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 MetroPCS Terms and Conditions of Service (collectively, the "Agreement");
- Limit your remedy for our acts or omissions to our re-performance of the MetroPCS WiFi Service;
- Limit your damages or losses;
- WAIVE YOUR RIGHT TO A JURY TRIAL IN DISPUTES WITH METROPCS;
- RESOLVE YOUR DISPUTES WITH METROPCS WITH AN ARBITRATOR;
- WAIVE YOUR RIGHT TO INSTITUTE OR PARTICIPATE IN CLASS ACTION LITIGATION AGAINST METROPCS; and
- comply with all applicable laws.
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 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.
LIMITATION OF LIABILITY AND DISCLAIMER
You expressly acknowledge that there are security, privacy and confidentiality risks inherent in wireless communications and technology and MetroPCS does not make any assurances or warranties relating to such risks.
For the avoidance of doubt, MetroPCS' liability for: (i) death or personal injury resulting from its negligence or that of its servants or agents; (ii) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (iii) fraudulent misrepresentation or (iv) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case.
In no event shall MetroPCS and its employees be liable (whether for breach of contract, tort (including negligence) or for any other reason) for any loss of profits, wasted time, sales or revenue, loss of goodwill, loss of or loss of the use of any software, data or computer equipment, loss of bargain, loss of opportunity, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
MetroPCS will not be liable to you for any breach of this Agreement that arises due to any circumstances that MetroPCS cannot reasonably be expected to control, including any failure in communications and Internet downtime.
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.
ACCEPTABLE USE POLICY
All customers of the Services and users of the MetroPCS website agree to and must comply with this Acceptable Use Policy ("AUP"), and your use of any Services, the Websites or software provided by MetroPCS constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. MetroPCS does not actively monitor the use of the Services under normal circumstances. Similarly MetroPCS does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, MetroPCS may remove, block, filter, or restrict by any other means any materials that, in MetroPCS' sole discretion, may be illegal, may subject MetroPCS to liability or may violate this AUP. MetroPCS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or your MetroPCS account or other actions as detailed below. When you use the Services, the third-party from whom MetroPCS has obtained the right to access the applicable hotspot at which the Services are being used is an intended third-party beneficiary of this AUP.
Without limiting the foregoing, except to the extent expressly set out in this AUP or the Agreement or with our express written permission (in which case you must comply with any terms relating to such use that we specify), you agree not to use the Services:
- to transmit any information or written, graphic or photographic material ("Material") (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable;
- to harm, or threaten to harm, minors in any way;
- to impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
- to transmit any Material (by uploading, posting, email or otherwise) in breach of this Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- to transmit any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any third party;
- to transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- to transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- to hack into the Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Website or any other website or damage or destroy the reputation of MetroPCS or any third party;
- to intentionally or unintentionally violate any applicable law, regulation or statute including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- to "stalk" or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent;
- to resell or advertise to resell the Services without MetroPCS' authorization;
- as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server; or
- customers are not permitted to schedule or program automated logins to the Services.
MetroPCS may take any one or more of the following actions, or other actions not listed, at MetroPCS' sole discretion in response to breaches of the AUP: (i) issue warnings, written or oral; (ii) suspend your account or the Services (as applicable); (iii) terminate your account or the Services (as applicable); (iv) bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to prevent violations and/or to collect damages we are legally entitled to, if any, caused by violations.
COPYRIGHTS AND TRADEMARKS
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.