By using By the Minute service ( "BTM Service") for MetroPCS wireless services offered by T-Mobile USA, Inc. and any of its subsidiaries ("us," "we," "our" or "MetroPCS"), or activating a BTM Service card ("BTM Service Card"), you acknowledge and agree that your use of the BTM Service is subject to, and conditioned upon, the following Terms and Conditions of Use (these "Terms and Conditions"). By utilizing the BTM Service, you agree that the provision of the BTM Service will be governed by, and you will abide by, the following:
Your MetroPCS BTM Service Card, once activated, may only be used to purchase MetroPCS BTM Services. BTM Services, and BTM funds, are designed and priced to be used on MetroPCS’ network. You will need to activate your BTM Service Card, and when you activate your BTM Service Card, you will also need to contact Us to establish a BTM Service Account ("BTM Service Account"). Funds that you place into your BTM Service Account, via the purchase, activation and utilization of BTM Service Card, or otherwise, are valid for up to 30 days, if you do not place additional funds in your BTM Service Account within such 30 day period. The funds in your BTM Service Account or represented by a BTM Service Card are not refundable. You should only place funds in your BTM Service Account you intend to use within the applicable 30 day period. You acknowledge and agree that your BTM Services will be rated by Us based upon the rates applicable to your most recent funds placed in your BTM Service Account regardless of the rating of amounts which were previously placed in your BTM Service Account.
Calls are billed in one minute increments and are rounded up to the next nearest whole minute. For purposes of determining the per-minute length of your BTM Service calls, your call will be rounded up to the nearest minute. Charges for a completed call from your wireless device will begin when you press the SEND key and will end when either party ends the call. For BTM Services where charges are based on the amount of time used, We will round up any fraction to the next full minute and you may be charged for calls to Customer Service and toll-free numbers. For BTM Services based on data usage, we will round up to the nearest whole kilobyte. For outgoing calls, usage time starts when you first press SEND or the call connects to a network, and for incoming calls, it starts when the call connects to a network (which may occur before it rings). Usage time may end several seconds after you press END or after the call disconnects. For calls made on our network, we only charge for calls that are answered, including by machines. You acknowledge and agree that we do not provide credits, reimbursement, or any other form of compensation, for your failure or inability to complete calls, for poor quality of calls, for dropped calls, for blocked calls, or otherwise. Your use of web and data services are billed in full 100 kilobyte increments and rounded up to the next nearest full 100 kilobyte. We may limit your outbound text messages, or charge your BTM Service Account funds per text message you send. We may not charge your BTM Service Account funds for inbound text messages, but reserve the right to do so in the future in our sole discretion without prior notice.
Your BTM Service Account may also be charged for E911 services, voice mail access, checking your balance, MyMetro® usage, and handset software updates provided by Us or third parties.
Because BTM Services are designed and priced to be used for your use on MetroPCS’ network, your BTM Service Account may be charged at double the per minute rate outside of MetroPCS’ network areas. In order to receive service outside Our network, you may be required to establish a MetroConnect account. You may not fund your MetroConnect account using funds for your BTM Service or represented by BTM Service Cards. You must have funds in your MetroConnect account in order to utilize the MetroPCS TravelTalk coverage areas. Web and data services will not be available to you in the event you utilize MetroPCS’ TravelTalk coverage areas. In addition to per minute TravelTalk charges from your MetroConnect funds, We may also charge your BTM funds for services used by you in the event you utilize MetroPCS’ TravelTalk coverage areas.
Your BTM Services currently include all applicable taxes and regulatory charges. However, depending on the state in which you purchase your BTM Service Card, you may be assessed taxes and fees on the purchase of your BTM Service Card.
Service not available on all rate plans. Service only available on devices with Android operating system. 4G LTE coverage and services not available everywhere. Other 4G LTE service plans available, with different features. Rates, services and features subject to change. See metropcs.com or a MetroPCS store for information on Terms and Conditions of Service, coverage areas, handset capabilities, and restrictions. MetroPCS-related trademarks, service marks, and other intellectual property are the exclusive properties of MetroPCS Wireless, Inc. Android is a trademark of Google, Inc. Rhapsody and the Rhapsody logo are trademarks or registered trademarks of Rhapsody International, Inc. Music downloaded using the Rhapsody unlimited feature is licensed so long as you have an active account. Music only licensed for personal use by you.
A. TERMS AND CONDITIONS OF THE METROPCS eWALLET
The following link provides terms and conditions related to payment services (the “Service”) offered by MetroPCS wireless services by T-Mobile USA, Inc. and any of its subsidiaries ("us," "we," "our" or "MetroPCS") through Fiserv Solutions, Inc. and its affiliates (“Fiserv” or the “Company”).
"Agreement" means these Terms and Conditions of the Service. "Authorized User" is you as the subscriber (“Subscriber”) to the MetroPCS eWallet or any individual who you allow to use the Service or your password or other means to access your MetroPCS eWallet. "Billing Account" means the account you have directly with MetroPCS related to the mobile phone and related products and services provided to you by MetroPCS. “Business Day” means Monday through Friday, but excluding holidays as observed by the Federal Reserve Bank. “Company” is Fiserv Solutions, Inc.and its affiliates. "Funding Account" is the checking account, debit card account, or credit card account from which or to which Payments will be debited or charged. “Mobile Alerts” is a function of the Service whereby SMS text messages are sent to your mobile phone to serve as additional notifications of system events related to the MetroPCS eWallet.
“Payment” is a payment transaction initiated by an Authorized User through the Service to MetroPCS.
"Payment Date" is the day your Funding Account will be debited or charged for the Payment.
"Payment Instruction" is the information provided by you to the Service for a Payment to be made to MetroPCS (such as, but not limited to, Billing Account number, your MetroPCS mobile number, Payment Date).
“Personal Information” refers to information used to uniquely identify a single person.
“Default Funding Account” is a Funding Account that has been designated as your primary, default account, which the Service will execute transactions against unless you otherwise specify or in circumstances as described in these Terms & Conditions.
“Scheduled Payment “ is a Payment established to take place on a future date that has been established by you. "Service" means the Payment services offered to you by MetroPCS through Fiserv, and includes MetroPCS and/or Fiserv as required by the context of the specific terms and conditions herein. "We," "us," and "our" refer to the Service. "You" and "your" refer to the individual that is using the Service.
To be eligible for the Service, you must be at least 18 years old and a legal resident of the United States.
Your use of the Service is your confirmation that you meet all eligibility requirements for the Service and your acceptance of and agreement to the MetroPCS Terms and Conditions of Service.
The Service may impose limits on the amount of money you use or number of Payments you may execute in a period of time. Limits on the amount of money you use or number of Payments you may execute in a period of time, if any, may be found at www.metropcs.com.
ADDING FUNDING ACCOUNTS, PAYMENT AUTHORIZATION, AND PAYMENT
You authorize the Service to add Funding Accounts to your MetroPCS eWallet when received from you through MetroPCS. You also authorize the Service to follow the Payment Instructions that it receives from you through MetroPCS and/or MetroPCS’ agents. When the Service receives a Payment Instruction, you authorize the Service to debit or charge your Funding Account and remit funds to MetroPCS on your behalf. You certify that any Funding Account you add to your profile is an account held by you and from which you are legally authorized to debit or charge Payments, and any Payment you make using the Service will debit or charge a Funding Account that you are legally authorized to use.
The first Funding Account that you add to your profile shall be deemed to be your Default Funding Accounts, unless you later change the designation of what shall be the Default Funding Account. If your identity cannot be verified satisfactorily, the Service may not allow you to add a specific type of Funding Account to your eWallet.
MetroPCS, Fiserv and the Service shall incur no liability if the Service is unable to complete any Payments initiated by you because of the existence of any one or more of the following circumstances:
1. If, through no fault of the Service, your Funding Account does not contain sufficient funds or a sufficient credit limit to complete the Payment or if the Payment would exceed the credit limit of your Funding Account or overdraft account;
2. The Service's payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the Payment;
3. You have not provided the Service with the correct Funding Account information; and/or
4. Circumstances beyond the control of the Service (such as, but not limited to, fire, flood, or interference from an outside force), even if foreseeable or foreseen, that prevent the proper execution of the Payment and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Funding Account or causes funds from your Funding Account to be directed in a manner that does not comply with your Payment Instructions, your sole remedy shall be the Service returning the improperly transferred funds to your Funding Account, and directing to MetroPCS any previously misdirected Payments.
FUNDING ACCOUNT NUMBER AND EXPIRATION DATE CHANGES
If your credit or debit card account number or bank account number changes or your credit or debit card expiration date changes, we may acquire that information from our financial services partners without notice to you and update your Funding Account.
PAYMENT CANCELLATION REQUESTS
With the exception of AutoPay (as discussed below under “Cancelling Autopay Payments”), once the Service has begun processing any Payment, the Payment cannot be canceled or edited through the Service.
FAILED OR RETURNED PAYMENTS
In using the Service (including Autopay, as discussed below), you are requesting the Service to make Payments for you from your Funding Account. If we are unable to complete the Payment for any reason associated with your Funding Account (for example, if there are insufficient funds in your Funding Account to cover the Payment or your credit limit has been reached, the Billing Account or Funding Account number is not valid, the Service is unable to locate your Billing Account or Funding Account, or your Billing Account is already paid in full), the Payment may not be completed. You understand that the Service, your financial institution, your card issuer, payment processors and/or other parties may return Payments for various reasons, including those outlined above. Further, in order to manage risk, the Service may limit the Funding Accounts available, or the allowed Payment amount, for any or all Payments, including Auto Payments. The Service reserves the right to use any Funding Account found within your MetroPCS eWallet to make your Payment to MetroPCS. If we cannot process your Payment, you are still responsible to make it, and you are responsible for ensuring timely payment of all of your MetroPCS bills.
An AutoPay Payment is a type of Payment whereby you authorize the Service to directly charge a Funding Account in your MetroPCS ewallet for on‐demand charges. On‐demand charges include, but are not limited to, your monthly service fees and due immediately charges. AutoPay payments will be made to your account to cover any due immediately charge not made by you using another mechanism, to ensure your Service is not suspended. AutoPay service payments will be authorized five days from your monthly anniversary date, to pay for your Service. Prior to your billing Service due date, you will receive notification by SMS Text of your balance, which will be charged to your Default Funding Account.
Upon successful AutoPay payment, the Service will provide a payment confirmation SMS text, with confirmation number.
Canceling Autopay Payments
You may cancel an Autopay Payment at any time up to three(3) Business Days prior to the date such payment is scheduled to be made. To cancel an Autopay Payment, log into your MetroPCS eWallet account on www.metroPCS.com and follow the instructions to remove the AutoPay preference from the Funding Account. In addition, if you cancel an Autopay Payment, you will still be liable to MetroPCS for the payment and be required to pay MetroPCS through alternative means.
TEXT TO PAY
If you have not established AutoPay with a Default Funding Account, you may choose to utilize the Service’s Text to Pay functionality. A Text to Pay Payment is a type of one‐time Payment whereby you authorize the Service via a mobile originated text message to directly charge your Default Funding.
Account in your MetroPCS eWallet for MetroPCS services or related products you purchase. You will be prompted by MetroPCS through a free billing notification text message that you have MetroPCS service or related product charges pending. When you reply to the Service via a mobile originated text message with your Payment Instruction in an approved format, you authorize the Service to charge your Default Funding Account for such Text to Pay Payment.
BILLING ACCOUNT INFORMATION
Authorization to obtain Billing Account Information ‐ Your activation of the MetroPCS eWallet shall be deemed to be your acceptance of these Terms and Conditions, the MetroPCS Terms and Conditions of Service located at www.metropcs.com, and your authorization for the Service to obtain account information necessary to perform the Service from MetroPCS on your behalf.
Accuracy and dispute of Billing Account Information ‐ The Service is unrelated to the maintenance of your Billing Account information. The Service is only responsible for presenting to you the information we receive from MetroPCS. Any discrepancies or disputes regarding the accuracy of your Billing Account information or detail must be addressed by you with MetroPCS directly.
PASSWORD AND SECURITY
MetroPCS controls your enrollment in the Service, the issuance of your password, and your authentication when you enroll and each time you access the Service. You agree not to give or make available your password or other means to access the Service to any unauthorized individuals. You are responsible for all Payments you authorize using the Service. If you permit Authorized Users or other persons to use the Service or your password or other means to access the Service, you are responsible for any Payments they authorize. If you believe that your password or other means to access the Service has been lost or stolen, or that someone may attempt to use the Service without your consent or has transferred money without your permission, you must notify MetroPCS' customer care department at once during their customer service hours. You acknowledge and agree that MetroPCS shall not be liable or responsible for any unauthorized payments, charges or debits made by someone using your password.
YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
If you believe there has been any unauthorized transfer related to your Funding Account from the Service, you should immediately notify MetroPCS’ customer care department, your credit and/or debit card issuer, and your financial institution to report the unauthorized transactions related to your Funding Account. Your liability for unauthorized transactions will vary depending on the type of Funding Account used and the cardholder and/or account holder agreements in place with those Funding Accounts. You acknowledge and agree that MetroPCS shall not be liable or responsible for any unauthorized transfers.
You agree that the information you provide to the Service can go through a verification process. You agree that the Service reserves the right to obtain financial information regarding your Funding Account(s) from your financial institution or card issuer (for example, to resolve payment posting problems or for verification or for other purposes related to the Service). You also agree the Service may request information such as your birth date, social security number, and zip code to help prevent fraud.
SERVICE FEES AND ADDITIONAL CHARGES
Any fees associated with your Funding Account will continue to apply from the applicable financial institution or card issuer. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider in connection with your utilization of the Service. When applicable, MetroPCS will add any applicable fees and/or charges for the Service to your Billing Account and you are responsible for payment of such fees and charges for your use of the Service. There is no fee for enrollment into the MetroPCS eWallet. However, there may be fees imposed by MetroPCS associated with your use of the various payment channels provided by MetroPCS for execution of your Payments.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. You authorize us to end or provide by electronic communication any notice, communication, amendment or replacement to the Agreement, or disclosure required to be provided orally or in writing to you. You agree to receive any electronic communication provided to you and will not attempt to avoid receiving any such communication. You are deemed to have received any electronic communication provided to you when they are made available to you.
ADDRESS OR BANKING CHANGES
It is your sole responsibility to ensure that the contact information in your user profile that you establish with MetroPCS is current and accurate. This includes, but is not limited to; name, address, phone number(s) and e‐mail address(es). The Service is not responsible for any payment processing errors or fees incurred if you do not provide accurate Funding Account or contact information.
By accepting these Terms and Conditions, you agree to receive all notifications relating to the Service in electronic form delivered to your mobile phone or device as an SMS message or to your email account.
It is your sole responsibility to ensure that the e‐mail address and mobile phone number listed for your Billing Account are accurate and current.
SERVICE TERMINATION, CANCELLATION OR SUSPENSION
In the event you wish to cancel the Service, you may do so by contacting MetroPCS' customer care department or through other MetroPCS interfaces where permitted. Any Payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments will not be processed once the Service is canceled. The Service may terminate or suspend availability of the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
In the event of a dispute regarding the Service, you agree to resolve the dispute by looking to this Agreement. If you dispute a Payment made from a Funding Account that is a credit card account, you acknowledge that such dispute (including, but not limited to, chargeback or fraud) must be taken up with your credit card company; the Service is not responsible for any research or resolution of such credit card payment disputes. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service, and it supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what a representative of the Service or customer service department says and the terms of this Agreement, the terms of this Agreement will prevail.
IMPORTANT: THE METROPCS TERMS AND CONDITIONS OF SERVICE REQUIRE THE USE OF INDIVIDUAL
ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS TO RESOLVE DISPUTES. ARBITRATION IS
MORE INFORMAL THAN LITIGATION BECAUSE IT USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE
OR JURY AND ALLOWS FOR LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT. YOU
SHOULD READ THE METROPCS TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE AGREEING
TO THESE TERMS AND CONDITIONS OR USING THIS SERVICE.
You may not assign this Agreement to any other party. The Service may assign or delegate any or all of its rights and responsibilities under this Agreement to independent contractors or other third parties.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.
EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
This Agreement shall be governed by and construed in accordance with the laws of the state in which Service is primarily provided to you, excluding such state's conflicts of laws principles.
LIMITATION OF REMEDIES
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE TO PROVIDE YOU WITH SERVICE UNDER THIS AGREEMENT OR METROPCS' FAILURE TO PERFORM HEREUNDER SHALL BE YOUR RIGHT TO HAVE FISERV OR METROPCS RE‐PERFORM SUCH SERVICE.
LIMITATION OF LIABILITY
THE FOREGOING SHALL CONSTITUTE THE SERVICE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICE. FURTHER, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE SERVICE, YOUR USE OF THE SERVICE, OR THE ACTS OR OMISSIONS OF FISERV OR METROPCS. YOU HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
Product names, logos, designs, titles, words or phrases within this publication may be trademarks, service marks, or trade names of MetroPCS, Fiserv or other entities and may be registered in certain jurisdictions.
What Types of Personal Information We Collect
The Personal Information that the Service collects from or about you may include:
· Contact Information such as name, postal addresses, telephone numbers, and e‐mail addresses;
· Billing Account and Subscriber numbers and other information on statements;
· Information about bank checking accounts, debit card accounts and credit card accounts, if you decide to add these Funding Accounts to make Payments to MetroPCS ;Information such as birth date and Social Security Number to help verify your identity; Your IP address and standard web log information, such as your browser type and the pages you accessed on the Services’ website; Information provided to us by identity verification services; and Information to help authenticate your access to the Service.
How and from Whom We Collect Your Information
The Service may collect Personal Information about you from your use of the Service, from MetroPCS, from you directly through your entry of information for the Service, and from service providers under contract who assist us with identity verification and fraud prevention. Additionally, we may collect information from your financial institutions and credit card companies in the course of executing, researching, and supporting transactions.
How We May Use and Disclose Your Personal Information
· To complete transactions and render products and services authorized by you (such as to share the information with MetroPCS, to complete a Payment, and to send messages to you related to authorized services) · To verify your identity and perform fraud screening, to verify the information contained in your eWallet accounts (such as comparing information for accuracy with third parties during the enrollment process or as you add a bank account in the Service), and to perform follow up transactions related to your Payments (e.g., returns and chargebacks);
· To comply with laws and regulations, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of subscribers or the public, to defend the Service from claims, and to protect the Service’s rights and property, and as permitted by applicable law;
· To complete a change of control transaction in which all or a portion of Fiserv or MetroPCS operations and business are purchased or acquired by a third party; and As otherwise authorized by you.
We send a "session cookie" to your computer when you log in to your account or otherwise use the Service. This type of cookie helps us recognize you if you visit multiple pages on our site during the same session. Once you log out or close your browser, this cookie expires and no longer has any effect. We p- encode our cookies so that only we can interpret the information stored in them. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of our website.
We may also collect information about your computer or other access device to mitigate risk and for fraud prevention purposes.
You may encounter cookies from third parties when using the Service on websites that we do not control (for example, if you view a web page created by a third party or use an application developed by a third party, there may be a cookie placed by that web page or application.)
How We Keep Your Information Secure
To ensure your Personal Information remains confidential, the Service maintains physical, electronic, and procedural safeguards to help prevent unauthorized access to your Personal Information. We update and test our technology frequently to improve these protections and to ensure the integrity of your Personal Information.
The Service has policies and procedures that limit employee access to your Personal Information to those with a business reason to have such information. We educate our employees about the importance of confidentiality and customer privacy, and we take appropriate disciplinary measures to enforce our privacy practices.
Compliance with Applicable Laws
If you have any questions, comments or concerns about this Policy, please contact us at:
P.O. Box 601119,
Dallas, Texas, 75360‐1119,
Attention: Privacy Office
Should you need to change your contact, phone or account information, contact MetroPCS Customer Service at 888‐863‐8768.
California residents have a right to obtain a list of general Personal Information that MetroPCS has disclosed and the companies (both affiliated and unaffiliated third parties) among which such information is shared. This request must be sent to:
P.O. Box 601119,
Dallas, Texas, 75360-1119,Attention: Privacy Office and we will respond within 60 days.
2250 Lakeside Blvd.
Richardson, TX 75082
1. Unlimited Long Distance ("LD") Services provided by MetroPCS is intended for your personal use and not for commercial use or for resale. Loaning or renting your handset to third parties for their use is not considered personal use. We will presume certain usage, dialing, or calling patterns indicate that you are not using the LD service for your personal use and we reserve the right to suspend, terminate or restrict your services within no prior notice. If you believe that we are in error, you may contact customer service at 1-888-8metro8 and depending on the circumstances we may reactivate your LD Service. However, if the usage, dialing or calling patterns we deem connote non-personal use continues, we reserve the right to suspend, terminate or restrict your services within no prior notice and not allow you to reactivate service.
2. MetroPCS LD Services is available only while you are in MetroPCS’ Service Areas and may not work in areas served by our roaming partners.
3. MetroPCS’ LD Service allows you to place calls to select destinations in the continental United States and Puerto Rico. It will not allow you to place calls to all destinations. MetroPCS’ LD Service is not a substitute for all long distance services. MetroPCS’ LD Service excludes certain call types such as calls to non-geographic and premium numbers. The destinations which are available may change without notice. Enter the phone number above to determine if it is included. Please see a local store for details.
4. Long Distance telephone service is provided by third-party carriers, many of whom MetroPCS does not have any contractual relationship or service level agreements. In addition, the service provided by these third parties may not be the same as service provided by other long distance carriers. In some cases, the LD Service also may be provided using voice over Internet Protocol ("VoIP") to certain destinations. Events beyond our control may affect our service, such as power outages, fluctuations in the Internet, or maintenance. Accordingly, we provide our LD services on a best efforts basis.
5. By using MetroPCS LD feature you acknowledge and agree to the MetroPCS Terms and Conditions of Service. By using MetroPCS LD feature, you acknowledge, represent and agree that you will not use the MetroPCS LD feature, including without limitation, for commercial purposes beyond personal use, or to call, host, establish or maintain Chat Lines and certain multi-party/group services. MetroPCS rates, services, and features are subject to change. Coverage and services not available everywhere.
The terms and conditions relating to any additional features you may have selected or as may be included in your Rate Plan, including, but not limited to:
In the event that the terms and conditions relating to a feature you may have selected or may be included in your Rate Plan conflicts with the MetroPCS Terms and Conditions of Service, the Terms and Conditions of Service shall control.
By: (a) giving us a written or electronic signature or telling us orally that you accept the MetroPCS Terms and Conditions of Service; (b) activating Service (if you are a new subscriber); (c) using your Service after your Service is activated or after you make a change or addition to your Service; (d) paying for the Service; or (e) failing to activate Service within 30 days after the purchase of your wireless device, you agree to the MetroPCS Terms and Conditions of Service and the terms and conditions of service and use related to any feature you may have selected or may be included in your Rate Plan, including, but not limited to:
Revised: May 1, 2013
When you initiate Service with MetroPCS, you may receive a Start of Service form and this Agreement. These materials are part of your Agreement with MetroPCS. This Agreement governs the sale, use and delivery of MetroPCS wireless services ("Service" or "Services") to you (the purchaser or user of the Services) by T-Mobile USA, Inc. and any of its subsidiaries ("us," "we," "our" or "MetroPCS"). Certain other laws may also govern our provision of Services to you and such laws are incorporated in their entirety by this reference into this Agreement as if set forth in this Agreement. Your service also is subject to, and you agree to adhere to, our business policies, practices, and procedures, which we can change without notice to you (collectively, the "Policies"). Offers may not be available everywhere or combinable with other promotions/options. This Agreement, the Start of Service form, if any, the terms included in the Rate Plan brochure(s) describing your plan and services, if any, terms of service for products and services not otherwise described herein that are posted on applicable MetroPCS websites or in applicable product or service brochures, if any, and any documents expressly referred to herein or therein, if any, make up the complete agreement between you and us and supersede any and all prior and contemporaneous agreements, arrangements, representations, advertising, contracts, statements, offers, and understandings relating to the subject matter of this Agreement, whether oral or written, including, but not limited to, all previous versions of the Terms and Conditions of Service. You cannot rely on any other documents or statements by any sales person, service representative or other agent. You acknowledge and agree that you have not relied on any representation, assertion, guarantee, warranty, contract or other assurance, stated or made by anyone except those set out in this Agreement.
IMPORTANT: READ THIS AGREEMENT CAREFULLY. IT REQUIRES THE USE OF INDIVIDUAL ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS TO RESOLVE DISPUTES. ARBITRATION IS MORE INFORMAL THAN LITIGATION BECAUSE IT USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND ALLOWS FOR LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.
YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND POLICIES BY DOING ANY OF THE FOLLOWING: (A) GIVING US A WRITTEN OR ELECTRONIC SIGNATURE, OR TELLING US ORALLY THAT YOU ACCEPT THESE TERMS AND CONDITIONS; (B) ACTIVATING OR CONTINUING SERVICE; (C) USING YOUR SERVICE AFTER YOUR SERVICE IS ACTIVATED OR YOU MAKE A CHANGE OR ADDITION TO YOUR SERVICE; (D) PAYING FOR THE SERVICE; OR (E) FAILING TO ACTIVATE SERVICE WITHIN 30 DAYS AFTER THE PURCHASE OF YOUR WIRELESS DEVICE. BY DOING ANY OF THE FOREGOING, YOU ARE INDICATING YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE OF THIS AGREEMENT. IF YOU ARE A NEW CUSTOMER AND YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT INITIATE SERVICE.
IF YOU ARE AN EXISTING CUSTOMER AND THE SERVICE IS PROVIDED TO YOU UNDER A PRIOR AGREEMENT AND YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST TERMINATE SERVICE AS SET FORTH IN THE PRIOR AGREEMENT; PROVIDED, HOWEVER, THAT IF YOU CHOOSE TO TERMINATE SERVICE YOU WILL STILL BE BOUND BY THE PRIOR AGREEMENT, INCLUDING YOUR OBLIGATION TO PAY ANY OUTSTANDING AMOUNTS AND YOUR AGREEMENT TO ARBITRATE DISPUTES. IF YOU HAVE ANY QUESTIONS, DO NOT ACTIVATE OR USE YOUR SERVICE, AND CONTACT METROPCS OR ITS AUTHORIZED DEALERS TO HAVE YOUR QUESTIONS ANSWERED.
Arbitration Agreement; Dispute Resolution.
Any Dispute between you and us shall be resolved, upon the election of either you or us, by binding arbitration. References in this provision to "Dispute" shall be given the broadest possible meaning and shall include any dispute, claim, or controversy arising from or relating to this Agreement or Services and/or Products provided under this Agreement, including but not limited to: (1) all claims for relief and all theories of liability, whether based in contract, tort, statute, regulation, ordinance, fraud, or misrepresentation; (2) all disputes regarding the validity, enforceability or scope of this arbitration agreement (with the exception of its class action waiver); (3) all disputes that arose before this Agreement; (4) all disputes that arise after the termination of this Agreement; and (5) all disputes that are the subject of a putative class action in which no class has been certified. References in this provision to "us" include our parents, subsidiaries, affiliates, predecessors, successors, and assigns and our and their directors, officers, employees and agents. References in this provision to "you" include all beneficiaries of this Agreement and all users of the Services provided under this Agreement. Notwithstanding the foregoing, either party may bring an individual action in small claims court or bring Disputes to the attention of federal, state, or local agencies, including, but not limited to, the Federal Communications Commission.
If you do not wish to be bound by this arbitration agreement, you must notify us in writing at the address set forth in the "Notices" section above within 30 days of initiating Service or, if you never had the opportunity to opt out of arbitration, within 30 days of the date of the change notice giving you that opportunity. Your written notification to us must include your full name, MetroPCS account number and current address and must clearly state that you do not wish to be bound by this arbitration agreement. Your decision to opt out of this arbitration agreement will not adversely affect our relationship with or delivery of Service to you. If you have previously notified us of your decision to opt out of this arbitration agreement, you need not do so again.
Notwithstanding any provision in this Agreement to the contrary, if we change this arbitration agreement, you may reject the change without terminating or adversely affecting your Service by notifying us in writing at the address set forth in the "Notices" section above within 30 days of the date of the change notice. If you do, you shall arbitrate any Dispute in accordance with the terms of this arbitration agreement. If you do not, you will be bound by the changes.
Because this Agreement and the Services provided under this Agreement concern interstate commerce, this arbitration agreement shall be governed by the Federal Arbitration Act ("FAA").
The party initiating an arbitration may choose from the following independent, impartial arbitration administrators:American Arbitration Association 335 Madison Avenue, Floor 10 New York, NY 10017 1-800-778-7879 www.adr.org JAMS 1920 Main Street, Suite 300 Irvine, CA 92614 1-800-352-5267 www.jamsadr.com
Copies of their respective rules for consumer disputes and forms and instructions for initiating an arbitration may be obtained by contacting them or visiting their websites.
Any arbitration shall be conducted pursuant to the arbitration administrator's rules for consumer disputes in effect when the arbitration is initiated except to the extent they are inconsistent with this arbitration agreement. If the arbitration administrator will not enforce this arbitration agreement as written, the parties shall agree on or mutually petition a court of competent jurisdiction to appoint a substitute arbitration administrator who will do so.
The arbitrator shall enforce contractual, statutory and other limitation periods and shall honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered in any court having jurisdiction.
If we initiate the arbitration, we will notify you in writing at your then-current account address or (if your account is closed) the last address at which we contacted you. If you initiate the arbitration, you must notify us in writing at the address set forth in the "Notices" section above.
If your Dispute does not exceed $10,000, we will promptly reimburse your filing fee and will pay the arbitrator's other fees, costs and expenses. (If you cannot pay the filing fee, you may request that we pay the filing fee directly.) If, however, the arbitrator finds that your Dispute is frivolous or brought for an improper purpose, you shall reimburse the filing fee to us and the payment of the arbitrator's others fees, costs and expenses shall be governed by the arbitration administrator's rules.
You may hire an attorney to represent you in the arbitration proceeding and may recover your attorneys' fees and costs in arbitration to the same extent as you could in court if the arbitration proceeding is decided in your favor. We may hire an attorney to represent us in the arbitration proceeding but waive any right to recover our attorneys' fees and costs if the arbitration proceeding is decided in our favor.
Unless you and we agree otherwise in writing, any arbitration hearings will be held in the county of your then-current account address or (if your account is closed) the last address at which we contacted you.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out requirements above.
JURY TRIAL WAIVER. If a claim proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
ARBITRATION INVOLVES A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR RATHER THAN A JUDGE OR JURY. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY NAMED IN THE ARBITRATION PROCEEDING AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
This arbitration agreement shall survive the termination of this Agreement or the Service relationship.
Unless otherwise provided by applicable law, or otherwise in this Agreement, neither party has the right to bring a Dispute or other legal action under this Agreement more than one (1) year after the Dispute arose.
Nature of Services.
The Services are provided via Rate Plans under which, in certain circumstances, you do not pay metered "per minute" charges for service. In an effort to offer this Service on a reliable basis at a reasonable cost, MetroPCS may discontinue providing Service to you, change the services provided to you, change your Rate Plan, reduce the speed of any service provided, cap or restrict the amount of use of any service, change the services and features in your Rate Plan, discontinue your account, or discontinue or limit providing connections to particular telephone numbers, countries, destinations, providers, features, services, or types of services used, requested or called by you or allowing the provision of certain services or services in certain areas, such as pursuant to roaming arrangements, at certain times, or at certain speeds that, in the sole judgment of MetroPCS, appear likely to generate abnormally high call volumes, abnormally long average call lengths, calls with abnormally high costs, abnormally high use, or other disproportionate use when compared to those of other customers of MetroPCS (as described below under "Your Use Of The Service"), numbers or types of services or which may be harmful, disruptive, or interfere with MetroPCS' system or services to other customers. You acknowledge and agree that the web and data Rate Plans provided by MetroPCS are designed to be, and shall only be used, predominately for HTML/WAP browsing and multimedia streaming services provided by MetroPCS, its affiliates, authorized suppliers and licensors, and not for off-portal multimedia streaming services. We may provide notice to you prior to taking any of the foregoing actions, but you acknowledge and agree that we are not required to provide notice and you agree that we may take any of the foregoing actions without providing notice you. By initiating service and placing calls or using any other service on the MetroPCS system, you acknowledge and agree to MetroPCS' ability to modify or terminate your Service under these circumstances.
Service is limited to the operating range, spectrum, and capacity of our or our roaming partners’ wireless system in your service area. Your service area is the area depicted in the coverage map available to you when you activated Service and may change from time to time without notice. Since MetroPCS uses different spectrum in different areas of the country, service may not be available on all wireless devices in all areas. We may, but are not obligated to, provide notice when you are being served by a carrier other than ourselves. The specific network coverage you get will depend on the radio transmissions your wireless device can receive and use and the Services you have chosen. Specific Services may not be available on all wireless devices at all points in time due to wireless device hardware and/or software, changes to our network, network infrastructure, cessation of specific Services, or service by carriers other than ourselves. Except for 911 calls and any "roaming" service to which you have subscribed, you will not be able to use your wireless device outside of your service area for any calls, including local, long distance and international calls. Further, since services outside MetroPCS' area are provided by third parties, not all services may work outside your service area. Service depends on over-the-air radio transmissions. Our coverage maps provide high level estimates of our coverage areas when using Services outdoors under optimal conditions. Coverage is not available everywhere and depends on the Service purchased and the wireless device used. Service speeds are not guaranteed and actual speeds will vary. Estimating wireless coverage, signal strength and Service speed is not an exact science. There are gaps in coverage within our estimated coverage areas that may result in dropped and/or blocked connections, slower Service speeds, or otherwise impact the quality of Service. Many factors beyond our control affect your ability to make and receive calls on your wireless device, the quality of those calls, and the speed of your Service including, but not limited to, your location, the conditions of the atmosphere, terrain, nearby buildings and other structures, network capacity issues, system outages, failure of equipment to operate as expected, spectrum used, problems that occur with service we purchase from third parties, system upgrades, performance of system maintenance, accidents, network problems, network or Internet congestion, software, signal strength, your wireless device, weather, geography, topography, server speeds of the websites you access or other events outside of our control. As a result, sometimes Service, including calls or attempted calls to emergency services like 911, may be unavailable, interrupted or may fail, and the quality of calls may sometimes be poor. MetroPCS takes no responsibility for Service interruptions or problems caused by factors beyond our control. Any statements by MetroPCS, its employees, representatives or agents about the coverage of our system are intended only to describe MetroPCS' approximate coverage in your service area. You should not interpret any such statement to mean that Service will be available or without interruption in any service area.
Location Based Services.*
Services that rely on location information, such as E911 and GPS navigation, depend on your wireless device's ability to acquire satellite signals (typically not available indoors) and network coverage. Unlike traditional wireline telephones, depending on a number of factors (for example, where you are, whether local emergency service providers have upgraded their equipment, etc.), 911 operators may not know your telephone number, your location or the location of your wireless device. Due to regulatory and technical requirements, MetroPCS makes no guarantee that emergency 911 calls will be routed to a specific Public Safety Answering Point ("PSAP") or any particular public safety organization (for example, police department, fire department, ambulance services, etc.). MetroPCS takes no responsibility for the acts or omissions of any PSAP or any public safety organization (for example, police department, fire department, ambulance services, etc.). In certain circumstances, an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers. Enhanced 911 service ("E911"), where enabled by local emergency authorities, uses GPS technology to provide location information. Even when available, however, E911 does not always provide accurate location information. If your wireless device is indoors or for some other reason cannot acquire a satellite signal, you may not be located. Some wireless devices have a safety feature that prevents use of the keypad after dialing 911 - you should follow voice prompts when interacting with emergency service providers employing Interactive Voice Response ("IVR") systems to screen calls. While your wireless device is receiving a software update, you may be unable to use your wireless device in any manner until the software update is complete. Your wireless device may require you to elect to use location based services, or you may choose to use location based services, other than E911. If you elect to use location based services, you agree that we may use the location information transmitted from your wireless device to improve our location services. Your personal, biographical and calling information will not be used by us. By electing to use location based services, you agree and authorize us to send targeted, location based information to your mobile device and also to use or provide to third parties your location information in an aggregate form.
Our Services and Rate Plans are designed for you to use your service each month predominantly in our service area. If your usage each month is not predominantly in our service area, we may terminate your Service or restrict your ability to receive Service outside the areas served by our network. Nationwide roaming requires multi-band wireless devices and is not available with single-band wireless devices, certain other wireless devices, or to customers residing outside their home area. Data services and certain features (for example, Voicemail, Caller ID, Call Waiting, Location Services, etc.) may not be available in all roaming areas. The term "roaming" typically refers to coverage on another carrier's network that we may make available to you based on our agreements with other carriers. These agreements may change from time to time and roaming coverage and available services are subject to change without notice. Your ability to receive roaming coverage depends on the radio transmissions your wireless device can receive and use and the availability of roaming coverage. We make no guaranty that roaming coverage will be available. Roaming coverage may exist both within and outside our network coverage areas. Depending on your Services, separate charges or limits on the amount of minutes used while roaming may apply. We may, but you agree we are not obligated to, provide you with notice when you are roaming. YOU AGREE TO HOLD METROPCS HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR OTHER CAUSES OF ACTION (INCLUDING ACTIONS BY THIRD PARTIES) ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE USE OR ATTEMPTED USE OF THE SERVICE.
Start of Service Form/Rate Plan/Coverage Brochure.
The Rate Plan selected by you determines the charges for the Services. The Start of Service form may identify the Rate Plan you have chosen and set forth the charges you are required to pay for Service, including monthly or other cyclical access fees, as well as any applicable surcharges or other fees. If you did not receive a Start of Service form, you can find details on the Rate Plan, services, or features you selected by visiting our stores, authorized dealers, or at www.Metropcs.com. Unused Rate Plan allotments, bundles, or buckets expire at the end of your service cycle and do not roll over to the next service cycle. We will determine what types of Service and Rate Plans are available to you. The Rate Plan to which you subscribe when you initiate Service, as modified by us from time to time in accordance with this Agreement, will remain in effect for the term of your Service until or unless we change your Rate Plan or you choose to subscribe to a different Rate Plan, if available to you. If we offer more than one Rate Plan in your area and you wish to change the Rate Plan to which you subscribe, you may contact us to request a change in your Rate Plan to any other Rate Plan for which you are eligible. Rate Plan changes may not be effective immediately, and you may be required to pay to make such changes.
We may change the price and structure of your Rate Plan, modify the various Rate Plans, change the price of the various Rate Plans, change the services included in a Rate Plan, or change the requirements of eligibility for Rate Plans, at any time without prior notice to you. You may designate others to manage or make changes to your account ("Authorized Users"). You and Authorized Users will have access to all account information. If you give your personal account validation information to someone, they can access, and may be able to make changes to your account just as you can, including incurring charges for which you are responsible. Those changes will be binding on you. MetroPCS takes no responsibility for changes made to your account by any Authorized User.
With respect to domestic long distance, roaming, international long distance, and any other service provided by us (or to us by third parties), we may change the locations and destinations where such Services may be used or where calls can be placed or placed in specific Rate Plans, or the rates and terms applicable to such locations and destinations, without prior notice to you. Certain charges may be imposed by third parties and MetroPCS may, as an accommodation, allow such charges to be paid through MetroPCS.
YOU HAVE THE RIGHT TO REFUSE TO ACCEPT THESE RATE PLAN CHANGES. IF YOU DO NOT WANT TO ACCEPT THE RATE PLAN CHANGES, YOU MUST NOTIFY US IN WRITING WITHIN TEN (10) DAYS OF THE DATE OF THE CHANGE THAT YOU WISH TO TERMINATE SERVICE. IF YOU DO NOT NOTIFY US THAT YOU WISH TO TERMINATE SERVICE WITHIN THAT TIME AND/OR IF YOU CONTINUE TO USE THE SERVICE AFTER THE RATE PLAN CHANGES, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THE RATE PLAN CHANGES. NOTWITHSTANDING ANY TERMINATION, AMOUNTS PREVIOUSLY PAID ARE NON-REFUNDABLE.
You are responsible for paying all charges for Service ("Service Charges"), including, but not limited to the following: (1) recurring monthly or weekly access charges; (2) charges and taxes for optional Service features that you select, including long distance and directory assistance (411) calls and other optional features, such as ringtone downloads and @metro data services; (3) any Service reconnection charges that may apply, such as a reactivation fee; and (4) all applicable taxes and regulatory charges whether assessed directly on you or us; provided, however, that for certain tax inclusive Rate Plans, only applicable taxes and regulatory charges may be included in the Rate Plan price. You must pay all taxes, fees and surcharges set by federal, state and local governments. To determine taxes, fees and surcharges, we will use the street address you identified as your Place of Primary Use ("PPU"). If you did not identify the correct PPU, or provided us with an address that is not a recognized street address, such as a PO Box, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default PPU. You acknowledge and agree that a default PPU may affect your ability to receive E-911 assistance and you agree to indemnify and hold us harmless for any claims relating to your failure to provide a valid PPU. In addition, if you are not on a tax-inclusive plan, you agree to pay all regulatory administration charges ("Regulatory Administration Charges"), which may include, but are not limited to, Federal Universal Service, various regulatory charges, our administrative charges, gross receipts charges, margin taxes, and charges for the costs we incur in complying with governmental programs. Regulatory Administration Charges are not taxes and are not required by law. We set these charges, and the amounts and what they include may change. They are rates we choose to collect from you and are kept by us in whole or in part. The number and type of Regulatory Administration Charges may vary depending upon the PPU of the wireless device and can change over time. We determine the rate for these charges and these amounts are subject to change as are the components used to calculate these amounts. Changes to taxes, fees and surcharges will become effective as provided by the taxing authority and changes to Regulatory Administration Charges shall be effective immediately. You are responsible for all charges to your account, whether or not you were the user of the wireless device. If your wireless device gets lost or stolen, you should notify us immediately, so we can suspend your Service to prevent someone else from using it. Wireless access to corporate/employee email may require additional server or server access, licenses, or additional requirements which may incur additional charges. By requesting wireless access to corporate/employee email, you agree to pay any of these additional charges.
If you want to use optional MetroPCS services and/or features that are not charged on a monthly or weekly basis by MetroPCS that are not included in your Rate Plan but which are available in your area, you must pay for such services and/or features in advance by paying money into your MetroConnect account, which has been established specifically for this purpose. The Rate Plan to which you subscribe will determine whether or not you can make use of, and if so, whether you must pay extra for various types of domestic and international long distance, roaming, directory assistance, and other optional features, such as ringtone downloads and @metro data services. The most up-to-date explanation of our available Rate Plans is available on our website at www.metropcs.com. You should consult your Rate Plan to determine which services and features are included, and which services and features may be available for an additional charge. We reserve the right to change the types of charges and features that can be paid through your MetroConnect account and may do so without advance notice to you. Funds paid into your MetroConnect account cannot be applied to monthly access, weekly access, optional services provided by MetroPCS on a monthly or weekly basis, taxes, or regulatory fees. You may make advance payments into your MetroConnect account by dialing *99 on your MetroPCS wireless device and charging your purchases to your credit or debit card. You may also make advance payments into your MetroConnect account when you mail your monthly service payment to us, by paying in person at any MetroPCS payment center that is authorized to accept such payments, or by making a credit card payment online. You may make advance payments into your MetroConnect account in increments established by us from time to time, up to any maximum account balance that we may establish. You can also determine the balance in your MetroConnect account by calling *99 from your wireless device. Certain third party charges may also be paid via your MetroConnect account. You acknowledge and agree that the amounts charged and the terms of such services and charges are between you and the third party. Certain services may require you have a minimum balance in your MetroConnect account prior to being able to use the service.
The balance in your MetroConnect account is non-refundable. If you or MetroPCS terminate your MetroPCS monthly or weekly Service for any reason, any remaining balance in your MetroConnect account will be forfeited and will not be refunded to you. As long as you continue to subscribe to your monthly or weekly Service, any amounts you paid into your MetroConnect account to purchase such Services or features will be carried over from month to month, EXCEPT THAT IF THERE IS NO ACTIVITY IN THAT ACCOUNT FOR ANY CONSECUTIVE 12-MONTH PERIOD, ANY FUNDS YOU HAVE PAID INTO THAT ACCOUNT WILL BE FORFEITED AND WILL NOT BE REFUNDED TO YOU unless your Rate Plan specifies otherwise.
To the extent we allow charges to be paid via your MetroConnect account, we will automatically deduct the per-minute and per-use charges plus applicable taxes, surcharges and fees from your MetroConnect account. For purposes of determining the per-minute length of your long distance call or roaming call, your call will be rounded up to the nearest minute. Charges for a completed call from your wireless device will begin when you press the SEND key and will end when either party ends the call. For Services where charges are based on the amount of time used, we will round up any fraction to the next full minute and you may be charged for calls to Customer Service and toll-free numbers. For Services based on data usage, we will round up to the nearest whole kilobyte. For outgoing calls, usage time starts when you first press SEND or the call connects to a network, and for incoming calls, it starts when the call connects to a network (which may occur before it rings). Usage time may end several seconds after you press END or after the call disconnects. For calls made on our network, we only charge for calls that are answered, including by machines. You will not receive a long distance or directory assistance invoice and no call detail will appear on your monthly Service invoice from MetroPCS.
Changes to Agreement.
We may change this Agreement at any time. If you are an existing customer, you will be notified at least ten (10) days, unless a longer period is required, in advance of any proposed changes that may result in more restrictive terms or conditions in this Agreement. Any such changes to this Agreement will be effective after that time period.
YOU HAVE THE RIGHT TO REFUSE TO ACCEPT THE CHANGES. IF YOU DO NOT WANT TO ACCEPT THE CHANGES, YOU MUST NOTIFY US IN WRITING WITHIN TEN (10) DAYS OF THE DATE OF THE CHANGE NOTICE THAT YOU WISH TO TERMINATE SERVICE. IF YOU DO NOT NOTIFY US THAT YOU WISH TO TERMINATE SERVICE WITHIN THAT TIME AND/OR IF YOU CONTINUE TO USE THE SERVICE AFTER NOTIFICATION OF THE CHANGES, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THE CHANGES.
Your Use Of The Service.
You agree to use the Service in accordance with this Agreement and to comply with all applicable laws. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS METROPCS FROM ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, USE OF YOUR DEVICE OR SERVICE, YOUR ACTS OR OMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY VIOLATION BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE POLICIES, OR OF ANY APPLICABLE STATUTES, ORDINANCES, LAWS OR REGULATIONS OF ANY LOCAL, STATE, OR FEDERAL AUTHORITY, YOUR USE OF THE DEVICE OR SERVICE AND ANY INFORMATION YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE VIA THE SERVICE, FAILING TO PROVIDE APPROPRIATE NOTICES REGARDING LOCATION-SENSITIVE SERVICES, FAILURE TO SAFEGUARD YOUR PASSWORDS, BACKUP SECURITY QUESTION TO YOUR PASSWORD OR ANY OTHER ACCOUNT INFORMATION, OR THE RIGHTS OF ANY THIRD PARTY. MetroPCS may deny a request for Service from you for any lawful reason. MetroPCS also reserves the right to cease serving you if you are not acting in accordance with the terms of this Agreement or the Policies, to disconnect calls that are not in accordance with the terms and conditions of this Agreement or the Policies, and to cease providing service to telephone numbers or categories of services that are inconsistent with the terms and conditions of this Agreement or the Policies and the nature of the Service.
MetroPCS reserves the right to manage our network and the traffic on our network in the way we believe best benefits our customers and best enables us to maintain Service of the nature described in this Agreement. We have determined that our ability to provide Service to our customers is disrupted when you place an abnormally high number of calls, repeatedly place calls which result in abnormally long call lengths, repeatedly place calls with abnormally high costs, high or disproportionate use, or otherwise use our Services or network in excess of our expectations or the normal amount of use by our customers. Thus, we reserve the right to discontinue Service to customers, to discontinue or block Service to certain telephone numbers or categories of services, to terminate calls or Services as described below, to reduce the speed at which such services are provided, or to restrict the amount of usage, which our experience indicates result in disruptive usage patterns of this nature. For example, MetroPCS Service is not intended for use (i) by persons engaged in the provision of telemarketing services, commercial research or commercial data collection, (ii) by persons seeking a dedicated private line or access line to the internet, or other continuous uses that create the functional equivalent of a dedicated telephone line, (iii) by persons seeking to maintain open lines of communication for extended periods of time (for example, baby monitoring or other monitoring services), (iv) by persons seeking to establish an access point for intra-company private branch exchange services, (v) by persons seeking to provide a commercial or private dispatch service, (vi) by persons seeking to access multi-party Chat Line Services or to call telephone numbers that generate Chat Line Traffic (as defined herein), (vii) for persons seeking to use the service for commercial purposes, (viii) for persons who do not reside in and have the predominant amount of usage on our networks, or (ix) for persons whose web and data Rate Plan usage is not predominantly for HTML/WAP browsing and multimedia streaming services provided by us, our affiliates, authorized suppliers, and licensees. For the purposes of this Agreement, "Chat Line Traffic" means traffic which originates or terminates to or from, relates to, arises out of, is in connection with, or pertains to, a multiple voice bridging service, company, or provider (or telephone numbers associated therewith) in which two or more incoming callers may be connected with each other simultaneously. Chat Line Traffic does not include traffic originating or terminating to or from traditional business dial-in conference calling in which a designated group of callers dial in to a known dial-up conference number at a pre-arranged time for a specific business purpose. For the purpose of this Agreement, "Chat Line Service" means a service which generates Chat Line Traffic.
Some elements of multimedia messages may not be accessible, viewable, or heard due to limitations on certain wireless phones, PCs, or e-mail. We reserve the right to change the multimedia message size limit at any time without notification.
Text message notifications may be sent to non-multimedia messaging subscribers if they subscribe to text messaging. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per-message charge may apply whether the message is read or unread, solicited or unsolicited.
MetroPCS also reserves the right to block, or otherwise prevent access to, 9xx, 7xx, 5xx, and 8xx telephone numbers as well as other telephone numbers, services, countries, carriers, destinations, services and types of services that MetroPCS determines, in its sole discretion, are inconsistent with the nature of Service provided by MetroPCS, are indicative of uses not permitted hereunder, or result in abnormally long calls, abnormally high costs, or abnormally high usage. We also may block calls to telephone numbers at the request of the called party. In addition, if any call duration exceeds a length of time, or a data session exceeds the amount of data that is determined by MetroPCS to be excessive from time to time, MetroPCS may, in its sole discretion, terminate or restrict any such call or data session.
In addition, the Service may be used only for your own voice communications and may not be used to transmit data, or for any other one-way transmission application other than data Services expressly offered to you by MetroPCS. You may not resell the Service or use the Service to provide commercial service to others. You also may not use the Service in a manner that is intended to cause or results in interference to, or causes problems with, the operation of MetroPCS' wireless system or other communications systems.
You agree you will not use our messaging services to send messages that contain advertising or a commercial solicitation to any person or entity without their consent. You will have the burden of proving consent with clear and convincing evidence if a person or entity complains you did not obtain their consent. Consent cannot be evidenced by third party lists you purchased or obtained. You further agree you will not use our messaging service to send messages that: (a) are bulk messages (b) are automatically generated; (c) can disrupt our network; (d) harass or threaten another person (e) interfere with another customer's use or enjoyment of our Services; (f) generate significant or serious customer complaints, (g) that falsify or mask the sender/originator of the message; or (h) violate any law or regulation. We reserve the right, but are not obligated, to deny, disconnect, suspend, modify and/or terminate your messaging service or messaging services with any associated account(s), or to deny, disconnect, suspend, modify and/or terminate the account(s), without notice, as to anyone using messaging services in any manner that is prohibited. Our failure to take any action in the event of a violation shall not be construed as a waiver of the right to enforce such terms, conditions, or policies. Advertising and commercial solicitations do not include messaging that: (i) facilitates, completes, or confirms a commercial transaction where the recipient of such message has previously agreed to enter into with the sender of such message; or (j) provides account information, service or product information, warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient of such message.
Although it is illegal for unauthorized people to intercept wireless device calls intended for others, MetroPCS cannot guarantee the complete privacy of your calls. Wireless calls by nature may be intercepted by third parties. METROPCS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INTERCEPTION BY THIRD PARTIES OF COMMUNICATIONS FROM ITS SYSTEM. Additionally, MetroPCS does not encrypt your calls.
Always use your wireless device in a safe manner that does not create a risk to your safety or the safety of others around you. It can be dangerous, and in some jurisdictions illegal, for you to use a wireless device or our Service while driving. It is your responsibility to comply with laws that apply to you when you are driving.
Data Access usage includes, but is not limited to, the actual data sent and received along with overhead, header packets, and may include other information sent in connection with a data session in which Data Access occurs. Data Access on networks not owned by us may not be available or may be further limited. Charges and availability is based on the location of the cell site receiving and transmitting the Data Access service and not your location.
The absolute capacity of the wireless data network is limited. Accordingly, Data Access is only provided for prescribed purposes and pricing for Data Access is device dependent and based on the transmit and receive capacity of each device. A Data Access pricing plan designated for one type of device may not be used with another device. Compatible data-enabled wireless device are required.
You acknowledge and agree that your Data Access usage may vary depending on certain factors outside of our control. Such factors may include the amount of users on the service, network congestion, the distance to the serving cell site, the number of users served by your serving cell site, the management of backhaul at the serving cell site, any application(s) you are using for your data session, the screen size of your Wireless Device, the bit rate(s) of your data session, the type(s) and amount(s) of compression used by the computers or wireless devices involved in the data session, and any error(s) that might occur in the data session.
In order to assess your usage during an applicable service cycle, you may obtain approximate usage information by using one of our automated systems. Any application on your Wireless Device which describes the amount of data usage does not necessarily reflect your usage of Data Access. We may provide a meter for your use in one or more locations accessible by you. Any meter we may provide for your use may deliver readings higher or lower than your actual Data Access usage, or deliver readings that are higher than your actual Data Access usage because of the units of measurement used by Us. Any reading delivered by any meter we provide for your use will have inherent inaccuracies and may not provide up to the minute or second accuracy. Further, any reading delivered by any meter We provide for your use may only be completely accurate if your Wireless Device is turned off and not transmitting or receiving any data from any data session.
Your Data Access ability may be suspended, terminated, or shut off by us if you exceed your allotted Data Access in any service cycle. If your Data Access ability is suspended, terminated, or shut off by us during any service cycle, you acknowledge and agree that you will have to change your Rate Plan during the affected service cycle in order to resume your Data Access capability during that service cycle. Your Data Access ability will resume during the next service cycle if you choose to not change your Rate Plan during any affected service cycle. You acknowledge and agree that changing your Rate Plan to allow additional Data Access is your sole and exclusive remedy.
Your Data Access usage limit will be reset at the beginning of each service cycle. Data Access charges are paid in advance and are non-refundable. Some data services may require additional subscriptions fees and/or be subject to additional charges and restrictions. You further acknowledge and agree that if you do not utilize your full allocation of Data Access during any service cycle that you will not be entitled to any refund in any form from Us for any portion, pro-rated or otherwise, of your Data Access unused by you during a service cycle. Further, any unutilized Data Access usage limits in any service cycle will not roll over or otherwise be available in any other service cycle.
Content and Applications.
You can purchase Content and Applications (for example, downloadable, streaming or networked applications, wallpapers, ringtones, games, productivity tools and video) ("Content and Apps") for and with your compatible wireless device. Some Content and Apps that you can purchase with your wireless device are not sold by MetroPCS and for such Content and Apps, you can identify the third party seller at the point of purchase. MetroPCS is not responsible for the Content and App, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content and App. Any support questions for such Content and Apps should be directed to the third party seller identified at the point of purchase. When you download or install any Content and App sold by a third party seller, you may be subject to license terms between you and the third party seller and Content and App creator/owner. When you use, install, display, run, or listen to Content and Apps that you purchase from MetroPCS, the Content and App is licensed to you by MetroPCS and may be subject to additional license terms between you and the creator/owner of the Content and App. Whether purchased from MetroPCS or a third party seller, any Content and App you purchase is licensed for personal, lawful, non-commercial use on your wireless device only. You may not transfer, copy, or reverse engineer any Content and App, or alter, disable or circumvent any digital rights management security features embedded in the Content and App. You understand and agree that the Content and Apps contain the intellectual property of third parties. You understand and agree that the Content and Apps are protected by law (including copyright law) and are solely for your personal, non-commercial use. You agree to comply with all applicable laws (including copyright law), and may only make such copies as are reasonably necessary for your personal and non-commercial use. You agree that any other redistribution, reproduction, transmission, communication, sale, use (including, except in the case of Ringtones, as a "ringer" for a telephone), broadcast, public performance, rental or lending, adaptation, sub-license or other use of the Content and Apps without the prior written consent of the copyright owner is prohibited. You understand and agree that all rights not expressly granted herein are reserved by the applicable content owner.
Our Services and Rate Plans are designed for you to use your service each month predominantly using our networks. If your minutes of use, text messaging usage or data usage are not predominantly on our networks ("off-net usage"), or are excessive, abnormally high, or cause MetroPCS to incur too much cost, MetroPCS may, at its option and sole discretion, terminate your service, deny your continued use of other carriers' coverage, or change your Rate Plan. MetroPCS will provide you with advance notice that it intends to take any of the above actions.
You may buy a wireless device to use on our Service from us or someone else, but it must, as solely determined by us, comply with Federal Communications Commission regulations, be certified for use on our network, and be compatible with, and not potentially harm, our Service or our network. Our Services will only work with wireless devices compatible with our network and not all services are available with all wireless devices or on all networks. Please be aware that we may change your wireless device's software, applications or programming remotely, without notice. This could affect your stored data, or how you have programmed or use your wireless device. A MetroPCS wireless device is designed to be used only with our service and on our network. Please note that your wireless device may not work with another wireless network, or the other wireless carrier may not accept your wireless device on its network. If your wireless device was purchased from MetroPCS or an authorized MetroPCS dealer, the wireless device has a software programming lock that will prevent the wireless device from operating with other compatible wireless telephone carriers' services. Please contact MetroPCS at 1-888-8metro8 for information regarding our software programming lock. Some features will be available only on wireless devices purchased from us. Your wireless device may contain sensitive or personal information. MetroPCS is not responsible for any information on your wireless device, including sensitive or personal information. If possible, you should remove or otherwise safeguard any sensitive or personal information when your wireless device is out of your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling your wireless device. By submitting your wireless device to us, you agree that our employees, contractors or vendors may access all of the information on your wireless device.
Account Activity and Information Verification.
You (the account holder) may password protect your account information by establishing a personal identification number ("PIN"). You may also set a backup security question and answer in the event you forget your PIN. You agree to protect your PIN, passwords and other account access credentials like your backup security question from loss or disclosure. It is your sole responsibility to protect your account by creating a password that is unknown to any other person. This password should never be shared nor should it be written down and kept in a place that is accessible to others. Should you feel that your password has been compromised you should immediately call MetroPCS to change your password. You further agree that MetroPCS may, in our sole discretion, treat any person who presents your credentials for account access as you or an Authorized User on the account for the purposes of disclosure of information or changes in your Rate Plan or Service.
Except for MetroConnect features, Service Charges must be paid in advance and are due before the first day of your service cycle. Service Charges cannot be paid in arrears. Unless otherwise specified in your Rate Plan, monthly service cycles are approximately 30 days long and weekly service cycles are 7 consecutive calendar days long. The dates of your monthly or weekly service cycle and other dates related to your account may change from time to time. You must promptly notify us of any change in your billing address. As a convenience, you may authorize recurring payment of your Service Charges through a credit or debit card or bank transfer authorization; this authorizes us to charge all amounts you owe us to the credit or debit card or bank transfer authorization up to five (5) days prior to the due date and to demand immediate payment from the card or debit issuer or bank. Unless required by law, we will not give any additional notice to you or obtain additional consent from you before charging Service Charges to that credit or debit card. You must promptly notify us of any change in the credit or debit card or bank transfer authorization you want to use for payment. You may also make a payment by credit or debit card online at www.metropcs.com or through the automated MetroPCS IVR. In addition, you may pay your Service Charges by sending a check or money order by mail to P.O. Box 5119, Carol Stream, Illinois, 60197-5119, by bringing cash or a check or money order in person to any MetroPCS store or authorized payment center. You may be required to pay an additional service charge, depending on the payment method you choose. This information is available on your Start of Service form. In addition, we may charge an additional fee up to the maximum amount permitted by law for any check or other negotiable instrument tendered by you and returned unpaid by a financial institution for any reason. We reserve the right, in our sole discretion, to require that you pay your Service Charges with cash, certified check, cashier's check or money order. We also reserve the right to report any check returned to us to reporting and credit agencies and law enforcement.
Your payment will be considered late if we do not receive it before the first day of the service cycle for which the payment is due. If you do not make all payments when they are due, you will be in default under this Agreement, and MetroPCS will be entitled to exercise any rights it may have under this Agreement, including the suspension or termination of Service to you. If we accept a late or partial payment, even if you mark the payment "paid in full," we do not waive our rights to suspend or terminate your Service or any other rights we may have. If your Service is terminated and you promptly pay amounts that are overdue, MetroPCS, in its sole discretion, may reconnect your Service after you have paid any reconnection fees we have imposed. In such case, your service cycle anniversary date will not change resulting in fewer days of service for that month. If you have a dispute regarding your charges to your account, or about the services provided to you, you agree to notify us of the dispute within 60 days after the date you first receive the disputed charge ("Dispute Period"), unless otherwise provided by law. If you do not notify us of your dispute in writing within the Dispute Period, you have waived such claim and will be forever barred and estopped from raising, or making a claim for such dispute and you may not pursue a claim in arbitration or in court, and unless otherwise provided by law, you must pay disputed charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed charge, you agree that the issue is fully and finally resolved and such credit shall act as an accord and satisfaction. For California customers, for charges incurred before you notify us, you are not liable for charges you did not authorize, but the fact that your wireless device was used is some evidence of authorization. You may request that we investigate charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the charges were unauthorized, we will credit your account. If we determine the charges were authorized, we will inform you within 30 days and you will remain responsible for the charges.
We may terminate or suspend your Service at any time and for any reason without liability. If you breach any portion of this Agreement (including failing to pay your Service Charges in full on time), we may suspend, terminate or restrict your Service. We can, without notice, restrict, suspend or end your Service or any agreement with you at any time for any reason, including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service; (c) use your Service for any purpose or in any way not permitted under this Agreement or for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any U.S. governmental agency or engaging in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service; (d) tampering with or modifying your wireless device; (e) "spamming" or engaging in other abusive or unsolicited communications; (f) reselling MetroPCS wireless devices for profit, or tampering with, reprogramming or altering wireless devices for the purpose of reselling the wireless device; (g) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (h) steal from or lie to us; (i) interfere with our operations; (j) fail to follow our Policies; (k) provide false, inaccurate, dated or unverifiable identification or credit information; (l) modify a wireless device from its manufacturer specifications; (m) fail to use our Services for an extended period of time; (n) fail to maintain an active wireless device in connection with the Service; (o) attempt to transfer Service to another person without our consent; (p) misuse your Service or wireless device; (q) use your Service or wireless device in a manner that is excessive, unusually burdensome, or unprofitable to us; (r) use your service other than predominantly on our networks; (s) use of our Service exceeds our stated Policies for use; (t) use your web and data Service Plan other than predominantly for HTML/WAP browsing and multimedia streaming services provided by MetroPCS, its affiliates, authorized suppliers and licensees; or (u) assist or facilitate anyone else in any of the above activities. You agree that you won't install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal; or (2) if you, any user of your wireless device or any account manager on your account: (a) threaten, harass, abuse, offend or use vulgar and/or inappropriate language toward our representatives or any person whom they call using our Service; (b) interfere with our operations; (c) "spam," or engage in other abusive messaging or calling; (d) modify your wireless device from its manufacturer's specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason; or if we have reason to believe that you are using our Service for any fraudulent, obscene, illegal, harassing, commercial or abusive purpose, such as for the transmission of or access to pornography or other services or materials that are obscene, cater to a prurient interest in sex, are patently offensive or are without redeeming social value, or if we believe the action protects our interests, any customer's interests or our network.
MetroPCS is not required to provide you with any notification before suspending, restricting, or terminating your Service. If you promptly pay amounts that are overdue or cure any other breach of this Agreement, MetroPCS, in its sole discretion, may reconnect your Service after you have paid any reconnection fees we have imposed. In addition, you may terminate Service at any time by notifying us in writing at the address listed below in the "Notices" section.
AMOUNTS PAID FOR SERVICE CHARGES ARE NON-REFUNDABLE. IF YOUR SERVICE IS TERMINATED FOR ANY REASON AND YOU HAVE A POSITIVE BALANCE IN YOUR SERVICE ACCOUNT OR IN YOUR METROPCS METROCONNECT ACCOUNT, YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND.
We will assign a telephone number (the "Number") to your wireless device. You do not own nor have any rights to the Number or any personal identification number ("PIN") that you may use in connection with your Service, except for any right you may have to port the Number to another carrier. We also may assign an Internet Protocol address ("IP Address") to your wireless device. You do not own or have any rights to the IP Address. We can change, reassign, or eliminate any Number or PIN by giving you notice and your IP Address without giving you notice. If your account is deactivated, we can reassign the Number or IP Address without giving you any notice. You may not assign the Number, PIN or IP Address to any wireless device, other equipment or to any other party except as approved by us. If you assign the Number, PIN or IP Address to any wireless device, other equipment or to any other party without our approval, we reserve the right to terminate your Service. You may be able to take, or "port," your Number to another carrier. In order to port your Number from MetroPCS, you must have an active account with MetroPCS. If you port a Number from us, we will treat it as though you asked us to cancel your Service for that Number. After the porting is completed, you will not be able to use our Service for that Number, but you will remain responsible for all fees and charges through the end of that service cycle, just like any other cancellation. If you port a Number to us, please be aware that we may not be able to provide some services right away, such as 911 location services. You may be required to purchase a new wireless device and you may be without Service for some period of time. MetroPCS may charge a fee to reimburse MetroPCS for the costs MetroPCS incurs to meet the equipment, technology and infrastructure requirements necessary to enable number porting. MetroPCS may also charge a fee to reimburse MetroPCS for the cost MetroPCS incurs to perform a port. As a standard service feature, MetroPCS transmits your Number, account name, and address with each call or data session you make from your MetroPCS wireless device. Your account name, Number, and IP Address may be displayed on the telephone or other device of the party called if that person uses caller identification. Your Number and location may also be transmitted to public safety officials if you dial 911 or other emergency service numbers. Your name and Number for most calls can be blocked on a call-by-call basis by dialing *67 before the telephone area code and telephone number (on certain devices there may be a different number). In addition, you may elect to have your name and Number permanently blocked, at no charge, by sending a request in writing to: MetroPCS, P.O. Box 601119, Dallas, Texas, 75360-1119.
EXCLUSIVE REMEDY; LIMITATION OF LIABILITY.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR (i) OUR, OR OUR DEALER'S, AGENT'S, REPRESENTATIVE'S, VENDOR'S, SUPPLIER'S, OR OTHER CARRIER'S FAILURE TO PROVIDE YOU WITH SERVICE OR METROPCS' FAILURE TO PERFORM HEREUNDER SHALL BE YOUR RIGHT TO HAVE METROPCS RE-PERFORM SUCH SERVICE. UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, OR (ii) ANY FAILURE, MALFUNCTION, DEFECT, OR OTHERWISE RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH ANY DEVICE, HANDSET, OR OTHER EQUIPMENT OR PRODUCT SUPPLIED OR PROVIDED BY US, SHALL BE YOUR RIGHT TO HAVE METROPCS REPAIR, OR HAVE REPAIRED, REPLACE, OR HAVE REPLACED, SUCH DEVICE, HANDSET, OR OTHER EQUIPMENT OR PRODUCT. UNLESS THE EXCLUSIVE REMEDY SET FORTH IN THE PREVIOUS SENTENCE IS PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST THE METROPCS PARTIES, OR ANY SUPPLIER, AGENT, DEALER, REPRESENTATIVE, CARRIER, VENDOR OR MANUFACTURER, TO THE LESSER OF: (A) YOUR DIRECT DAMAGES OR (B) THE PRORATED MONTHLY OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR WIRELESS DEVICE FOR ONE MONTH'S SERVICE CHARGES. AS A MATERIAL PART OF THE CONSIDERATION PAID BY YOU FOR THE SERVICES PROVIDED BY METROPCS OR ANY SUPPLIER, AGENT, DEALER, REPRESENTATIVE, CARRIER, VENDOR OR MANUFACTURER OF METROPCS, UNDER THIS AGREEMENT, AND NOTWITHSTANDING ANY OTHER PROVISION HEREOF, YOU AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, TREBLE, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES, TO THE FULLEST EXTENT THE SAME MAY BE DISCLAIMED BY LAW. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS EXCLUSIVE REMEDY, LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS EITHER PARTY MAY BRING AGAINST THE OTHER PARTY TO THE EXTENT THAT IT WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER THEORY. YOU AGREE THAT THE FOREGOING ALLOCATION OF RISK SHALL, IN THE EVENT OF METROPCS' INABILITY, DESPITE GOOD FAITH EFFORTS, TO PROVIDE THE SERVICES OR THE PRODUCTS, REMAIN IN EFFECT REGARDLESS OF WHETHER THE EXCLUSIVE REMEDIES PROVIDED FOR UNDER THIS SECTION THEN SATISFY THE ESSENTIAL PURPOSES FOR WHICH THETY WERE INTENDED, OR OTHERWISE PROVIDE YOU WITH A FAIR QUANTUM OF RELIEF.
You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages resulting from: (a) any action or omission by a third party: (b) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a wireless device or network coverage (for example, dropped, blocked, interrupted Services, etc.); (c) traffic or other accidents, or any health-related claims relating to our Services; (d) data content or information accessed while using our Services; (e) an interruption or failure in accessing or attempting to access emergency services from a wireless device, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services; (g) information or communication that is blocked by a spam filter; and (h) damage to your wireless device or any computer or equipment connected to your wireless device, or damage to or loss of any information stored on your wireless device, computer, equipment, or MetroPCS storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio. You agree we aren't responsible for problems caused by you or others, or by any act of God or other events beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You also agree we aren't liable for missed or deleted voice mails or other messages, or for any information, such as pictures, that gets lost or deleted if we service your wireless device. If another wireless carrier is involved in any problem (for example, while you're roaming), you also agree to any limitations of liability in its favor that it imposes. You should implement appropriate safeguards to secure your wireless device, computer or equipment and to back-up your information stored on each.
DISCLAIMER OF WARRANTY: WIRELESS DEVICES, ACCESSORIES, AND RELATED EQUIPMENT.
METROPCS DOES NOT MANUFACTURE WIRELESS DEVICES OR RELATED ACCESSORY EQUIPMENT. YOUR WIRELESS DEVICES AND RELATED ACCESSORY EQUIPMENT COME WITH A SEPARATE WRITTEN LIMITED WARRANTY FROM THE MANUFACTURER. STATEMENTS BY METROPCS OR METROPCS EMPLOYEES AND AGENTS REGARDING THE WIRELESS DEVICES OR RELATED ACCESSORY EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY BY METROPCS. METROPCS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT YOUR WIRELESS DEVICES OR ANY RELATED ACCESSORY EQUIPMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE AGAINST THE MANUFACTURER. WITHOUT LIMITATION, METROPCS WILL NOT BE LIABLE TO YOU IN CONNECTION WITH: (1) THE MANUFACTURER'S WARRANTY, (2) ANY ACTIONS OR OMISSIONS OF THE MANUFACTURER, OR (3) ANY MALFUNCTION OR FAILURE OF THE WIRELESS DEVICE OR RELATED ACCESSORY EQUIPMENT.
DISCLAIMER OF WARRANTY: SERVICES.
METROPCS AND ITS VENDORS AND SUPPLIERS ("METROPCS PARTIES") MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO YOU IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE THAT SERVICE INTERRUPTIONS WILL OCCUR FROM TIME TO TIME AND AGREE TO HOLD THE METROPCS PARTIES HARMLESS FOR ALL SUCH INTERRUPTIONS. IN NO EVENT SHALL METROPCS PARTIES BE LIABLE FOR ECONOMIC LOSS, PERSONAL INJURIES, OR PROPERTY DAMAGE SUSTAINED BY YOU OR ANY THIRD PARTY ARISING FROM USE OF THE SERVICE OR THIS AGREEMENT.
TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hearing-impaired or who have speech or language disabilities to communicate by telephone. If you have a digital wireless device that is TTY-compatible, it is possible to make calls, including 911 calls, with a TTY. If you have questions concerning the capabilities of your wireless device, please contact us toll-free at 1-888-8metro8.
Risk of Loss or Damage to Wireless Devices.
Upon your acceptance of delivery of your wireless device, all risk of loss, damage, theft, or destruction of your wireless device is borne by you. In the event of any loss, damage, theft, or destruction of your wireless device, in whole or in part, you are responsible for purchasing a replacement wireless device from MetroPCS at your expense, and you remain responsible for your obligations under this Agreement, including, without limitation, your responsibility for the payment of Service Charges.
"MetroGUARD" is an equipment insurance program provided by Old Republic Insurance Company and administered by Asurion Insurance Services, Inc. Phone Recovery features are available as well onselect phones. Please see the MetroGUARD brochure available at any participating retail location orclick here for complete Terms and Conditions of Coverage. The MetroGUARD Terms and Conditions of Coverage are subject to change. "MetroGUARD" may not be available in all states and eligibility varies by wireless device.
You agree that we may contact you or any Authorized User on your account for Service or payment related reasons through the contact information you provide, at the current address on your account, through the Services or wireless devices to which you or your Authorized Users subscribe or through other available means, including text message, email, fax, pre-recorded or artificial voice or text messages delivered by an automatic dialing system, voicemail, broadcast message, mobile, residential or business telephone, or mail. Any such notice will be treated as provided to you when left with you, on your wireless device, or on your answering/voicemail service. Any notice that MetroPCS mails to you will be deemed provided to you, to the extent permitted by applicable law, when MetroPCS deposits the notice into the United States mail addressed to you at your last known address as shown in our records. You must notify us of any address changes. Failure to notify us of a change in your address constitutes a breach of this Agreement and grounds for possible suspension or termination of your Service. Your notice to us shall be deemed given when received by us, whether by telephone, mail, or other means to: MetroPCS, P.O. Box 601119, Dallas, Texas 75360-1119.
Third Party Applications.
You agree not to infringe, misappropriate or otherwise injure the intellectual property rights or goodwill of MetroPCS or any third party. Except for a limited license to use the Services or wireless devices arising from the sale of a product, your purchase of MetroPCS wireless devices and Services does not grant you any license or right to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of MetroPCS or others related to the wireless devices and Services, which may be used only with MetroPCS Service unless expressly authorized in writing by MetroPCS. You agree that a violation of this section harms MetroPCS, which cannot be fully redressed by money damages, and that MetroPCS shall be entitled to immediate injunctive relief in addition to all other remedies available.
Digital Millennium Copyright Act ("DMCA") Notice.
If you believe that material available through our Services or products infringes the copyright of any third party, notify us by using the notice procedure under the DMCA and described at https://www.t-mobile.com/Company/CompanyInfo.aspx?tp=Abt_Tab_ConsumerInfo&tsp=Abt_Sub_CopyrightDMCA, www.T-Mobilepr.com/DMCA.htm for Puerto Rico, and http://es.t-mobile.com/DMCA.htm for T-Mobile’s Spanish website. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.
General Provisions Regarding This Agreement.
If we waive any portion of this Agreement, the waiver will not be treated as a waiver by us of any other provision of this Agreement, or of our right to enforce the provision we previously waived for any later violation. Section headings in this Agreement are for descriptive purposes only and will not be used in interpreting the legal effects of this Agreement.
You may not transfer or assign all or any part of your rights and obligations under this Agreement, or your Service, without our prior written approval, which may be withheld, conditioned or delayed in our sole discretion. MetroPCS may transfer or assign its rights and obligations under this Agreement in whole or in part without giving you notice or obtaining consent from you, other than as may be required by law. Upon its transfer or assignment of this Agreement, MetroPCS shall be released from all liability with respect to this Agreement. This Agreement is not for the benefit of any third parties except our subsidiaries and third parties who assist us in the provision of the Services and any person or entity to whom we transfer or assign this Agreement. This Agreement shall be interpreted under the laws of the state in which Service is primarily provided to you, excluding such state's conflicts of laws principles.
Our Utility number is U-3079-C. If you file a billing-related claim with the Consumer Affairs Branch ("CAB") of the California Public Utilities Commission you must, within 24 hours of filing, inform us by writing to the Customer Service address set forth below. If we resolve your dispute, you agree to withdraw your claim with the CAB.
BILLING FOR PREMIUM AND THIRD-PARTY SERVICES. Certain parties besides the Company have the ability to place charges on your bill for premium services. You may access these services and authorize the placement of charges on your bill through your phone or online account.
The Company also provides customers, at no additional cost, with the ability to restrict the placement of charges for premium and third-party services on your account. Contact customer care or go to www.metropcs.com/cramming for more information.
If you have any questions regarding your Service or information in this Agreement, you may call our activation center at 1-888-8metro8 or write us at MetroPCS, P.O. Box 601119, Dallas, Texas, 75360-1119.
You can only receive text messages while in your local MetroPCS coverage area. Text messages may be delayed or never delivered. There is no guarantee of text message delivery, not will you be notified of non-delivery. Refunds for any reason are not available including for non receipt of text message, failure to connect to the requested listing and incorrect telephone number provided.
OLD REPUBLIC INSURANCE COMPANY
SUMMARY OF WIRELESS COMMUNICATIONS EQUIPMENT INSURANCE
Various provisions in the Policy restrict coverage. Read the entire Summary carefully to determine rights, duties and what is and is not covered.
The words ''we,'' ''us'' and ''our'' refer to Old Republic Insurance Company that is providing this insurance.
The terms 'you' and 'your' mean, as the context requires, the First Named Insured or any Additional Insured or both.
The word "Agent" refers to Asurion Insurance Services, Inc.
The term "Authorized Service Center" means Asurion Insurance Services, Inc. who is providing repair and replacement services on our behalf.
The term "Wireless Service Provider" means MetroPCS Wireless, Inc. who is the First Named Insured, providing the wireless telephone or communication services which is used by the Covered Property.
In exchange for premium paid when due, we agree to provide the coverage as stated in the Policy on a month to month basis, provided that any covered damage or loss to the Covered Property is sustained while your coverage is in effect.
The First Named Insured is MetroPCS Wireless, Inc., for its interest in Covered Property.b. Additional Insureds
The First Named Insured has the right to request Additional Insured status for a customer for his or her interest in Covered Property which he, she or it owns (referred to herein collectively with the First Named Insured as “Insured”). Requests for coverage for Additional Insureds are subject to our approval.
Covered Property means:a
. The wireless device owned by you for which: 1) the unique identification number (International Mobile Equipment Identity (IMEI), Electronic Serial Number (ESN) or Mobile Equipment ID (MEID)) of such wireless device is reflected in the records of the Wireless Service Provider at the time your coverage initially became effective; and 2) for which outgoing airtime usage has been logged with the Wireless Service Provider on your account after coverage became effective; unless you have logged outgoing airtime on a different wireless phone immediately prior to the time of loss, in which case such wireless phone becomes the covered property so long as: 1) such wireless phone is owned by you and you provide us proof of ownership; and 2) airtime usage was logged on such phone on your account with the Wireless Service Provider immediately prior to the time of loss.b
. The following Accessories, used with the Wireless Equipment above: Standard Battery (attached to Wireless Equipment at time of Loss if lost or stolen), Standard Car Charger, Standard Home Charger, SIM card, and Standard Ear Piece which attaches to the Wireless Equipment. Accessories will only be covered when they are part of a loss to Covered Property as seen in declarations and for which may be required to provide a proof of purchase.3. Property Not Covered
Covered Property does not include:a.
Contraband or property used in the course of illegal transportation or trade.
The value of, and the cost to research, replace or restore data, or programs non-standard for the make and model.
Proprietary handsets included with automobile wireless systems and any motor vehicle or watercraft original or after-market equipment or accessories, whether or not permanently installed, including any antenna or wiring.
Any other equipment or accessories not described as Covered Property.
Property that has been entrusted to (including to and from) others for any service, repair or replacement, other than Asurion or its designee.
Any fees or charges assessed by the MetroPCS Wireless, Inc., whether the charges incurred are legitimate or fraudulent.
Face plates, personalized data, or customized or downloaded software such as music, PIM’s, ring tones, games, screen savers.
Wireless Equipment whose unique identification number (ESN, MEID or IMEI) has been altered, defaced or removed
Removable data storage devices.
We cover direct loss or damage that occurs during the policy period shown in the Declarations. Subject to G.4.b. and c., coverage for each Additional Insured begins when coverage of the Additional Insured is approved by us and the Additional Insured pays their first premium. If we do not approve your application for coverage, we will notify you within 30 days that you have not been accepted for coverage.5. Coverage Territory
We insure the Covered Property worldwide. Any claims occurring outside the United States will be processed in the United States.6. Covered Causes of Loss
Covered Causes of Loss means risks of being lost, stolen or directly damaged, except as limited or
excluded elsewhere in this policy;
This insurance does not apply to loss or damage caused directly or indirectly by any of the following:
Seizure or destruction of property by order of governmental authority.b. Nuclear Hazard
Nuclear reaction or radiation, or radioactive contamination, however caused. If physical loss or damage by fire ensues, we will pay only for such ensuing loss or damage.c. War
War, including undeclared or civil war;
Warlike action by a military force; or
Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage.
This insurance does not apply to loss or damage caused by or resulting from any of the following:
Delay, loss of use, loss of service, loss of market, or any other consequential loss or damage, including, but not limited to, loss of time, loss of profits, inconvenience or delay in repairing or replacing lost or damaged Covered Property.b. Dishonest, Intentional, or Criminal Acts
Dishonest, intentional or criminal acts by an Insured or by any person entrusted with Covered Property, whether acting alone or in collusion with others, with respect to his or her coverage under this insurance.c. Obsolescence
Obsolescence or depreciation.d. Wear, Deterioration, Latent Defect
Wear and tear, deterioration; or
Hidden or latent defect, including equipment design defect, or any quality in the property that causes it to damage or destroy itself.
Mechanical breakdown and disturbance caused by battery power or any artificially generated electrical current. This exclusion does not apply under A.6.c and A.6.e Covered Causes of Loss.f. Cosmetic Damage
We will not repair or replace any cosmetic damage, however caused, that does not affect the manufacturer's intended use. This includes, but is not limited to:(1)
Cracking, marring, or scratching.
Change in color or other change in the exterior finish.
We will not make any repair or replacement for loss or damage that is covered under the manufacturer’s warranty. In the event we have knowledge of a prior malfunction, proof of repair may be required before coverage for future claims is applicable.h. Late Claims
We will not cover claims reported to Asurion more than 60 days after the time of loss or damage.i. Programming, Repair Work
Programming, cleaning, adjusting, repairing, modifying, or performing any other work upon Covered Property.j. Virus
Computer virus or any other malicious code or similar instruction that:(1)
Disrupts the normal operation of the Covered Property; or
Results in destruction of or unsuitability of data or programs stored in the Covered Property.
Voluntarily parting with Covered Property by an Insured or by any person entrusted with Covered Property, whether or not induced to do so by any fraudulent scheme, trick, device or false pretense.l. Intentional Loss or Damage
We do not cover damage to Covered Property which is the result of it having been used in a manner inconsistent for which it was designed or intended by the manufacturer. We also do not cover damage that is intentional or the result of abuse.m. Pollution
The discharge, dispersal, seepage, migration or escape of pollutants. Pollutants means any solid, liquid, gaseous, or thermal irritant or contaminant including smoke, vapor, soot, fumes, acid, alkalis, chemicals, artificially produced electric fields, magnetic field, electromagnetic field, sounds waves, microwaves, all artificially produced ionizing or non-ionizing radiation and/or waste. Waste includes materials to be recycled, reconditioned or reclaimed.
C. LIMITS OF INSURANCE
The most we will spend, in any one occurrence, to repair or replace Covered Property due to a covered claim is seven hundred fifty ($999)
dollars. Each Insured is limited to 2 losses in any consecutive 12 month time period. When this limit is exhausted, coverage will cease
immediately and we will notify the Insured that his or her coverage has ceased and no future premiums are due. These Limits of Insurance apply
separately to each covered claim.
The deductible is either $19, $39, $69, $99 or $129 depending on whether the Covered Property is found in Schedule A, Schedule B, Schedule C, Schedule D or Schedule E, attached hereto. The deductible is non-refundable and is payable at the time a repair or replacement is approved by the Authorized Service Center. This Deductible will apply to each filed and approved covered claim, and does not reduce the Limit of Insurance. Only an Insured may pay the deductible.E. INSURED’S DUTIES IN EVENT OF LOSS TO INSURED’S COVERED PROPERTY
In the event of loss or damage to Covered Property, the Insured presenting the claim must cooperate with us and see that the following are done:1. Notify Wireless Service Provider
If the Covered Property is lost or stolen, notify MetroPCS Wireless,
Inc.,to suspend your wireless communications service prior to filing the claim.
If a claim involves a violation of law or any loss of possession, notify the police and obtain a police report or case number, the police station phone number, and the officer’s name and badge number taking the report. If requested, provide a copy of the police report to Asurion Insurance Services, Inc. within 60 days of request.3. Notify Agent, Give Description
Notify Asurion Insurance Services, Inc.within 60 days of the time of loss Give a complete description of:a.
The Covered Property, including telephone number, device make and model, and unique identification number (ESN, MEID or IMEI); and
How, when and where the loss or damage occurred.
Take all reasonable steps to protect the Covered Property from further damage.5. Permit Inspection
Permit us or our Agent to inspect the damaged property. If requested, take or send, the Covered Property to our or our Agent’s designee for equipment failure evaluation.6. Statement Under Oath
If requested by us or our Agent, submit to questioning under oath about a claim or other matter relating to this Policy. In such event, the answers must be signed.7. Proof of Loss and Ownership
If required, provide:a.
A copy of original ownership records, such as a bill of sale;
A signed, sworn proof of loss or damage containing the information we or our Agent request to settle the claim. We may require this statement to be notarized, for which you may incur a nominal fee.
A copy of a government-issued photo identification.
Other records and documents that may be reasonably requested. These records must be provided within 30 days after our request for the documentation
.8. Return of Damaged Covered Property
The Additional Insured is required to return the damaged [including mechanical and electrical breakdown] property to the Authorized Service Center. If the replacement equipment is sent to you, the Authorized Service Center will provide a prepaid shipping label and envelope in which to return the damaged property Disposal of the damaged Covered Property other than by returning it to the Authorized Service Center requires the prior consent of the Authorized Service Center.
If the damaged Covered Property is not returned to the Authorized Service Center within 30 days of the receipt of the replacement equipment, a Non-Return Fee as applicable to the model of Covered Property, not to exceed the Non-Return Fee of up to $300 may be charged to the Additional Insured. Any recovery of lost or stolen property will accrue entirely to our benefit.9. Take Delivery
We may make available to you the approved replacement device for pick up at your Wireless Service Provider. We may also ship the approved replacement device through our Authorized Service Center directly to you within the United States for which you must be available to take delivery of the replacement equipment within 30 days of claim authorization or pay the added cost of re-delivery.F. OUR DUTIES IN EVENT OF LOSS
If a claim is made, we or Asurion Insurance Services, Inc. will notify the Insured of Asurion Insurance Services Inc.’s assessment of the claim within 10 days after we or Asurion Insurance Services Inc. receive all the information requested from the Insured presenting the claim. Repair or replacement of the lost or damaged Covered Property will be done within 30 days after the Insured, or his or her designee has complied with all the terms of the Policy, and we have agreed with the Insured about the repair or replacement.2. Our Options
At our option, we or Asurion Insurance Services Inc. may provide substitute equipment or repair the Covered Property with substitute parts, of like kind, quality and functionality, that:a.
Has been refurbished, and may contain non-original manufacturer parts; or
Is a different brand, model or color.
This Arbitration provision requires the submission of any dispute to Arbitration.
Instead of first suing in court, disputes or controversies of any nature whatsoever (whether in contract, tort, or otherwise, including statutory, common law, fraud, other intentional tort, property and equitable claims) will be arbitrated on an individual, non-class basis, arising out of, relating to, or in connection with:
Any activities, transactions, services or interactions of any kind involving any Insured and us (for purposes of this Section G.1., “we” or “us” will include any of our employees, agents, representatives or associated businesses who are involved in any way in any activities, transactions, or services with any Insured relating to this policy), and the relationships which result from this policy, including, to the full extent permitted by applicable law, relationships with third parties who are not parties to this policy; or
The validity, scope or enforceability of this arbitration provision or the entire policy.
Any such claim, dispute or controversy instead shall be resolved on an individual basis without resort to any form of class action or class arbitration, by nonbinding arbitration before a single arbitrator. All Insureds and we waive any right to pursue on a class basis any such dispute, controversy or claim, even if applicable law permits class actions or class arbitrations.
All arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Wireless Industry Rules and Procedures in effect at the time the demand for arbitration is filed. The Rules and Procedures, as well as forms and information on arbitration in general may be obtained by calling 1-800-778-7879, or by visiting AAA's Web site atwww.adr.org
Any arbitration which the Insured attends will take place at a location within the federal judicial district that includes the Insured's billing address at the time the demand for arbitration is files
e. Upon written request, we will advance to the insured either all or part of the fees of the AAA and the of the arbitrator. The arbitrator will decide whether the insured or us will ultimately be responsible for the these fees and may waive the Insured's fees upon a finding of economic hardship.
The arbitrator shall apply relevant, substantive law and applicable statutes of limitation and shall provide written reasoned findings of fact and conclusions of law. This arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq.
If any portion of this arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the arbitration provision.
THE INSUREDS AND WE AGREE THAT THIS ARBITRATION WILL BE ON AN INDIVIDUAL BASIS.
THE INSUREDS AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS ARBITRATION PROVISION NEITHER INSURED NOR WE WILL HAVE THE RIGHT TO FIRST GO TO COURT, HAVE A JURY TRIAL OR PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS UNDER A CLASS ACTION OR CLASS ARBITRATION UNTIL THE ARBITRATION REQUIRED BY THIS PROVISION HAS BEEN COMPLETED AND THE INSURED AND WE HAVE BEEN UNABLE TO RESOLVE OUR DISPUTE, CLAIM OR CONTROVERSY.
FURTHER, ALL INSUREDS AND WE WAIVE OUR RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANT UNDER A CLASS ARBITRATION EVEN IF CLASS ARBITRATION WOULD OTHERWISE BE PERMISSIBLE UNDER APPLICABLE LAW.
2. Claim Authorization and Loss Payment
We or Asurion Insurance Services Inc.has the right to settle the loss with the Insured or his or her designee. No claims will be accepted unless authorized by Asurion Insurance Services Inc. All repairs and replacements must be done by the Authorized Service Center, unless the Authorized Service Center gives the Insured other specific directions. In no event will Insureds be reimbursed for any out-of-pocket expenses.3. Cancellation
The First Named Insured may cancel this policy by mailing or delivering to us advance written notice of cancellation. In this event, the First Named Insured agrees to deliver notices of cancellation to all Additional Insureds, 60 days prior to cancellation of their coverage, or to pay the Agent for delivery thereof
.b. How Additional Insureds Cancel
An Additional Insured may cancel coverage provided to him or her by notifying the Agent or First Named Insured , who will advise the Agent.c. How We Cancel
We may cancel coverage for nonpayment of premium by mailing or delivering written notice of cancellation, including the actual reason for cancellation, at least 10 days before the effective date of cancellation.
When an Additional Insured's coverage has been in effect for less than 60 days, we may cancel for any reason by mailing or delivering written notice of cancellation, including the actual reason for cancellation, at least 30 days before the effective date of cancellation. We may cancel the coverage of any Additional Insured
for fraud or intentional misrepresentation made in obtaining this insurance or in filing a claim under this insurance, by mailing or delivering written notice of cancellation, including the actual reason for cancellation, at least 15 days before the effective date of cancellation.
When coverage has been in effect for 60 days or more, we may cancel the coverage of any Additional Insured
for fraud or intentional misrepresentation made in obtaining this insurance or in filing a claim under this insurance, by mailing or delivering written notice of cancellation, including the actual reason for cancellation, at least 15 days before the effective date of cancellation.
We also may cancel coverage for all Insureds by mailing or delivering written notice of cancellation at least 30 days before the effective date of cancellation, including the actual reason for cancellation, if:
If there is a cancellation in accordance with Section G.3.c., notice will be sent to:
The First Named Insured agrees to pay or act as delivery agent for notice of cancellation to all Additional Insureds.d. Effective Date of Cancellation
Notice of cancellation will state the effective date of cancellation. The coverage will end on that date.e. Return Premiums, If Any
If the policy is canceled, any refunds due will be on a pro rata basis. The cancellation will be effective even if the refund has not been made or offered.f. Proof of Mailing
If notice is mailed, proof of mailing will be sufficient proof of notice.4. Eligibility
To be eligible for coverage you must be a valid, active and current subscriber of your Wireless Service Provider
If your request for enrollment for coverage is submitted at the time of initial activation of the “MetroPCS Wireless Inc.” service for the Covered Property and you are approved by us, we cover direct loss or damage that occurs during the policy period shown in the Declarations.
If your request for enrollment for coverage is submitted, anytime after initial activation of the MetroPCS
Wireless, Inc. service for the Covered Property you are not eligible for this insurance and your enrollment will be rejected; in such instance, no coverage is ever in effect.
c. You must not have engaged in fraud or abuse with respect to this or a similar communications equipment insurance program.d.
You must not be in breach of any material term of this policy, including but not limited to failure to return damaged Covered Property when requested in conjunction with a loss.
The First Named Insured, on its own behalf and on behalf of the Additional Insureds, is authorized to make changes in the terms of the policy with our consent. The policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. If notice of such changes is mailed, proof of mailing will be sufficient proof of notice.6. Concealment, Misrepresentation or Fraud
The policy is voidable in any case of fraud, intentional concealment or misrepresentation of a material fact, by either the First Named Insured or any Additional Insured or his or her designee at any time, concerning:a.
The Covered Property;
The Insured's interest in the Covered Property; or
A claim under the policy;
but only with respect to his or her coverage.7. Conformity To Statute
We agree that any terms of this policy not in conformity with the statutes of the state in which the policy is issued are amended to conform to those applicable state statutes.8. Benefit Only Available To Insureds
No person or organization, other than an Insured, will benefit from the insurance. We may make available to you other limited benefits or services related to your Covered Property where available. These may include: property location or recovery services; data management or recovery services; equipment service and maintenance; reduced cost upgrade or purchase benefits or other services provided through your Wireless Service Provider or other authorized service facilities.9
.Legal Action Against Us
No one may bring a legal action against us under the policy unless:a.
There has been full compliance with all the terms of the policy;
The action is brought within 2 years after the Insured has knowledge of the loss or damage;
The action is brought in compliance with Section G.1.
If we adopt any revision in the policy which would broaden the Coverage under the policy without additional premium within 60 days prior to or during the policy period, the broadened coverage will immediately apply to this policy.11. Premiums
The First Named Insured is responsible for the payment of all premiums.
Within fifteen days after the end of each month, the First Named Insured:
Will report to the Agent the total number of Covered Property units that were covered under this policy as of the last day of that month; and
Will remit the monthly earned premium to us through the Agent based on that report.
The premium will be calculated by multiplying the rate per unit of Covered Property shown in the Declarations by the total number of such units. The First Named Insured may request that Additional Insureds be billed for their individual units of Covered Property. In that event, the rate will be the same as the policy rate billed to the First Named Insured. If the First Named Insured provides monthly billing and collection services for the Agent, all funds collected by the First Named Insured are our property. We may examine and audit the First Named Insured’s books and records as they relate to this Premium Payment Provision at any time during the policy period and up to three years afterward.12. Transfer of Rights and Duties Under This Policy (Assignment)
No rights and duties under the policy may be transferred.13. Transfer of Rights of Recovery Against Others To Us (Subrogation)
If after we have made good the covered loss or damage, any Insured has rights to recover damages from another, those rights are transferred to us to the extent of our cost of repair or replacement. The Insured must do everything necessary to secure our rights and must do nothing after loss or damage to impair them.
The foregoing is a generalized description of the policy. It is not a full and complete version of the policy. Some provision may differ by
state based upon applicable law. For more information, or a copy of the policy, you may call Asurion at 1-888-723-3360 or send a self-addressed
envelope to Asurion Insurance Services, Inc. ATTN: Polilcy Copy, P. O. Box 110656, Nashville, TN 37222-0656. Please include your wireless
telephone number so that the proper policy can be delivered to you.
IMPORTANT NOTICE TO POLICYHOLDERS – TERRORISM RISK
INSURANCE ACT OF 2002
You are hereby notified that, under the Terrorism Risk Insurance Act of
2002, as amended, we must make terrorism coverage available if your
policy covers commercial property. However, the actual coverage provided
by your policy for acts of terrorism, as is true for all coverages, is
limited by the terms, conditions, exclusions, limits, other provision of
your policy, any endorsements to the policy and generally applicable
rules of law.
Any terrorism coverage provided by this policy may be partially reimbursed
by the United States Government under a formula established
by Federal Law. If applicable, under this formula, the United States
Government will pay 85% of covered terrorism losses exceeding a
statutorily established deductible paid by insurers until such time as
insured losses reach the $100 billion cap that limits U.S. Government
reimbursement as well as insurers’ liability for losses. If that occurs,
your coverage may be reduced.
You will not be required to pay a premium for terrorism coverage at this
time. If a premium is going to be charged for terrorism coverage, we
will provide you with advance notification of what that premium will be.
By using the In-Store WiFi Service (the "WiFi Service") for MetroPCS wireless services offered by T-Mobile USA, Inc. and any of its subsidiaries ("us," "we," "our" or "MetroPCS"), you acknowledge and agree that your use of the WiFi Service is subject to and conditioned upon the following Terms and Conditions of Use (these "Terms and Conditions"). By utilizing the WiFi Service, you agree to:
The WiFi Service is not encrypted and uses networks, owned and operated by third parties, that may be subject to unauthorized interception and are not inherently secure. The networks used in the WiFI Service are provided to you free of additional charge. In consideration of your agreement to the Agreement, the WiFi Service may be utilized, subject to the Agreement, by any device capable of using the networks provided by the WiFi Service. You acknowledge and agree that we cannot guarantee the privacy of your data and communications while using the MetroPCS WiFi Service.
MetroPCS MetroPCS does not provide any protection for your communications over the Internet, and your usage, including the content transmitted over our networks, can be monitored and reviewed by Us. You acknowledge and agree that you have no expectation of privacy while using our WiFi Service. You acknowledge and agree that you should be especially careful, and that you are solely liable, when transmitting user names, passwords, credit card numbers, financial data, personal information, and other sensitive and confidential information across the Internet without ensuring that appropriate security precautions are in place. Your communications may be transmitted without encryption and may be vulnerable to unauthorized interception. You acknowledge and agree that it is your responsibility to use appropriate encryption technologies or to use websites that offer secure encryption technology.
You agree to not use the WiFi Service to infringe upon or violate the intellectual property or proprietary rights of third parties while using the WiFi Service. You agree that you will not use the WiFi Service for file sharing, peer-to-peer file sharing, or for any unauthorized copying, sharing, selling or trading of digital media and/or files. By using the WiFi Service, you agree that you will not use the WiFi Service to view, load, receive or share pornographic or obscene material, or other material that is illegal to receive, load, share or view.
We reserve the right to, and you acknowledge and agree that we may, restrict or block access to certain sites, content or subject matters or block access from certain users, including you. We reserve the right to update, modify or change these Terms and Conditions at any time, without notice to you. We also reserve the right to discontinue the WiFi Service at any time or to change these Terms and Conditions, without notice to you. You should periodically check this WiFi Service Terms and Conditions and the Agreement for changes.
MetroPCS has no obligation to monitor the WiFi Service, but may do so and may disclose information regarding use of the WiFi Service for any reason if We, in our sole discretion, believe that it is reasonable to do so, including to satisfy laws, regulatory, governmental or legal requests, regarding operating the WiFi Service properly, or to protect itself or its customers.
We make no warranty, nor do We make any agreement as to your ability to use the WiFi Service or that WiFi Service will be available at any time.
Except for MetroPCS’ websites, we do not control any materials, information, products or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. We have no control over and accept no responsibility for such materials. You assume full responsibility and risk for accessing content via the WiFi Service and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise promoted through the WiFi Service or the Internet.
Please keep in mind that these Terms and Conditions only address the MetroPCS WiFi Service and are limited in scope to that Service. They do not, and are not intended to, address issues or problems you may encounter while using other networks. They also do not, and are not intended to address, all types of network, device or Internet security issues or risks.
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR (i) OUR, OR OUR DEALER’S, AGENT’S, REPRESENTATIVE’S, VENDOR’S, SUPPLIER’S PROVISION OF, OR FAILURE TO PROVIDE YOU WITH, SERVICE OR METROPCS' FAILURE TO PERFORM HEREUNDER SHALL BE YOUR RIGHT TO HAVE METROPCS RE-PERFORM SUCH SERVICE. YOU AGREE THAT THE FOREGOING ALLOCATION OF RISK SHALL, IN THE EVENT OF METROPCS’ INABILITY, DESPITE GOOD FAITH EFFORTS, TO PROVIDE THE SERVICE, REMAIN IN EFFECT REGARDLESS OF WHETHER THE EXCLUSIVE REMEDY PROVIDED FOR UNDER THIS SECTION THEN SATISFIES THE ESSENTIAL PURPOSES FOR WHICH THEY WERE INTENDED, OR OTHERWISE PROVIDE YOU WITH A FAIR QUANTUM OF RELIEF.
All copyright, database rights, trademarks and other intellectual property rights in any and all aspects of the Website (including text, graphics, photographs, logos, buttons, icons, images and software (including compilations, underlying source code and applets) and all other material on the Website) is the property of MetroPCS or its licensors or partners and is protected by U.S. and international intellectual property laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the Website without the express written permission of MetroPCS is strictly prohibited.
For personal use only. Election of Metro411 Unlimited Directory assistance product will not allow access to Local call completion. Coverage and services not available everywhere. Rates, services and features subject to change. Visit metropcs.com or a MetroPCS store for information on specific Terms and Conditions of Service, coverage areas, handset capabilities and any applicable restrictions.
Revised: May 14, 2013
MetroMUSIC is a service ("MetroMUSIC Service") governed by the MetroPCS Terms and Conditions of Service ("Agreement") and as such, incorporates all provisions of the Agreement including, but not limited to and without limitation, the following provisions ("MetroMUSIC Terms and Conditions"): Scope of Service, Charges, Your Use of the Service, Billing and Payment, Termination, Disclaimer of Warranty, Limitation of Liability, and Arbitration; Dispute Resolution.
Ringback Tones, Ringtones and Full-Track Downloads are licensed by you for a fee. Ringback Tones and Ringtones are licensed by you for a fee for a specific period of time and only for use on the Wireless Device to which it is initially downloaded. Use of MetroPCS services acknowledges acceptance of the MetroPCS Terms and Conditions of Service found at metropcs.com. The credits given for the Ringack Tones Music Bundle, Ringtones Music Bundle, or Full-Track Downloads Bundle will not roll over to the next calendar month and will renew on the first of each month. For each Ringback Tone, Ringtone, or Full-Track Download that is licensed beyond the included monthly credits, there will be an additional charge that will be deducted from funds in your MetroConnect® account. Taxes may be assessed against your MetroConnect account balance for your purchases. Based on the Ringback Tones, Ringtones, or Full-Track Downloads you license, the price and expiration may vary. Please refer to metropcs.com/MetroMUSIC for specific pricing and expiration dates. Streaming video is licensed by you for your personal use and only for use on your handset. For subscription Services, like streaming video (which are charged on a recurring basis), you will be charged monthly until you unsubscribe or the subscription Service is cancelled. You are responsible for all purchases made on your Wireless Device. Refunds will not be provided after expiration, suspension or cancellation. MetroPCS may communicate with you electronically, including, but not limited to text messages, about the MetroMUSIC Services. The content on the MetroMUSIC service contains the intellectual property of third parties. The license you receive is a limited, nonexclusive, nontransferable license to use the Content and Apps for personal use until they expire, subject to any restrictions provided with the product purchased and in the MetroPCS Terms and Conditions of Service, found at metropcs.com. You will not sell, transfer, copy or otherwise reproduce, modify or revise the content. The content is protected by law (including copyright law) and is solely for the end user's personal, non-commercial use. End User agrees to comply with all applicable laws (including copyright law), and may only make such copies as are reasonably necessary for such End User's personal and non-commercial use. Any other redistribution, reproduction, transmission, communication, sale, use (including, except in the case of Ringtones, as a "ringer" for a phone), broadcast, public performance, rental or lending, adaptation, sub-license or other use of the content without the prior written consent of the copyright owner is prohibited. All rights not expressly granted herein are reserved by the applicable content owner.