IMPORTANT! PLEASE READ THE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND CONSISTUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND METROPCS. THESE TERMS APPLY TO ANYONE WHO USES THE DEVICE OR SERVICES PURSUANT TO YOUR REGISTRATION OF THE DEVICE OR DOWNLOADING OF THE APP, WHETHER OR NOT YOU HAVE AUTHORIZED THAT PERSON’S USES OR NOT AND EVEN IF THAT PERSON HAS NOT REVIEWED THESE TERMS. YOU ARE RESPONSIBLE FOR ANY SUCH USES. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT INSTALL THE DEVICE, CLICK “ACCEPT” OR USE THE SERVICES.
These Terms may be changed, modified, supplemented, or updated by MetroPCS from time to time without advance notice via: (i) a prompt from an App that will allow you to read the new or modified Terms, or (ii) by electronic mail. You may be required to accept the new or modified terms prior to being able to access the App. You will be bound by any such changed, modified, supplemented or updated Terms if you continue to use the Device or Services after such changes are posted or otherwise identified to you. Unless otherwise indicated, any new content, products, services or functionality added to the Device or Services will also be subject to these Terms effective upon the date of their addition. You are encouraged to review these Terms periodically for updates and changes.
Description of Device and Services
The “Device” means the MetroPCS MetroSmart Ride OBD-II device which is designed for use in connection with the Services. The “Services” include: (a) any software embedded in the Device, (b) the Network Service, as defined in the Section entitled “Network Service,” (c) the MetroPCS MetroSmart Ride mobile application (the “App”), including its associated media, online, electronic, and printed documentation, and the updates and upgrades that replace or supplement the App, and (d) any other Services made available in connection with the Device or App.
IN ORDER FOR YOU TO USE THE SERVICES THE DEVICE MUST BE PROPERLY INSTALLED IN A COMPATIBLE VEHICLE. YOU AGREE TO ONLY USE THE DEVICE AND SERVICES WITH A COMPATIBLE VEHICLE. CHECK VEHICLE COMPATIBILITY HERE.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION; GOVERNING LAW; DISPUTES” PROVISION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND METROPCS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION.
Subject to these Terms, you are granted a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to (a) install and use the Device in a vehicle that is owned or controlled by you and (b) download and use the App on your mobile device. MetroPCS and its licensors retain exclusive ownership of all proprietary rights in the App throughout the world. You may not modify, copy, distribute, transfer or reverse engineer the Device or Services or alter, disable or circumvent any digital rights management security features embedded in the Device or Services. You agree to only use the Device and Services in accordance with all applicable laws and regulations. You further agree not to install or use the device in any vehicle that is not owned or controlled by you, or where you do not have permission to install or use the device in such vehicle.
Consent to Use of Data
The App will collect your geo-location data only after you provide your consent to do so. Your consent can be revoked at any time through device settings on the device where you’ve installed the app. Doing so may limit certain functionality in the App.
MetroPCS makes wireless connectivity and certain data services available to you through the Device and Services. The "Network Service" means the wireless services provided to you by MetroPCS, which are subject to MetroPCS’ Terms and Conditions located at https://www.metropcs.com/content/metro/en/desktop/metro/terms-conditions/terms-conditions-service.html. These Terms supplement and do not amend your Terms and Conditions for network service, and do not limit or restrict any warranties or other terms including in the Device package.
Term and Termination:
MetroPCS reserves the right to terminate your access to and use of the Services, including the App or any of its features at any time in its sole discretion, without notice and liability, including, without limitation, if MetroPCS believes your conduct fails to conform to these Terms. MetroPCS also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
MetroPCS also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information, or content available on the App, without limitation, in whole or in part, including the cessation of all activities associated with the Device and Services, with or without notice. You agree that MetroPCS will not be liable to you or to any third party for any modification, suspension or discontinuance of the Device or Services or any part thereof. MetroPCS also reserves the right to charge for use of the Device and Services, in whole or in part, and to change its fees from time to time in its discretion.
Third Party Content, Services, and Apps
Disclaimer of Warranties:
TO THE EXTENT PERMITTED BY LAW THE DEVICE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND BY METROPCS AND ITS LICENSORS. METROPCS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRIGNEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE DEVICE OR THE SERVICES.
Without limiting the previous paragraph, neither MetroPCS nor MetroPCS’s licensors or suppliers is responsible for any harms resulting from your use of the App, including download, installation, use, transmission failure, or alterations the App may make to the functionality of your Device, handset, OBDII port or other software or hardware, including any changes that may affect your wireless plan, service, or billing, malfunction, data loss, data access by unauthorized third parties or others in the event of accidents. Neither MetroPCS nor MetroPCS’s licensors or suppliers are responsible for any harms arising from your installation or use of the Device, including any damage to you or your vehicle, or any voiding of your vehicle warranty.
METROPCS DOES NOT WARRANT THAT YOUR USE OF THE DEVICE AND SERVICES WILL RESULT IN ANY SAVINGS OR EFFICIENCIES IN THE OPERATION OF YOUR VEHICLE OR THAT THE DETECTION OF MECHANICAL OR TECHNICAL ERRORS IN YOUR VEHICLE WILL BE ACCURATE OR ERROR-FREE. THE DEVICE AND SERVICES ARE NOT INTENDED TO REPLACE THE ADVICE, GUIDANCE OR DIAGNOSIS OF LICENSED MECHANICS OR PROPER VEHICLE MAINTENANCE. YOU ARE SOLELY RESPONSIBLE FOR THE OPERATION OF YOUR VEHICLE – INCLUDING WHILE USING THE DEVICE AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT, UNDER NO CIRCUMSTANCE, WILL METROPCS BE RESPONSIBLE FOR ANY ACCIDENT, DAMAGE, LIABILITY, BODILY INJURY OR DEATH THAT MIGHT OCCUR TO YOU, YOUR PROPERTY, THIRD PARTIES OR THEIR PROPERTY, EVEN IF THE DEVICE OR SERVICES MAY HAVE OR DID CONTRIBUTE TO THE CAUSE OF THE ACCIDENT, DAMAGE, LIABILITY, BODILY INJURY OR DEATH.
Through your use of the Device and Services, you may be able to undertake transactions with third parties, including but not limited to insurance agents, mechanics, and other vendors. You under