no representations or warranties about the speed or quality of your watching experience on your or any device, and reserves the right change our Services (e.g., the format) based on the specifications of your Internet Connectivity (e.g., if your Internet Connection or device do not meet our required standards for accessing and viewing high-definition (“HD”) content, then any HD content accessed by you may be automatically re-formatted by us in an attempt to improve your experience). We suggest that you ensure that your Internet Connectivity, Permitted Device(s) (as defined below) and configuration are compatible with our Services and the format thereof. You can review our minimum requirements and recommended levels for Internet Connectivity at: https://www.sling.com/help/en/learn-about-sling/get-started/guide. By accessing or using our Services, you agree to look solely to the entity that provides your Internet Connection for any issues related to such connection and/or its compatibility with, or sufficiency for accessing and using, any of our Services.

C. Devices. Not all devices are compatible, or permissible, for use with our Services. For a current list of devices permitted for use with our Services (“Permitted Devices”) please visit and review the devices listed at: www.sling.com/devices. Permitted Devices are manufactured and sold by entities other than Sling TV. In order to use our Services, you must have a Permitted Device, and you will need to obtain such Permitted Device from a third-party provider of such device at your sole cost and expense. You may use more than one Permitted Device, but the number of Authenticated User(s) concurrently accessing or using our Services may be limited to one (1) Permitted Device at any time. In addition, certain of our Services, or portions of the functionality thereof, may be “blacked-out” or not-available on certain Permitted Device(s). By accessing or using any of our Services, you agree to look solely to the third party that manufactured and/or sold you the device for any issues related to such device, the operating system thereon, and/or its or their compatibility with any of our Services.

D. Use of Adaptive Bitrate Streaming. Our Services, including, without limitation, live TV channels and the DVR (as defined below), use adaptive bitrate streaming (“ABS”), which creates multiple versions of each program, recorded at different bitrates, to optimize playback of the applicable audiovisual content at any given time based upon the capabilities of the applicable playback device and available internet bandwidth.  If you choose to use the DVR, you are directing that playback be provided using ABS.

E. Service Changes; Packaging of Services. In addition to, and without limiting any other provisions in these Terms of Use, Sling TV may, permanently or temporarily, add, delete, rearrange, alter, interrupt, change, and/or eliminate: (i) any and all prices, fees, and/or charges; (ii) packages, programming, programming suppliers, services offered by suppliers; (iii) availability of the DVR with respect to any particular programming and/or programming suppliers, (iv) software, applications, features and/or functionalities, and technical and/or functional requirements, (v) Permitted Devices, (vi) compatible operating systems, (vii) and/or minimum Internet Connectivity required to use the Services, from time to time and at any time. In the event that we add, alter, and/or change any prices, fees, and/or charges, then you agree to pay such added, altered, and/or changed prices, fees, and/or charges. In the event that we add, delete, rearrange, alter, change, and/or eliminate any packages, availability of the DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities, then you acknowledge and agree that (a) we have no obligation to replace or supplement such packages, availability of the DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities, and (b) you are not entitled to any credits, refunds, price reductions, or any other form of compensation because of any such addition, deletion, rearrangement, alteration, change, and/or elimination.  You further acknowledge and agree that such additions, deletions, rearrangements, alterations, changes, and/or eliminations are not a discretionary act by us if they are due, in whole or in part, to the termination, suspension, or expiration of our legal right to provide such packages, availability of the DVR with respect to any particular programming and/or programming suppliers, software, applications, features and/or functionalities.

F. Programming Content and Restrictions. Certain of our Services may be “blacked out” in your viewing area (e.g., local broadcast channels, sporting events, and/or other content for which you do not have the rights to access); if you circumvent or attempt to circumvent any of these “blackouts,” then you may be subject to legal action brought by us or third parties. Certain of our Services may have additional restrictions and your access to such Services will be subject to those restrictions.

G. The DVR. For our DVR product, we do not warrant or guarantee: (a) access to or recording of any particular programming; (b) the length of time any particular recorded program may remain available for your viewing; or (c) that the DVR (I) is error-free, (II) will not be interrupted, (III) will not erroneously delete programming that you record, or (IV) will not fail to schedule, make, store, or play back recordings. If you program the DVR to record more programming than it can hold in the space available, then some programs that you have previously recorded may be deleted. We reserve the right to terminate the DVR (and/or all or any portion of your access to the DVR) at any time in our sole and absolute discretion and, for the avoidance of doubt, we may terminate the DVR (and/or all or any portion of your access to the DVR) even if you have not decided to cancel the DVR. In the event that the DVR (and/or your access to the DVR) is cancelled or terminated for any reason or no reason whatsoever, you will no longer have access to any recordings that you have made with the DVR. If your Membership Account is disconnected, suspended, or terminated for non-payment, or for any other reason (or no reason) whatsoever (see, e.g., Section 5.E. below), then, even if you pay to restart your subscription(s) to our Services, recordings that you made with the DVR prior to such disconnection, suspension, or termination may no longer be available.

H. Compliance with Law. You agree to use our Services, including all features and functionalities associated therewith, in accordance with all applicable laws (e.g., public performance limitations or other restrictions on any use of our Services or content therein). You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or otherwise use or gain access to all or any portion of our Services, except as explicitly authorized in these Terms of Use, without express written permission from Sling TV. You also agree not to: circumvent, remove, alter, deactivate, degrade, thwart, or otherwise interfere with any of our Services; use any robot, spider, scraper, or other automated means to access our Services; decompile, reverse engineer, or disassemble any of our Services (e.g., software or other products); insert any code or product, or otherwise manipulate or interfere with our Services (e.g., running any of our Services on a device not permitted for use by us); or, use any data mining, data gathering, or extraction method. In addition, you agree not to upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, interfere with, destroy, or limit the functionality of any of our Services, or other software, hardware, or telecommunications equipment associated with our Services (e.g., any software viruses or any other computer code, files, or programs). 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.

I. Multiple Services.  Sling Orange + Sling Blue consists of two separate Sling TV services—Sling Orange and Sling Blue—offered together for a multi-service discount.  By subscribing to both services in Sling Orange + Sling Blue, you acknowledge that you can watch only one stream at a time of any Sling Orange channel using your Sling Orange service.  In addition, you can watch three streams of Sling Blue channels at the same time using your Sling Blue service.  In total, you can watch up to four simultaneous streams—one stream via your Sling Orange service and three streams via your Sling Blue service. 

 

Section 3: MEMBERSHIP ACCOUNTS

A. Membership Account; Login Credentials. Prior to accessing certain of our Services, you will be required to provide certain personal information determined by us as necessary to create a Membership Account. To become an Authenticated User you must first register with us for a Membership Account. You will be required to create login credentials, comprised of a user name and password (“Login Credentials”) designed to enable access and use your Membership Account. You are responsible for any and all actions, omissions, or other activities related to your Membership Account, including any Authenticated Users you permit to be linked to your Membership Account (if any, and only to the extent, permitted by us). The person in whose name any Membership Account is used for access to our Services, and whose payment method is charged, if any, is referred to as the “Account Owner.” As an Account Owner you may have access to and control over your Membership Account, any Authenticated Users linked to your Membership Account, and the Services available in connection therewith. If you have a Membership Account, then your control of such Membership Account is exercised through your use and protection of your password. Please be aware that to maintain exclusive control and ensure compliance with these Terms of Use, you may not reveal or share your Login Credentials with anyone. In addition, if you would like to ensure that others cannot access your Membership Account by contacting our Customer Service (as defined in Section 6 below) and potentially altering your control, then you should take the necessary precautions not to reveal any personal or sensitive information used to identify yourself in connection with a lost password or user name (e.g., billing information, government issued IDs, or secret question answers). If you believe that your Membership Account has been accessed by anyone other than you or any Authenticated Users you have permitted thereunder, or otherwise without permission or in any unauthorized manner, then you must contact us immediately at: 1 (888)-309-0838. You are responsible for updating and maintaining the truth and accuracy of the information provided to us relating to your Membership Account (e.g., current billing information for Subscription Services (as defined below)). YOU UNDERSTAND THAT BY SHARING ACCESS TO OUR SERVICES OR YOUR LOGIN CREDENTIALS, OR BY OTHERWISE ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, YOU AGREE TO BE RESPONSIBLE FOR ASSURING THAT ANY AND ALL SUCH USERS COMPLY WITH THESE TERMS OF USE AND THAT YOU OR THE NAMED PERSON ON THE APPLICABLE MEMBERSHIP ACCOUNT SHALL BE RESPONSIBLE FOR ANY AND ALL ACTIONS, OMISSIONS, AND/OR OTHER USE ASSOCIATED WITH SUCH MEMBERSHIP ACCOUNT. PLEASE BE AWARE THAT IF YOU SHARE OR OTHERWISE MAKE YOUR ACCOUNT AVAILABLE TO ANY THIRD PARTY (E.G., FORGETTING TO LOG OUT OF YOUR MEMBERSHIP ACCOUNT ON A SHARED OR PUBLIC DEVICE), THEN SUCH THIRD PARTY(IES) MAY BE ABLE TO ACCESS ANY AND ALL INFORMATION CONTAINED IN YOUR MEMBERSHIP ACCOUNT (E.G., CERTAIN PERSONAL INFORMATION, BILLING INFORMATION, SETTINGS, VIDEO RENTAL AND VIEWING HISTORY, AND OTHER RELATED VIEWING PREFERENCES (IF ANY) ASSOCIATED WITH YOUR ACCOUNT).

B. Requests for Information. You should be mindful of any communication requesting that you submit any personal or other sensitive information (e.g., your personal information, credit or debit card account information, Login Credentials, or secrets questions), and before confirming any such request, you should contact Customer Service immediately at: 1 (888)-309-0838. Please be aware that providing your information in response to these types of communications can result in, among other things, identity theft or fraud. Always access your account information (e.g., your personal information, credit or debit card account information, Login Credentials, or secrets questions) via our Websites or Apps, or by contacting Customer Service directly at: 1 (888)-309-0838. In order to protect Sling TV and its affiliates, media providers, device providers, business partners, or other service providers or licensors (collectively, “Contributors”), we reserve the right, and may, from time to time and at any time, without providing notice to you, place on hold (or otherwise suspend) your Membership Account in connection with any activity that we believe to be fraudulent, illegal, in violation of these Terms of Use, or otherwise suspicious. We may evaluate or elect to provide credits, refunds, price adjustments or other discounts, compensation or recompense, from time to time and at any time, in our sole and absolute discretion, BUT 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 HOLDS PLACED ON YOUR ACCOUNT, IF ANY.

C. Device Deactivation. If your device is transferred, lost, or stolen, then you must immediately call Customer Service at: 1 (888)-309-0838. It is your sole responsibility to notify us of any transferred, lost, or stolen devices, and to prevent any unauthorized access to our Services and your Membership Account. Please review the risks and responsibilities of allowing third-party access to your Membership Account (see Section 3.A. above) that may result from your failure to notify us that your device was transferred, lost, or stolen.

 

Section 4: TRANSACTIONAL AND SUBSCRIPTION SERVICES; PACKAGES AND LEVELS; PROMOTIONS AND OTHER PACKAGES

A. Transactional Services. After you create a Membership Account, certain of our Services may be made available by us without requiring any commitment from you to pay any fees or other amounts (e.g., certain paid “a-la-carte” video-on-demand rentals or pay-per-view offerings) (collectively, “Transactional Services”). Your access to, and use of, any Transactional Services are governed by these Terms of Use, and once you create or request a Membership Account to access certain of our Services, you will be a member until you or we permanently cancel your Membership Account and all Subscription Services with us. For example, you must abide by these Terms of Use in connection with your creation and use of any Membership Account used solely to access our Services, regardless of whether you ever provide payment information for any other paid Transactional Services. You may be required to provide a payment method and necessary billing information in order to receive certain other Transactional Services. Any and all users that create a Membership Account automatically enroll in membership to our Services UNLESS AND UNTIL YOU CONTACT US TO PERMANENTLY CANCEL AND DELETE INFORMATION RELATED TO YOUR MEMBERSHIP ACCOUNT BY CALLING CUSTOMER SERVICE AT 1 (888)-309-0838, or until we elect to permanently cancel your Membership Account and Subscription Services (as defined below) for any purpose (e.g., in accordance with our standard information retention and destruction processes).

B. Subscription Services. After you create a Membership Account, certain of our Services may be made available by us solely in connection with your agreement to purchase a subscription to such Services for a set period (e.g., monthly or yearly subscription term) (collectively, “Subscription Services”). Regardless of the period for which you purchased any Subscription Services, following the completion of any such subscription period, your Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless and until they are cancelled or changed by you or Sling TV in accordance with these Terms of Use.

C. Packages of Subscription Services. We may offer a number of different packages of Subscription Services, including special promotional packages, each governed by any supplemental Promotional Terms provided at the time of your first access or use of such Services. Some promotional packages may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate, or otherwise amend the Subscription Services offered by us, and the contents of the packages and levels thereof.

D. Minimum Requirements. Sling TV reserves the right to require and/or change minimum programming package requirements, from time to time and at any time, in its sole and absolute discretion. For example, Sling TV may require a minimum commitment term, or Sling TV may require you to subscribe to a minimum level or package of our Services in order to view certain content or obtain access to purchase additional levels or packages of Subscription Services. In order to purchase certain packages, you may be required to first subscribe to Services for a set term (e.g., a year-long subscription).

E. Promotional Offers. You may initially accept a promotional offer for a certain package of Services that later becomes unavailable. Promotional offers do not automatically renew and may not be available at the end of, or during, the applicable promotional period, and following the completion of any such promotion, the Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless and until they are cancelled or changed by you or Sling TV, in accordance with these Terms of Use.

F. Only One Promotion per Account Owner. Promotional offers may not be combined with other promotional offers associated with any account that you own, unless otherwise expressly permitted in the applicable Promotional Terms. Sling TV reserves the right, in its sole and absolute discretion, to determine your eligibility for any promotional offer pursuant to the applicable Promotional Terms. Sling TV reserves the right to change, amend, and alter then-current promotional offers or Promotional Terms as well as institute new promotional offers, from time to time and at any time, in its sole and absolute discretion. We do not guarantee that any promotional offers are or will be available to you at all, or in connection with any Services desired by you.

G. Cancellation Policies. Your Subscription Services are prepaid on a monthly billing period basis and you may contact us to cancel them at any time by visiting www.sling.com/account or by calling Customer Service at: 1 (888)-309-0838. Cancellation requests are not accepted via email. Because charges are prepaid each billing period, when you call to cancel your Subscription Services, your subscription will continue, and you will be able to enjoy your Subscription Services through the end of, the then-current billing period (except as otherwise provided herein to the contrary (see Section 5.D.) or in any Promotional Terms). Refunds are not issued for a partial billing period. When you cancel your Subscription Services, you may be subject to certain charges and fees as set forth in any applicable Promotional Terms, and if you have taken advantage of a promotional offer that required you to pre-pay for a minimum period of time (e.g., 3 months), then your cancellation will not become effective until the end of that minimum period of time, and in such case, for purposes of such promotional offer, your initial “billing period” will mean such minimum period of time. Your cancellation of Subscription Services does not automatically cancel your Membership Account or access to our Transactional Services. If you pay for the Services through your account with a third party (e.g., Amazon, Roku) and want to cancel your Membership Account or access to our other Services, then you may need to do so through your account with such third party.

 

Section 5: BILLING

A. Fees and Charges. We will bill you monthly in advance for your Subscription Services. Charges are billed to the credit or debit card you registered with your Membership Account. Sling TV may, from time to time and at any time, change the amount of or basis for determining any fees or charges, and/or institute new fees, surcharges, or other charges as determined by us (e.g., surcharges imposed for transmission of programming content in certain jurisdictions). You agree to pay all amounts billed for our Services, as well as all taxes, fees, and other charges, if any, that are now or may in the future be assessed in connection with any of our Services you access or use, and any other charges due and owing to us. We may apply interest and late fees for any amounts paid following the date when due, and we may terminate or suspend your account for any failure to timely pay any amounts or maintain up-to-date payment method information within your account. State and local taxes or reimbursement charges for gross earnings taxes in some states may apply.

B. Registration of Credit or Debit Card. If you do not already have an account, you will be required to establish an account to access certain of our Services. To access certain Services (e.g., video-on-demand rentals), you will also be required to register a valid credit or debit card to process payments of the associated fees. When you register a credit or debit card for a new account, you authorize Sling TV to place a pending charge to your credit or debit card to verify your billing address and the validity of your credit or debit card; such pending charges are temporary and will not be converted into an actual charge to you. Pending charges, while pending, will, however, reduce the available amount of credit on your credit card or funds available to your debit card. You are solely responsible for any and all fees charged to your credit or debit card by the issuer, bank, or financial institution, including fees for membership, any overdraft or other insufficient funds, or for exceeding any applicable credit limit. Once your account is authenticated, the credit or debit card that you registered with your account will be charged for each transaction without having to reenter your credit or debit card information. You agree that the issuer of any credit or debit card you registered with your Membership Account will accept these Terms of Use as your authorization and pay all amounts billed in connection with use of your account without Sling TV’s submitting a signed receipt.

C. Billing Cycle. The fees for all Subscription Services and Transactional Services will be billed in advance. For Subscription Services, we automatically bill you each month on the calendar day corresponding to the date on which you first commenced payment for Subscription Services. Membership Account fees for Subscription Services and Transactional Services are fully earned upon payment. If your paid membership to any Subscription Service began on a day not contained in a given month, then we may bill you on a day in the applicable month or such other day as we deem appropriate (e.g., if you are regularly billed on the 31st, then we may bill you on the 28th or 30th of the calendar months that do not have 31 days). Although we endeavor to bill you as described in this paragraph, we reserve the right to change the timing of our billing as necessary, from time to time, and at any time. We may authorize your payment method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit, or other payment clearance, as applicable, against your registered credit or debit card information. For the purposes of this paragraph, “month” or “monthly” refers to your billing cycle.

D.  No Returns, Credits or Refunds. YOU UNDERSTAND AND AGREE THAT PAYMENTS ARE NONREFUNDABLE. 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 PARTIALLY USED OR UNUSED SERVICE (E.G., SUBSCRIPTION SERVICES NOT USED OR TRANSACTIONAL SERVICES NOT DOWNLOADED OR FULLY VIEWED). Notwithstanding the forgoing, although not required or obligated, we reserve the right to evaluate or elect to provide credits, refunds, price adjustments or other discount, compensation or recompense, from time to time, and at any time, in our sole and absolute discretion; provided that any such elections to offer any such credits, refund, price adjustment or other discount, compensation or recompense in one instance does not entitle you to the same or any such benefit in the future for similar or unrelated instances, nor does it create any obligation whatsoever for us to offer such benefit to you or any other user in connection with any past, present, or future request under any circumstance whatsoever.

E. Restarting your Services. If you do not make timely payment for your Services, we may disconnect, suspend, limit, or terminate your access to such Services, and in such event, we will be immediately and forever wholly relieved from any and all of our duties and obligations to you under these Terms of Use. If your Membership Account is disconnected for non-payment, or for any other reason whatsoever, then Sling TV may require that you pay, and you agree to pay, any amount due (regardless of how long outstanding, and including all past due charges and all outstanding balances accrued through the date of such disconnection) before we reconnect your access to any of our Services. We are not obligated to reconnect your access to any of our Services. If your Services are disconnected for non-payment, or for any other reason whatsoever, then you may no longer be eligible, even if you pay to restart your Subscription Services, to receive any remaining credits or promotional pricing that you would have been eligible to receive had your Subscription Services, or any of our other Services, not been disconnected, suspended, limited, or terminated. Unless required by applicable law, deposits will not be held segregated from other funds and will not earn or accrue interest. Promotional pricing is valid only at the time of initial purchase of such promotional Subscription Service or Transactional Service, and we reserve the right to stop any promotion at any time for any reason whatsoever.

F. Attorney’s Fees/Collections. If we use an attorney or a collection agency to collect any money you owe us, or to assert any other right that we may have against you (e.g., any breach of any agreement you may have with Sling TV or any of our affiliates), then you hereby agree to pay the reasonable costs of such collection or other action. These costs may include the costs of a collection agency, reasonable attorneys’ fees, and court costs. If you believe you have been billed in error, you must contact our Customer Service immediately, and in no event more than 15 days following the date you receive any bill for which you are seeking correction. Failure to timely notify us of any dispute will constitute your acceptance of the corresponding billed amounts. You must pay undisputed portions of any billing statement when due, or, without limitation to any other rights or remedies available to Sling TV at law, in equity, under contract (including these Terms of Use), or otherwise, all of which are hereby expressly reserved (e.g., we may elect to suspend or terminate your Subscription Services or any of our Services), permanently or temporarily, in whole or in part. All payments for our Services must be made directly by you to us, unless we authorize otherwise; and except as otherwise authorized, Sling TV shall have no obligation to provide Services for which payment is made by you to a third party or for which payment is made by a third party on your behalf.

G. Puerto Rico.  If you reside in Puerto Rico, please note that the fees for all Subscription Services and Transactional Services will be billed to you by “sling.com” even though you are conducting business with DISH Network Puerto Rico L.L.C. 

 

Section 6: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS 

A. Customer Support Services. Sling TV may elect to provide Membership Account support services or other assistance in connection with your Membership Account (“Customer Service(s)”). The levels, methods, and availability of our Customer Service offered is determined by us, in our sole and absolute discretion; we have no obligation to provide any Customer Services whatsoever in connection with our Services. If we make available or otherwise provide Customer Services, then such Customer Services are considered part of our Services for purposes of these Terms of Use, including any and all restrictions, disclaimers, and limitations herein.

B. Communications. By registering for a Membership Account, you hereby consent to receive electronic communications from us and other Contributors related to such account and our Services. These communications may involve sending emails to the email address you provided during registration, or delivering electronic communications via your Membership Account, and will include notices about your Membership Account (e.g., payment authorizations, password or payment method changes, confirmation e-mails, notices, and other similar or transactional information related to such account); these communications are part of our Services and your relationship with us. You agree that any notice, agreements, disclosures, or other communications that we send to you electronically, as described herein, will satisfy any legal communication requirements (e.g., that such communications be in writing and through an appropriate method). You also consent to receiving other electronic communications from us, such as newsletters about new Services features and content, special offers, promotional announcements, and customer surveys. If you no longer want to receive certain non-transactional communications via email, please contact Customer Service at 1 (888)-309-0838, click on the “Unsubscribe” link contained in any email, or on any other link that indicates that you would like to be removed from future, similar non-transactional communications.

C. Text Messages. By providing your telephone number, you consent to Sling TV, or its authorized representative, or any debt collection agency hired by Sling TV to use this number to contact you regarding Services, or regarding your Membership Account through an automated or predictive dialing system or prerecorded message system; regardless of whether the number is on any do-not-call lists or is otherwise registered as a wireless telephone number. You understand that you do not need to provide a cellular phone number to receive Services.

By electing to receive text messages from us, you hereby consent to the following additional terms:

i.    Message and data rates may apply depending on wireless carrier plan. See wireless plan or contact carrier for details.

ii.   Your receipt of text messages from us is subject to carrier participation.  Current participating carriers are as follows: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, Cellcom, Cellular South, Carolina West Wireless, Interop, ClearSky, nTelos, and Virgin Mobile.

iii.   T-Mobile® Liability Notice: T-Mobile® does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.

iv.   You must give us immediate notice of any change in your telephone number or other contact information associated with your account.

In addition, upon receipt of a text message from us, you may reply via text with HELP for Help and STOP to request that you stop receiving such messages.

 

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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