Pocket Express is a Service ("Pocket Express Service") governed by the MetroPCS
Terms and Conditions of Service ("Agreement") and as such, incorporates all provisions
of the Agreement, including without limited, the following provisions: Scope of
Service, Charges, Use of Service, Billing and Payment, Termination, Disclaimer of
Warranty, Limitation of Liability and Arbitration; Dispute Resolution.
By using the Pocket Express Service, you are agreeing that you have read the terms
of the Agreement and the Pocket Express Terms of Use and are indicating your intention
to be bound by the legal terms and conditions of use therein.
You may use the Pocket Express Service to receive information which MetroPCS doesn't
own or control. MetroPCS doesn't endorse, sponsor or control (and therefore can't
accept responsibility for) the information content you locate using Pocket Express
Service.
Availability and reliability of Pocket Express Services are subject to transmission
limitations, and actual device speed may vary.
IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE AGREEMENT, YOU ACKNOWLEDGE THAT
THE USE OF THE Pocket Express AND ITS LICENSORS SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY
KIND. METROPCS MAKES NO WARRANTY THAT THE Pocket Express SERVICE WILL (i) MEET YOUR
REQUIREMENTS, (ii) ALLOW ACCESS TO ALL THIRD PARTY SITES, OR (iii) BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION OBTAINED FROM ANY OTHER SOURCE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT OR THE Pocket Express
TERMS OF USE.
You are responsible for all activities undertaken by you using the Pocket Express
Service. You shall not use, nor permit others to use, the Pocket Express Service
in a manner or for a purpose contrary to this Agreement.
You acknowledge and agree that Pocket Express Service and any necessary software
used in connection with Pocket Express Service is the proprietary and confidential
information of MetroPCS and its third party vendors and are protected by applicable
intellectual property and other laws including without limitation, patents, designs,
trademarks, copyrights, or trade secrets. You are strictly prohibited from copying,
modifying, creating derivative works, reverse engineering, reverse assembling or
otherwise attempting to discover the source code of any proprietary software provided
to you in conjunction with the Pocket Express Service.
YOU AGREE TO HOLD METROPCS AND ITS LICENSORS HARMLESS AGAINST ANY AND ALL CLAIMS,
DEMANDS, ACTIONS, OR OTHER CAUSES OF ACTION (INCLUDING ACTIONS BY THIRD PARTIES)
ARISING OUT OF THE USE OR ATTEMPTED USE OF THE Pocket Express SERVICE. You agree
that while using Pocket Express Service, you will not violate any applicable law,
regulation, code or rule, or post or transmit any commercial, advertising or promotional
materials, including, without limitation, spam or mass distributions.
Should you be unwilling to accept these Pocket Express Terms of Use, or if you are
not satisfied with Pocket Express Service, you should not use the Pocket Express
Service.