Dish Network 4K Joey Setup Manual page 32

Residential Customer Agreement, cont.
F. Credit Checks. You authorize DISH to investigate your financial responsibility and
creditworthiness (including, without limitation, acquiring credit reports and histories) and to
report any payment defaults to credit reporting agencies. Such credit checks may require
you to provide DISH with your Social Security number. Under the Fair Credit Reporting Act,
you have the right to notify DISH in the event that you believe we have reported inaccurate
information about your account to any credit reporting agency. You may do this by notifying
us at the Customer Service E-mail Address or General Customer Service Mailing Address
set forth in Section 1. Please include in any such notice: (i) your name and account number;
(ii) your service address; and (iii) a description of why you believe we have reported
inaccurate information about your account to any credit reporting agency.
G. Applicable Law. This Agreement and all matters relating to its validity, construction,
performance and enforcement, and any claim, complaint or dispute (including, without
limitation, any Dispute) arising out of, relating to or in connection with any aspect of this
Agreement, the Services or the Equipment shall be governed by the laws and regulations of
the State of Colorado without giving effect to its conflict of law provisions.
H. Remedies Cumulative. The rights and remedies provided under this Agreement to
DISH in case of your default or breach of this Agreement are cumulative and without
prejudice to any other rights and remedies that DISH may have by reason of such default
or breach at law, in equity, under contract (including, without limitation, this Agreement and
your applicable Promotion Agreement(s)) or otherwise (all of which are hereby expressly
reserved).
I. Waiver. DISH's failure to exercise or delay in exercising any of its rights at law, in equity,
under contract (including, without limitation, this Agreement and your applicable Promotion
Agreement(s)) or otherwise (all of which are hereby expressly reserved) will not operate
as a waiver by DISH of such rights. DISH will not be deemed to have waived any of its
rights at law, in equity, under contract (including, without limitation, this Agreement and your
applicable Promotion Agreement(s)) or otherwise unless such waiver is in writing.
In the event that DISH waives any of its rights pursuant to this Agreement in one instance,
then such waiver will not be deemed a continuing waiver and will not preclude DISH from
exercising such rights in another instance.
J. Severability. Except as otherwise set forth in Section 12(G), each provision of this
Agreement is separable and divisible from every other provision and the enforceability
of any one (1) provision does not limit the enforceability, in whole or in part, of any other
provision. In the event that any provision of this Agreement or your applicable Promotion
Agreement(s) is declared to be invalid, illegal, void or less than fully enforceable as to time,
scope or otherwise, then (except as otherwise set forth in Section 12) such provision must
be construed by limiting, reforming and reducing it so that such provision is valid, legal
and fully enforceable while preserving to the greatest extent permissible the original intent
of the parties; the remaining terms and conditions of this Agreement and your applicable
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Residential Customer Agreement, cont.
Promotion Agreement(s) will not be affected by such alteration, and shall remain in full force
and effect.
K. Other Policies. You agree that you will comply with all policies related to this Agreement,
your applicable Promotion Agreement(s), your Services and/or your Equipment, including,
without limitation, any and all applicable privacy notices (which are available at
dish.com/legal). You acknowledge and agree that the use of your Services and/or
Equipment is subject to each such policy.
L. Other. No salesperson, installer, customer service representative, authorized retailer, or
other similarly situated individual is authorized to change or override this Agreement or your
applicable Promotion Agreement(s). DISH may, however, change this Agreement without
notice at any time and from time to time. The terms and conditions of this Agreement and
your applicable Promotion Agreement(s) that either are expressly stated to survive or by
their nature would logically be expected to survive its expiration or termination will continue
thereafter. This Agreement is in addition to any other written agreement(s), if any, between
you and DISH (including, without limitation, your applicable Promotion Agreement(s))
and except as provided to the contrary in this Agreement, all such written agreements
shall remain in full force and effect. Except as expressly set forth in this Agreement to
the contrary, this Agreement replaces and supersedes any and all prior DISH Residential
Customer Agreements in their entirety, and such prior DISH Residential Customer
Agreements shall be of no further force or effect whatsoever. In the event of any ambiguity
between this Agreement and your applicable Promotion Agreement(s), then DISH shall have
the sole and exclusive authority to interpret and/or make a final determination concerning
any issue arising from such ambiguity.
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