Effective January 24, 2018
Welcome to Sling TV! Our goal is to provide you with a variety of choice television content, including top children’s programs, live sporting events, a robust catalog of video-on-demand and much, much more.
- Section 2: OUR SERVICES
- Section 3: MEMBERSHIP ACCOUNTS
- Section 4: TRANSACTIONAL AND SUBSCRIPTION SERVICES; PACKAGES AND LEVELS; PROMOTIONS AND OTHER PACKAGES
- Section 5: BILLING
- Section 6: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS
- Section 7: INTELLECTUAL PROPERTY
Section 2: OUR SERVICES
1. Our Services. By subscribing to 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.
2. 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://help.sling.com/en/support/solutions/articles/33000218989-what-do-i-need-to-get-started-with-sling-tv-. 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.
3. 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, including Permitted Cloud DVR Devices (as defined in Section 2.G.iii. below), 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 Authorized 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.
4. Use of Adaptive Bitrate Streaming. Our audiovisual Services, including, without limitation, live TV channels and the Cloud 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 Cloud DVR, you are directing that playback be provided using ABS.
6. 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 (e.g., you must be at least 18 years of age, or the applicable age of majority where you live, in order to access certain adult-oriented programming or similar Services).
7. The Cloud DVR.
- i. Certain Cloud DVR subscribers are participating in the beta testing phase, which is only available to a limited number of subscribers. If you qualify and are selected to use the beta phase of the Cloud DVR, then we estimate that you will be able to record approximately 100 hours of video programming using the Cloud DVR during the beta testing period. Other Cloud DVR users are participating in the Cloud DVR general market product phase. If you have subscribed for use of the Cloud DVR general market product, then we estimate that you will be able to record approximately 50 hours of video programming using the Cloud DVR gneral market product. However, in any case, we do not guarantee any minimum amount of recording time and actual recording time may vary. The phrase “Cloud DVR” refers to both the Cloud DVR in the beta testing phase and the Cloud DVR general market 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 Cloud 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 Cloud DVR to record more programming than it can hold in the space available, then some programs that you have previously recorded may be deleted. The Cloud DVR does not permit you to “protect” recordings from such deletion. We reserve the right to terminate the Cloud DVR (and/or all or any portion of your access to the Cloud DVR) at any time in our sole and absolute discretion and, for the avoidance of doubt, we may terminate the Cloud DVR (and/or all or any portion of your access to the Cloud DVR) even if you have not decided to cancel the Cloud DVR. In the event that the Cloud DVR (and/or your access to the Cloud 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 Cloud 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 Cloud DVR prior to such disconnection, suspension or termination may no longer be available.
- ii. IN CONSIDERATION OF YOUR USE OF THE CLOUD DVR IN BETA TESTING PHASE OR THE CLOUD DVR GENERAL MARKET PRODUCT, AS APPLICABLE, YOU HEREBY RELEASE SLING TV FROM ANY AND ALL LIABILITY AND RESPONSIBILITY FOR ANY: (a) INABILITY TO ACCESS OR RECORD ANY PROGRAMMING; (b) ERRONEOUS OR INTENTIONAL DELETION OF ANY RECORDING AT ANY TIME; (c) FAILURES, ERRORS AND INTERRUPTIONS OF THE CLOUD DVR; AND/OR (d) FAILURE OR INABILITY TO SCHEDULE, MAKE, STORE, OR PLAY BACK ANY RECORDING.
- iii. Not all devices are compatible or permissible for use with the Cloud DVR. Currently, the only devices that are compatible and permissible for use with the Cloud DVR are: devices that are “Roku”-branded and currently being supported by Roku, devices that are “Amazon”-branded and on which all other Sling TV Services may be accessed, devices that run on the Android operating system and on which all other Sling TV Services may be accessed, devices that are “Windows 10”-branded and on which all other Sling TV Services may be accessed, devices that are “Xbox One”-branded and on which all other Sling TV Services may be accessed, devices that are “AirTV”-branded and on which all other Sling TV Services may be accessed, devices that run on the TVOS operating system and on which all other Sling TV Services may be accessed, devices that run on the iOS operating system and on which all other Sling TV Services may be accessed, and devices that are “Apple TV”-branded and on which all other Sling TV Services may be accessed (“Permitted Cloud DVR Devices”). You may use more than one (1) Permitted Cloud DVR Device to access the Cloud DVR, but we may limit the number of Permitted Cloud DVR Devices that you may use concurrently to access or use the Cloud DVR at any time.
9. 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
5. 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
3. 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.
4. 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).
6. 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.
7. 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. 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 PARTIAL-USE, EARLY CANCELATION OR UNWATCHED PRE-PAID SERVICES. 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 cancelation 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
1. 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.
4. 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). Because charges are prepaid each billing period, following your cancellation of any of your Subscription Services or Transactional Services, you will continue to have access to any and all of such Services for which you have paid through the end of your then-current billing period, and to certain of our other Services that do not require any payment, including, access to and use of certain portions of our Websites and Apps. 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.
7. 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
2. 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.
Section 7: INTELLECTUAL PROPERTY
1. 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. Looking for Slingbox? Click here.
2. 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.
3. 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.
Section 8: DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
Section 9: LIMITATION OF LIABILITY
1. 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.
2. 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.
5. 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
Section 11: DISPUTE RESOLUTION, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
2. Dispute Resolution. If a Dispute arises and you or we wish to seek arbitration or file any action in small claims court, then the party wishing to seek arbitration or file an action must first send to the other party, by certified mail, notice of the applicable Dispute (“Dispute Notice”), and you and Sling TV hereby agree to attempt to resolve any such Dispute through informal dispute resolution for at least 60 days following the date on which the applicable Dispute Notice is properly sent. You and we must download or copy the form for your Dispute Notice by clicking here, which form of Dispute Notice must include a written statement that sets forth: (i) the name, address and preferred contact information of the party giving the notice; (ii) a description of the nature and basis of the applicable Dispute; (iii) the facts giving rise to such Dispute; and (iv) the specific relief sought by you in connection therewith. You must send, any and all Dispute Notice(s) to: Sling TV L.L.C., Attn: Office of the General Counsel, 9601 South Meridian Boulevard, Englewood, Colorado 80112 (“Notice Address”), by certified mail; and we must send any Dispute Notice to you at the contact information we have for you (e.g., to your Membership Account, the email address you provided to register your Membership Account or your billing address). If we and you do not agree to a resolution of a Dispute during the required informal dispute resolution period above, then either party may commence arbitration or a small claims court proceeding in accordance with this Section 11 to resolve such Dispute. To initiate arbitration proceedings the party seeking such arbitration must open a case by filing with the American Arbitration Association (“AAA”) a demand for such arbitration, paying the administrative filing fee and providing a copy of the applicable arbitration agreement (collectively, the “Demand for Arbitration”); you will only be responsible for paying an arbitration initiation fee equal to the amount that you would pay to file a lawsuit against us in the appropriate court of law in your state, not to exceed $125.00, and we will pay any excess fees or deposit(s) required to initiate such arbitration proceeding. If you are entitled to reimbursement pursuant to this Section 11 and would like us to reimburse you for the actual amount of fees paid by you to initiate an arbitration proceeding, then you must send written notice to Sling TV at the Notice Address, by certified mail, of: (a) the amount requested; (b) the name of the payee; (c) the return address for the payment; and (d) a copy of the receipt or other documentation evidencing the amount paid by you. You must download or copy a form to initiate arbitration www.adr.org. A Demand for Arbitration must be made through “AAA WebFile,” at www.adr.org, or by filing such demand with any AAA office, regardless of the intended location of the requested proceeding. During the arbitration, the amount of any settlement offer made by us or you may not be disclosed until after the arbitrator determines the amount, if any, to which you or we are entitled in connection with the applicable Dispute.
5. Class Action Waiver. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE). Further, unless both you and Sling TV specifically agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s individual claim. In the event that this Section 11.E. or any other material provision of this Section 11 is held to be unenforceable, void or voidable, then Section 11 in its entirety will be void, ab initio.
Section 12: MISCELLANEOUS