Terms & Conditions
The Agreement and the Customer Privacy Notice use the term “Service” to refer to all video programming services that are treated as “video services” under applicable law. In general, the term includes all of the “digital television” packages offered by Sierra Television.
GENERAL TERMS AND CONDITIONS
1. ACCEPTANCE OF THIS AGREEMENT
Customer will have accepted this Agreement and be bound by its terms if Customer uses the Service or otherwise indicates Customer’s affirmative acceptance of such terms.
2. CHARGES AND BILLING POLICIES
- How We Will Bill You. Sierra Television bills on a month-to-month basis. Charges for services start upon installation. Sierra Television will bill you each month in advance for the Service and applicable regulatory recovery fees for municipal, state and federal government fees or assessments imposed on Sierra Television, permitted fees and cost recovery charges, or any programs in which Sierra Television participates, including, but not limited to, public, educational, and governmental access, rights-of-way access, and any fees or payment obligations imposed by governmental or quasi-governmental bodies for the sale, installation, use, or provision of the Service (except for items like installation, other one-time work, and pay-per-view movies or events, which will be billed in arrears). Sierra Television seeks to make bills clear, concise and understandable and may specifically identify each of these taxes and fees on the Customer’s bill so that the Customer will know what is being paid for service. The bills you receive will show the total amount due and the payment due date. The Customer’s monthly statement may also contain contact telephone numbers and addresses and special messages, such as those regarding service or rate changes. Customers are requested to take the time to read the monthly messages and to review each bill. The Customer generally will be billed at the same time each month. The Customer agrees to pay Sierra Television monthly, in full, by the payment due date. Sierra Television will advise you of the amount of the rates for the Service and other charges at or before you contract for the Service, prior to the time Sierra Television implements or assesses new or changed fees, unless the change in price is related to a change in governmental or quasi-governmental taxes, fees, or assessments, in which case we may elect not to provide notice except where required by applicable law, and in Sierra Television annual mailings to you thereafter.
- Payment by Credit Card or Check. If you use a credit card to pay for the Service, use of the card is governed by the card issuer agreement, and you must refer to that agreement for your rights and liabilities as a cardholder, If Sierra Television does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand, If you make payment by check, you authorize Sierra Television to collect your check electronically, You agree that you may not amend or modify this Agreement with any restrictive endorsements (such as “paid in full”), or other statements or releases on or accompanying checks or other payments accepted by Sierra Television and any such notations shall have no legal effect.
- Late or Non-Payments. You may be billed fees, charges, and assessments related to late or non-payments if for any reason (a) Sierra Television does not receive payment for the Service by the payment due date or (b) you pay less than the full amount due for the Service. YOU WILL BE ASSESSED A LATE FEE IN THE MAXIMUM AMOUNT ALLOWED BY LAW PER MONTH FOR ANY PAYMENT AMOUNT THAT HAS NOT BEEN PAID IN FULL AFTER 45 DAYS FROM THE DATE THE INVOICE WAS SENT.
- Fees Not Considered Interest or Penalties. Sierra Television does not anticipate that you will fail to pay for the Service on a timely basis, and we do not extend credit to customers, Any fees, charges, and assessments due to late payment or nonpayment are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments, These costs will be difficult to calculate or to predict when we set such fees, charges, and assessments, because we cannot know in advance: (a) whether you will pay for the Service on a timely basis, if ever; (b) if you do pay late, when you will actually pay; and (c) what costs we will incur because of your late payment or non-payment. Sierra Television may also charge a handling fee for returned checks.
- Partial Payments. We do not waive our rights to collect the full balance owed to us by accepting partial payment. We will apply the partial payment to the outstanding charges in the amounts and proportions that we determine, except where Sierra Television is required to apply payment first to certain regulated service(s).
- Disconnect & Reconnection. Subject to applicable law, Sierra Television may in its sole discretion discontinue the Service if a bill is not paid by the due date. Disconnection of the Service or termination of the Agreement will not relieve the Customer of any payment obligations. Sierra Television may require a Customer to pay all past-due charges, a reconnection fee, and a minimum of one (1) month’s advance charges before Sierra Television reconnects service. Further, if a Customer does not reconnect, any rental or other Sierra Television Equipment must be returned in good working condition or the Customer will be charged for any equipment not returned or not returned in good working condition. In cases where disconnection of regulated service for other nonpayment(s) is limited or prohibited, or where a procedure for disconnection of service is established by law and/or regulation, Sierra Television will follow such law and/or regulation.
- Collection Costs. If Sierra Television uses a collection agency or attorney to collect money that you owe Sierra Television or to assert any other right that Sierra Television may have against you, or to defend a claim you make that is shown to be without merit, then, subject to applicable law, you agree to pay the reasonable costs of collection or other action. These costs might include, but are not limited to, the costs of a collection agency, reasonable attorneys’ fees, court costs and other costs.
- Third-Party Charges That Are Your Responsibility. You acknowledge that you may incur charges with third-party service providers such as accessing on-line services or purchasing or subscribing to other offerings via the Internet or interactive options on your Service that are separate and apart from the amounts charged by us, You are solely responsible for all such charges payable to third parties, including all applicable taxes. In addition, you are solely responsible for protecting the security of credit card and other personal information provided to others in connection with such transactions.
- Our Right to Make Credit Inquiries. YOU AUTHORIZE SIERRA TELEVISION TO MAKE INQUIRIES AND TO RECEIVE INFORMATION ABOUT YOUR CREDIT EXPERIENCE FROM OTHERS, TO ENTER THIS INFORMATION IN YOUR FILE, AND TO DISCLOSE THIS INFORMATION CONCERNING YOU TO APPROPRIATE THIRD PARTIES FOR REASONABLE BUSINESS PURPOSES. Sierra Television will not discriminate in the application of its credit inquiries and deposit policy on the basis of race, color, sex, creed, religion, nationality, sexual orientation, or marital status. Any risk assessments conducted by either Sierra Television or its third party credit bureau will be done in conformance with the requirements of all applicable state or federal laws.
- Billing Questions & Disputes. Subject to applicable law, if you intend to dispute a charge or request a billing credit, you must contact Sierra Television within sixty (60) days of the date on the bill. You waive any disputes or credits that you do not report within sixty (60) days.
3. CHANGES IN SERVICES AND CHARGES.
Sierra Television may modify the rates, or terms of service from time to time and will notify the Customer if that occurs. Sierra Television will send the Customer a written notice in advance of the change, informing the Customer of the nature of the change and its effective date. A change may be identified through a message on the bill or in a bill insert, or separately in another manner permitted by law. Notice of changes in rates, programming services or channel positions within Sierra Television’s control will be given at least thirty (30) days in advance. (Notice of changes in rates that are the result of modifications in regulatory fees, taxes, assessments, or charges of any kind imposed by any Federal, state or local authority is not required by law.)
If a modification of the Service or the Agreement is unacceptable to you, you have the right to cancel the Service prospectively, paying Sierra Television for all Service through the time of termination, and returning all Sierra Television rented equipment. If the Customer continues to take the Service after the effective date of any change, that will be deemed to be acceptance by you of the change, and the Service and Agreement, as changed, will continue in effect.
To the extent required by law and the applicable video franchise, after notice to the Customer of a change of Services, a Service re-tiering, or a price increase, the tiers established in a specific video Service package may change. Instead of a rate increase, the Customer may be provided a modified bundle of channels without an increase in rates. Changes requested by the Customer to the Services he or she receives also may result in an increase or change of Service charge. Over time, some Service packages and some Service bundles may no longer be available. Individual channels may be added or deleted by Sierra Television in its sole judgment.
The Customer may obtain information about the current fees and prices for any Sierra Television video Services and bundles that include video Service by calling the local Customer Care office. This office can be reached at 877-658-4611. The office phone number may also be found in the Welcome Kit, on the Sierra Television Website, or on your monthly bill statement. Service information is also provided to Customers annually in a separate mailing or bill statement.
4. ASSIGNMENT OF ACCOUNT
A Customer may not assign his or her account or transfer the service to anyone without prior written approval of Sierra Television. The Customer remains responsible for all payments due until the Service covered by the Agreement is fully paid for, is properly terminated, or Sierra Television approves the prospective assignment and transfer of the Service in writing. Payment obligations that accrued prior to the termination or permitted assignment of Service must be paid by the Customer. We may freely assign our rights and obligations under this Agreement with or without written notice to you.
5. TERMINATION OF SERVICE
The following terms apply to Service termination:
- Voluntary Termination By Customer. Unless the Customer has otherwise agreed to a “Service term” (for example, where the Customer has committed to purchase Service for a 24 month period in exchange for waiver of installation & wiring fee), the Customer has the right to cancel the Service for any reason at any time by giving Sierra Television notice in one of three ways: (1) send a written notice to the postal address of Sierra Television’s business office; (2) send an electronic notice to the e-mail address specified on sierratel.com/television; or (3) call our Customer Care Center toll-free telephone access line during normal business hours. Subject to applicable law or the terms of any agreements with governmental authorities, all applicable fees and charges for the Service will accrue and shall be paid by Customer until this Agreement has terminated, the Service has been disconnected, and all Sierra Television Equipment has been returned in good working condition. The Customer will be liable for an early termination charge (equal to the installation fee that would have been charged to and payable by Customer if there were no Service term) if there is a Service term commitment and the Customer terminates early. Sierra Television will refund any balance due within approximately 20 business days following the later to occur of (i) the Customer’s notice to Sierra Television to discontinue the Service, or (ii) the return of any Sierra Television Equipment the Customer may have, but not later than thirty 30 days thereafter.
- Termination or Suspension By Sierra Television. In certain circumstances, Sierra Television reserves the right, subject to applicable law, to act immediately and without notice to suspend or terminate the Service without cancelling the Agreement. Sierra Television may take these actions if it: (1) determines that your use of the Service does not conform with the requirements set forth in this Agreement, (2) determines that your use of the Service interferes with Sierra Television’s ability to provide the Service to you or others, (3) reasonably believes that your use of the Service may violate any laws, regulations, or written and electronic instructions for use, or (4) reasonably believes that your use of the Service interferes with or endangers the health and/or safety of our personnel or third parties. Sierra Television’s action or inaction under this Section shall not constitute review or approval of your or any other users’ use of the Service or information transmitted by or to you or other users.
- Customer Obligations Upon Termination. You agree that upon termination of this Agreement you will do the following:
- You will immediately cease all use of the Service(s) and all Sierra Television Equipment;
- You will pay in full for your use of the Service up to the date that this Agreement has been terminated and the Service is disconnected; and
- Within ten (10) days of the date on which Service is disconnected, you will return all Sierra Television Equipment to us at our local business office or to our designee in good working order, normal wear and tear excepted. Otherwise, you will be charged the amount set forth in the current pricing lists for such Sierra Television Equipment, or the revised amount for which you receive notice; if no amount has been specified for the particular model of Sierra Television Equipment, you will be charged the retail price for a new replacement. You may also be charged incidental costs that we incur in replacing the Sierra Television Equipment. Upon our request during regular business hours at a time agreed upon by you and us, you will permit us and our employees, agents, contractors, and representatives to access the your premises where the Sierra Television Equipment is located and installed during regular business hours to remove all Sierra Television Equipment and other material provided by Sierra Television.
6. SERVICE-RELATED EQUIPMENT, WIRING, & CHARGES
- Wiring Charge Waiver – Sierra Television will install wiring inside the property (“Inside Wiring”) at which the Service and/or Sierra Television Equipment will be provided (the “Premises”) and other materials on the Customer’s Premises as may be necessary to deliver the Service when Customer agrees to a two year commitment for the Service. In this instance, all equipment, including Inside Wiring, and materials installed by Sierra Television will be and shall remain the property of Sierra Television, free from any claim of Customer or any third party who succeeds to possession or ownership of the Premises, but subject to any legal requirements or conditions. All Inside Wiring work performed by Sierra Television will be covered by a 30 day warranty pursuant to Section 10 below. Customer will be financially responsible for maintenance of Inside Wiring after the warranty period expires. Inside Wiring is treated under the law in a way that is different from equipment. Sierra Television retains ownership of all Inside Wiring it installs. Any Inside Wiring that a Customer installs shall be owned by the Customer. At the time the Customer terminates the Service, Sierra Television may elect to relinquish ownership of its Inside Wiring, but shall retain its ownership of any other Sierra Television Equipment at the Premises.
- Sierra Television Equipment.
- “Sierra Television Equipment” means all software or “downloads” to Customer Equipment or Sierra Television Equipment and all new or reconditioned equipment installed, provided or leased to you by us or our agents, including; but not limited to, cabling or wiring and related electronic devices, DSL routers, set-top devices, cable modems, voice-capable modems, wireless gateway/ routers, CableCARDs, and any other hardware excluding equipment purchased by you from Sierra Television.
- All Sierra Television Equipment shall remain the property of Sierra Television (unless Sierra Television elects to sell it to the Customer and it is fully paid for by Customer) and will not be deemed fixtures or in any way part of the Premises. You agree to use Sierra Television Equipment only for the Service pursuant to this Agreement. We may remove or change the Sierra Television Equipment at our discretion at any time the Service is active or following the termination of your Service. You agree that our addition or removal of or change to the Sierra Television Equipment may interrupt your Service. You may not sell, lease, abandon, or give away the Sierra Television Equipment, or permit any other provider of video services to use the Sierra Television Equipment. The Sierra Television Equipment may only be used in the Premises. At your request, we may relocate the Sierra Television Equipment in the Premises for an additional charge, at a time agreeable to you and us. You understand and acknowledge that if you attempt to install or use the Sierra Television Equipment or Service at a location other than the Premises, the Service may fail to function or may function improperly. You agree that you will not allow anyone other than Sierra Television or its agents to service the Sierra Television Equipment. All Sierra Television Equipment shall be returned to Sierra Television within 10 days of Service termination, or equipment charges will apply. Sierra Television may rent new, used, or reconditioned Sierra Television Equipment to the Customer at Sierra Television’s sole option. The equipment must be returned to a Sierra Television’s office, in good working order, normal wear and tear excepted, or Customer will be charged for a replacement, for all repair charges for damaged Sierra Television Equipment, and for any other charges to make Sierra Television whole related to each piece of Sierra Television Equipment not returned as required. The Customer will be responsible for paying all costs incurred by Sierra Television incurred in the repair, replacement, or recovery of the Sierra Television Equipment, including but not limited to attorneys’ fees and costs, investigator fees, witness fees and court costs. The Customer is responsible for preventing the loss of, or damage to, Sierra Television Equipment. Should you experience problems with Sierra Television Equipment, replacement equipment may be obtained by calling and scheduling an appointment with the Customer Care Center, or returning and exchanging the defective Sierra Television Equipment in person at the offices identified in the Welcome Kit. A Customer should consider covering Sierra Television Equipment under a homeowner’s, renter’s, or other insurance policy.
- Customer Equipment.
- “Customer Equipment” means software, hardware or services that you elect to use in connection with the Service or Sierra Television Equipment, including but not limited to Inside Wiring installed by Customer, televisions, home theater related equipment, telephones and related equipment, DVD players, antennas, digital video recorders, and personal computers or other data-related equipment. You agree to allow us and our agents the rights to insert cable cards and other hardware in the Customer Equipment, send software and/or “downloads” to the Customer Equipment and install, configure, maintain, inspect and upgrade the Customer Equipment and Sierra Television Equipment. You warrant you are either the owner of the Customer Equipment or that you have the authority to give us access to the Customer Equipment. If you are not the owner of the Customer Equipment, you are responsible for obtaining any necessary approval from the owner to allow us and our agents access to the Customer Equipment to perform the activities specified above. In addition, you agree to supply us or our agents, if we ask, the owner’s name, address and phone number and/or evidence that the owner has authorized you to grant access to us and our agents to the Customer Equipment to perform the activities specified above.
- Customer Equipment that does not meet Sierra Television’s minimum technical or other specifications constitutes a “Non-Recommended Configuration.” Neither Sierra Television nor any of its affiliates, suppliers or agents warrant that a Non-Recommended Configuration will enable you to successfully install, access, operate, or use the Service. You acknowledge that any such installation, access, operation, or use could cause Customer Equipment to fail to operate or cause damage to Customer Equipment, you, your Premises, or Sierra Television Equipment. Neither Sierra Television nor any of its affiliates, suppliers, or agents shall have any liability whatsoever for any such failure or damage. Sierra Television reserves the right to deny you customer support for the Service and/or terminate Service if you use a Non-Recommended Configuration.
- Equipment Updates – You agree by using the Service, you are enabling and authorizing Sierra Television, its authorized agents and equipment manufacturers to send code updates to the Sierra Television Equipment and Customer Equipment, including, but not limited to, DSL routers, set-top devices, cable modems, and devices with CableCARDs, at any time it is determined necessary to do so as part of the Service. Such code updates may change, add or remove features or functionality of any such equipment or the Service.
- Other Wiring Charges – Except as provided in Section 6(a) above, Customer is responsible for the wiring required to bring the Service to set-top device(s). All installations, repairs and custom work will be subject to a charge as identified in the Sierra Television Price/Rate and Programming Disclosure. All Inside Wiring work performed by Sierra Television will be covered by a limited 30 day warranty pursuant to Section 10 below. Customer will be responsible for maintenance of inside wiring after the warranty period expires.
- Set-top Device – Customer may choose to purchase or rent set-top devices from Sierra Television. Only Sierra Television approved set-top devices will be supported.
- Unauthorized Devices or Connections – The Customer agrees not to attach unauthorized devices to Sierra Television Equipment or Inside Wiring. If the Customer makes any unauthorized connections or modifications to Sierra Television Equipment, Inside Wiring, or any other part of the Sierra Television network, the Customer will be in breach of this Agreement, the limited warranty in Section 10 below shall be void, and Sierra Television will have the right to immediately terminate the Service and recover such damages as may result from your actions. You also agree that we may recover damages from you for tampering with any Sierra Television Equipment or any other part of our network or for receiving unauthorized Service. The unauthorized reception of the Service may also result in criminal fines and/ or imprisonment.
- Other Devices – Sierra Television is not responsible for problems with the operation of, nor does it provide maintenance service for Customer Equipment even if it is attached to Sierra Television Equipment.
- Set-top Device Repair – A Customer should not attempt to open, change or repair any Sierra Television Equipment. Sierra Television is responsible for fixing Sierra Television Equipment that may have defects. Problems with Sierra Television Equipment caused by Customer tampering, neglect or abuse will be remedied at the Customer’s sole expense. Sierra Television recommends that you unplug applicable Sierra Television Equipment during any storm with lightning potential.
7. INSIDE HOME WIRING
Inside Wiring can be installed by either Sierra Television or by a Customer. It is the policy of Sierra Television to maintain ownership of all Inside Wiring (and all other wiring) at the Premises installed by Sierra Television at no charge, to the maximum extent that its ownership is allowed to be maintained by applicable law and regulation. Although Sierra Television retains ownership of such Inside Wiring, the Customer is responsible for any negligence and damage to the Sierra Television Inside Wiring. The Customer may not cut, terminate, alter or harm Sierra Television Inside Wiring.
Customer may choose to pay Sierra Television to install the Inside Wiring, and in such cases, Customer shall exclusively own and be responsible for said Inside Wiring.
The Customer is not prohibited by law or by the service agreement from installing his or her own Inside Wiring , however, Sierra Television may require compliance with certain technical specifications, and the Customer is responsible for ensuring that its Inside Wiring complies with any and all Sierra Television technical specifications for the Service. The Customer may not connect any wiring, device or equipment to any Inside Wiring in a way that impairs the integrity of Sierra Television’s network, such as by creating signal leakage, allowing theft of Service, or violating any government laws or regulations. The Customer may not make any attachments to the Inside Wiring that result in a degradation of signal quality to any person.
If the Customer is in good standing and terminates Service, Sierra Television will generally not elect to remove Inside Wiring, unless there are circumstances that would cause Sierra Television to do so.
8. ACCESS TO CUSTOMER’S HOMES
The Customer authorizes Sierra Television or its designee to enter the Premises to make connections, install, configure, maintain, inspect, upgrade, replace and remove the Service and/or Sierra Television Equipment and perform other tasks which are necessary or desirable to enable Sierra Television to provide the Service, including connecting and making necessary attachments to any Inside Wiring. The Customer authorizes Sierra Television or its designees to enter the Premises in the Customer’s presence or the presence of Customer’s representative, at any time during normal business hours or by appointment, to install, inspect, maintain, replace, remove or otherwise deal with the Services and equipment supplied by Sierra Television. The Customer should ask for proper identification. The Customer also grants Sierra Television permission to run wiring and to drill holes as necessary in or into the Premises – in standard installation locations or other locations agreed to jointly by Customer and Sierra Television – to connect Sierra Television services and equipment, and to install Sierra Television Inside Wiring.
You warrant that you are either the owner of the Premises or that you have the authority to give us access to the Premises. If you are not the owner of the Premises, you are responsible for procuring all consents required for any installation. The Customer guarantees the consent of any other person, firm or institution whose consent may be required, to the entry upon the Customer’s property by Sierra Television for the purposes of installation, maintenance and removal of equipment and inside wiring, and to the continuous use by Sierra Television, without hindrance, of any existing or future public utility easement on or through the Premises. This authorization includes the right for Sierra Television or a Sierra Television designee to be on any property outside the Premises at reasonable times, even if the Customer is not at home. If the Customer is not the owner of the Premises, Customer agrees to supply Sierra Television or the Sierra Television designee, upon request, with the owner’s name and address, proof of consent to access the home and/or property, and to use any public utility easement.
9. PRIVATE VIEWING OF UNAUTHORIZED VIDEO SERVICE OR OTHER VIDEO CONTENT
Sierra Television provides Service to a Customer solely for his or her private home viewing, use and enjoyment, and that of other members of the household. The Customer agrees that the programming provided over the network will not be viewed in areas open to the public. The programming may not be rebroadcast, retransmitted or performed, nor may admission be charged for its viewing without first obtaining written consent, in advance, from Sierra Television and also from the Sierra Television programming supplier(s), who hold rights to their programming. This consent may be withheld in Sierra Television’s sole discretion or in the sole discretion of the Sierra Television’s programming supplier(s).
The Customer may not use the set-top device or Sierra Television Equipment at any location other than the Premises without prior written authorization from Sierra Television, such authorization to be given or withheld in Sierra Television’s sole and absolute discretion. A Customer that violates this requirement will be responsible for all resulting claims, fines, and damages.
The technology of pay-per-view, digital broadcasting, and other programming transmission is rapidly evolving. Occasionally, suggestions are made to parties involved in the video business, including Sierra Television programming or equipment suppliers, that certain activities are or may be infringing on valid patents. Sierra Television reserves the right to take such action as it determines is necessary or appropriate, in its sole discretion, to address any such claims raised to it or to others.
10. LIMITED WARRANTY
For a period of 30 days from an installation or repair, Sierra Television warrants that the service, inside wiring and rented equipment performed, installed or repaired will meet any applicable FCC and industry standards, will operate or perform under normal conditions, and will be free from material defects in materials or workmanship. If a Customer reports any defect or failure within this period, Sierra Television will re-perform the non-conforming work, repair or replace the non-conforming inside wiring and/or rented equipment, and restore performance to any required standards. Re-performance of work and repair or replacement of Inside Wiring and/or Sierra Television Equipment is the sole remedy available under this limited warranty or otherwise, regardless of the event or the nature of the claim, except to the extent this limitation is itself limited by applicable law. Sierra Television makes no warranty or representation regarding any results that may be obtained for the use of the Services, regarding the accuracy or reliability of any information obtained through the Services, regarding goods or services purchased or obtained through the Services, regarding any transactions entered into through Sierra Television or its services, or that the Services will meet any user’s requirements, be uninterrupted, timely, secure or error-free. The Customer assumes responsibility and risk for all use of the Service by any person. This warranty gives the Customer specific legal rights. The Customer also may have other legal rights.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN FACT OR IN LAW. EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, SIERRA TELEVISION DISCLAIMS AND EXCLUDES ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
11. LIMITATION OF LIABILITY
- Application. The limitations of liability set forth in this Section apply to any acts, omissions, and negligence of Sierra Television and its underlying third-party service providers, agents, suppliers, distributors, licensors and business partners (and their respective officers, employees, agents, contractors or representatives) which, but for this provision, would give rise to a cause of action in contract, tort or under any other legal doctrine.
- Disruption of Services. Sierra Television will not be liable for any delay or failure to perform its obligations, including interruption in Service, if such delay or non-performance arises in connection with any acts of God, fires, earthquakes, floods, strikes, or other labor disputes, severe weather, war, riot or insurrection, explosion, acts of any court or governmental body, inability to access the Premises, failure of any signal at the transmitter, failure of a communications satellite, or any other cause beyond Sierra Television’s reasonable control. The Customer understands that in providing the Service, Sierra Television is possibly making use of poles, conduit, or media owned by one or more governmental subdivisions or utility companies, or in which such entities have an ownership or other interest, and that continued use of this infrastructure is in no way guaranteed. In all other cases of an interruption of the Service, you shall be entitled upon a request made within sixty (60) days of such interruption, to a pro rata credit for any Service interruption exceeding twenty-four consecutive hours after such interruption is reported to us, or such other period of time as may be specifically provided by law. Unless specifically provided by law, such credit shall not exceed the fixed monthly charges for the month of such Service interruption and excludes all nonrecurring charges, one-time charges, per call or measured charges, regulatory fees and surcharges, taxes and other governmental and quasigovernmental fees. EXCEPT AND UNLESS SPECIFICALLY PROHIBITED BY LAW, SUCH CREDIT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR AN INTERRUPTION OF SERVICE. Any credits provided by Sierra Television are at our sole discretion and in no event shall constitute or be construed as a course of conduct by Sierra Television.
- Customer Equipment. CUSTOMER EQUIPMENT MAY BE DAMAGED OR SUFFER SERVICE OUTAGES AS A RESULT OF THE INSTALLATION, SELF-INSTALLATION, USE, INSPECTION, MAINTENANCE, UPDATING, REPAIR, AND REMOVAL OF SIERRA TELEVISION EQUIPMENT, CUSTOMER EQUIPMENT AND/OR THE SERVICE. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER SIERRA TELEVISION NOR ANY OF ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, LOSS, OR DESTRUCTION TO THE CUSTOMER EQUIPMENT. IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY SIERRA TELEVISION , SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS WE SHALL PAY AT OUR SOLE DISCRETION FOR THE REPAIR OR REPLACEMENT OF THE DAMAGED CUSTOMER EQUIPMENT UP TO A MAXIMUM OF $500. THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO SUCH ACTIVITY.
- Other Services or Equipment. BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL CLAIMS AGAINST SIERRA TELEVISION FOR INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY BETWEEN THE SIERRA TELEVISION EQUIPMENT OR THE SERVICE(S) AND ANY OTHER SERVICE, SYSTEMS, OR EQUIPMENT. IN THE EVENT OF SUCH INTERFERENCE, DISRUPTION, OR INCOMPATIBILITY, YOUR SOLE REMEDY SHALL BE TO TERMINATE THE SERVICE(S) IN ACCORDANCE WITH SECTION 5.
- Damages. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER SIERRA TELEVISION NOR ITS AFFILIATES, SUPPLIERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, LICENSORS OR BUSINESS PARTNERS SHALL UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, TORT OR CONTRACT) SHALL HAVE ANY LIABILITY TO THE CUSTOMER OR TO ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, TREBLE, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR DEATH) , OR DAMAGES FOR LOSS OF USE, DATA OR OTHER INTANGIBLES THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH (a) YOUR RELIANCE ON OR USE OF THE SIERRA TELEVISION EQUIPMENT OR THE SERVICE OR (b) THE INSTALLATION, SELF-INSTALLATION, MAINTENANCE, FAILURE, OR REMOVAL OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY MISTAKES, OMISSIONS, INTERRUPTIONS, COMPUTER OR OTHER HARDWARE OR SOFTWARE BREACH, FAILURES OR MALFUNCTIONS, DELETION OR CORRUPTION OF FILES, WORK STOPPAGE, ERRORS, DEFECTS, DELAYS IN OPERATION, DELAYS IN TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE, THE SIERRA TELEVISION EQUIPMENT, OR THE CUSTOMER EQUIPMENT, OR ANY OTHER MISTAKES OR OMISSIONS, EVEN IF SIERRA TELEVISION HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE RESULTING FROM THE USE OF OR THE INABILITY TO USE SIERRA TELEVISION SERVICES, EQUIPMENT OR INSIDE WIRING.
- Survival of Limitations. All representations, warranties, indemnifications, and limitations of liability contained in this Agreement shall survive the termination of this Agreement; any other obligations of the parties hereunder shall also survive, if they relate to the period before termination or if, by their terms, they would be expected to survive such termination.
12. INDEMNIFICATION AND LIABILITY BY CUSTOMER
THE CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS SIERRA TELEVISION AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, BUSINESS PARTNERS, AND AGENTS FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES AND COSTS) ARISING FROM: (A) YOUR USE OF THE SERVICE OR SIERRA TELEVISION EQUIPMENT; (B) VIOLATION OR INFRINGEMENT OF CONTRACTUAL RIGHTS, PRIVACY, CONFIDENTIALITY, COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS ARISING FROM YOUR USE OF THE SERVICE OR ANY UNAUTHORIZED APPARATUS OR SYSTEM; AND (d) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.
13. LEASED ACCESS
Sierra Television complies with FCC regulations on leased access if applicable. Leased access permits members of the public to use Sierra Television facilities for the dissemination of certain programs or programming on leased access channels on terms established from time to time by Sierra Television. Sierra Television is not responsible for the nature or content of leased access programming. Programs that contain significant amounts of hard core or adult content or content that Sierra Television believes would be unreasonably violent will be encrypted or scrambled to the extent permitted by law. Customers interested in viewing such programming may call and request that the signal to their residence be unscrambled or de-encrypted for this programming.
Except as provided in this Agreement or otherwise required by law, if Sierra Television sends you a notice, it will be considered given when deposited in the U.S. mail, addressed to you at the Customer’s last known address, or hand delivered to you or to the Customer’s home. Sierra Television may provide electronic or telephone notice to you, which shall be considered delivered when sent to the Customer’s number or email address. Sierra Television may also provide some notices through the Sierra Television website. The law also allows Sierra Television in some cases to provide notice using any other reasonable written means at its sole discretion. If you give notice to us, it will be deemed given when actually received at the Sierra Television corporate address.
15. ANNUAL NOTICE
Sierra Television will provide to Customers written information on each of the following areas at the time of installation of service, at least annually, and at any time on Customer request:
- Products and services offered
- Prices and options for programming services and conditions of subscription to programming and other services
- Installation and service maintenance policies
- Instructions on how to use the cable Service
- Channel positions of programming carried on the service
- Billing and complaint procedures, including the address and telephone number of the governing franchise authority’s cable office.
16. CUSTOMER SERVICE POLICIES/COMPLAINT PROCEDURES
Customer Care Walk-In Service Center offices are located in Oakhurst and Mariposa California, and are open for walk-in visits 8am – 5pm every weekday, and 10am – 4pm in Oakhurst on Saturdays, excluding holidays. Please check the Sierra Television website for current days and hours of operation or changes in Sierra Television’s Customer Care Walk-In Service Center office locations.
Sierra Television maintains a California local, toll-free telephone access line, which is available 24 hours a day, seven days a week, every day of the year, at 877-658-4611. During normal business hours, a customer care representative (“CCR”) is available to deal with customer inquiries. Sierra Television seeks to exceed industry response guidelines and to satisfy Customers.
Sierra Television’s telephone number, address and hours of operation are printed in the Welcome Kit and on the Sierra Television Website. Sierra Television’s Customer Care and Technical Support telephone numbers are also printed on the monthly statement.
If you experience a problem with picture or signal quality, you should review your television and/or VCR owner’s manual for proper adjustment. If the problem does not clear up, you should call the Customer Care and Technical Support number listed on your monthly bill and describe the problem to a CCR. When you call about a service problem during normal business hours, the CCR will determine the nature of the problem. If possible, the CCR will help you resolve the problem over the telephone. If the problem cannot be resolved during the call, the CCR will schedule an appointment for a Service Technician to visit the Customer’s home. In order to correct the problem, we may need access to the Premises. If required, a service call will be scheduled at a time convenient to you. We will make all reasonable efforts to resolve any complaints you have concerning the quality of our signals promptly and efficiently. Excluding conditions beyond our control, we will respond to a service interruption no later than 24 hours after receipt of notification. We respond to other service problems no later than the next business day after notification. If our service technician is unable to correct the problem to your satisfaction we will, at your request, schedule a second service appointment. If we remain unable to correct the problem you will be notified of this fact and the reason why. If you are dissatisfied with our resolution of your service problem, you may contact the local franchising authority to discuss the problem with your service.
If you are dissatisfied with our resolution of your complaint, or we are unable to resolve your complaint, you may contact the local franchising authority to discuss your complaint. Please refer to your monthly cable bill or call the local customer service number listed therein for the name and address of your local franchising authority.
Emergencies such as trouble with utility poles, violent storms, data/satellite/RF transmission problems may interfere with reception of video services. Sierra Television is committed to correcting outages or other service-related problems occurring as a result of an emergency situation as soon as reasonably possible.
For customers using closed captioning, Sierra Television maintains a Closed Captioning Office to handle written complaints. If you have a complaint regarding closed captioning please write the Sierra Television Closed Captioning Office at the address listed on your monthly bill.
17. OTHER ISSUES
- Entire Agreement. This Agreement and any other documents incorporated by reference constitute the entire agreement and understanding between you and Sierra Television with respect to the subject matter of this Agreement, and replace any and all prior written or verbal agreements. If any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
- No Waiver. Sierra Television’s failure to enforce any of the provisions of the service Agreement or to exercise any contractual right or option is not a waiver of any such provision, right, or option. Any waiver by Sierra Television must be written and signed on behalf of Sierra Television by an authorized executive. No waiver of any Customer breach will constitute a waiver of any future Customer breach of the service Agreement. Neither the course of conduct between you and Sierra Television nor trade practice shall act to modify any provision of this Agreement.
- Severability. The invalidity or unenforceability of any part of the service Agreement will not affect the other parts, and the remaining terms and conditions will continue to apply as necessary to reflect the original intention of the parties.
- No Resale of Service. The Customer may not resell Sierra Television’s service. Such action violates the Service agreement and conditions established by various providers of content to Sierra Television. It may also constitute theft of service under applicable law.
- Governing Law. The service Agreement will be governed by the law of the State of California, except if and to the extent preempted by federal law.