Terms & Conditions
Powerfulsatellite.com acts as a sales and installation contract company via other Utah entities. By placing your order by phone or via the Internet with Dimensional Solutions, LLC (www.powerfulsatellite.com),
you are agreeing to the following terms and conditions governing your
purchase of merchandise and/or services from Dimensional Solutions, LLC. By placing your order, you are creating a
legally binding contract with Dimensional Solutions, LLC. If you do not agree to these terms, please do not order www.powerfulsatellite.com
Definitions
As used herein, the word "agreement" shall mean the Order Form you
just completed and these Terms and Conditions of Purchase (including any
terms incorporated by hyperlink). The words "I", "you" or "your" shall
mean the person completing this transaction.
DISH Network Subscription
I understand that Dimensional Solutions, LLC is not DISH Network, nor an authorized DISH Network dealer/reseller, but rather acts as a contract company for DISH Network, and/or other retailers who act on behalf of DISH Network.
Warranty
Dimensional Solutions, LLC hereby disclaims all
warranties, whether express or implied, including the warranties of
merchantability and the warranty of fitness for a particular use. Dimensional Solutions, LLC does not warranty or guaranty
any DISH Network receivers or components and all warranty work must be
done in accordance with the manufacturer's warranty found here.
Limitation of Liability
In no event shall Dimensional Solutions, LLC be
responsible for incidental or consequential damages arising by reason of
your purchase of merchandise or services from DISH Network via this website.
Indemnity
You agree to indemnify and hold harmless Dimensional Solutions, LLC against any costs, fines, claims, damages,
charges, or fees (including reasonable attorney's fees) arising by
reason of your purchase, the installation or use of the satellite
equipment you are purchasing.
Notices
If notice is required, you agree to notify Dimensional Solutions, LLC by e-mail at jeff@powerfulsatellite.com or by
phone 801.830.0612. Notice will be deemed given when received by said company. Dimensional Solutions, LLC will not be liable for problems caused by
misdirected or undelivered e-mail. Said company will direct all correspondence to you at the postal
address or email address provided on the Order Form unless you notify us
of a change of address.
Enforcement of This Agreement
This agreement shall be governed by and interpreted in accordance
with the laws of the State of Utah, excluding its conflict of laws
provisions. Any dispute under or in connection with this Agreement or
any of the transaction contemplated herein shall be subject to the
exclusive jurisdiction of and the personal jurisdiction within the state
and federal courts within Utah County, Utah. You hereby waive any
objection you may have to personal jurisdiction in such courts. In the
event you default on the terms of this agreement, you agree to pay to
Dimensional Solutions, LLC all costs, fees and
expenses including reasonable attorney's fees.
Use of Electronic Records
I agree to Dimensional Solutions, LLC use of
electronic records to evidence this agreement. I understand that I have
the right to not consent to the use of electronic records by not
transacting business with said company. In such event, this will be null and void. My consent applies
only to this transaction. I hereby waive any objection I may have to
Dimensional Solutions, LLC use of electronic
records in court should it be necessary for said company to enforce the terms of this agreement.
Miscellaneous Matters
This agreement constitutes the entire understanding of the parties
with regard to your purchase. All prior representations, oral or
written, and all prior agreements, oral or written, having been merged
into this agreement. This agreement or any portion hereof shall not be
construed against the drafting party by reason of that party having
drafted the agreement or portion hereof. If any provision, paragraph, or
subparagraph of this agreement is adjudged by any court of law to be
void or unenforceable, in whole or in part, the rest of the agreement
shall remain in effect. The parties agree that in such event, the
offending clause will be replaced with a provision or provisions having
the same economic effect. This agreement shall be binding on, and shall
inure to the benefit of, the parties to it and their respective heirs,
legal representatives, successors and assigns. In all matters contained
in this agreement, time is of the essence.
BY ORDERING
FROM www.Powerfulsatellite.com, I HEREBY ACKNOWLEDGE THAT I HAVE READ
THE ABOVE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY
BOUND BY THEM.
Revised 05/02/2006