MetroPCS Terms and Conditions of Service (“Agreement”)
To view or download the Start of Service Request Form, please click here.
This Agreement governs the sale and delivery of wireless services ("Service" or
"Services") to you by MetroPCS Communications, Inc. and any of its subsidiaries
("us", "we", "our" or "MetroPCS"). This Agreement is between you (the purchaser
or user of the Services) and us. Certain regulatory filings, called tariffs, and
other laws, may also govern our provision of Services to you and such tariffs are
incorporated by this reference into this Agreement. This Agreement replaces and
supersedes all previous versions of the Terms and Conditions of Services.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU ARE A NEW CUSTOMER,
WHEN YOU INITIATE SERVICE BY ATTEMPTING TO PLACE A CALL ON METROPCS'S WIRELESS SYSTEM
OR TO USE ANY OTHER SERVICE, YOU AGREE TO THIS AGREEMENT AND ALL APPLICABLE LAWS
AND TARIFFS. BY USING METROPCS'S WIRELESS SYSTEM OR ANY OTHER SERVICE, 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.
Nature of Service. The service is provided via service plans
in which customers do not pay metered "per minute" charges for local voice service.
In an effort to offer this service on a reliable basis at a reasonable cost, MetroPCS
reserves the right to discontinue providing service to customers, to discontinue
accounts, or to discontinue providing connections to particular telephone numbers
or types of services, that, in the sole judgment of MetroPCS, appear likely to generate
abnormally high call volumes or abnormally long average call lengths in comparison
to those of other customers, numbers or types of services or which may be harmful
or disruptive to MetroPCS' system or services to other customers. By initiating
service and placing calls on the MetroPCS system, customers acknowledge and agree
to this reservation of rights by MetroPCS.
Scope of Service. Service is limited to the operating range
and capacity of our wireless system in your service area. Your service area is the
area depicted in the coverage brochure you received with this Agreement and may
change from time to time. Except for 911 calls and any "roaming" service to which
you have subscribed, you will not be able to use your wireless phone outside of
your service area for any calls, including local calls and long distance calls.
Service depends on over-the-air radio transmissions. Many factors beyond our
control affect your ability to make and receive calls on your wireless phone and
the quality of those calls including, but not limited to, your location, the conditions
of the atmosphere, terrain, nearby buildings and other structures, network capacity
issues, system outages or failure of equipment to operate as expected, a problem
that occurs with service we purchase from someone else, system upgrades, performance
of maintenance work, accidents or other events outside of our control. As a result,
sometimes Service, including calls or attempted calls to emergency services like
911, may be 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's
approximate coverage in your service area. You should not interpret any such statement
to mean that Service will be available without interruption in any service area.
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 THE
USE OR ATTEMPTED USE OF THE SERVICE.
Start of Service Form/Rate Plan/Coverage Brochure. When
you initiate Service with MetroPCS, you should receive your Start of Service form,
this Agreement, and a brochure detailing the coverage available in your service
area. These materials are part of your Agreement with MetroPCS. Your Start of Service
form identifies the rate plan you have chosen and sets forth the charges you have
to pay for Service, including monthly access fees and any applicable surcharges
or other fees. 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 execute a new rate plan with you
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. You will be notified of the effective date of any modification
to your rate plan. If you do not receive the Start of Service Form or the other
documents, you may obtain a copy from us, our dealers, or our web site at www.metropcs.com.
Charges. You are responsible for paying all charges for
Service ("Service charges"), including the following: (1) recurring monthly access
charges; (2) charges 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 $15 reactivation fee; and (4) all applicable taxes and
regulatory charges. You are responsible for all charges to your account, whether
or not you were the user of the wireless phone.
Metro-Connect. If you want to use optional MetroPCS services
and/or features 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 Metro-Connect 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
long distance, 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. 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. Funds paid into your Metro·Connect account
cannot be applied to monthly access, taxes, or fees. You may make advance
payments into your Metro·Connect Account by dialing *99 on your MetroPCS phone and
charging your purchases to your credit card. You may also make advance payments
into your Metro·Connect 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 Metro·Connect account in increments established by us from time to time,
up to any maximum account balance that we may establish. You can determine the balance
in your Metro·Connect account by calling *99 from your wireless phone.
The balance in your Metro·Connect account is non-refundable. If you or MetroPCS
terminate your MetroPCS monthly Service for any reason, any remaining balance in
your Metro·Connect account will be forfeited and will not be refunded to you. As
long as you continue to subscribe to the Service, any amounts you paid into your
Metro·Connect 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.
We will automatically deduct the per-minute charges plus applicable taxes, surcharges
and fees for your use of long distance services, features and the per-call charges
plus applicable taxes for your use of directory assistance services from your long
distance/directory assistance account balance. For purposes of determining the per-minute
length of your long distance call, your call will be rounded up to the nearest minute.
Charges for a completed call from your wireless phone will begin when you press
the SEND key and will end when either party ends the call. 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, including
your rate plan, and any applicable tariff, at any time. You will be notified at
least 25 days in advance of proposed changes that may result in higher rates or
charges or more restrictive terms or conditions in this Agreement or your rate plan.
Any such changes to this Agreement, including your rate plan, will be effective
after that time period except as noted below. Changes to a tariff will become effective
as provided in the tariff. 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 25
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.
Terms of 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 violation by you of the terms and conditions
of this Agreement or of any applicable statutes, ordinances, laws or regulations
of any local, state, or federal authority. MetroPCS may deny a request for Service
from any customer or potential customer for any lawful reason. MetroPCS also reserves
the right to cease serving customers who are not acting in accordance with the terms
of this Agreement, to disconnect calls that are not in accordance with the terms
and conditions of this Agreement, and to cease providing service to telephone numbers
or categories of services that are inconsistent with the terms and conditions of
this Agreement and the nature of the Service.
MetroPCS reserves the right to manage our phone systems and the calls on our phone
systems 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 customers place
an abnormally high number of calls, or repeatedly place calls which result in abnormally
long call lengths. Thus, we reserve the right to discontinue service to customers,
or to discontinue or block service to certain telephone numbers or categories of
services, 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 (e.g. baby monitoring or other monitoring
services), (iv) by persons seeking to establish an access point for intra-company
PBX services, (v) by persons seeking to provide a commercial or private dispatch
service, or (vi) by persons seeking to access multi-party Chat Line Services or
to call telephone numbers that generate Chat Line Traffic. 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 whic 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.
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 and services
that MetroPCS determines, in its sole discretion, are inconsistent with the nature
of Service provided by MetroPCS. In addition, MetroPCS reserves the right in its
sole discretion to terminate any call where the duration of the call exceeds time
limits established by MetroPCS from time to time.
In addition, the Service may be used only for 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.
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's wireless
system or other communications systems.
We may also suspend or terminate Service to any customer if we have reason to believe
that the customer is using our Service for any fraudulent, obscene, illegal, harassing,
or abusive purpose For example, MetroPCS Service is not intended 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
Although it is illegal for unauthorized people to intercept wireless phone calls
intended for others, MetroPCS cannot guarantee the complete privacy of your calls.
METROPCS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INTERCEPTION BY
THIRD PARTIES OF COMMUNICATIONS FROM ITS SYSTEM.
Always use your telephone 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 phone while driving. It is your responsibility
to comply with laws that apply to you when you are driving.
Account Activity and Information Verification. This Agreement
shall be contingent upon our verification and approval of certain information about
you, including billing information; we reserve the right to deny or limit the provision
of Service on the basis of any information that we gather. We may require that you
provide us with additional or updated information we reasonably need to determine
if you qualify for Service, to manage the Service, or to determine if you are using
the Service in accordance with this Agreement. If you do not provide us the information
we request within the time period that we specify, we may choose not to start Service
to you, or, if you are an existing customer, we may suspend or terminate Service
to you. You warrant and represent that all information furnished to us by you is
current, complete, accurate and true as of the time you provide it, and you will
update it as necessary to keep it complete, accurate, and true. At any time, we
may take any action that we believe necessary to verify or review your account activity
or information you provide to us, including: (1) verification of your billing or
account information, (2) review of your use of Services and of your account to help
assess the Services we provide and the performance of our systems, and (3) investigation
of suspected prohibited use. We may share information we gather about you as
provided elsewhere in this Agreement and in our Privacy Policy which is available
at www.metropcs.com or by writing to us at the address in the Notices section.
Billing and Payment. Except for Metro-Connect features, Service charges
are generally billed in advance and are due before the first day of your monthly
service period. Monthly service periods are approximately 30 days long.
The dates of your monthly service period 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 MetroPCS
bill through a credit card; this authorizes us to charge all amounts you owe us
to the credit card up to five (5) days prior to the due date and to demand immediate
payment from the card issuer. 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 card. You must promptly notify us of any change in the credit card
you want to use for payment. You may also make a payment by credit card online at
www.metropcs.com or through the automated MetroPCS IVR. In addition, you may pay
your MetroPCS bill 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 have 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
MetroPCS bill with cash, certified check, cashier's check or money order.
Billing Disputes. Your payment will be considered late if we do not receive
it before the first day of the monthly service period 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. If we have to take action beyond
billing you in order to collect payment, you will be required to pay our reasonable
costs and expenses of collection, including attorney's fees, court costs, and the
fees of any collection agency to the extent permitted by law. If MetroPCS bills
and collects amounts for any third party service provider, we will allocate payments
we receive from you first to amounts due to MetroPCS. We will then allocate any
remaining payment to amounts due to such third party service providers. You
have the right to dispute charges on your bill, but you must notify us of the dispute
in writing within 90 days after the billing date or you waive the dispute.
Termination. 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 bill in full on time) or any applicable
tariff, we may suspend or terminate your Service. MetroPCS is not required to provide
you with any notification before suspending 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 under the "Notices"
section.
REFUND POLICY. 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 METRO CONNECT ACCOUNT, YOU WILL NOT BE ENTITLED
TO RECEIVE ANY REFUND.
Numbers. We will assign a phone number (the "Number") to
your wireless phone. You do not own the Number or any personal identification number
("PIN") that you may use in connection with your Service. We can change, reassign,
or eliminate any Number or PIN by giving you notice. If your account is deactivated,
we can reassign the Number without giving you any notice. You may not assign the
Number or PIN to any wireless phone or other equipment except as approved by us,
or to any other party. In order to port your telephone number from MetroPCS, you
must have an active account with MetroPCS. You may be required to purchase a new
wireless telephone 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 telephone number and account name with each call you make from your MetroPCS
phone. Your account name and number may be displayed on the telephone of the party
called if that person uses caller identification. Your telephone 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 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.
DISCLAIMER OF WARRANTY; WIRELESS PHONES AND RELATED EQUIPMENT. METROPCS
DOES NOT MANUFACTURE WIRELESS PHONES OR RELATED ACCESSORY EQUIPMENT. YOUR WIRELESS
PHONE AND RELATED ACCESSORY EQUIPMENT COME WITH A SEPARATE WRITTEN WARRANTY FROM
THE MANUFACTURER. STATEMENTS BY METROPCS OR METROPCS EMPLOYEES AND AGENTS REGARDING
THE WIRELESS PHONE 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 PHONE OR ANY RELATED ACCESSORY EQUIPMENT, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT SHALL METROPCS BE LIABLE FOR ACTUAL, INCIDENTAL, INDIRECT,
SPECIAL, TREBLE, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST REVENUES,
LOST PROFITS, OR OTHER LOSS BY YOU) ARISING FROM THE MANUFACTURE OR WARRANTY OF
THE WIRELESS PHONE OR RELATED ACCESSORY EQUIPMENT. 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 PHONE 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 YOUR USE OF THE SERVICE. THE METROPCS PARTIES SHALL NOT BE
LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, TREBLE, PUNITIVE, CONSEQUENTIAL OR
OTHER INDIRECT DAMAGES (INCLUDING LOST REVENUES, LOST PROFITS, OR OTHER LOSS BY
YOU) TO THE FULL EXTENT THE SAME MAY BE DISCLAIMED BY LAW. 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.
LIMITATION OF LIABILITY: UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR
CASE, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST THE
METROPCS PARTIES TO THE LESSER OF: (A) YOUR DIRECT DAMAGES OR (B) ONE MONTH'S SERVICE
CHARGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY,
WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, NEGLIGENCE,
PRODUCTS LIABILITY, OR ANY OTHER THEORY.
TTY. 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
phone 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 phone,
please contact us toll free at 1-888-8metro8.
Risk of Loss or Damage to Wireless Phones. Upon your acceptance of delivery
of your wireless phone, all risk of loss, damage, theft, or destruction of your
phone is borne by you. In the event of any loss, damage, theft, or destruction of
your phone, in whole or in part, you are responsible for purchasing a replacement
phone 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.
Notices. We reserve the right to provide notice to you by
telephone, short message service, or voicemail service to the extent permitted by
applicable law. Any such notice will be treated as provided to you when left with
you, on your phone, 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 billing 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 possible grounds for 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.
CPNI In providing service to you, MetroPCS will receive
information classified as "customer proprietary network information" (CPNI) under
federal law that is considered confidential, such as information regarding your
usage of the service, the technical configuration of such service, the destination
of telephone calls you make and the type of services you purchase. MetroPCS may
use this information for certain purposes without further disclosure or consent,
including the following: to provide you Service; to market service offerings to
you related to the Services you purchase; or to protect you, other MetroPCS users,
MetroPCS and other carriers from fraud, abuse or unlawful use of its service. MetroPCS
reserves the right to communicate with you by using prerecorded messages that are
informational or promotional in nature. MetroPCS also may share such information
with its affiliates and third-party agents for the limited purpose of making available
to you communications-related offers and information that may be of interest to
you. However, you have the right under federal law to request MetroPCS not to disclose
your confidential information for this purpose, and MetroPCS has the duty to honor
any such request. You may "opt out" of disclosure of your CPNI to MetroPCS affiliates
and third-party agents for this purpose by sending a request in writing to: P.O.
Box 601119, Dallas, Texas 75360-1119. Opting-out will not affect MetroPCS'
provision of service to you. Additional provisions regarding our use of CPNI and
other subscriber information is set forth in our Privacy Policy, available at www.metropcs.com,
which we incorporate herein by reference.
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. 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 any person or entity to whom we transfer or assign this Agreement.
This Agreement shall be interpreted under (1) the laws of the State in which you
are a subscriber (2) any applicable federal laws, and (3) any applicable tariffs.
If any provision in this Agreement is declared to be illegal or in conflict with
any law, rule, regulation or tariff, that provision may be deleted or modified without
affecting the validity of the other provisions of this Agreement.
Arbitration; Dispute Resolution. Any claim, dispute or controversy
("Claim") by either you or us against the other, or against the employees, agents
or assigns of the other, arising from or relating in any way to this Agreement or
Services provided to you under this Agreement, including (without limitation) statutory,
tort and contract Claims and Claims regarding the applicability of this arbitration
clause or the validity of the entire Agreement, shall be resolved, upon the election
by you or us, by binding arbitration, provided that if you are a California subscriber,
nothing herein limits your right to bring a complaint before an agency of that state.
The party filing an arbitration must choose one of the following three arbitration
administrators: National Arbitration Forum; American Arbitration Association; or
JAMS. These administrators are independent from us, and you must follow their rules
and procedures for initiating and pursuing an arbitration. If you initiate the arbitration,
you must also notify us in writing at the address set forth in the "Notices" section
above. If we initiate the arbitration, we will notify you in writing at your then
current billing address or (if your account is closed) the last address at which
we contacted you. Any arbitration hearing that you attend will be held at a place
chosen by the arbitrator or arbitration administrator in the same city as the U.S.
District Court closest to your billing address, or, if you are a California subscriber,
in the county in which you are billed or which is the primary place of use of your
service, or at some other place to which you and we agree in writing. You may obtain
copies of the current rules of each of the three arbitration administrators named
above, and other related materials, including forms and instructions for initiating
an arbitration, by contacting the arbitration administrators as follows:
National Arbitration Forum
P.O. Box 50191
Minneapolis, MN 55405
www.arbitration-forum.com
American Arbitration Association
335 Madison Avenue,
Floor 10
New York, NY 10017-4605
www.adr.org
JAMS
1920 Main Street,
Suite 300
Irvine, CA 92610
www.jamsadr.com
This arbitration agreement shall be governed by the Federal Arbitration Act, 9 U.S.C.
§§ 1-16 ("FAA"), and shall be conducted under the applicable procedures and rules
of the arbitration administrator that are in effect on the date the arbitration
is filed. unless this arbitration provision is inconsistent with those procedures
and rules, in which case this Agreement will prevail. These procedures and rules
may limit the amount of discovery available to you or us. The arbitrator will apply
applicable substantive law consistent with the FAA and applicable statutes of limitations,
and will honor claims of privilege recognized at law. Judgment upon any arbitration
award may be entered in any court having jurisdiction. No class actions, other representative
actions, or joinder or consolidation of any Claim with a Claim of any other person
or entity shall be allowable in arbitration, without the written consent of both
you and us. This arbitration agreement applies to all Claims now in existence or
that may arise in the future. This arbitration agreement survives the termination
of this Agreement or the Service relationship. If any portion of this arbitration
agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless
remain in force.
IF ARBITRATION IS CHOSEN BY YOU OR US WITH RESPECT TO A CLAIM, NEITHER YOU NOR
WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IF ARBITRATION IS
CHOSEN, YOU AND WE WILL NOT HAVE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE
RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN LITIGATION
FILED IN COURT SUCH AS CLASS ACTION LITIGATIONS. OTHER RIGHTS INCLUDING THE RIGHT
TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION.
BY USING THIS SERVICE, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT
THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
Unless otherwise provided by applicable law, neither party has the right to
bring a Claim or other legal action under these Terms and Conditions more than two
years after the cause of action arose. Notwithstanding the foregoing MetroPCS has
the right to institute legal or equitable proceedings in any court of competent
jurisdiction for claims or disputes regarding: (i) amounts owed by you in connection
with your purchase of Service, or (ii) your violation of the provisions of this
Agreement.
Customer Service. If you have any questions regarding your
Service or information in this Agreement, you may call our activation center at
1-888-8metro8.
Revised January 8, 2007