Effective April 5, 2022
Welcome to the Network Companion Application (“App”)! In our commitment to deliver the best 5G stand-alone network, we have included on your device certain diagnostic software capabilities within the App that we use to improve your network experience and our wireless service. In addition, the App will assist you in completing activation of your device.
DISH Wireless L.L.C. and its affiliates (referred to as, "we," "us," "our," "Boost," or "DISH Wireless") endeavors to provide you and other users with assistance in activating your new device and access to certain third-party network diagnostic applications (such features, functionalities, products, services, and any and all content contained therein collectively referred to in these Terms of Service as, "App Services"). You and other users of our App Services are collectively referred to in these Terms of Service as "you," "your," and "Users." Our App Services were designed to be accessed and used only by those Users intentionally authorized by us to receive such App Services upon activation of your device.
SUBJECT TO CERTAIN EXCEPTIONS SET FORTH BELOW IN SECTION 10, THESE TERMS OF SERVICE REQUIRE THE USE OF MANDATORY AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (AS THAT TERM IS DEFINED IN SECTION 10 BELOW, RATHER THAN, AMONG OTHER THINGS, JURY TRIALS OR CLASS ACTIONS (SEE SECTION 10 BELOW).
You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
You may use the App for lawful purposes only. You may not submit or transmit through the App any material, or otherwise engage in any conduct that:
You may not use the App in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the App. You may not attempt to gain unauthorized access to any App Services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
You may not use the App or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the App to violate the terms of this section. We may terminate your access or use of the App immediately and take any other legal action if you, or anyone using your access to the App, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.
We, our Contributors, and our users who lawfully post text, messages, information, software, images, audio and video ("Content") on the App own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on the App are our trademarks.
DISH Wireless Property. The App Services, including any and all content made available in connection with your access and use of our App Services, is protected by domestic and international copyright, trade secret, trademark, and other intellectual property laws. DISH Wireless and its affiliates have patents that apply to our App Services.
End-User License Agreement. The App, our Websites, other apps, and other software and technologies are developed by, or for, us and are designed to enable our provision of certain App Services through your mobile Device. The App, our Websites, other apps, and other software and technologies may vary by Device, operating system, or other medium and the functionalities thereof may also differ among Devices. BY USING ANY OF OUR APP SERVICES, YOU ACKNOWLEDGE AND AGREE TO OUR END USER LICENSE AGREEMENT (I.E., OUR EULA) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE APP, OUR WEBSITES, OTHER APPS, AND OTHER SOFTWARE AND TECHNOLOGIES, INCLUDING RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS SET FORTH IN OUR EULA, THEN DO NOT USE ANY OF OUR APP SERVICES.
Reporting Claims. If you have a reasonable belief that your or any other's protected works have been reproduced or distributed in a way that constitutes copyright infringement, or are otherwise aware of any content available in connection with the App Services that may be infringing, violating, or otherwise misappropriating the your rights or such other party's rights, then please notify us immediately by sending us a written statement to the Notice Address set forth in Section 11 below, which written statement must set forth as much detail as is available, including, at a minimum: (i) your name; (ii) your address; (iii) your Wireless Account number (if any); and (iv) a clear and detailed statement about the applicable concern of copyright infringement and/or related claim.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
NEITHER DISH WIRELESS NOR ANY OTHER CONTRIBUTOR MAKES ANY WARRANTY WHATSOEVER THAT: (i) THE APP SERVICES WILL MEET YOUR REQUIREMENTS OR REASONABLE SATISFACTION; (ii) THE APP SERVICES WILL PROVIDE OR CONTINUE TO PROVIDE ANY OTHER PARTICULAR FUNCTIONALITY; (iii) THE APP SERVICES WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH, OR DATA-THROUGHPUT RATE, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iv) INFORMATION RELATED TO YOUR WIRELESS ACCOUNT OBTAINED FROM THE USE OF THE APP SERVICES WILL BE ACCURATE OR RELIABLE.
DISH WIRELESS MAY RECOMMEND CERTAIN LEVELS OF INTERNET CONNECTION AND/OR WIRELESS CONNECTIVITY FOR USE WITH CERTAIN OF OUR APP SERVICES; PROVIDED, HOWEVER, THAT YOU HEREBY AGREE AND UNDERSTAND THAT DISH WIRELESS WILL HAVE NO RESPONSIBILITY WHATSOEVER FOR YOUR INTERNET CONNECTIVITY AND/OR WIRELESS CONNECTIVITY AND DISH WIRELESS DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY OR PERFORMANCE OF ANY INTERNET CONNECTIVITY AND/OR WIRELESS CONNECTIVITY, INCLUDING THE SPEED, BANDWIDTH, COMPATIBILITY, SUFFICIENCY, EQUIPMENT, OR DELIVERY OF ANY INTERNET CONNECTION OR THAT ANY CERTAIN INTERNET CONNECTIVITY AND/OR WIRELESS CONNECTIVITY WILL IMPROVE OUR SERVICE(S). PLEASE BE AWARE THAT CERTAIN OF OUR APP SERVICES MAY REQUIRE THE USE OF ADDITIONAL DATA, AND THAT ANY INCREASED COSTS, FEES, OR OTHER AMOUNTS DUE TO BE PAID BY YOU AS A RESULT OF ANY INCREASE IN USAGE (E.G., USAGE OF DATA) IN CONNECTION WITH THE APP SERVICES WILL BE YOUR SOLE RESPONSIBILITY.
WE HEREBY DISCLAIM ANY, AND YOU AGREE THAT WE HAVE, NO OBLIGATION WHATSOEVER TO REPLACE OR SUPPLEMENT ANY APP SERVICES, PACKAGE OF APP SERVICES, OR PORTION OF ANY APP SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE APP SERVICES, PACKAGES OF APP SERVICES AND/OR POTION OF APP SERVICES AS A RESULT OF ANY CHANGE.
ANY MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH USE OF OUR APP SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR OTHER HARDWARE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAMING OR OBTAINING OF ANY SUCH MEDIA, SOFTWARE OR OTHER MATERIAL OR CONTENT. NEITHER DISH WIRELESS NOR ANY OTHER CONTRIBUTOR ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, CORRUPT, OR OTHERWISE HARM ANY OF YOUR PROPERTY OR THE PROPERTY OF ANY THIRD PARTY, INCLUDING YOUR SOFTWARE, DEVICE OR OTHER HARDWARE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DISH WIRELESS OR THE OTHER CONTRIBUTORS, OR VIA YOUR WIRELESS ACCOUNT OR USE OF THE APP SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Indirect Damages. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER DISH WIRELESS NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (E.G., INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF DISH WIRELESS OR ANY OF SUCH OTHER CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM, OR OTHERWISE RESULTING DIRECTLY OR INDIRECTLY FROM: (i) USE OF ANY OF OUR APP SERVICES OR THE APP; (ii) ACTIONS, OMISSIONS, AND OTHER ACTIVITY UNDER YOUR WIRELESS ACCOUNT (INCLUDING USE NOT AUTHORIZED BY US); (iii) THE PERFORMANCE OR NON-PERFORMANCE OF OUR APP SERVICESÂ OR THE APP; OR (iv) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF OUR APP SERVICES OR THE APP, EVEN IF SUCH DAMAGES RESULT FROM THE NEGLIGENCE OR GROSS NEGLIGENCE OF DISH WIRELESS OR THE OTHER CONTRIBUTORS.
Force Majeure. NEITHER DISH WIRELESS NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY FAILURE TO PERFORM THAT IS CAUSED BY OR OTHERWISE RESULTS FROM ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, PANDEMICS, EPIDEMICS OR OTHER PUBLIC HEALTH EMERGENCIES POWER OR TECHNICAL FAILURE, SERVER, INTERNET, SATELLITE OR UPLINK OR WIRELESS NETWORK FAILURE, ACTS OF ANY GOVERNMENTAL BODY, OR ANY OTHER CAUSE BEYOND OUR REASONABLE CONTROL.
Limitation of Liability. IN ADDITION TO ANY OTHER LIMITATIONS SET FORTH IN THESE TERMS OF SERVICE, NEITHER DISH WIRELESS NOR THE OTHER CONTRIBUTORS, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN ANY APP SERVICES OR FOR ANY DELAY, FOR THE AVOIDANCE OF DOUBT, INCLUDING: (i) IF SUCH ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION, OR DELAY ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF DISH WIRELESS ACCESS TO ALL OR ANY PORTION OF OUR APP SERVICES FOR ANY REASON WHATSOEVER; (ii) THE RELOCATION OF ALL OR ANY PORTION OF OUR APP SERVICES TO DIFFERENT SERVER(S); (iii) ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN THE FEATURES AND/OR FUNCTIONALITY AVAILABLE WITH YOUR DEVICE(S) OR OUR APP SERVICES; (iv) ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY US OR OUR CONTRIBUTORS; OR (v) ISSUES RESULTING FROM YOUR DEVICE, OR YOUR INTERNET OR WIRELESS CONNECTION, INCLUDING, LACK OF SUFFICIENT BANDWIDTH. FURTHERMORE, NONE OF DISH WIRELESS, ITS PROVIDERS, DEVICE PROVIDERS OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR THIRD-PARTY LICENSORS WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION OF OR TO ANY DEVICE(S), FOR THE AVOIDANCE OF DOUBT, INCLUDING REMOVING OR DISABLING SOFTWARE, FEATURES AND/OR FUNCTIONALITY.
Limitation of Direct Damages. EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN SECTION 8, THE MAXIMUM AGGREGATE LIABILITY OF DISH WIRELESS FOR ANY AND ALL CLAIMS UNDER OR RELATING TO EACH: (i) WIRELESS ACCOUNT INCLUDING ALL USERS THERE UNDER (IF MORE THAN 1 IS PERMITTED BY US), or (ii) YOU ONLY, IF YOU ARE NOT A USER UNDER ANY WIRELESS ACCOUNT, IS LIMITED TO AN AMOUNT EQUAL TO THE AGGREGATE OF THE FEES THAT WERE PAID BY YOU UNDER THESE TERMS OF SERVICE DURING THE 6 MONTHS BEFORE THE APPLICABLE CLAIM, OR IF DURING THE FIRST 6 MONTHS OF ANY ACCESS OR USAGE TERM, THEN THE FIXED FEES TO BE PAID BY YOU UNDER SUCH TERMS OF SERVICE DURING THE FIRST 6 MONTHS OF SUCH USAGE TERM.
Applicability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT ONLY TO THE EXTENT SUCH LIMITATIONS ARE EXPRESSLY DISALLOWED UNDER THE APPLICABLE LAW(S).
You hereby agree to indemnify, defend and hold DISH Wireless and its parents and affiliates, each of its and their present and future media providers, device providers, business partners, service providers, licensors, contractors, subcontractors, authorized distributors, authorized subdistributors, authorized retailers, directors, members, managers, officers, agents, employees, and other Users, and each of their respective assigns, heirs, successors, and legal representatives (the "Protected Group") harmless from, against and with respect to any and all actions, claims, disputes or demands, including reasonable attorneys' fees and costs, that are incurred in connection with, arising out of or relating to access to or use misuse of the App or our App Services by you or in connection with your Wireless Account including any User thereof, your connection to the App, our App Services, your devices, your violation of these Terms of Service or your violation of any rights of another User.
Dispute Resolution. If a Dispute arises and you or we wish to seek arbitration or file any action in small claims court, then the party wishing to seek arbitration or file an action must first send to the other party, by certified mail, notice of the applicable Dispute ("Dispute Notice"), and you and DISH Wireless hereby agree to attempt to resolve any such Dispute through informal dispute resolution for at least 60 days following the date on which the applicable Dispute Notice is properly sent. You and we must submit a form of Dispute Notice, which must include a written statement that sets forth: (i) the name, address and preferred contact information of the party giving the notice; (ii) a description of the nature and basis of the applicable Dispute; (iii) the facts giving rise to such Dispute; and (iv) the specific relief sought by you in connection therewith. You must send, any and all Dispute Notice(s) to: DISH Wireless Attn: Office of the General Counsel, 5701 S Santa Fe Drive, Littleton, Colorado 80120 ("Notice Address"), by certified mail; and we must send any Dispute Notice to you at the contact information we have for you (e.g., to your Wireless Account, the email address you provided to register your Wireless Account or your billing address). If we and you do not agree to a resolution of a Dispute during the required informal dispute resolution period above, then either party may commence arbitration or a small claims court proceeding in accordance with this Section 10 to resolve such Dispute. To initiate arbitration proceedings the party seeking such arbitration must open a case by filing with the American Arbitration Association ("AAA") a demand for such arbitration, paying the administrative filing fee and providing a copy of the applicable arbitration agreement (collectively, the "Demand for Arbitration"); you will only be responsible for paying an arbitration initiation fee equal to the amount that you would pay to file a lawsuit against us in the appropriate court of law in your state, not to exceed $125.00, and we will pay any excess fees or deposit(s) required to initiate such arbitration proceeding. If you are entitled to reimbursement pursuant to this Section 10 and would like us to reimburse you for the actual amount of fees paid by you to initiate an arbitration proceeding, then you must send written notice to DISH Wireless at the Notice Address, by certified mail, of: (a) the amount requested; (b) the name of the payee; (c) the return address for the payment; and (d) a copy of the receipt or other documentation evidencing the amount paid by you. You must download or copy a form to initiate arbitration www.adr.org. A Demand for Arbitration must be made through "AAA WebFile," at www.adr.org, or by filing such demand with any AAA office, regardless of the intended location of the requested proceeding. During the arbitration, the amount of any settlement offer made by us or you may not be disclosed until after the arbitrator determines the amount, if any, to which you or we are entitled in connection with the applicable Dispute.
Arbitration Procedures and Forum. All arbitration proceedings will be administered by the AAA and governed under its Consumer Arbitration Rules (including any amendments thereto or successor rules thereof published by the AAA) (collectively, the "AAA Rules"), as supplemented and modified by these Terms of Service. The AAA Rules are available online at www.adr.org, by calling the AAA at 1 (888)-309-0838, by clicking the hyperlinks above. The arbitrator will be bound by the terms and conditions of these Terms of Service. Subject only to the limited exceptions expressly set forth in this Section 10, the arbitrator, and not any federal, state or local court, agency or other authority, will have the exclusive authority to resolve any and all Disputes, including issues relating to the scope, interpretation, applicability and enforceability of this arbitration agreement (e.g., any claim that all or any part of these Terms of Service (including, for example, this Section 10) is void or voidable). Unless you and DISH Wireless agree otherwise, any arbitration hearing will be held in the county (or parish) of your billing address or if no billing address is provided, then of your primary residence.
Costs of Arbitration; Compelling Arbitration. Subject to the exceptions expressly set forth in this Section 10, if you or we decide to initiate arbitration and seek less than $75,000 in damages, then we will pay all costs and fees of the applicable arbitration proceeding for any such proceeding initiated in accordance with the notice requirements unless the arbitrator finds that the arbitration was brought for an improper purpose; and if you or we initiate any arbitration proceeding seeking more than $75,000 in damages, then the payment of such costs and fees will be governed by the applicable AAA Rules. Except as otherwise expressly permitted pursuant to Section , if either party attempts to have a Dispute reviewed by a court (e.g., files a judicial or administrative action asserting a claim that is subject to arbitration), and the other party successfully compels arbitration of the applicable Dispute, then the party attempting (or that attempted) to have such Dispute reviewed by such court in violation of these Terms of Service must pay the other party's costs and expenses incurred in seeking to compel arbitration, including reasonable attorneys' fees.
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 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 DISH Wireless specifically agree otherwise in writing, 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. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party's individual claim. In the event that this Section 10 or any other material provision of this Section 10 is held to be unenforceable, void or voidable, then Section 10 in its entirety will be void, ab initio.
Miscellaneous. Notwithstanding our rights to make future changes to these Terms of Service, if any such future change made by us to the provisions in Section 10 materially limit or alter your then-current rights, then you may reject such changes by sending written notice to DISH Wireless at the Notice Address, by certified mail, of your rejection of the applicable changes: (i) within 30 days following the date on which we notify you of such modified Terms of Service; or (ii) in the event we do not provide notice of such future change, then within 30 days following the date on which you become aware of such modified Terms of Service. The dispute resolution, binding arbitration and class action waiver agreements and provisions will survive the expiration or earlier termination of your Wireless Account, or other access to or use of the App or our App Services. Please be aware that this agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including the Federal Communications Commission, and such agencies can, if the law allows, seek relief against us on your behalf. We also each agree that this agreement evidences a transaction in interstate commerce, and thus the FAA governs the interpretation and enforcement of the provisions and agreements set forth in this Section 10.
Entire Agreement. These Terms of Service, including those terms hyperlinked and incorporated herein, constitute the entire agreement between DISH Wireless and you regarding the subject matter hereof. With respect to the App or any of our App Services, these Terms of Service govern your use of such App Services, and supersede any prior agreements or understandings between you and DISH Wireless with respect to the subject matter hereof.
Applicable Law. These Terms of Service, including all matters relating to their validity, construction, performance and enforcement, and any claim, complaint or dispute arising out of or related to these Terms of Service, your relationship to DISH Wireless and/or otherwise related to our App Services will be governed by the laws of the State of Colorado without giving effect to its conflict of law provisions. If any provision in these Terms of Service is declared to be illegal, invalid or is otherwise in conflict with any law, then such provision will automatically be considered modified to the minimum extent necessary to make such provision legal, binding and no longer in conflict with such law, without affecting the validity of any other provisions of such Terms of Service, and any and all other provisions will remain in full force and effect to the fullest extent permitted by law.
Choice of Forum. You agree that any action at law, in equity, under contract (including under these Terms of Service) or otherwise that is excluded from, or otherwise not subject to arbitration or small claims court must be filed, and that venue properly lies, only in the state or federal courts located in the city and county of Denver, Colorado, United States of America and you hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.
Assignment. You agree that DISH Wireless may assign or otherwise transfer (e.g., sell) your agreement to these Terms of Service with DISH Wireless to any third party without your prior consent. You may not assign or otherwise transfer (e.g., via the sale of any Device) any agreement(s) with us without first obtaining our prior written consent, which consent may be withheld, delayed or conditioned for any reason whatsoever (e.g., your Wireless Account reflects an outstanding unpaid balance).
No Waiver; Remedies Cumulative. Except as otherwise expressly provided in these Terms of Service, the failure of a party to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. The rights and remedies provided under these Terms of Service to DISH Wireless in case of your default or breach of these Terms of Service are cumulative and without prejudice to any other rights and remedies that DISH Wireless or you may have at law, in equity, under contract (including under these Terms of Service) or otherwise, all of which are hereby expressly reserved.
No Third-Party Beneficiaries; Claim Limitation. You agree that, except as otherwise expressly provided in these Terms of Service, there are no third party beneficiaries to your agreement to these Terms of Service. You agree that regardless of any law to the contrary, any claim, Dispute or cause of action by you arising out of or related to our App Services pursuant to these Terms of Service must be filed within 1 year following the date on which such claim, Dispute or cause of action arose; and if not filed within such 1-year period, then you hereby irrevocably waive any and all rights to pursue such claim(s), Disputes or other cause(s) of action.
Headings. The section titles and paragraph headings in these Terms of Service are for convenience only and have no legal or contractual effect. Any and all examples or references to "include," "includes" or "including" set forth in these Terms of Service are by way of example only and will be interpreted as non-limiting. Any reference in these Terms of Service to the singular form of a word will include the plural form of the word, if applicable, and any reference to the plural will include the singular, if applicable. In addition, the term "days" when used in these Terms of Service, unless specified as a “business day” means a calendar day. For the purposes of these Terms of Service, a “business day” means a weekday (other than a Saturday or a Sunday) excluding any national (United States) holiday.
Survival. Any provision of these Terms of Service that logically would be expected to survive the suspension, completion, expiration or earlier termination of your Wireless Account, and/or other App Services or your agreement to these Terms of Service will survive such suspension, completion, expiration or earlier termination, including any and all representations and warranties contained in these Terms of Service and any and all provisions and agreements regarding indemnification obligations, confidentiality obligations, dispute resolution, binding arbitration and class action waivers, the "Miscellaneous" provisions in this Section 11, limitations of liability and disclaimers.