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THIS VIDEO SUBSCRIBER SERVICES AGREEMENT ("VSSA") is entered into between Pavlov Media, Inc, a Delaware corporation with offices at 125 W Church Street Champaign IL 61820, and the individual Subscriber as of the date indicated by your acceptance of these terms for Pavlov to provide certain Video Services (defined below in Section 1) to the Subscriber's residential unit (the "Unit"; described below). Subscriber's Unit is part of a larger real estate development (hereinafter referred to as the "Property") and Subscriber understands Pavlov is under contract to owner of Property for certain terms and conditions associated with providing Video Services. For the purposes of this VSSA, Subscriber's Unit is defined by the same language and terms contained in Subscriber's lease with the Property and may range from a single bed in a student housing property to a multiple-bedroom apartment or condominium in a "luxury" Property.
Video Services are provided to Subscriber under the following terms and conditions ("Terms and Conditions"):
1.1 Availability. Availability of specific Video Services varies by Property and current availability is published on the Property-specific section(s) of Pavlov's Web site. Pavlov may occasionally provide printed marketing materials to the Property's management office or Subscriber. While Pavlov will make reasonable effort to keep printed materials and Pavlov's Web site current, actual availability may differ from those materials at the actual time of enrollment.
1.2 Video Services:
1.2.1 Cable TV (Analog) Programming Service. Subject to the compliance by Subscriber with all Terms and Conditions of this VSSA, and in exchange for the payment of associated fees promptly when due, Pavlov will provide Cable TV (Analog) Programming Service to Subscriber. Cable TV (Analog) Programming Service includes only those features described on Pavlov's Web site and in Property-specific marketing materials available at the time of enrollment. No other special services are implied or included unless specified in writing by Pavlov during the time of enrollment as part of Subscriber's Property-specific service plan (the "Service Plan"). Subscriber may only subscribe for Cable TV (Analog) Programming Service from Pavlov during the period of their lease at the Property.
1.2.2 Direct Broadcast Satellite (Digital) Equipment Rental. Subject to the compliance by Subscriber with all Terms and Conditions of this VSSA, and in exchange for the payment of associated fees promptly when due, Pavlov will provide Direct Broadcast Satellite (Digital) Equipment Rental, Installation (hereinafter referred to as "DBS Equipment Rental"), and Dish Network Programming to Subscriber. DBS Equipment Rental includes only those features described on Pavlov's Web site and in Property-specific marketing materials available at the time of enrollment. Subscriber may only subscribe for DBS Equipment Rental from Pavlov during the period of their lease at the Property.
For associated rental and installation fees, Pavlov shall provide and install the DBS
Equipment in Subscriber's Unit necessary to enable Subscriber to receive DISH Network
Programming. THE DBS EQUIPMENT SHALL AT ALL TIMES REMAIN THE
PROPERTY OF PAVLOV. Upon termination of the DISH Network Programming by
Subscriber or Pavlov, Subscriber shall return the DBS Equipment to Pavlov in good
working order. Pavlov shall maintain and repair or replace the DBS Equipment, provided
however that Subscriber shall be responsible for the cost of repair or replacement of the
DBS Equipment due to improper handling, misuse, abuse, casualty, loss, or theft or any
other circumstances other than common use under normal circumstances.
1.3 Technical Support. During the term of this VSSA Pavlov shall provide technical support via telephone to Subscriber during the hours indicated on Pavlov's Web site. Pavlov reserves the right to adjust and/or reduce these hours at its sole discretion at any time without prior notice to Subscriber. The technical support provided by Pavlov applies strictly and specifically to the equipment and services provided by Pavlov (i.e., Cable TV Programming (Analog) Service and DBS Equipment Rental, Dish Network Programming). Pavlov is not responsible for the functionality of the Subscriber's TV or other video equipment not obtained through Pavlov and will not provide technical support related to that equipment. Pavlov shall provide technical support for DISH Network Programming to the extent possible in a third-party arrangement with DISH Network. Pavlov's technical support telephone number is 888.472.8568. Subscriber may also contact the Pavlov Customer Support at support@pavlovmedia.com or the Pavlov Billing Department at billing@pavlovmedia.com.
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2.1 Right of Entry. Subscriber authorizes Pavlov to enter Subscriber’s dwelling unit to make necessary or agreed equipment installation, modifications, repairs and removal, and authorizes Subscriber’s Lessor (if any) and Lessor’s employees and agents to provide such access with prior notice in accordance with the terms and conditions agreed to between Subscriber and Lessor.
2.2 Additional DBS Equipment Rental Obligations. Subscriber agrees to the
following additional obligations:
(a) Subscriber must be 18 years of age or older.
(b) Subscriber must be present for installation of DBS Equipment. Subscriber must
be present for the entire installation process and Subscriber’s name must match the name on the credit card as outlined in Section 3.1.
(c) Subscriber must contact Pavlov for all Video Services issues. To ensure
compliance with this VSSA, Subscriber should coordinate all technical support inquiries
related to DBS Equipment and/or DISH Network Programming through Pavlov. In
addition, Subscriber should make changes to DISH Network Programming only with a
Pavlov technical support representative via telephone. Any questions, concerns, or
problems related to upgrades, downgrades, equipment returns, and/or cancellations of
DBS Equipment or DISH Network Programming should be coordinated through Pavlov
Customer Support at 888.472.8568. Subscriber may also contact Pavlov Customer
Support at support@pavlovmedia.com.
(d) Subscriber Agrees to return Pavlov-owned equipment to Pavlov. Subscriber
agrees that he/she is renting specific DBS Equipment, uniquely identified by a serial
number, and this specifically-identified DBS Equipment must be returned to Pavlov upon
termination of DBS Equipment Rental. All DBS Equipment remains the property of
Pavlov Media. If malfunctioning DBS Equipment is exchanged directly through
Pavlov, Subscriber’s obligation will transfer to the reissued DBS Equipment serial
numbers. In the event of malfunction, all replacements must be requested by Subscriber
directly through Pavlov (never directly through, or administered by, Dish Network).
Should Subscriber ship any Pavlov-owned DBS Equipment directly to DISH Network,
such equipment will be deemed as not returned and requiring replacement and Subscriber will be charged associated fees for replacement equipment as set forth in Section 3.4. This also applies to Pavlov-owned equipment left in subscriber’s unit, or with property staff.
(e) Subscriber must maintain a required minimum level of DISH Network
Programming. Subscribers to DBS Equipment Rental agree to purchase a monthly
minimum package of Dish Network programming during the term of this VSSA. Said
monthly minimum package shall include programming referred to in current DISH
Network marketing materials as: America’s Top 100, America’s Top 200 CD, America’s
Top 250, America’s Everything Pak, DISH Latino, DISH Latino Dos, DISH Latino Max
or any other package made available at Pavlov’s sole discretion. These minimum
requirements are subject to change at any time and such changes will be promptly
reflected on Pavlov’s Website and marketing literature. If Subscriber downgrades the
programming by any means whatsoever below the limits defined above or as modified in
the future, Subscriber will be charged an Account Maintenance Fee as set forth in Section 3.4 for each billing period until such time that Subscriber’s programming meets
minimum limits.
(f) Subscriber must maintain an accurate and valid credit card, and contact
information on file with Pavlov for the entire period Video Services are provided to
Subscriber. Should Subscriber change his/her mailing address, email address, phone
number, credit card information or any other information required for subscription for
Video Services, Subscriber must immediately notify Pavlov of all changes. Subscriber
agrees to take full and complete responsibility for the accuracy of the information given
to Pavlov and is aware and agrees to pay and costs, fees, and/or penalties administered by Pavlov as a result of outdated or inaccurate information, particularly as it relates to Credit Card billing.
2.3 Indemnification. Subscriber agrees to defend (by counsel acceptable to Pavlov), indemnify and hold harmless Pavlov and its affiliated companies, its officers, directors, employees, contractors, licensees and independent content providers from all liabilities, claims and expenses, including attorneys' fees, arising from breach, by Subscriber, of the VSSA or from use of, or in connection with, the transmission by or through the Video Services of any Content, other than those caused by the gross negligence or willful misconduct of Pavlov, or its employees. Nothing in this VSSA shall interfere with the right of Pavlov to retain independent counsel with respect to any such claims or proceedings, at the sole expense of Pavlov, and in said event, the obligations of Subscriber shall not be amended or changed thereby, but shall continue as herein above provided.
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3.1 Credit Card. Subscriber must provide Pavlov with a valid major credit card account number, security code, and expiration date at the time of enrollment. Such credit card shall remain valid from the time Subscriber places an order with Pavlov for Video Services and throughout the time that Subscriber receives the Video Services from Pavlov unless Subscriber notifies Pavlov that Subscriber wishes to substitute another credit card. Pavlov may decline to accept all but major credit cards. The invalidity of any credit card or the insufficiency of any available credit on Subscriber’s credit card shall entitle Pavlov to suspend or terminate any Pavlov services to Subscriber, without notice, charge disconnection, late payment, and/or reconnection fees to Subscriber’s account in accordance with Section 3.4 of this VSSA, and begin the collections process.
3.2 Payment. Subscriber agrees to allow Pavlov to charge Subscriber’s credit card all amounts billed for Video Services and to pay all taxes, fees and other charges, if any, which are now or may in the future be assessed by Pavlov, including but not limited to collection charges and cancellation fees. Upon placing an order for Video Services with Pavlov via phone or the Internet, Pavlov will bill Subscriber’s credit card a nonrefundable initial payment equal to the Installation Fee and first month of fees for the Video Services ordered by Subscriber. In addition, while this VSSA is in effect Pavlov will charge the Subscriber’s credit card Subscription and any Additional Fees and Charges as set forth in Sections 3.3, 3.4, and 4.1(b) of this VSSA. Subscriber can receive monthly billing statements via email, which will be sent to the email address Subscriber has provided to Pavlov and which Subscriber agrees to maintain current as set forth in Section 2.2(f) of this VSSA. Statements from Pavlov will reflect the total amount charged, the date charged, credits, purchases, and other charges to Subscriber’s account. If Pavlov places an unpaid account in the hands of a collection agency or otherwise takes action to collect such account, Pavlov shall be entitled to recover from Subscriber reasonable attorneys’ fees, court costs, and other collection costs, in addition to any other relief to which Pavlov is entitled. In no event will any fees or charges pursuant to this Section exceed the maximum amounts permitted by law.
3.3 Subscription Fees and Charges. The date upon which Subscriber enrolls for Video
Services will become the Subscribers Anniversary Date (Anniversary Date”) for all
future billing cycles. Pavlov will bill Subscribers credit card immediately upon
enrollment for Video Services and on each Anniversary date on a monthly basis until
Video Services are terminated (see Section 4.1). Subscriber shall pay for its use of the
Video Services pursuant to the schedule of fees shown on its Property-specific section of
Pavlov’s Web site during each billing cycle. Pavlov may also provide printed marketing
materials to the Property’s management office or Subscriber. While Pavlov will make
reasonable effort to keep printed materials current, actual rates will be deemed as the
rates posted on Property-specific section(s) of Pavlov’s Web site. Pavlov reserves the
right to change the DBS Equipment offered to Subscriber. Subscriber also acknowledges
that Pavlov reserves the right to change programming services and rates at any time upon
thirty (30) days advance notice to Subscriber. Advance notice will be provided in one or
more of the following ways: (I) email notification on Subscriber’s monthly billing
statement, (ii) email notification under separate cover from monthly billing statement,
(iii) printed notification sent via U.S. Mail (see Section 4.1(a) below for termination
rights upon such event). DISH Network reserves the right to change DISH Network
Programming and rates at any time and without notice, and Pavlov has no control over
DISH Network Programming and rates.
(a) Promotions. Should Pavlov offer a printed promotion indicating pricing which varies
from the pricing on Pavlov’s Web site, such printed or online promotion will either have
an explicit expiration date or contain language to the effect of, “Promotion may expire at
any time.” Such promotion will be honored in strict accordance with promotion and
expiration rules.
(b) Limitation on Promotions. Should Pavlov offer discounted or free trial promotions,
Subscriber is limited to one discounted or free trial per Unit. If more than one Subscriber
lives in a given Unit as described in this VSSA, only one discounted or free trial
promotion shall be provided to that Unit on a first come, first serve basis. If Subscriber
moves to an alternate Unit, after receiving one trial or promotional offer, that Subscriber
is not eligible for another trial or promotional offer. If Subscriber enrolls for more than
one discounted or free trial promotion per Unit, whether or not knowledgeable of the
actions of other Subscribers living in the same Unit, Subscriber will be considered in
violation of this VSSA and Pavlov reserves the right to terminate or suspend any or all of
the Video Services or Internet Access Services. Video Services will remain suspended
until Pavlov is fully compensated by Subscriber for subscription fees for consumed
services in excess of legitimate promotion.
3.4 Additional Fees and Charges. In addition to Installation Fees, Cable TV (Analog)
Programming Service Fees, Rental Fees for DBS Equipment, and amounts due for any
DISH Network Programming, Subscriber agrees to pay additional fees and charges
referenced in the table below:
(a) Late Fee. Should Subscriber fail to pay balance due by the specified due date, subscriber will be charged a Late Fee as set forth in this Section 3.4 of this VSSA.
(b) Account Maintenance Fee. Should Subscriber fail to maintain minimum required
programming for the duration of its subscription to DBS Equipment Rental as set forth in
Section 2.2(e) of this VSSA, Pavlov will charge Subscriber an Account Maintenance Fee
as set forth in this Section 3.4 of this VSSA.
(c) DBS Receiver Replacement Fee. Subscriber shall pay Pavlov DBS Receiver
Replacement Fee(s) as set forth in Section 3.4 of this VSSA for any (and all) Pavlov supplied DBS receiver(s) that is not returned promptly following termination of service in
accordance with Section 4.1 of this VSSA, or for return of a DBS different than that
originally issued to Subscriber by Pavlov as identified through the unique serial number
associated with each DBS.
(d) DBS Remote Replacement Fee. Subscriber shall pay Pavlov DBS Remote
Replacement Fee(s) as set forth in Section 3.4 of this VSSA for any (and all) Pavlov supplied DBS remote(s) that is not returned promptly following termination of service in
accordance with Section 4.1 of this VSSA.
(e) DBS Smart Card Replacement Fee. Smart Cards are nontransferable. Subscriber’s
Smart Card will only work in the DBS Receiver unit that came with it. If Subscriber
reports to Pavlov Customer Support that Subscriber’s DBS Smart Card for Subscriber’s
DBS Receiver unit is lost, stolen, or damaged then Subscriber will be charged a DBS
Smart Card Replacement Fee as set forth in Section 3.4 of this VSSA. If the Smart
Card(s) is found to be defective, but not attributable to misuse, damage, neglect or abuse
by Subscriber, the Smart Card will be replaced at no cost to Subscriber.
(f) Disconnection and Reconnection of Service Fees. In the event that Subscriber's
credit card cannot be charged for any reason, Pavlov may disable any or all of the Video
Services or Internet Access Services, and Subscriber will be charged a Disconnection of
Service Fee immediately as set forth in Section 3.4 of this VSSA. To restore service,
Subscriber shall be required to pay a Reconnection of Service Fee as set forth in Section
3.4 of this VSSA. Termination of Video Services does not eliminate or reduce the
obligation of Subscriber to pay all sums due hereunder that were incurred as part of
Subscriber’s usage of the Video Services or Pavlov’s efforts to collect fees as part of the
Video Services.
(g) Programming Downgrade Fee. Subscriber will be charged a Programming Downgrade Fee per event as set forth in Section 3.4 of this VSSA, at subscribers request, to reduce programming services. Additional fees apply for Adult Programming.
(h) Overnight Delivery Fee. Subscriber will be charged an Overnight Delivery Fee per
event as set forth in Section 3.4 of this VSSA, at Subscribers request, to expedite
shipment of any equipment or materials from Pavlov to Subscriber. These shipments will
be performed in accordance with the timelines and guidelines set forth by the selected
carrier. If expedited shipment is not requested by Subscriber, Pavlov will ship equipment
and materials using shipping methods selected at its sole discretion and no additional
charges will be billed to Subscriber.
(i) Early Termination Fee. Subscriber will pay Pavlov an Early Termination Fee as set
forth in Section 3.4 and as described in Section 4.1 for any Video Service packages
requiring a minimum term length.
Additional Fees and Charges Table:
3.5 Service Outages. The Video Services are provided using multiple programming vendors. Therefore, the Video Services cannot be solely controlled by Pavlov. Periodic short-duration outages in service (all Video Services or one or more specific channels) should be expected and Subscriber acknowledges these outages are beyond Pavlov’s control and considered an unavoidable event associated with the use of satellite broadcast video services. Individual, continuous service disruptions of seven (7) days or less will not be subject to credit from Pavlov to Subscriber. Outages exceeding seven (7) full days may be credited to Subscriber on a prorated basis per day, per channel for outages involving individual channels, for each full day of outage beyond the first seven (7) days.
Any credits issued will correspond directly to the charges from Pavlov directly to Subscriber for the current month. Credits WILL NOT be issued to Subscriber at any time, or under any circumstances, for services for which Pavlov does not bill Subscriber directly (i.e., DISH Network programming).
3.6 Credits and Refunds. Should a credit or refund be warranted for Subscriber, Pavlov will provide that credit to Subscriber’s account within Pavlov’s billing system rather than directly to Subscriber’s credit card. The only exception to this will occur if Subscriber has terminated the Video Services with Pavlov, properly returned all equipment, and closed its account.
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4.1 Term and Termination for Breach
(a) The term of service ("Term"). The Term shall end on the corresponding date (the
“Anniversary Date”) of the following calendar month after the start date of the service.
Some Services and/or promotions may include a minimum number of Terms or billing
periods. Unless cancelled in accordance with Sections 4.1(b) or 4.1(c) below, the
original Term shall be continually renewed for additional one (1) month terms in
accordance with the Terms and Conditions of this VSSA. Individual partial month
credits will NOT be prorated or issued to Subscriber upon termination if Subscriber
cancels Video Services during a billing cycle (e.g,) if charged for a given month, no
credits will be given after that charge has occurred on Subscribers Anniversary Date).
(b) Termination by Subscriber. If Subscriber chooses to terminate subscription to the
Video Services, Subscriber must submit to Pavlov notice of cancellation of Video
Services at least ten (10) calendar days prior to the end of a Term, as defined by the
Anniversary Date, (including initial or subsequent Terms, and all promotional or trial
offer Terms). Subscriber’s notice of cancellation can be in the form of a telephone
conversation with a Pavlov representative, or by email. If Subscriber is bound to a
minimum number of Terms by their Service Plan, Subscriber must notify Pavlov ten (10)
days prior to the Anniversary Date of the current Term. In cases of early termination by
Subscriber for Service Plans that include a minimum number of Terms, Pavlov will
charge Subscriber an early-termination fee of, in accordance with Section 3.4 of this
VSSA. Actual Video Services usage will be terminated by Pavlov on Subscribers
monthly Anniversary Date, prior to an additional billing cycle(s). The final day of Video
Services, during the final billing cycle, will be used as the Termination Date
(‘Termination Date”) under this Section 4.1(b). Subscriber should not contact DISH
Network directly to terminate DISH Network Programming without the coordination
assistance of Pavlov, and without speaking to Pavlov first, or may be subject to additional
penalties and fees as described in Section 3.4. Any and all DBS Equipment must be
returned to Pavlov in a timely manner as set forth in Section 4.1(d) of this VSSA.
(c) Termination by Pavlov. In Pavlov’s sole discretion, in the event that Subscriber
violates the Terms and Conditions of this VSSA, Pavlov shall have the right to
immediately suspend or terminate any Video Services and/or Pavlov Internet Access
Services to Subscriber, without notice. Pavlov also reserves the right to terminate or
suspend any Subscriber (without notice) that Pavlov, at its sole discretion, determines to
be an abuser of the Video Services. Subscriber will be informed of these actions by
Pavlov by one or more of the following methods in order; I) via telephone in a prompt
manner (if Subscriber can be contacted); ii) by email; and/or iii) by USPS registered
mail, if necessary. The date of contact with Subscriber, either by phone, or receipt of
email or registered USPS mail, shall become the Termination Date for the Subscriber.
Any DBS Equipment must be returned to Pavlov as set forth in Section 4.1(d) of this
VSSA.
(d) Return of DBS Equipment upon Termination. Subscriber must ship all DBS
Equipment in a timely manner as described below, including DBS receiver(s), DBS
Remote(s), DBS Smart Card(s), and DBS User Guides, in suitable packaging, and via
insured carrier at the time of termination of Video Services as described in Sections 4.1b
and 4.1c above. Any DBS Equipment must be returned to Pavlov, in Pavlov’s
possession, within ten (10) business days of Video Services Termination Date (as
described in Sections 4.1(b) and 4.1(c) of this VSSA), or Subscriber shall pay any and all
replacement fees as set forth in Section 3.4 of this VSSA. Subscriber agrees that Pavlov
shall charge these fees directly to Subscriber’s credit card in accordance with Section 3.4, without prior notice. Once charged, these fees are non-refundable and Pavlov reserves the right to refuse or return shipments from Subscriber.
(e) Reconciliation of Accounts upon Termination. In the event that Subscriber's use of
the Video Services is terminated for any reason, no refund of any fees or credits will be
granted. Upon termination, Subscriber shall remain obligated to pay all charges due
hereunder up to and including the Termination Date. In such event, Subscriber shall have
no right to be reconnected, except on terms acceptable to Pavlov in its sole discretion. Return to Top
5.1 Limited Warranty. Pavlov shall perform all work for Subscriber under this VSSA in a good and workmanlike manner, in accordance with manufacturers and/or suppliers standards and specifications, both respecting materials to be used and manner of installation. Subscriber expressly agrees and acknowledges that use of the Video Services is at Subscriber's sole risk, and is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.
5.2 Disclaimer of Other Warranties.
TO THE EXTENT PERMITTED BY LAW,
PAVLOV DISCLAIMS ALL OTHER WARRANTIES ON THE VIDEO SERVICES,
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
PAVLOV, ITS EMPLOYEES, AGENTS, SUPPLIERS, VENDORS AND
DISTRIBUTORS MAKE NO OTHER WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, REGARDING THE QUALITY, ACCURACY, OR
VALIDITY OF THE DATA AND/OR INFORMATION AVAILABLE THROUGH
THE VIDEO SERVICES OR RESIDING ON OR PASSING THROUGH ITS
INTERCONNECTING NETWORKS, OR THAT PAVLOV'S VIDEO SERVICES WILL
BE UNINTERRUPTED OR ERROR FREE. THE DURATION OF ANY
STATUTORILY REQUIRED WARRANTY PERIOD SHALL BE LIMITED TO THE
TERM OF THE LIMITED WARRANTY. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, DEPENDING UPON WHERE YOU LIVE. YOU MAY
HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE AND
COUNTRY TO COUNTRY.
5.3 Exclusive Remedy.
SUBSCRIBER'S EXCLUSIVE REMEDY FOR BREACH OF
THIS VSSA BY PAVLOV, SHALL BE, AT PAVLOV'S OPTION, EITHER (A) THE
REPAIR OR REPLACEMENT OF THE VIDEO SERVICES PRODUCT THAT DOES
NOT MEET PAVLOV'S LIMITED WARRANTY; OR (B) A REFUND OF THE
SUBSCRIPTION FEES SUBSCRIBER HAS PAID PAVLOV UNDER THIS VSSA
OVER THE LAST TWELVE (12) MONTHS.
5.4 Disclaimer of Consequential Damages.UNDER NO CIRCUMSTANCES SHALL
PAVLOV BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES
WHATSOEVER ARISING OUT OF THE USE OF THE VIDEO SERVICES, ADVICE
OF PAVLOV STAFF, OR INABILITY TO USE THE VIDEO SERVICES INCLUDING
WITHOUT LIMITATION, COMPUTER FAILURE, WORK STOPPAGE OR ANY
OTHER DAMAGES, EVEN IF PAVLOV HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND COUNTRIES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
5.5 Limitation On Liability. PAVLOV'S LIABILITY SHALL IN NO EVENT EXCEED
THE LESSER OF FIVE HUNDRED DOLLARS ($500.00) OR THE LAST TWELVE
(12) MONTHS OF SUBSCRIPTION FEES PAID BY SUBSCRIBER TO PAVLOV
HEREUNDER.
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6.1 Arbitration. The parties agree to submit any dispute arising out of or in connection with this VSSA to binding arbitration in Champaign, Illinois, before the American Arbitration Association pursuant to the provisions of this Section 6.1, and, to the extent not inconsistent with this Section 6.1, the rules of the American Arbitration Association. The parties agree that such arbitration will be in lieu of either party's rights to assert any claim, demand or suit in any court action, (provided that either party may elect either binding arbitration or a court action with respect to obtaining injunctive relief to terminate the violation by the other party of such party's proprietary rights, including without limitation any trade secrets, copyrights or trademarks). Any arbitration shall be final and binding and the arbitrator's order will be enforceable in any court of competent jurisdiction.
6.2 Governing Law; Venue. The validity, construction, and performance of this VSSA shall be governed by the laws of the State of Georgia, including its conflict of law principles, and all claims and/or lawsuits in connection with this VSSA must be brought in Champaign County, State of Illinois.
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7.1 Force Majeure. Neither party shall be held responsible for damages caused by any delay, default, or interruption in Video Services due to any contingency beyond its control preventing or interfering with performance hereunder.
7.2 Waiver. The waiver or failure of either party to exercise in any respect any right provided for in this VSSA shall not be deemed a waiver of any further right.
7.3 Severability. If any provision shall be invalid or unenforceable, the remaining provisions shall not be affected thereby, and every provision hereof shall be valid and enforceable to the fullest extent permitted by law.
7.4 Assignment. This VSSA may not be assigned by either party without the prior written consent of the other, except Pavlov may assign this VSSA to any bank lender or to any purchaser of all or substantially all the stock or assets of Pavlov or a third party participating in a merger or other corporate reorganization in which Pavlov is a constituent corporation.
7.5 Entire VSSA. This VSSA is the entire agreement between the parties with respect to the Video Services. Nothing may be amended except by an agreement in writing signed by the parties hereto or their respective successors in interest. The rights and obligations of Subscriber shall be governed by and construed in accordance with the laws of the State of Illinois.
America’s Top 100 Package
America’s Top 100 Package + Locals
DISH Latino Package
DISH Latino Package + Locals
America’s Top 200 Package
America’s Top 200 Package + Locals
DISH Latino Dos Package
DISH Latino Dos Package + Locals
America’s Top 250 Package
America’s Top 250 Package + Locals
DISH Latino Max Package
DISH Latino Max Package + Locals
America’s Everything Package
America’s Everything Package + Locals
America’s Top 200 + HBO/Cinemax
America’s Top 250 + HBO/Cinemax
Dish Networks Premium Programming Packages
HBO THE WORKS (8 channels)
STARZ!/ENCORE (8 channels)
MULTIMAX (5 channels)
SHOWTIME UNLIMITED (11 channels)
A-La-Carte Programming:
The Outdoor Channel
Bloomberg Television
Other Programming: _____________________________________ .
By signing below, the undersigned Subscriber hereby agrees that he/she has read, understands, and acknowledges and fully agrees to the terms and conditions as presented in this Video Subscriber Services Agreement. Subscriber also has read and agrees that the Subscriber information is accurate and correct as entered below.
Subscriber Name
Subscriber SSN or Drivers License No.
Subscriber Address
Subscriber Unit No.
Subscriber Town and State
Subscriber Zip Code
Pavlov Primary Receiver Serial #
Pavlov Primary Receiver Smart Card #
Pavlov Secondary Receiver Serial #
Pavlov Secondary Receiver Smart Card #
Pavlov Tertiary Receiver Serial #
Pavlov Tertiary Receiver Smart Card #
For Technician Use Only:
Hierarchy ID:
Group ID:
Dish Leaf Account #
Authorized Signature:____________________________ Date:_______________________
Installer Signature:_____________________________ Date:_______________________.
Pavlov Video Subscriber Services Agreement Rev 20070620.1
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