OmniMoney By Boost Mobile Website
DISH owns the intellectual property rights in all text, images, software or other content available on the Website or has obtained applicable rights to such text, images, software or other content from applicable third parties who own the content. You may not redistribute or copy any part of this Website without the prior written consent of DISH.
No other use of the material within this Website (or portion thereof) is permitted without our prior written consent.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
The trademarks, logos and service marks (the “Marks”) used on this Website are the property of DISH or other third parties. You may not use these Marks without the prior written consent DISH or other applicable third parties.
3. Contributions, Information Provided.
By posting or otherwise submitting your suggestions, comments, ideas and/or other feedback (collectively “Feedback”) to this Website or any linked websites or Apps, including our various community forums and blogs, you grant to DISH a non-exclusive, royalty-free, sublicensable, irrevocable, worldwide license to use, store, reproduce, save, modify, create derivative works to, and distribute the Feedback. Any information, registration or application (collectively, “Information”) so provided by you will not obligate DISH in any way and DISH may, in its sole and absolute discretion, respond to you or not respond to you regarding such Information. Such response or non-response, as the case may be, shall in no way give rise to any claim by you and you agree to indemnify and hold DISH and DISH's Affiliates, and its and their respective officers, directors, members, managers, consultants, employees, agents and shareholders, and its and their respective assigns, heirs, successors and legal representatives harmless from and against any and all third party claims that relate to, arise out of or are incurred in connection with your Feedback or Information.
4. Disclaimer, Indemnification, Limitation of Liability.
This Website include tools for you to access and use services provided by third parties, including, without limitation, the OmniMoney by Boost Mobile App (the “App”). We use reasonable efforts to make any information that we contribute to this Website is accurate. But much of the information that you will receive through this Website and any linked third party websites or third party Apps are provided by third parties that we do not supervise or control. We do not warrant that the content on this Website or such third party websites or Apps is accurate, complete, current, or free of technical or typographical errors. It is your responsibility to verify any information before relying on it. We reserve the right to make changes and updates to any information contained within this Website without prior notice.
Access to, and use of, the Website and/or third party websites or Apps and the content included therein is at the risk of the user. If we have provided links to certain other websites or Apps, such are provided solely for your convenience, and we are not responsible for the content of any other websites or Apps. You must take appropriate precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
THIS WEBSITE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY (OR LACK THEREOF) OR NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE OR ANY BANKING PRODUCTS OR SERVICES OR OTHER PRODUCTS OR SERVICES THAT YOU MAY ACCESS THEREBY.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT DISH IS NOT A BANK AND IS NOT IN ANY WAY PROVIDING BANKING PRODUCTS OR SERVICES IN CONNECTION WITH THIS WEBSITE OR ANY THIRD PARTY WEBSITES OR APPS, INCLUDING, WITHOUT LIMITATION, OMNIMONEY BY BOOST MOBILE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT DISH IS NOT LICENSED AS A MONEY SERVICES BUSINESS OR THE EQUIVALENT IN ANY STATE AND THAT DISH IS NOT ENGAGED IN THE PROCESS OF RECEIVING, DIRECTING, OR TRANSMITTING ANY FUNDS YOU MAY MANAGE THROUGH ANY THIRD PARTY WEBSITE OR THIRD PARY APPS, INCLUDING, WITHOUT LIMITATION, OMNIMONEY BY BOOST MOBILE. YOU AGREE THAT YOU WILL LOOK SOLELY TO THIRD PARTIES THAT MAY BE PROVIDING FINANCIAL PRODUCTS OR SERVICES (OR OTHER PRODUCTS OR SERVICES) ACCESSED THROUGH SUCH THIRD PARTY WEBSITE OR APP TO RESOLVE ANY CLAIMS OR DISPUTES THAT YOU MAY HAVE IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF SUCH WEBSITE OR APP OR SUCH PRODUCTS OR SERVICES.
YOU AGREE TO INDEMNIFY AND HOLD DISH, AND DISH'S AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, CONSULTANTS, EMPLOYEES, AGENTS AND SHAREHOLDERS, AND ITS AND THEIR RESPECTIVE ASSIGNS, HEIRS, SUCCESSORS AND LEGAL REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS THAT RELATE TO, ARISE OUT OF OR ARE INCURRED IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY THIRD PARTY WEBSITE OR APP OR PRODUCTS OR SERVICES (BANKING OR OTHERWISE) ACCESSED THEREBY.
NEITHER WE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE OR APP (OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF) AND/OR ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES THAT MAY BE ACCESSED BY THIS WEBSITE.
5. Your Conduct.
You must comply with all applicable local, state, national and international laws and regulations when you use this Website. Any attempt by anyone to deliberately damage this Website is a violation of criminal and civil laws. We reserve the right to seek damages from anyone doing so to the fullest extent permitted by law.
You also will not post or transmit through this Website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.
6. Monitoring Your Use of This Website and Your Conduct.
DISH is under no obligation to monitor the material residing on or transmitted to this Website (or any server used in connection with this Website). However, anyone using this Website agrees that we may monitor this Website (and any server used in connection with this Website) to (1) comply with any necessary laws, regulations or other governmental requests; and (2) to operate the server properly or to protect ourselves or users of this Website. We reserve the right to modify, reject, or eliminate any material residing on or transmitted to the server that it, in our sole discretion, we believe is unacceptable or in violation of the law or these terms and conditions.
The collection, use, and disclosure of your information on the App and Website will be subject to the privacy policies of one or more third parties, including Mezu (NA) Inc. dba Alviere ("Alviere"), that provide financial services you may access through this Website. We are not responsible for the practices of such third party or other third parties whose privacy policies may apply.
8. Dispute Resolution, Mandatory and Binding Arbitration and Class Action Waiver.
- A. Mandatory and Binding Arbitration.
In the event that You or we have a Dispute (as defined below) that cannot be resolved through informal dispute resolution pursuant to this Section 8, then You and we agree (unless You opt out of Section 8 in accordance with Section 8(H)) to resolve such Dispute 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 DISH commences an individual action in small claims court in accordance with Section 8 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 Dispute may only be resolved through an arbitration proceeding pursuant to this Section 8. 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 Agreement will take place on an individual basis; class arbitrations and class or representative claims are not permitted. BY ENTERING INTO THIS AGREEMENT, YOU AND DISH 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 DISH also each agree that this Agreement 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 Agreement precludes you from bringing issues to the attention of federal, state or local agencies (including, without limitation, the Federal Communications Commission). Such agencies can, in the event that the law allows, seek relief against us on your behalf.
- B. Dispute Defined.
The term “Dispute” means, subject to the exceptions set forth in Section 8(K), any and all past, present or future disputes, claims or controversies between you and DISH, 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 Section 8. The term “Dispute” is to be given the broadest possible meaning that will be enforced and includes, without limitation, any and all claims between you and DISH in any way arising out of, relating to or in connection with: (i) this Agreement; (ii) OmniMoney by Boost Mobile services or your use and/or access to the Website and/or App; (iii) DISH's service or products; (iv) billing, collection and credit reporting; (v) telephone calls, texts, faxes and emails that you claim you received from DISH and/or a party acting or purporting to act on DISH's behalf; and/or (vi) DISH's and/or its agents' collection, retention and/or disclosure of personally-identifiable information. For purposes of Section 8 only, “DISH,” “we,” “us,” or “our” means DISH Network L.L.C., DISH Wireless, L.L.C., DISH Network Corporation and its 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.
- C. Informal Dispute Resolution; Notice and Opportunity to Cure.
You and DISH agree to first try to resolve any Dispute informally. Accordingly, neither You nor DISH may start an individual action, either through binding arbitration or in small claims court, for at least sixty (60) calendar days after You or DISH notifies the other of a Dispute by sending a written document titled “dispute resolution notice” (each, a “Dispute Resolution Notice”). You must send Your Dispute Resolution Notice to the Legal Dispute Resolution Notice Address (i.e., DISH Wireless 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 number and contact information; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought in connection with the Dispute. In the event that You and DISH do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Resolution Notice is received, then You or DISH may commence an individual action, either through binding arbitration or in small claims court, in accordance with this Section 8.
- D. Arbitration Procedures.
Unless You and DISH 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 January 1, 2022, www.adr.org), by calling the AAA (as of January 1, 2022, 1-800-778-7879) or by submitting a written request to the Legal Dispute Resolution Notice Address (i.e., DISH Wireless 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 this Agreement, including, without limitation, DISH's and your 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 Dispute. In the event that you and/or DISH elect to submit a Dispute to arbitration pursuant to Section 8, 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., Section 8) — (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.
- E. The Arbitrator's Award.
An arbitrator's award will consist of a written statement of the disposition of each 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.
- F. Costs of Arbitration.
In the event that you initiate arbitration and agree that you will receive less than $75,000 in damages, then, after DISH receives notice that you have initiated arbitration, DISH will promptly reimburse you for your payment of the filing fee and DISH 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.
- G. Class Action Waiver.
NEITHER YOU NOR DISH 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 DISH 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 Section 8(G) is found to be unenforceable, then the entirety of Section 8 shall be null and void.
- H. Right to Opt Out.
In the event that you do not wish to be bound by this Section 8, then you must notify DISH in writing within thirty (30) days following the date that we first give you notice of your right to elect to opt out of this Section 8 by: (i) completing the Opt Out Form located at arbitration-opt-out and sending it to the Legal Dispute Resolution Notice Address (i.e., DISH Wireless L.L.C., Attn: Dispute Resolution, P.O. Box 9040, Littleton, Colorado 80120-9040); or (ii) otherwise providing written notification to DISH at the Legal Dispute Resolution Notice Address that includes: (1) your name and account number (if applicable); (2) your address; and (3) a clear statement that you do not wish to resolve Disputes with DISH through arbitration. Your decision to opt out of this Section 8 will have no adverse effect on your relationship with DISH. Any opt-out not received within the thirty (30) day period set forth above will not be valid and you must pursue your Disputes (if any) as an individual action, either through binding arbitration or in small claims court, pursuant to and in accordance with this Section 8 (excluding this Section 8(H), which in such event will no longer apply). In the event that you are a new OmniMoney by Boost Mobile customer, then your activation of an OmniMoney by Boost Mobile account and failure to notify DISH in writing within thirty (30) days following the date of activation of your account shall constitute your acknowledgment and agreement that you are bound by this Section 8. In the event that you are an existing OmniMoney by Boost Mobile customer, then your continued use of Services, the Website and/or App and failure to notify DISH in writing within thirty (30) days following the date that we first give you notice of your right to elect to opt out of this Section 8 shall constitute your acknowledgment and agreement that you are bound by this Section 8. We will be deemed to have given you notice of your right to elect to opt out of this Section 8 as follows: (a) in the event that we send you notice by U.S. mail (including, without limitation, on a mailed bill, bill insert, notice, letter or postcard), then it will be considered given three (3) days after it is first deposited in the U.S. mail, addressed to you at your billing address then appearing in our records; and (b) in the event that we send you notice electronically (including, without limitation, via an email and/or SMS), then it will be considered given at the time we first send an electronic communication containing such notice or notifying you of the availability of such notice to the electronic contact information (including, without limitation, email address SMS then appearing in our records.
- I. Miscellaneous.
Notwithstanding any provision in this Agreement to the contrary, in the event that DISH makes any future change to this Section 8 (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 DISH 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 DISH 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 Dispute between You and DISH in accordance with the unmodified language of this Section 8, unless You have previously opted out of this Section 8 in a timely manner. Except as otherwise set forth in this Section 8 or under applicable law, each of you and DISH shall bear and be solely responsible for its respective attorneys' fees, costs and expenses incurred in connection with any Dispute.
- J. Expenses Outside of Arbitration.
Except as otherwise expressly set forth in this Agreement, 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).
- K. Survival.
This Section 8 shall survive expiration or earlier termination of this Agreement for any reason or no reason indefinitely.
9. Applicable Law.
10. Notice and Procedure for Making Claims of Copyright Infringement.
To file a notice of infringement with us, please provide the following information to our designated copyright agent listed below:
- 1. A description of the copyrighted work or other intellectual property that you claim has been infringed.
- 2. A description of the material that you claim infringes the copyrighted work listed in Section 10(1) above.
- 3. An address, telephone number, and an email address where the alleged infringing party can contact you.
- 4. The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- 5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- 6. Your electronic or physical signature.
To file a counter notification with us, please provide the following information to our designated copyright agent below:
- 1. A description of the material that we have removed or to which we have disabled access.
- 2. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Denver, Colorado if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
- 3. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- 4. Your electronic or physical signature.
We have registered a designated agent with the United States Copyright Office pursuant to 17 U.S.C. 512(c).
Please send notifications of infringement and counter notifications to our designated copyright agent at: Office of the General Counsel, DISH Wireless L.L.C., P.O. Box 6655, Englewood, CO 80115, Fax: (303) 723-1454 and email: firstname.lastname@example.org.