1. What is SIRIUS?
SIRIUS is a service offering 100 streams of satellite
radio featuring digital-quality, music, news, sports and entertainment
programming when and where you want it.
We use our three satellites orbiting directly over the
United States to broadcast 100 streams of satellite radio to listeners
throughout the continental US for a low monthly subscription fee of $12.95.
SIRIUS delivers 60 streams of 100% commercial-free music
in virtually every genre plus 40 streams of sports, news and entertainment.
2. How is your programming different from regular radio?
SIRIUS differs from regular radio in several
ways.
commercials_OFF
SIRIUS is unique because we stay true to the
artists and their music by broadcasting 60 streams of 100% commercial-free
music. So, unlike traditional radio or other services, all of our original
music streams have no commercials – ever!
music_ON
SIRIUS offers original programming — not recycled
radio. Our original music streams play songs from the most popular to the
obscure, and everything in between. From crunch-core metal to spoken word,
from bubble-gum pop to vintage jazz — we’ve got what you want and more.
And if you looking for a more intimate experience, our
national broadcast studio hosts hundreds of exclusive live interviews and
performances you won’t hear anywhere else.
programming_ON
SIRIUS also features news and sports from content
providers like CNBC, FOX News, C-SPAN, NPR, PRI, and ESPN, among others.
3. What is Statistical Multiplexing?
Our Statistical Multiplexing technology provides
more bandwidth across the full spectrum of SIRIUS streams. This means better
overall sound quality and superior sound resolution so you hear the music/programming
the way it was intended.
4. Where does the name SIRIUS come from?
“Sirius” is the brightest star in the constellation
Canis Major and the Northern Hemisphere. It was named after the ancient
Egyptian god Osirus, who was represented pictographically as a dog, giving
Sirius its more familiar name: the Dog Star.
5. Where are the SIRIUS studios located?
The SIRIUS national broadcast studio complex
is located in Rockefeller Center, in the heart of NYC. It is one of the
largest, most sophisticated, digital broadcasting facilities in the world.
Our complex houses state-of-the-art production studios
for our 100 streams, plus four performance spaces for artists and musicians,
and a comprehensive digital library currently housing over half a million
songs.
1. Can I get SIRIUS for my business?
Please visit our SIRIUS
Music for your Business section for more info.
2. What equipment do I need to get SIRIUS?
There are many ways to get SIRIUS. You can get
SIRIUS installed in your car or you can take SIRIUS from your car to your
home, office, boat and beyond with our new Plug & Play systems.
Find out more about how to get SIRIUS.
3. How do I activate my SIRIUS radio?
Once you place your order, we will ship your
Sirius radio fully activated and ready to use. All billing will be
handled through the credit card you use to complete your purchase.
There is a one-time $5 activation fee plus a low $12.95
monthly service fee. Taxes may also apply.
4. How can I find out more information about the Service
Terms & Conditions?
Access
our Sirius Service Terms & Conditions.
5. Who do I contact if I’m having service problems?
If you are experiencing any problems with your
service, please contact Sirius Customer Care Center at 1-888-539-SIRIUS
(7474) or e-mail our Customer care agents at [email protected]
1. Am I able to get my local radio stations if I have
SIRIUS?
With SIRIUS you can still listen to terrestrial
radio. SIRIUS will not prevent you from listening to your local AM/FM radio
stations.
2. What if I want SIRIUS in more than one vehicle?
With our Plug & Play modules sold here, you
can either take it with you as you move vehicles or you may chose to buy
another unit for a 2nd vehicle. If you buy a separate unit, you will
need a separate subscription for each vehicle, but you can put all of your
subscriptions under one account and receive one bill.
3. Can I get SIRIUS for my boat, plane, RV or truck?
Yes, our new SIRIUS Plug & Play systems let
you connect wherever you are — at home, in your car, on a boat or truck
and more. For more information visit our Plug & Play page.
4. Is SIRIUS available in Canada or Mexico?
At this time SIRIUS is only licensed to offer
service within the continental United States.
Sirius Satellite Radio Programs
1: US-1 (Top 40 Hits)
The
songs at the top of the Pop charts and the latest Pop hits breaking out
across America.
2: The Pulse (Adult Contemporary)
Today's
pop hits and yesterday's favorites in an upbeat, mainstream mix.
3: StarLite (Love Songs)
A soft
and romantic music blend.
4: Movin' Easy (Easy Listening)
Easy
listening vocal and instrumental favorites.
5: Sirius Gold (Best of the '50s)
The
roots of Rock n' Roll.
6: '60s Vibrations (Best of the '60s)
Relive
the musical revolution of the '60s.
7: Totally '70s (Best of the '70s)
Let
the music take you back.
8: Big '80s (The Best of the '80s)
Experience
the re-emergence of Pop music.
10: Spirit (Christian Hits)
The
power and positive impact of Christian music.
15: The Rock (Classic Rock)
The
top tracks from the legends of Classic Rock.
16: The Vault (Deeper Classic Rock)
Deeper
cuts from Rock's legendary performers.
17: Jam Central (Jam Bands)
A new
Rock channel playing the latest from the growing segment of Jam bands on
the scene.
18: The Trend (Adult Album Alternative)
40 years
of "world-class Rock."
20: Octane (Modern Rock)
The
home of high-powered modern Rock.
21: Alt Nation (Alternative Rock)
The
diverse sounds of current Alternative music.
22: First Wave (Classic Alternative)
The
music that kicked off Alternative Rock.
23: Big Rock (Stadium Rock)
The
best of Stadium Rock.
24: Organic Rock (Eclectic Rock)
Musical
territory with no boundaries.
25: The Bridge (Mellow Rock)
The
softer side of Classic Rock, with music from legends to newer singer songwriters.
26: Left of Center (Underground . Independent)
Indie,
Underground, and unsigned bands.
27: Hard Attack (Metal)
A non-stop
barrage of music with attitude for the true Metal head.
28: Sirius Blues (Blues)
The
many shades of Blues music.
31: New Country (Today's Country Hits)
The
sound of today's Country music.
32: Country Road (Country Mix)
Bridging
Country's classic sound with today's favorite hits.
35: Road House (Classic Country)
Country
gold from the legends.
36: The Border (Alternative Country)
The
rough-around-the-edges sound from the rebel cowboy poets.
37: Bluegrass (Bluegrass)
Bluegrass
is handmade, heartfelt American music. |
|
|
Sample
Home Satellite Radio System
|
|
|
|
LIVE
SPORTS on SIRIUS
|
|
|
|
|
|
Sirius
Satellite Radio
|
|
|
|
HOW SATELLITE
RADIO WORKS
We all have our favorite radio stations that
we preset into our car radios, flipping between them as we drive to and
from work, on errands and around town. But when you travel too far away
from the source station, the signal breaks up and fades into static. Most
radio signals can only travel about 30 or 40 miles from their source. On
long trips that find you passing through different cities, you might have
to change radio stations every hour or so as the signals fade in and out.
And it's not much fun scanning through static trying to find something
-- anything -- to listen to.
|
|
Photo courtesy XM
Satellite Radio
|
|
Satellite radio broadcasters
promise crystal-clear music transmitted from thousands of miles into space.
|
Now, imagine a radio station that can broadcast its signal
from more than 22,000 miles (35,000 km) away and then come through on your
car radio with complete clarity. You could drive from Tacoma, Washington,
to Washington, D.C., without ever having to change the radio station! Not
only would you never hear static interfering with your favorite tunes,
but the music would be interrupted by few or no commercials.
XM Satellite Radio and Sirius Satellite Radio have both
launched such a service. Satellite radio, also called digital radio, offers
uninterrupted, near CD-quality music beamed to your radio from space.
Car manufacturers have installed satellite radio receivers
in some 2001 and 2002 models, and electronics companies have launched several
models of portable satellite radio receivers. In this article, you'll learn
what separates satellite radio from conventional radio and what you need
to pick up satellite radio signals.
Sirius Satellite Radio
Unlike XM, Sirius does not use GEO satellites. Instead,
its three SS/L-1300 satellites form an inclined elliptical satellite constellation.
Sirius says the elliptical path of its satellite constellation ensures
that each satellite spends about 16 hours a day over the continental United
States, with at least one satellite over the country at all times. Sirius
completed its three-satellite constellation on November 30, 2000. A fourth
satellite will remain on the ground, ready to be launched if any of the
three active satellites encounter transmission problems.
The Sirius system is similar to that of XM. Programs
are beamed to one of the three Sirius satellites, which then transmits
the signal to the ground, where your radio receiver picks up one of the
channels within the signal. Signals are also be beamed to ground repeaters
for listeners in urban areas where the satellite signal can be interrupted.
While XM offers both car and portable radios, Sirius
is concentrating on the car radio market. The Sirius receiver includes
two parts -- the antenna module and the receiver module. The antenna module
picks up signals from the ground repeaters or the satellite, amplifies
the signal and filters out any interference. The signal is then passed
on to the receiver module. Inside the receiver module is a chipset consisting
of eight chips. The chipset converts the signals from 2.3 gigahertz (GHz)
to a lower intermediate frequency. Sirius also offers an adapter that allows
conventional car radios to receive satellite signals.
Not so long ago, satellites were exotic, top-secret devices.
They were used primarily in a military capacity, for activities such as
navigation and espionage. Now they are an essential part of our daily lives.
We see and recognize their use in weather reports, television transmission
by DIRECTV and the DISH Network, and everyday telephone calls. In many
other instances, satellites play a background role that escapes our notice:
-
Some newspapers and magazines are more timely because they
transmit their text and images to multiple printing sites via satellite
to speed local distribution.
-
Before sending signals down the wire into our houses, cable
television depends on satellites to distribute its transmissions.
-
The most reliable taxi and limousine drivers are sometimes
using the satellite-based Global Positioning System (GPS) to take us to
the proper destination.
|
|
NAVSTAR GPS satellite
|
|
|
|
PHOTOS COURTESY NASA
|
-
The goods we buy often reach distributors and retailers more
efficiently and safely because trucking firms track the progress of their
vehicles with the same GPS. Sometimes firms will even tell their drivers
that they are driving too fast.
-
Emergency radio beacons from downed aircraft and distressed
ships may reach search-and-rescue teams when satellites relay the signal
(read this page for details).
In this article, we will show you how satellites
operate and what they do. You'll get to see what's inside a satellite,
explore the different kinds of orbits and find out why the intended use
of the satellite affects the choice of orbit. We'll even tell you how to
see and track a satellite yourself!
TERMS AND CONDITIONS
Thank you for choosing
Sirius Satellite Radio ("Sirius"). These are the Terms and Conditions (the
"Terms") for your subscription for Sirius Satellite Radio service. Please
keep this copy of the Terms for your records.
IF YOU DO NOT ACCEPT THESE
TERMS, PLEASE NOTIFY US IMMEDIATELY (OUR ADDRESS AND PHONE NUMBER ARE BELOW)
AND WE WILL CANCEL YOUR SERVICE. IF YOU DO NOT CANCEL YOUR SERVICE WITHIN
3 DAYS, IT WILL MEAN THAT YOU AGREE TO THESE TERMS AND THAT THEY WILL BE
LEGALLY BINDING ON YOU.
CONTACT INFORMATION:
You may contact Customer
Care 24 hours a day, 7 days a week, by calling (888) 539-7474, by e-mail
at: [email protected]
or by writing to:
Sirius Satellite Radio
1221 Avenue of the Americas
New York, NY 10020
Attention: Customer Care
SPECIAL TERMS REGARDING
THIS OFFER
Together with each purchase
of a SIRIUS Plug & Play you must purchase a one-year committed subscription
to the Sirius service. Your subscriptions will be activated, and your credit
card will be charged, when the SIRIUS Plug & Play is shipped to you.
Prepaid subscriptions are non-cancelable and non-refundable. In the
event you cancel a committed subscription during its term, Sirius will
charge such you a cancellation fee equal to $12.95 multiplied by the number
of months (rounding up to the closest full month) remaining in the term
of your committed subscription.
1. GENERAL
a) Programming.
Our Service consists
of a wide variety of music, news, talk, sports, children's and other entertainment.
Many different and changing considerations affect the availability, cost,
and quality of programming and customer demand for it. Accordingly, we
reserve the unrestricted right to change, re-arrange, add, or delete programming,
including canceling, moving or adding particular channels, and our prices,
at any time, with or without notice to you. You always have the right to
cancel your service, in whole or in part, if you do not accept any change.
If you do cancel, we will refund to you, on a pro rata basis, any unused
prepaid subscription fees paid to us. If you do not cancel, your continued
receipt of our Service will constitute acceptance.
b) Use Limitations.
We provide the Service
only for your personal, non-commercial enjoyment. You may not make commercial
use of, reproduce, rebroadcast, or otherwise transmit our programming or
record, charge admission for listening to or distribute play lists of our
programming. Notwithstanding the provisions of Section 9, we or any of
our programming partners may prosecute violations of the foregoing against
you and other responsible parties in any court of competent jurisdiction
under the rules and regulations of the FCC and other applicable laws. Subscription
to the Service does not grant you the right to use any of our or our partners'
trademarks.
c) Service Area.
We offer the Service
solely in the continental United States. If your service address is not
in the continental U.S., you will not be activated to receive the Service.
We reserve the right to verify any service address you provide, and to
terminate your Service and keep any payments you have made to us, in the
event you have provided an incorrect service address.
d) Safety.
It is your responsibility
to exercise prudent discretion and observe all safety measures required
by law and your own common sense. Sirius assumes no responsibility for
accidents resulting from or associated with use of the Service.
e) Parental Control.
Some programming may
include explicit language. It is your responsibility to impose listening
restrictions that you consider appropriate on your family members and guests
as you feel appropriate. We are not responsible for content that you or
anyone else may find inappropriate. Please contact Customer Care to discuss
options for channel blocking.
2. SPECIAL OFFERS; CHANGES
TO TERMS AND CONDITIONS.
a) Special Offers
We may from time to time
make available special offers (with respect to subscriptions to the Service
and/or purchases of Equipment) which supplement or modify the terms and
conditions set forth in these Terms. Details of such special offers, including
eligibility requirements for participation, will be made available separately.
b) Changes to Terms and
Conditions
We reserve the right
to change these Terms, including our fees and charges, from time to time.
If we make any changes, we will send you a notice describing them and their
effective date, in the manner described in Section 10(a), or we will send
you an entirely new set of Terms to replace these Terms. You always have
the right to cancel the Service at any time if the Terms are not acceptable
to you. If you do not cancel, your continued receipt of our Service will
constitute acceptance of the changed Terms. If you notify Customer Care
that you do not accept such terms, then we may cancel your Service as provided
in Section 6.
3. SERVICE INTERRUPTIONS.
Service may be unavailable
or interrupted from time to time for a variety of reasons, such as environmental
or topographic conditions and other things we can't control. Service might
also not be available in certain places (e.g., in tunnels, parking garages,
or within or next to buildings) or near other technologies.
We are not responsible
for any interruptions of Service that occur beyond our reasonable control.
4. RECEIVERS
a) Authorized Suppliers.
We only provide the Service.
We do not make or install any of the receivers ("Sirius Receivers") or
related equipment ("Equipment") you may use to receive the Service. You
must purchase your Sirius Receiver and Equipment, and any repairs, parts,
installation or service, from an authorized seller or manufacturer. We
are not liable for any damage to your vehicle, home or other property resulting
from installation or use of any Sirius Receiver or Equipment. We do not
warrant any Sirius Receiver or Equipment in any way whatsoever and are
not responsible for the advertising, statements, practices, promises, services
or warranties of such sellers or manufacturers. If you have any complaints
about your Sirius Receiver, Equipment or installation, you should direct
them to your authorized seller, manufacturer or installer. Returns of Sirius
Receivers and Equipment are subject to your authorized seller's or manufacturer's
return policy.
b) Multiple Sirius Receivers.
If you add additional
Sirius Receivers, you must purchase a separate subscription for each one.
All of your subscriptions may be on a single account.
c) Loss of Equipment.
You should report to
Sirius and cancel or suspend (see Section 6(d)) your subscription if your
Sirius Receiver is lost, stolen, sold, transferred or otherwise removed
from your possession without your permission. Otherwise you will continue
to be liable for the Service.
d) Technology.
It is prohibited to copy,
decompile, disassemble, reverse engineer or manipulate any technology incorporated
in receivers compatible with the Sirius Satellite Radio system.
5. PAYMENT.
In return for receiving
our Service, you agree to pay us as follows:
a) Subscription Fee.
You must pay in advance,
by credit card or branded debit/check card, at the rates in effect at the
time of payment, for any Service ordered for use with your Sirius Receiver
(including Service ordered by your children or other family members or
drivers of your vehicle), with or without your permission, through all
periods until the Service is canceled. You will be responsible for all
subscription fees, other charges and fees and purchases under your account.
Our subscription fees and other charges and fees are subject to change.
b) Billing Statements.
Billing statements will
be provided only upon request. If you would like to receive a statement
for a particular period, please contact Customer Care using the information
provided above. Please include the name and service address on your account
in your letter or e-mail. Statements will show:
1. payments, credits,
purchases, and any other charges to your account,
2. your account
balance,
and
3. the payment
due date.
c) Administrative Fees.
In order to minimize
our monthly subscription fees, we may charge you one or more of the following
fees, all of which are subject to change:
1. Activation Fee: For
each Sirius Receiver on your account, we may charge you a one-time fee
to activate, re-activate, upgrade or modify your Sirius Satellite Radio
service. The fee is payable in the billing period immediately following
the date that the charge was incurred.
2. Late Fee: If we do
not receive your payment by the billing due date we may charge you a late
fee of up to $5.00 (plus applicable taxes) per month or partial month until
the delinquent amount is paid in full, subject to applicable law. We do
not extend credit to customers and this late fee is not an interest charge.
This fee is reasonably related to the actual expense we incur due to late
payment and may be subject to limitations set forth by law in your state.
3. Deposits: If you wish
to reactivate your Service after a deactivation for non-payment, you must
pay your account in full and we may require a deposit before we reactivate
your Service. Deposits will appear on your bills as credits, from which
we will deduct our charges. Deposits will not earn interest.
4. Account History: If
you request a paper history itemizing past payments and changes on your
account, we may charge you a fee of up to $10.00 to offset our costs.
5. Returned Payment Fee:
If any bank or other financial institution refuses to honor any payment
of yours, we may charge you a collection fee that is the lesser of (i)
$20.00 ($15.00 for residents of West Virginia); and (ii) the maximum amount
permitted under applicable law. You acknowledge that this collection fee
is not an interest charge, finance charge, time price differential or other
such charge or payment of a similar nature and it is reasonably related
to the actual expense we incur due to unsatisfied payment.
d) Questions About Your
Bill.
If you have a question
about your Service or bill, or if you would like to change or reactivate
your Service, contact Customer Care using the information provided above.
We will respond to you as promptly as we can. If you write or e-mail Customer
Care, please include the following information:
Your name and service
address;
The dollar amount in
question; and
The details of your question.
Please do not include
any payment with your correspondence. If you wish to dispute any charge,
you must contact Sirius within 45 days after the due date of the payment
in question (see Section 9 "Resolving Disputes") for how to notify Sirius
that you are disputing a charge): OTHERWISE YOU WAIVE YOUR RIGHT TO DISPUTE
THE CHARGE. Undisputed portions of your account must be paid by the due
date to avoid a late fee and possible deactivation of the Service.
e) Payments.
You must pay in U.S.
dollars, by credit card or branded debit/check card. The outstanding balance
is due in full each payment period. We may, in our discretion, accept partial
payments, which will be applied to the oldest outstanding statement.
f) If You Don't Pay On
Time.
We expect you to pay
your account balance on time. If you don't pay your account balance on
time, we may deactivate your Service, after any applicable grace period.
If you purchased an annual subscription to any Service and your account
is past due, we may convert your subscription to a monthly subscription.
If so, we will prorate your subscription and amounts owed to us and will
apply your pre-payments to past due amounts and any remaining credit to
future obligations.
g) Consents Regarding
Credit.
In applying to establish
an account with us, you authorize us to inquire into your creditworthiness
by checking with credit reporting agencies. If you are delinquent in any
payment to us, you also authorize us to report any late payment or nonpayment
to credit reporting agencies.
h) Change of Address
or Credit or Charge Card Information.
You must notify Customer
Care immediately of any change in your name, billing address, service address,
e-mail address, telephone number or credit or charge card information.
i) Taxes.
You will pay all taxes
or other government fees and charges, if any, which are assessed based
on the service address on your account.
6. CANCELLATION
a) Term.
The term of your subscription
is indefinite and Service will continue until cancelled.
b) Your Cancellation.
You may cancel Service
by notifying Customer Care. This notice will become effective on the date
we receive it. You are responsible for payment of all outstanding balances
accrued through that effective date. We will refund amounts you may have
prepaid, less any amount necessary to adjust the price you paid for Service
prior to cancelling back to our standard monthly price in the event you
received a discount for prepaying.
c) Our Cancellation.
We may cancel your Service
at any time if you fail to pay amounts owing to us when due (subject to
any applicable grace period) or breach any Term, or for any other reason.
If your Service is cancelled, you will still be responsible for payment
of all outstanding balances accrued through the cancellation date, including
any fees described in Section 5.
d) Suspension.
We allow you to suspend
and reactivate your service without charge for a limited time if your Sirius
Receiver or vehicle is lost or stolen (documentation may be required).
Please contact Customer Care for details.
7. CUSTOMER
You acknowledge and agree
that we have the right to make portions of our customer list available
to carefully selected third parties that we believe offer products and
services that may be of interest to you. If you prefer that we not provide
your information to third parties, please contact Customer Care.
8. LIMITS ON OUR RESPONSIBILITY
a) DISCLAIMERS.
EXCEPT AS EXPRESSLY PROVIDED
HEREIN, WE MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED,
REGARDING THE SERVICE OR YOUR SIRIUS RECEIVER OR OTHER EQUIPMENT. ALL SUCH
WARRANTIES OR REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT) ARE HEREBY DISCLAIMED.
b) LIMITATIONS OF LIABILITY.
WE ARE NOT RESPONSIBLE
FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSSES RELATING
TO THE USE OR PURCHASE OF ANY SIRIUS RECEIVER OR EQUIPMENT OR THE SERVICE,
WHETHER BASED ON NEGLIGENCE OR OTHERWISE. OUR TOTAL LIABILITY TO YOU AND
ANY OTHER PERSONS RECEIVING OUR SERVICE, REGARDLESS OF THE CAUSE, WILL
IN NO EVENT EXCEED THE AMOUNTS THAT YOU HAVE PAID TO US FOR THE SERVICE
THAT YOU RECEIVED DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO
THE SPECIFIC EVENT THAT GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. THIS
ALLOCATION OF RISK IS REFLECTED IN OUR PRICES. YOU MAY HAVE GREATER RIGHTS
THAN DESCRIBED ABOVE UNDER YOUR STATE'S LAWS.
9. RESOLVING DISPUTES.
In order to expedite
and control the cost of disputes, you agree that any legal or equitable
claim (a "Claim") relating to the Service, or these Terms, will be resolved
as follows:
a) Informal Resolution.
We will first try to
resolve any Claim informally. Accordingly, neither of us may start a formal
proceeding (except for Claims described in Section 9(d)) for at least 60
days after one of us notifies the other of a Claim in writing. To initiate
a Claim, you must send notice by U.S. mail to the address at the beginning
of these Terms. If Sirius initiates a Claim, we will send our notice to
the service address on file with us.
b) Formal Resolution.
Except as provided in
Section 9(d), if we cannot resolve a Claim informally, any Claim either
of us asserts will be resolved only by binding arbitration. The arbitration
will be conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA Rules") that are in effect at the time the
arbitration is initiated and under the rules set forth in these Terms.
If there is a conflict between the AAA Rules and these Terms, these Terms
will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
If you initiate an arbitration, you agree to pay a fee of $125 or, if less
and you tell us in writing, the amount that you would pay to initiate a
lawsuit against us in the appropriate court of your state. We agree to
pay any additional fee or deposit required by the American Arbitration
Association in excess of your filing fee. We also agree to pay the costs
of the arbitration proceeding up to a maximum of one-half day (four hours)
of hearings. Other fees, such as attorney's fees, expenses or travel to
the arbitration and the costs of a proceeding that goes beyond one-half
day will be paid in accordance with the AAA rules. The arbitration will
be held at a location within 100 miles of your residence unless you and
we both agree to another location. To start the arbitration, you or we
must do the following things:
i. Write a demand for
arbitration. The demand must include a description of the Claim and the
amount and the amount of damages sought to be recovered;
ii. Send three copies
of the demand
i. for arbitration plus
the appropriate filing fee to: American Arbitration Association, 601 Pennsylvania
Avenue, N.W., Suite 700, Washington, D.C. 20004;
ii. Send one copy of
the demand for arbitration to us by U.S. mail to the address at the beginning
of these Terms (if you start the arbitration)
i. or to you at the service
address on file with us (if we start the arbitration).
c) Binding Effect.
In the arbitration proceeding,
the arbitrator must follow applicable law, and any award may be challenged
if the arbitrator fails to do so. Otherwise, the arbitrator's decision
is final and binding on all parties and may be enforced in any federal
or state court that has jurisdiction. A court may sever any portion of
this Section 9 that it finds to be unenforceable.
d) Exceptions.
Notwithstanding the foregoing:
i. any dispute over the
validity of either party's intellectual property rights or our licenses
to operate our business,
ii. any Claim based on
Section 1(b) above, and
i. any dispute involving
a violation of the Communications Act of 1934, 47 U.S.C. §605, or
the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521,
may be decided only by a court of competent jurisdiction.
iii. Nothing in these
Terms shall affect our ability to terminate your Service for non-payment
of amounts owed to us when due. Furthermore, nothing in these Terms will
prevent us from bringing an action in a court of competent jurisdiction
in order to collect any unpaid amounts.
10. MISCELLANEOUS
a) Notice.
Notices to you will be
deemed given when deposited in the mail or when sent by e-mail. Notices
may be included in our statements or other communications to you. We may
also provide notice to you by telephone, which will be deemed given when
a message is left with you, someone answering the telephone at your residence
or on an answering machine or voice mail system at your phone number on
record with us. Your notices to us will be deemed given when we receive
them at the address (regular or e-mail) or telephone number set forth at
the beginning of these Terms.
b) Applicable Law.
The interpretation and
enforcement of these Terms shall be governed by the rules and regulations
of the Federal Communications Commission, other applicable federal laws,
and the laws of the State of New York. These Terms are subject to modification
if required by such laws. Notwithstanding the foregoing, Section 9 shall
be governed by the Federal Arbitration Act.
c) Assignment of Account.
We may assign your account
and all rights and/or obligations hereunder to any third party without
notice for any purpose, including without limitation collection of unpaid
amounts, in the event of an acquisition, corporate reorganization, merger
or sale of substantially all of our assets to another entity. You hereby
consent to such assignment. You must continue making all required payments
to us in accordance with your billing statement, unless notified otherwise.
d) Other.
These Terms make up our
entire agreement relating to your Service. No salesperson or other representative
is authorized to change it for you, although Sirius may modify it without
prior notice to you (see Section 2). If any provision is declared by a
competent authority to be invalid, that provision will be deleted or modified
to the extent necessary, and the rest of these Terms will remain enforceable.
Any specific Terms that expressly or by their nature survive termination
shall continue thereafter until fully performed.
|
|