THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE SECTION 8), AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE (SEE SECTION 10).
BY CLICKING “I AGREE” OR “ACCEPT”, OR BY USING THE DEVICE, YOU AGREE:
IF YOU DO NOT ACCEPT THESE TERMS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR ORDER OR DIRECTV STREAM SERVICE SUBJECT TO APPLICABLE CANCELLATION TERMS AND/OR FEES DESCRIBED IN THE DIRECTV STREAM TERMS AND CONDITIONS (http://www.directv.com/legal/directv-stream-tos-eula-policy/) , AND/OR TERMINATE USE OF THE DEVICE. IF YOU INSTEAD DECIDE TO RECEIVE OUR SERVICE OR CONTINUE USE OF THE DEVICE, IT WILL MEAN THAT YOU ACCEPT THESE TERMS AND THEY WILL BE LEGALLY BINDING.
2. Internet Connection Required; Connectivity and Availability. To use the Device, you will need an Internet connection, your use of which is subject to the fees, restrictions, terms, and limitations imposed by Your Internet service provider. Some services or applications that are available through the Device may be offered for a limited time, require separate subscriptions and/or require minimum Internet speeds for some or all functionality. We do not guarantee any particular service or application will be available through the Device and are not responsible for any unavailability.
2.1 Purchase and Limitations of Devices. We may limit the number of Devices that may be associated with Your DIRECTV STREAM account, and We may change those limits from time to time at Our sole discretion. You may purchase Devices in addition to any Device You may receive in connection with Your initial subscription to DIRECTV STREAM, for which payment is required and to which additional terms and conditions will apply. Click here for information on the Device cancelation policy and related fee. When You set Your Device as part of registration for and access to DIRECTV STREAM, the location at which You do so will be designated as the residential, non-mobile internet network with which Your Device is associated (“Home Network”). We may implement measures that restrict Your ability to access the DIRECTV STREAM app through certain devices other than those devices that are associated with Your Home Network.
3. Use of Device. Your access to and use of the Device requires You maintaining an active DIRECTV STREAM account. You may access the Device by entering the user ID and password associated with your DIRECTV STREAM Service. If you cancel your subscription to the DIRECTV STREAM Service, you may continue accessing the Device without an active DIRECTV STREAM account using the same or other valid DIRECTV STREAM user ID and password.
5. Google Play Store and In-App Purchases. Many services and applications are accessible on Your Device, including purchases of games, movies, and services made available via third party applications (i.e. in-app purchases) and/or the Google Play storefront (“Content”). Such third-party applications and storefronts may offer the option to charge the purchase of Content to Your DIRECTV STREAM account as a method of payment. Charges may be one–time or recurring. The amount and frequency of the charges will be disclosed to You prior to the time a purchase is made. If You choose to have the charges applied to Your DIRECTV STREAM account, such payments will be charged to the method of payment on Your DIRECTV STREAM account at time of purchase. You are responsible for all authorized charges associated with such Content made by anyone who uses Your Device. You have full-time access to Your purchase transaction history on Your DIRECTV STREAM account, and You are responsible for reviewing Your account to ensure that all charges for Content are accurate. You may contest and seek refunds for unauthorized purchases. We reserve the right to restrict Content purchases or terminate the account of anyone who seeks refunds on improper grounds or otherwise abuses this payment method option
7. Device Software.
7.1 License Grant. Subject to the restrictions set forth in Section 7.2, DIRECTV grants You a personal, revocable, non-exclusive, non-transferable, limited right to use the Device Software solely on the Device itself, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.
7.2 Restrictions on Use. You shall not:
7.3 Open Source Software. The Device Software may include third party software that is subject to open source license terms (“Open Source Software”). You acknowledge and agree that Your right to use such Open Source Software as part of the Device Software is subject to and governed by the terms and conditions of any license applicable to the Open Source Software (the “Open Source License Terms”). In the event of a conflict between the terms of this Agreement and the Open Source License Terms, the Open Source License Terms shall control.
7.4 Proprietary Rights. The Device Software (including its source and object code) and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of DIRECTV or its collaborators, licensors, or suppliers. The source and object code of the Device Software are the proprietary and confidential information of DIRECTV and its collaborators, licensors, and suppliers. The Device Software is licensed, not sold, to You. Title to the Device Software shall remain with DIRECTV. DIRECTV and its collaborators, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to the Device Software at any time without notice and will have no liability for doing so. Except as expressly stated in this Agreement, You are not granted any intellectual property rights in or to the Device Software by implication, estoppel or other legal theory, and all rights in and to the Device Software not expressly granted in this Agreement are hereby reserved and retained by DIRECTV. These obligations survive termination of this Agreement.
7.5 U.S. Government Use. The Device Software and its related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users
8. TERMINATION. Your rights under this Agreement shall automatically terminate without notice to You if You fail to comply with any of this Agreement’s terms. Upon the termination of this Agreement, you shall cease all use of the Device. DIRECTV will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of termination of this Agreement, and termination of this Agreement will be without prejudice to any other right or remedy DIRECTV may have, now or in the future. These obligations and the Dispute Resolution by Binding Arbitration provision of this Agreement survive termination of this Agreement.
9. Dispute Resolution by Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by reaching Our customer service department by calling 1-800-288-2020 to speak to a representative. In the unlikely event that the DIRECTV STREAM customer service department is unable to resolve a complaint You may have to Your satisfaction (or if We have not been able to resolve a dispute it has with You after attempting to do so informally), We each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, DIRECTV will pay all costs of the arbitration. Moreover, in arbitration You are entitled to recover attorneys’ fees from DIRECTV to at least the same extent as You would be in court. In addition, under certain circumstances (as explained below), DIRECTV will pay You more than the amount of the arbitrator’s award and will pay Your attorney (if any) twice his or her reasonable attorneys’ fees if the arbitrator awards You an amount that is greater than what DIRECTV has offered You to settle the dispute.
9.2 Arbitration Agreement
(1) DIRECTV and You agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to DIRECTV should be addressed to DIRECTV, LLC, Consumer Arbitration Demand, P.O. Box 915, El Segundo, CA 90245 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If DIRECTV and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or DIRECTV may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by DIRECTV or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or DIRECTV is entitled. You may download or copy a form Notice and a form to initiate arbitration at directv.com/arbitration-forms.
(3) After you have commenced arbitration, DIRECTV will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, DIRECTV will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Consumer Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at directv.com/arbitration-information. ) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless DIRECTV and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, DIRECTV will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse DIRECTV for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules
(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of DIRECTV’s last written settlement offer made before an arbitrator was selected, then DIRECTV will:
(5) The right to attorneys’ fees and expenses discussed in paragraph (4) supplements any right to attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys’ fees or costs. Although under some laws DIRECTV may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, DIRECTV agrees that it will not seek such an award.
(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND DIRECTV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DIRECTV agree otherwise, 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. If applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from arbitration and may be brought in court.
(7) Notwithstanding any provision in this Agreement to the contrary, we agree that if DIRECTV makes any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision
10. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE DEVICE, INCLUDING ALL SERVICES AND APPLICATIONS ACCESSIBLE THROUGH THE DEVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE DEVICE IS AT YOUR SOLE RISK AND DISCRETION. TO THE EXTENT NOT PROHIBITED BY LAW, DIRECTV AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE DEVICE, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS AGREEMENT, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, DIRECTV AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY OTHER THAN THE WRITTEN WARRANTY FOR THE DEVICE, IF ANY, PROVIDED TO THE PURCHASER OF THE DEVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY, DIRECTV AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE DEVICE WILL MEET YOUR REQUIREMENTS; (II) THE DEVICE WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE DEVICE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE DEVICE WILL BE CORRECTED OR THAT THE DEVICE WILL BE MAINTAINED. YOU ACKNOWLEDGE THAT THE DEVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE DEVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. DIRECTV AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE DEVICE WILL BE COMPATIBLE OR INTEROPERABLE WITH ANY SOFTWARE INSTALLED ON OR USED IN CONNECTION WITH THE DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF THE DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO THE DEVICE, LOSS OF THE DATA LOCATED ON THE DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON THE DEVICE. YOU ACKNOWLEDGE AND AGREE THAT DIRECTV AND ITS COLLABORATORS, SUPPLIERS AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE DEVICE PROVE DEFECTIVE, OTHER THAN THE WRITTEN WARRANTY FOR THE DEVICE, IF ANY, PROVIDED TO THE PURCHASER OF THE DEVICE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
11. Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL DIRECTV, ITS COLLABORATORS, SUPPLIERS OR LICENSORS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR USE OF OR INABILITY TO USE, THE DEVICE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIRECTV’S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE DEVICE OR, IF YOU RECEIVED THE DEVICE AT NO CHARGE, THE AMOUNT YOU PRE-PAID FOR ANY SERVICE IN CONNECTION WITH RECEIVING THE DEVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
12. INDEMNIFICATION. You shall indemnify, defend and hold harmless DIRECTV and its collaborators, suppliers and licensors, and their officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following:
The following provisions survive termination of this Agreement:
13.1 Governing Law, Limitation on Actions. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and DIRECTV agree that any cause of action arising out of or relating to this Agreement or Your use of the Device must commence within one (1) year after the applicable cause of action accrues in accordance with the dispute resolution provision. Otherwise, such cause of action is permanently barred.
13.2 Contact Information. You may reach DIRECTV STREAM Customer Service by calling 1-800-288-2020 to speak to a representative.
13.3 Electronic Communications. We may communicate with You about Your use of the DIRECTV STREAM device and this Agreement in the Settings section of the DIRECTV STREAM device and/or via email to the email address registered with Your DIRECTV STREAM account. You hereby consent to receive those communications and agree that any communications We send to You via the Settings section of the DIRECTV STREAM device or electronically to the email address registered with Your DIRECTV STREAM account will satisfy any applicable legal notice requirement. It is Your responsibility to notify Us of any changes to Your email address and We shall have no liability resulting from Your failure to receive any communication sent to the email address registered with Your service account unless We receive written notice from You of a change to your email address. You may update your email address at any time by going to your online account.
13.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
13.5 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
13.6 Export Control; Lawful Use. You may not export or re-export the Device except as authorized by United States law and the laws of the jurisdiction(s) in which the Device was obtained. You represent and warrant that You are not located and will not use the Device in any country that is (a) subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. You may not use the Device in any manner or for any purpose prohibited (a) by United States law, regardless of where You use the Device, or (b) by local law, in the jurisdiction(s) in which You use the Device.
13.7 Performance or Benchmark Testing. You may not disclose the results of any benchmark test using the Device to any third party without DIRECTV’s prior written approval.
13.8 Modification or Amendment. To the extent not prohibited by law, DIRECTV may modify or amend the terms of this Agreement at any time, with or without direct notice to You, by posting a copy of the modified or amended Agreement available through the user interface of the Device and/or at att.com. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Device following the date in which the modified or amended Agreement is made available through the user interface of the Device or at att.com.
13.9 Survival. Any provisions of this Agreement which by their express language or by their context are intended to survive the termination of this Agreement shall survive such termination.
13.10 Third Party Beneficiaries. Except as explicitly provided in this Agreement or in its incorporated agreements, nothing contained in this Agreement is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
13.11 No Transfer by You. You may not transfer Your rights or obligations under this Agreement. Any attempted transfer by You in contravention of this Agreement shall be null and void. DIRECTV may assign this Agreement without restriction. You may not resell the Device.
13.12 Entire Agreement. This Agreement including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Device and supersedes all prior or contemporaneous understandings regarding such subject matter
Third Party Terms
Open Source License Terms. The Device Software may use, incorporate, or access software that is subject to the following Open Source License Terms (“Open Source Software”) which are accessible at the links provided below and which are incorporated in this Agreement by this reference: