Dish Network DishPro User Manual page 128

Appendix B
D. Personal Information. If you have an on-line account with us, you are fully responsible
for maintaining the confidentiality of your password and account username and for all
activities that occur under your password and/or account username. You agree to: (i)
keep your account username and password confidential and not share them with anyone
else, and (ii) immediately notify us of any unauthorized use of your password and/or
account username or other breach of security.
E. Applicable Law. This Agreement, including without limitation all matters relating to its
validity, construction, performance and enforcement, and any claim, complaint or dispute
arising out of or related to this Agreement or Services, shall be governed by the laws and
regulations of the State of Colorado without giving effect to its conflict of law provisions.
These terms and conditions are subject to amendment, modification or termination if
required by such laws or regulations. If any provision in this Agreement is declared to be
illegal or in conflict with any law or regulation, that provision shall be modified to the
minimum extent necessary to make such provision legal and no longer in conflict with
such law or regulation, without affecting the validity of any other provisions.
F. Third-Party Billing Agents. We may enter into relationships with third parties to provide
billing and other services on our behalf, in which case the terms and conditions of this
Agreement shall apply to such third parties as applicable under the circumstances.
Additional terms and conditions imposed by our third-party billing agents, including
without limitation, local telephone companies, may apply. For example (and without
limitation), late fees imposed by our third-party billing agents may be administered
according to our third-party billing agent's billing procedures and applicable state tariffs
and regulations; our third-party billing agents may require you to pay all past due charges
for Services, a restart Fee, and/or a prepayment before we reconnect your Services;
other services provided by our third-party billing agents, including without limitation, local
telephone service, may need to be restored before DISH Network Services can be
restored, and a restoral fee and deposit may be required to restore third-party billing
agent services. Partial payments on third-party billing agent bills may be applied to the
balance due for other services billed on your third-party billing agent bill, including without
limitation, local telephone service, according to the third-party billing agent's billing
procedures and applicable state statutes and regulations. Contact your third-party billing
agent for details. Failure to pay all or any part of your third-party billing agent bill may
result in disconnection of Services.
G. Remedies Cumulative. It is agreed that the rights and remedies provided under the
terms and conditions of this Agreement to DISH Network in case of default or breach by
you of this Agreement are cumulative and without prejudice to any other rights and
remedies that DISH Network may have by reason of such default or breach by you at
law, in equity, under contract or otherwise (all of which are expressly reserved).
H. Other. No salesperson, installer, customer service representative, authorized retailer,
or other similarly situated individual is authorized to change the terms and conditions of
this Agreement. DISH Network may, however, change the terms and conditions of this
Agreement at any time and from time to time in its sole discretion and will notify you if that
occurs. The terms and conditions of this Agreement that either are expressly stated to
survive or by their nature would logically be expected to survive its expiration or
termination shall continue thereafter until fully performed. This Agreement is in addition
to any other written agreement(s), if any, between you and DISH Network, including
without limitation any installation agreement or customer agreement(s), if any, applicable
to the promotion(s) pursuant to which you are receiving Services and/or Equipment, and
except as provided to the contrary herein all such written agreements shall remain in full
force and effect. Except as expressly set forth in this Agreement to the contrary, any and
all prior DISH Network Residential Customer Agreements are hereby replaced and
superseded in their entirety by this Agreement, and such prior DISH Network Residential
Customer Agreements shall be of no further force or effect whatsoever. In the event of
any conflict or inconsistency between the terms and conditions of this Agreement and
any customer agreement(s) applicable to the promotion(s) pursuant to which you are
receiving Services and/or Equipment, the terms and conditions of such customer
agreement(s) shall be controlling. In the event of any ambiguity between the terms and
conditions of this Agreement and any customer agreement(s) applicable to the
promotion(s) pursuant to which you are receiving Services and/or Equipment, DISH
Network shall have the sole and exclusive authority to interpret and/or make a final
determination in its sole discretion concerning any issue arising from such ambiguity.
Notes
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