Terms & Conditions

Terms and Conditions of Use

Welcome to OnTech Smart Services.  By using www.ontechsmartservices.com (the “OnTech Site”) and its related products, services, and software, you agree to be bound by these terms and conditions (the “Terms”).  You also accept and agree to be bound by the Terms when you create an account, make a purchase as a guest, or log into the OnTech Site.  We may make changes to the OnTech Site and the Terms at any time.  It is your responsibility to review the Terms for updates or changes.  If you do not agree to be bound by the Terms, you should not use the OnTech Site.  For the purpose of these Terms and related policies, “OnTech,” “we,” “us,” and “our” mean Dish Network Services L.L.C. (or, for services in California, Dish Network California Service Corporation or, for services in Puerto Rico, DISH Network Puerto Rico L.L.C.), Dish Network L.L.C., and Dish Network Corporation and their past and present direct and indirect subsidiaries, and the predecessors, successors and assigns of all of the foregoing persons and entities, and the past or present officers, directors, employees, partners, agents, attorneys, shareholders and legal representatives of all of the foregoing persons and entities.

  1. Use of the OnTech Site.

You may use the OnTech Site for your personal, noncommercial use only. You may not use the OnTech Site if you are under the age of 13.  If you are between the ages of 13 and 18, you may use the OnTech Site only with the permission and involvement of a parent or guardian.

 

  1. Privacy Policy.

Your use of the OnTech Site is subject to our Privacy Policy.  Please review the policy for more information on how we collect, store, and use information.

 

  1. Information on Our Site.

We try to be as accurate as possible with the information we present on the OnTech Site.  We will make reasonable efforts to accurately display the attributes of the products we sell.  We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change.  We cannot confirm the availability or price of a product until you place your order.  Despite our best efforts, sometimes a product on the OnTech Site may not be available, the offer may have been misstated, or a product may be mispriced.  For any of these reasons, we reserve the right to cancel your order and/or we may contact you for instructions on the order.

 

  1. Paying for Your Order.

We will charge your payment method when you click “Place Order.”  

 

  1. Your Order.

Your order constitutes an offer from you to purchase goods or services at the prices indicated.  Your offer to purchase your order is not accepted by us until you receive an order confirmation.  At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason.  We may impose these limits on a per-person, per-household, per-order, or any other reason.  If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us.  If we cancel an order or part of an order that we have already charged you for, we’ll refund you the full amount of the canceled portion of the order consistent with our Returns & Exchanges Policy .

 

  1. Proprietary Rights.

All content included on or comprising the OnTech Site or any part thereof, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or developed in the future.  All Content is protected as a collective work under U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.  You may not remove or modify any copyright, trademark, or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media.  You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease, or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.  The OnTech logos and other trademarks on the OnTech Site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by us and may not be reproduced, copies, or manipulated in any manner without the express, written approval of the trademark owner.

 

  1. User Generated Content.

You may interact with the OnTech Site in numerous ways, including but not limited to reviews, ratings, forums, and testimonials.  You hereby grant DISH a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media currently existing or later developed.  When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.

 

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY.

DISH PROVIDES THE ONTECH SITE AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE ONTECH SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE MAKE NO REPRESENTATIONS THAT THE ONTECH SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.

 

ANY WARRANTY ON ANY PRODUCT SOLD THROUGH OR ON THE ONTECH SITE IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THE ONTECH SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE ONTECH SITE.  THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE ONTECH SITE OR OUR GROSS NEGLIGENCE, INTENTIONAL, WILFULL, RECKLESS OR MALICIOUS CONDUCT, OR FRAUD.

 

  1. Links to Third-Party Websites.

The OnTech Site contains links to other sites operated by third parties (“Third-Party Sites”).  These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.  We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its contents, products, or services.  A link to a Third-Party Site on the OnTech Site does not constitute our sponsorship, endorsement, approval, or responsibility for any Third-Party Site.  The conditions of use and privacy policy of any Third-Party Site may differ substantially from these Terms.  Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

 

  1. Export.

Certain products or other materials that you may obtain through the OnTech Site may be further subject to export controls.  You will comply with all applicable export or re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any such regulated or controlled products or materials to a prohibited country or otherwise in violation of any restriction, law, or regulation.

 

  1. Security.

You are responsible for maintain the confidentiality of your account and password and for restricting access to your computer or device.  You agree to not share your account credentials with others.  You may use the OnTech Site only for lawful purposes.  Activities including, but not limited to, tampering with the OnTech Site, misrepresenting the identify of a user, and using buying agents or conducting fraudulent activities, on the OnTech Site are prohibited. 

 

You may not violate or attempt to violate the security of the OnTech Site, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using the OnTech Site for unintended purposes or trying to change the behavior of the OnTech Site; (c) attempting to probe, scan, or test the vulnerability of a system or network or breach security or authentications measures without proper authorization; (d) attempting to interfere with service to any user, host, or network, including, without limitation via means of submitting a virus to the OnTech Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forgoing any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of us (impersonating us) or to the OnTech Site (impersonating as a legitimate user).  You may not send unsolicited or unauthorized email on behalf of us or the OnTech Site, including promotions and/or advertising of products or services.  We may prosecute you to the full extent of the law for any violation of these Terms.  You may not use any device, software, or routine or data to interfere or attempt to interfere with the proper working of the OnTech Site or any activity being conducted on the OnTech Site.  You may not use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the OnTech Site other than the search engine and search agents we provide and generally publicly available browsers.

 

  1. DISPUTE RESOLUTION.

Any and all disputes related to or arising from your use of the OnTech Site and any products or services ordered on the OnTech Site (“OnTech Disputes”) are subject to our Dispute & Resolution Policy.  Please carefully review our entire Dispute Resolution Policy, including the two provisions provided below, for more information on how we resolve OnTech Disputes and your related rights and obligations. 

 

  1. MANDATORY AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU AND WE AGREE TO MANDATORY AND BINDING ARBITRATION TO RESOLVE ANY AND ALL DISPUTES RELATED TO OR ARISING FROM YOUR USE OF THE ONTECH SITE AND ANY PRODUCTS OR SERVICES ORDERED ON THE ONTECH SITE.  YOU AND WE UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO MANDATORY AND BINDING ARBITRATION, YOU AND WE HAVE WAIVED THE RIGHT TO A TRIAL BY JURY OR A TRIAL BY A JUDGE.

 

  1. CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AND WE ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE.

 

In the event that you do not wish to be bound by our Dispute Resolution Policy, then you must notify us in writing that you are exercising your right to opt out within thirty (30) days following the acceptance of these Terms for disputes related to or arising from your use of the OnTech Site or within thirty (30) days of placement of your order for disputes related to or arising from any products or services ordered on the OnTech Site.  If you wish to exercise your right to opt out, please follow the steps outlined in our Dispute & Resolution Policy .

 

  1. Applicable Law.

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF COLORADO), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES OR CLAIMS BETWEEN YOU AND DISH.

 

  1. Termination of Use.

We may, in our sole discretion, terminate your account or your use of the OnTech Site at any time and for any reason.  You are personally liable for any orders that you place or charges that you incur prior to termination.  We may change, suspend, or discontinue all or any aspects of the OnTech Site at any time without prior notice.

 

  1. Recall Notification Disclaimer.

We expressly disclaim any and all responsibility to notify you of any future recalls issued for any products or devices purchased from the OnTech Site.  You acknowledge and agree that any potential, pending, or actual product or device recall notifications are entirely the responsibility of the manufacturer.

 

  1. Additional Terms and Policies.

The following additional terms and policies also govern your use of the OnTech Site and any products and services purchased on the OnTech Site and are incorporated by reference into the Terms.

  1. Privacy Policy
  2. On-Site Service Terms
  3. Returns & Exchanges Policy
  4. Dispute & Resolution Policy 

 

 

ONTECH ON-SITE SERVICE TERMS:

            These OnTech On-Site Service Terms (the “Service Terms”) apply to all on-site services, including but not limited to delivery, installation, setup, configuration, and repair (the “Service(s)”), purchased on the OnTech Site or performed by us, our affiliates or subsidiaries, and our third-party providers performing Services on our behalf.  By ordering, purchasing, or receiving Services, you accept and agree to be bound by these Service Terms.  Our employees and agents have no authority to alter these Service Terms, either orally or in writing.

Access and Workspace Conditions.  We require access to the Service location and all Service-related products, your cooperation, and electrical power in order to complete the Service(s).  Some Services may not be performed if minimum requirements are not met or if technical issues are encountered (such as wiring issues or defects, or physical or technical barriers).  You are responsible for moving/removing furniture in the Service area, as well as any valuables prior to our arrival.  Service may be denied if no adult is present when we arrive for the Service appointment or we determine we do not have appropriate authorization or cooperation from those present at the Service location.  If our ability to perform or complete the Service is impaired by you or circumstances beyond our control, we may elect to not provide the Service(s). 

Adult Consent and Authorization.  An adult at least 18 years old with a valid, government issued photo ID must be present during the Service appointment to authorize and approve all work completed.  By agreeing to receive Service(s), you authorize us to perform the requested Service(s) and you represent that you either have the right to authorize the performance of the Service(s) and that you have obtained any additional and necessary authorizations (e.g., from a landlord or homeowner’s association as applicable). 

Cable/Satellite/Internet.  Cable/satellite/internet installation and set-up should be completed prior to Service appointment so we can ensure proper configuration and integration of the product and/or Service(s).  We are not responsible for signal or connection strength or degradation due to faulty equipment or lines. 

Delays.  We will try to complete the Service(s) as quickly as possible while ensuring the Service(s) is performed as safely and to as high a standard as possible. However, we are not responsible for delays in Service completion caused by factors beyond our control.

DISCLAIMERS AND LIMITATIONS OF LIABILITY.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (1) EXCEPT FOR THE SERVICE WARRANTY PROVIDED IN THESE SERVICE TERMS, WE MAKE NO AFFIRMATIVE WARRANTIES AND GRANT ONLY THOSE WARRANITES IMPLIED BY LAW THAT CANNOT BE EXCLUDED BY CONTRACT UNDER STATE LAW; AND (2) WE ARE NOT LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES – INCLUDING BUT NOT LIMITED TO: LOSS OF USE, LOST PROFITS/BUSINESS, DATA LOSS OR CORRUPTION, OR OTHER INTANGIBLE DAMAGES ARISING FROM THE SERVICE.  THESE LIMITATIONS DO NOT LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIENCE, INTENTIONAL MISCONDUCT, OR FRAUD.

DISPUTE RESOLUTION POLICY.  Any and all disputes related to or arising from your use of the OnTech Site and any products or services ordered on the OnTech Site (“OnTech Disputes”) are subject to our Dispute & Resolution Policy .  Please carefully review our entire Dispute Resolution Policy, including the two provisions provided below, for more information on how we resolve OnTech Disputes and your related rights and obligations. 

 

  1. MANDATORY AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS, YOU AND WE AGREE TO MANDATORY AND BINDING ARBITRATION TO RESOLVE ANY AND ALL DISPUTES RELATED TO OR ARISING FROM YOUR USE OF THE ONTECH SITE AND ANY PRODUCTS OR SERVICES ORDERED ON THE ONTECH SITE.  YOU AND WE UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO MANDATORY AND BINDING ARBITRATION, YOU AND WE HAVE WAIVED THE RIGHT TO A TRIAL BY JURY OR A TRIAL BY A JUDGE.

 

  1. CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AND WE ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE.

 

In the event that you do not wish to be bound by our Dispute Resolution Policy, then you must notify us in writing that you are exercising your right to opt out within thirty (30) days following the acceptance of these Terms for disputes related to or arising from your use of the OnTech Site or within thirty (30) days of placement of your order for disputes related to or arising from any products or services ordered on the OnTech Site.  If you wish to exercise your right to opt out, please follow the steps outlined in our Dispute & Resolution Policy .

Labor Only.  Except where specifically stated, parts and accessories, including but not limited to cables, cords, etc., are not included.  Labor beyond the scope of work for the Service, which we may not be able to perform, may incur an additional charge.

Nonrefundable Charges.  Service fees, costs, and charges are nonrefundable once Service begins.

PC/Tablet/Smart Phone Access and Use.  Some Services may require access to your PC, tablet, or smart phone.  We may use tools we deem necessary for diagnostics and repair, including remote access.  We may install software that allows you to obtain additional technology services or functionality.  For software installations, you authorize us to and agree that we may accept End User License Agreements on your behalf. 

Pets.  We require that you safely and comfortably secure any and all pets prior to and during the duration of the Service appointment.

Phone Calls and Texting.  You authorize us and our affiliates and third-party representatives, to contact you: (i) regarding your account, your order status, scheduling Service appointments, Service requirements, and follow-up after or regarding your Service appointment; (ii) to recover any unpaid portion of any obligation to us or our affiliates; and/or (iii) for any other purpose not prohibited by applicable law.  In each case, such contact may be made by any means not prohibited by applicable law (including, without limitation, an automated dialing or prerecorded messaging system) at the telephone number(s) that you provide to us, including, without limitation, any mobile telephone number(s). You acknowledge and agree that you do not need to provide a mobile telephone number to receive Services.  For the avoidance of doubt, with respect to any land-based telephone number(s) that you provide to us, you acknowledge and agree that we and our affiliates and third-party representatives, may contact you by any means not prohibited by applicable law (including, without limitation, an automated dialing or prerecorded messaging system) with offers, solicitations and promotions, except as prohibited by applicable law.  Voice and data rates apply.

Photos and Videos.  In situations where it is necessary or warranted, we may take, transit, store, and use photos and/or video of your product(s) (including its contents, connected products, accessories, and surroundings) for Service, Service Warranty, and/or quality assurance purposes.

Plaster.  Services involving installation or work on plaster surfaces may result in cracking or chipping.  While we will take all reasonable efforts to prevent or minimize that possibility, we are not responsible for any cracking or chipping that may occur as a result of the Service(s).

Safety.  We require a safe working environment and reserve the right to refuse or reschedule Service(s) due to conditions we deem dangerous, unsafe, or hazardous, including, but not limited to, possible code violations, extreme temperatures, natural disasters, or other hazards – real or perceived.

Service Appointments.  Service appointments are scheduled at the time you place your order.  During the service appointment, the OnTech technician will deliver your product or device (unless you did not order the product or device on our OnTech Site at the time you ordered the Service), install, set-up, and configure your device, and show you how to use the product or device, as well as any related features and applications.  Prior to your scheduled service appointment, OnTech will contact you: (i) the day before your service appointment; (ii) the morning of your service appointment; and (iii) one (1) hour before the estimated arrival window of your service appointment. 

Service Changes, Cancellations, and Fees.  Once your order is placed, you may only make Service changes, Service appointment changes, and cancellations by phone at: 1-833-ONTECH1 (668-3241) or by email to: customersupport@ontechsmartservices.com.  For Service cancellations or to reschedule your Service appointment, please contact us at least twelve (12) hours prior to your Service appointment.  If you fail to cancel your Service appointment prior to OnTech’s arrival for your Service appointment or no adult is present at the Service location, you may be charged a $35 USD “Failed Service Appointment Fee” to the payment information on file with us.

Service Warranty.  We provide a 60-day workmanship warranty on the Service(s) following the Service Date.  In the event that you (i) notify OnTech of a defect in workmanship in the Services within sixty (60) days following the Service Date and (ii) we confirm the existence of such defect of workmanship, then we will correct such defect in workmanship.  This Service Warranty: (a) does not apply to any defects resulting, in whole or in part, from your or third-party acts or omissions (including, without limitation, abuse or misuse of the product or devices); (b) does not apply to any products or devices (including, without limitation, any defects in the products or devices); and (c) is non-transferable.  OnTech also provides you with technical support regarding the Services via telephone.  In the event that OnTech is unable to solve a technical problem regarding the Services over the telephone, then you may request that we schedule a technician visit.  We may charge a fee for such visit in the event that the Services are not covered by the Service Warranty.  For technical support or to notify OnTech of a defect in workmanship of the Services, please call: 1-833-ONTECH1 (668-3241) or email: customersupport@ontechsmartservices.com.

Your Data and Software.  You are solely responsible for backing up any data and software on your product or removing any media (e.g., memory card) prior to Service.  We will NOT back up any data or software and we are not responsible for the loss, alteration, or corruption of any data, software, or lost media.  We may request your user name and password for your product in order to perform the Service.  You agree to change all product passwords after the Service is complete and you release us from any claims, losses, or damages resulting from the failure to do so.

YOU ACKNOWLEDGE AND AGREE THAT ANY BREACH OR VIOLATION OF THESE SERVICE TERMS AT ANY TIME PRIOR TO THE COMPLETION OF THE SERVICE(S) MAY RESULT IN THE CANCELLATION OF YOUR SERVICE APPOINTMENT OR THE REFUSAL TO PERFORM OR, IN INSTANCES WHERE THE SERVICE(S) ARE NOT YET COMPLETED, CONTINUE PERFORMING THE SERVICE(S).

 

RETURNS AND EXCHANGES POLICY:

This Returns and Exchanges Policy (the “R&E Policy”), applies to all products and devices ordered from the OnTech Site. 

Returns and Exchanges Period.  We offer a 30-day return and exchange period for all products and devices purchased on the OnTech Site or during an OnTech On-Site Service Appointment.  You have 30 days from date of purchase to initiate a return or exchange.  Once your return or exchange has been initiated, you will have an additional 30 days to package and ship your products or devices back to us.

Returns and Exchanges Process.  To initiate a return or exchange, login to your account on the OnTech Site and select the product(s) or device(s) you want to return or exchange.  We will cover the shipping costs for returns or exchanges initiated within the 30-day return and exchange period.

Returns and Exchanges Eligibility.  To be eligible for a refund or exchange, all products or devices must be in their original condition and include the original packaging, plus any associated cables and documentation.  We do not accept returns for products or devices that were sold as part of a bundle, unless the bundle is returned complete.

Refunds.  Refunds will only cover the price of the original product(s) or device(s) and any associated taxes. Refunds will be credited to your purchase payment method within ten (10) business days following our receipt of the product or device.  Shipping fees are non-refundable.

 

DISPUTE RESOLUTION POLICY:

Any and all disputes related to or arising from your use of the OnTech Site and any products or services ordered on the OnTech Site (“OnTech Disputes”) are subject to this Dispute Resolution Policy.  Please carefully review our entire Dispute Resolution Policy for more information on how we resolve OnTech Disputes and your related rights and obligations. 

Mandatory and Binding Arbitration. In the event that you or we have an OnTech Dispute that cannot be resolved through informal dispute resolution (outlined below), then you and we agree (unless you opt out in accordance with the below opt out procedure) to resolve such OnTech Disputes in an individual action, either through binding arbitration or in small claims court, instead of in courts of general jurisdiction. You acknowledge and agree that, in the event that you or we commence an individual action in small claims court in accordance with this Dispute Resolution Policy and it is determined that the applicable small claims court cannot adjudicate such individual action (e.g., such small claims court lacks jurisdiction over such individual action), then such OnTech Dispute may only be resolved through an arbitration proceeding pursuant to this Dispute Resolution Policy. Arbitration is more informal than a lawsuit in court. Arbitration means that you will have a fair hearing before a neutral arbitrator rather than before a judge or jury in a court. Arbitrators can award the same damages that a court can award. Proceeding in arbitration may result in limited discovery and is subject to limited review by courts. Arbitration means that you waive your right to a trial by a jury or a trial by a judge (other than in small claims court). Any arbitration under this Dispute Resolution Policy will take place on an individual basis; class arbitrations and class or representative claims are not permitted. BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH AGREEING TO WAIVE THE RIGHT TO A TRIAL BY JURY OR A TRIAL BY A JUDGE (OTHER THAN IN SMALL CLAIMS COURT) AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO BRING A CLAIM IN A REPRESENTATIVE CAPACITY. You and we also each agree that this Dispute Resolution Policy evidences a transaction in interstate commerce and, thus, that the Federal Arbitration Act (the “FAA”) governs the interpretation and enforcement of this provision. Nothing in this Dispute Resolution Policy precludes you from bringing issues to the attention of federal, state or local agencies (including, without limitation, the Federal Trade Commission). Such agencies can, where permitted by law, seek relief against us on your behalf.

OnTech Dispute Defined. The term “OnTech Dispute” means, subject to the Dispute Resolution Policy Exceptions set forth below, any and all past, present or future disputes, claims or controversies between you and us related to or arising from your use of the OnTech Site and any products or services ordered on the OnTech Site, whether based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort) or any other legal or equitable theory, and includes, without limitation, the validity, enforceability and/or scope of this Dispute Resolution Policy. The term “OnTech Dispute” is to be given the broadest possible meaning that will be enforced and includes, without limitation, any and all claims between you and us in any way arising out of, relating to or in connection with: (i) your use of the OnTech Site; (ii) any and all services offered, provided, or sold on the OnTech Site; (iii) any and all devices or products offered, provided, or sold on the OnTech Site; (iv) billing, collection and credit reporting; (v) telephone calls, texts, faxes and emails that you claim you received from us and/or a party acting or purporting to act on our behalf; and/or (vi) our and/or our agents’ collection, retention and/or disclosure of personally-identifiable information.

Informal Dispute Resolution; Notice and Opportunity to Cure. You and we agree to first try to resolve any OnTech Dispute informally. Accordingly, neither you nor we may start an individual action, either through binding arbitration or in small claims court, for at least sixty (60) calendar days after you or we notify the other of an OnTech Dispute by sending a written document titled “dispute resolution notice” (each, a “Dispute Resolution Notice”). You may, but are not required to, download a form Dispute Resolution Notice at http://www.dish.com/downloads/legal/dispute-resolution-notice.pdf. You must send your Dispute Resolution Notice to the Legal Dispute Resolution Notice Address (i.e., DISH Network L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040), and we must send our Dispute Resolution Notice to your billing address then appearing in our records. The Dispute Resolution Notice must: (i) state your name, account or order number (if any), and your contact information; (ii) describe the nature and basis of the OnTech Dispute; and (iii) set forth the specific relief sought in connection with the OnTech Dispute. In the event that you and us do not reach an agreement to resolve the OnTech Dispute within sixty (60) calendar days after the Dispute Resolution Notice is received, then you or us may commence an individual action, either through binding arbitration or in small claims court, in accordance with this Dispute Resolution Policy.

Arbitration Procedures. Unless you and we agree otherwise in writing, the arbitration will be governed by the then-current Consumer Arbitration Rules (collectively, the “AAA Rules”) of the American Arbitration Association (“AAA”) excluding any rules for class or collective actions, as modified by this Agreement, and will be administered by the AAA and conducted before a single, neutral arbitrator. The AAA Rules are available online at the AAA’s website (as of August 7, 2015, www.adr.org), by calling the AAA (as of August 7, 2015, 1-800-778-7879) or by submitting a written request to the Legal Dispute Resolution Notice Address (i.e., DISH Network L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040). The arbitration will be held at a location in the county of your billing address then appearing in our records unless you and we both agree to another location or a telephonic or “desk” arbitration (i.e., an arbitration conducted solely on the basis of written submissions by the participants). The arbitrator will be bound by the terms and conditions of the OnTech Site, including, without limitation, this Dispute Resolution Policy and your and our waiver of the right to a trial by jury or a trial by a judge (other than in small claims court) and the right to participate in a class action or to bring a claim in a representative capacity. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to adjudicate the merits of any OnTech Dispute. In the event that you and/or we elect to submit an OnTech Dispute to arbitration pursuant to this Dispute Resolution Policy, then the party initiating arbitration must open a case by filing with the AAA: (i) a demand for arbitration; (ii) the administrative filing fee; and (iii) a copy of the applicable arbitration agreement (i.e., this Dispute Resolution Policy) — (collectively, the “Demand for Arbitration”). The filing may be made through “AAA WebFile,” located on the AAA’s website (www.adr.org), or by filing the Demand for Arbitration with any AAA office, regardless of the intended locale of any hearing.

The Arbitrator’s Award. An arbitrator’s award will consist of a written statement of the disposition of each OnTech Dispute and a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator’s decision and award are final and binding, subject only to the limited court review permitted under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.

Costs of Arbitration. In the event that you initiate arbitration and agree that you will receive less than $75,000 in damages, then, after we receives notice that you have initiated arbitration, we will promptly reimburse you for your payment of the filing fee and we will directly pay the AAA any case management fees associated with the arbitration and the professional fees for the arbitrator’s services. However, in the event that you initiate an arbitration in which you seek $75,000 or more in damages, then the payment of these fees will be governed by the AAA Rules.

Class Action Waiver. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE ANY CLAIM IN A REPRESENTATIVE CAPACITY, INCLUDING, WITHOUT LIMITATION, AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, IN CONNECTION WITH ANY DISPUTE (as defined above). Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event that any portion of this Dispute Resolution Policy is found to be unenforceable, then the entirety of this Dispute Resolution Policy shall be null and void.

Right to Opt Out. In the event that you do not wish to be bound by our Dispute Resolution Policy, then you must notify us in writing that you are exercising your right to opt out within thirty (30) days following the acceptance of these Terms for disputes related to or arising from your use of the OnTech Site or within thirty (30) days of placement of your order for disputes related to or arising from any products or services ordered on the OnTech Site by: (i) completing the Opt Out Form located at http://www.dish.com/downloads/legal/arbitration-opt-out.pdf and sending it to the Legal Dispute Resolution Notice Address (i.e., DISH Network L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040); or (ii) otherwise providing written notification to us at the Legal Dispute Resolution Notice Address that includes: (1) your name and account or order number; (2) your address; and (3) a clear statement that you do not wish to resolve OnTech Disputes with us through arbitration. Your decision to opt out of this Dispute Resolution Policy will have no adverse effect on your relationship with us or our delivery of products or Service(s) to you. Any opt-out not received within the thirty (30) day period set forth above will not be valid and you must pursue your OnTech Disputes (if any) as an individual action, either through binding arbitration or in small claims court, pursuant to and in accordance with this Dispute Resolution Policy (excluding this Right to Opt Out provision, which in such event will no longer apply). Your order or receipt of services or products and failure to notify us in writing within thirty (30) days following the date of your order shall constitute your acknowledgment and agreement that you are bound by this Dispute Resolution Policy.

Miscellaneous. Notwithstanding any provision in this Dispute Resolution Policy to the contrary, in the event that we make any future change to this Dispute Resolution Policy (other than a change to the Legal Dispute Resolution Notice Address), then you may reject any such future change as follows: (i) in the event that we elect to provide notice of such change, then by sending written notice to us at the Legal Dispute Resolution Notice Address of your rejection of such change within thirty (30) days following the date that we first give you our notice; or (ii) in the event that we elect not to provide notice of such change, then by sending written notice to us at the Legal Dispute Resolution Notice Address of your rejection of such change at any time. By rejecting any future change, you are agreeing that you will resolve any OnTech Dispute between you and us in accordance with the unmodified language of this Dispute Resolution Policy, unless you have previously opted out in a timely manner. Except as otherwise set forth in this Dispute Resolution Policy or under applicable law, each of you and we shall bear and be solely responsible for its respective attorneys’ fees, costs and expenses incurred in connection with any OnTech Dispute.

Expenses Outside of Arbitration. Except as otherwise expressly set forth in this Dispute Resolution Policy, in the event that either party files a judicial or administrative action asserting a claim that is subject to arbitration (other than an individual action in small claims court) and the other party successfully compels arbitration, then the party filing that judicial or administrative action must pay the other party’s costs and expenses incurred in seeking to compel arbitration (including, without limitation, reasonable attorneys’ fees, expenses and court costs).

Dispute Resolution Policy Exceptions. The following OnTech Disputes are excluded from this Dispute Resolution Policy (including, without limitation, the informal dispute resolution provision) and may only be decided by a court of competent jurisdiction: (i) any OnTech Dispute based on your receipt of all or any portion of the OnTech products or services without paying for them; and (ii) any violation of the Computer Fraud and Abuse Act, 18 U.S.C. §103