Terms and Conditions of Use
Welcome to TekFidelity Services. By using https://tekfidelity.com/ (the “TekFidelity 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 TekFidelity Site. We may change the TekFidelity Site and the Terms at any time. It is your responsibility to review the Terms for updates or changes. If you disagree to be bound by the Terms, you should not use the TekFidelity Site. For these Terms and related policies, “TekFidelity,” “we,” “us,” and “our” mean TekFidelity, our past and present direct and indirect subsidiaries, and the predecessors, successors, and assigns of all of the previous individuals and entities, and the past or present officers, directors, employees, partners, agents, attorneys, shareholders and legal representatives of all of the preceding persons and entities.
1. Use of the TekFidelity Site.
You may use the TekFidelity Site for personal, noncommercial use only. You may not use the TekFidelity Site if you are under 13. If you are between the ages of 13 and 18, you may use the TekFidelity Site only with the permission and involvement of a parent or guardian.
2. Privacy Policy.
Your use of the TekFidelity Site is subject to our Privacy Policy. Please review the policy for more information on collecting, storing, and using information.
3. Information on Our Site.
We try to be as accurate as possible with the information we present on the TekFidelity Site. We will make reasonable efforts to display the attributes of the products we sell accurately. We do not warrant that product description 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 TekFidelity 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 we may contact you for instructions on the order.
4. Paying for Your Order.
We will charge your payment method when you click “Place Order.”
5. Your Order.
Your order constitutes an offer from you to purchase goods or services at the prices indicated. We do not accept your offer to purchase your order 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, household, order, or 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 total amount of the canceled portion of the order, consistent with our Returns & Exchanges Policy.
6. Proprietary Rights.
All content included on or comprising the TekFidelity 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. 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 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 TekFidelity logos and other trademarks on the TekFidelity Site are the property of their respective owners. They are owned by, licensed to, or, where required, used with permission by us and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the TekFidelity owner.
7. User Generated Content.
You may interact with the TekFidelity Site in numerous ways, including but not limited to reviews, ratings, forums, and testimonials. When you share content with 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, biassed, threatening, or harassing.
8. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH OR ON THE TEKFIDELITY 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 TEKFIDELITY SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE TEK FIDELITY 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 TEKFIDELITY SITE OR OUR GROSS NEGLIGENCE, INTENTIONAL, WILFUL, RECKLESS, OR MALICIOUS CONDUCT OR FRAUD.
9. Links to Third-Party Websites.
The TekFidelity 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 TekFidelity 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.
10. Export.
Certain products or materials you may obtain through the TekFidelity 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 authorise 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.
11. Security.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree not to share your account credentials with others. You may use the TekFidelity Site only for lawful purposes. Activities including, but not limited to, tampering with the TekFidelity Site, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities on the TekFidelity Site are prohibited.
You may not violate or attempt to violate the security of the TekFidelity 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 TekFidelity Site for unintended purposes or trying to change the behavior of the TekFidelity 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 TekFidelity 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 TekFidelity Site (impersonating as a legitimate user). You may not send an unsolicited or unauthorized email on behalf of us or the TekFidelity Site, including promotions and advertising of products or services. We may prosecute you to the full extent of the law for violating these Terms. You may not use any device, software, routine, or data to interfere or attempt to interfere with the proper working of the TekFidelity Site or any activity being conducted on the TekFidelity 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 TekFidelity Site other than the search engine and search agents we provide and generally publicly available browsers.
12. DISPUTE RESOLUTION.
Any disputes related to or arising from your use of the TekFidelity Site and any products or services ordered on the TekFidelity Site (“TekFidelity 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 TekFidelity 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 TEK FIDELITY SITE AND ANY PRODUCTS OR SERVICES ORDERED ON THE TEK FIDELITY 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.
Suppose you do not wish to be bound by our Dispute Resolution Policy. In that case, 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 TekFidelity 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 TekFidelity Site. If you wish to exercise your right to opt-out, please follow the steps outlined in our Dispute & Resolution Policy.
13. 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.
14. Termination of Use.
In our sole discretion, we may terminate your account or use of the TekFidelity Site at any time and for any reason. You are personally liable for any orders that you place or charges that you incur before termination. We may change, suspend, or discontinue all or any aspects of the TekFidelity Site without prior notice.
15. Recall Notification Disclaimer.
We expressly disclaim any responsibility to notify you of any future recalls issued for any products or devices purchased from the TekFidelity Site. You acknowledge that any potential, pending, or actual product or device recall notifications are the manufacturer’s responsibility.
RETURNS AND REFUNDS POLICY:
This Returns and Refunds Policy applies to all products, devices, and installation services ordered from the TekFidelity Site.
Returns Period. We offer a 30-day return period for all products and devices purchased on the TekFidelity Site or during a TekFidelity On-Site Service Appointment. You have 30 days from the date of purchase to initiate a return. Once your return has been initiated, you will have another 30 days to package and ship your products or devices back to us.
Returns Process. To initiate a return, log in to your account on the TekFidelity Site and select the product(s) or device(s) you want to return. We will cover the shipping costs for returns initiated within the 30-day return period.
Returns Eligibility. To be eligible for a refund, all products or devices must be returned 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 full bundle is returned ultimately. We also do not accept returns for products or devices that were sold as part of a Gift With Purchase promotion unless all components of the Gift With Purchase promotion are returned as well (some exclusions apply).
Refund Policy. Refunds will only cover the price of the original product(s) or device(s) and any associated taxes. If you request a cancellation and refund for: i) any product before shipment or ii) installation service before the day of your service appointment, we will initiate your refund immediately. For installations we cannot complete on the day of your appointment, we will initiate your refund 14 days after your original appointment date. You may contact us at 833-TekFidelity 1 to schedule a new appointment date or request your refund initiation before the expiration of the 14-day window. Shipping fees are non-refundable.
DISPUTE RESOLUTION POLICY:
Any and all disputes related to or arising from your use of the TekFidelity Site and any products or services ordered on the TekFidelity Site (“TekFidelity Disputes”) are subject to this Dispute Resolution Policy. Please carefully review our entire Dispute Resolution Policy for more information on how we resolve TekFidelity Disputes and your related rights and obligations.
Mandatory and Binding Arbitration. If you or we have a TekFidelity Dispute that cannot be resolved through informal dispute resolution (outlined below), then you and we agree (unless you opt-out by the below opt-out procedure) to resolve such TekFidelity 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 if you or we commence an individual action in small claims court by this Dispute Resolution Policy. If it is determined that if the applicable small claims court cannot adjudicate such particular action (e.such small claims court lacks jurisdiction over such particular action), then such TekFidelity Dispute may only be resolved through an arbitration proceeding according 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 little review by courts. Arbitration means you waive your right to a trial by a jury or an attempt by a judge (other than in small claims court). Any arbitration under this Dispute Resolution Policy will take place individually; class arbitrations and class or representative claims are not permitted. BY ENTERING INTO THIS AGREEMENT, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY OR A JUDGE (OTHER THAN SMALL CLAIMS COURT) AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO BRING A CLAIM IN A REPRESENTATIVE CAPACITY. You and we 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). Where permitted by law,such agencies can seek relief against us on your behalf.
TekFidelity Dispute Defined. The term “TekFidelity Dispute” means, subject to the Dispute Resolution Policy Exceptions set forth below, any past, present, or future disputes, claims, or controversies between you and us related to or arising from your use of the TekFidelity Site and any products or services ordered on the TekFidelity 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 scope of this Dispute Resolution Policy. The term “TekFidelity Dispute” is to be given the broadest possible meaning that will be enforced and includes, without limitation, any claims between you and us in any way arising out of, relating to, or in connection with: (i) your use of the TekFidelity Site; (ii) any services offered, provided, or sold on the TekFidelity Site; (iii) any devices or products offered, provided, or sold on the TekFidelity Site; (iv) billing, collection and credit reporting; (v) telephone calls, texts, faxes and emails that you claim you received from us and a party acting or purporting to act on our behalf; and (vi) our and our agents’ collection, retention and disclosure of personally-identifiable information.
Informal Dispute Resolution; Notice and Opportunity to Cure. You and I agree first to try to resolve any TekFidelity 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 a TekFidelity Dispute by sending a written document titled “dispute resolution notice” (each, a “Dispute Resolution Notice”).
Miscellaneous. Notwithstanding any provision in this Dispute Resolution Policy to the contrary, if 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) if we elect to provide notice of the 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) if 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 agree that you will resolve any TekFidelity Dispute between you and us by the unmodified language of this Dispute Resolution Policy unless you have opted out promptly. Except as otherwise outlined in this Dispute Resolution Policy or under applicable law, each of you and we shall be solely responsible for its respective attorneys’ fees, costs, and expenses incurred in connection with any TekFidelity Dispute.
Expenses Outside of Arbitration. Except as otherwise expressly outlined in this Dispute Resolution Policy, if 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).
