Forum Discussion

maratsade's avatar
maratsade
Distinguished Professor IV
7 years ago

Interesting nuggets from the subscriber contract

13.1 WARRANTY DISCLAIMER.

HUGHES DOES NOT OFFER ANY WARRANTY IN CONNECTION WITH THE SERVICE OR THE SUBSCRIBER EQUIPMENT. THE SERVICE IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HUGHES EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR OPERATE AT ANY MINIMUM SPEED. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE SUBSCRIBER EQUIPMENT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY HUGHES, ITS EMPLOYEES, DEALERS, OR THE LIKE SHALL CREATE A WARRANTY.

 

Also, in section 13.2:

 

Without limiting the foregoing, Hughes shall not be responsible for: (a) any failure to transmit or store, or for any deletion of, any communication, message, email, or content transmitted through, sent to, or received by the Service or Hughes’ servers; or (b) any modification, suspension, interruption, or discontinuance of the Service.

  • GabeU's avatar
    GabeU
    Distinguished Professor IV
    7 years ago

    Protection against, "Your service was down so I couldn't sell my stock, and now I'm out $XXX.  You owe me!"  or "Because I couldn't submit my contract on time, due to your service being down because it was snowing, I lost my job.  You owe me $XXX"  

     

    For all intents and purposes, legally speaking, they don't owe anyone anything due to this recent outage.  However, as we've seen, they do sometimes compensate, like with the Tokens during the last wide outage.  

    • maratsade's avatar
      maratsade
      Distinguished Professor IV
      7 years ago

      Yes, they do compensate sometimes, which is more than I can say for other companies (I'm looking at you, V---on, and X---ty). 

      • Reggie's avatar
        Reggie
        Teaching Assistant
        7 years ago

        I know this is off topic.

         

        If my electric go out for days. Is the electric company going to replace all the home grown beef and my store bought ice cream?