Online Terms of Use
Published May 1, 2013
Effective May 1, 2013
The following Metro by
A. YOUR USE OF THE SITE
Membership and Registration
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Site, including services provided by Metro by
Prohibited Activities
Except strictly in connection with your authorized use of this Site and only during such use, you may not copy, modify, display, license, distribute, transmit, reproduce, publish, create derivative works from, transfer, or download any information, software, services, copy or provide code/software that copies any material on this Site to republish any or all of the contents of this Site on a website, proxy server, cache or other similar form of storage.
You may not copy, edit, modify, re-render, frame, mirror, truncate, add to, inject, filter or change the order of the information contained on any page of this Site, including, without limitation, by any way of reproducing Metro by
You may not copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduce any code or source code relating to this Site, including, without limitation, any service or product Metro by
You may not cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or otherwise inhibits the full display of this Site.
You may not use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of this Site.
You many not use this Site in any way which depletes web site infrastructural resources, slows the web sites, causes our resources, connections, or services to slow or degrade, or interferes with the normal operation of our sites.
You many not upload or transmit to the Site any device, software, program, or file that may damage the operation of any computer or this Site, including without limitation, viruses or corrupt files.
You may not disguise the origin of information transmitted to, from, or through the Site. You may not circumvent any measures by Metro by
When you use the Site for an authorized purpose, you must include all proprietary notices without changing or hiding them.
You may not engage in any conduct that is, or that Metro by
B. INTELLECTUAL PROPERTY
Copyright
All of the information, content, services and software displayed on, transmitted through, or used in connection with this Site, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by us, or our affiliated companies, licensors and suppliers. You may not use such Content except in strict compliance with this Agreement.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted, and Metro by
Trademarks
The Content includes logotypes, trademarks, service marks and designs (collectively "Marks") owned by us, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in writing in advance by us.
Copyright Notice
©2013
The materials provided herein are for internal, non-commercial use only, and any copies of documents contained within this server or portions thereof must include the above copyright notice.
Each document published by Metro by
C. THIRD PARTY CONTENT
Links to Third Party Sites
We may provide, or third parties may provide, links to other world wide web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Metro by
Communications with Third Parties through the Site
Your dealings or communications through the Site with any party other than us are solely between you and that third party. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by Metro by
Links to, and frames of, the Site. If you operate a website and wish to link to this Site, you agree to be bound to the Terms of Use and you may link only to the home page of the Site and not to any other page or subdomain of us. You may not frame or utilize framing techniques that involve any Marks, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site or suggest any relationship between our Site and you without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, spiders, Trojan horse, or any data gathering or extraction method in connection with your use of the Site. You further agree that you shall not gather any information related to a person’s use of our site, the pages viewed, content displayed, or otherwise.
D. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
While we use reasonable efforts to include accurate information on the Site, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of any Content, when authorized, will not infringe the rights of third parties. In addition, in some cases, Content available on the Site may be provided and/or hosted by third parties. We have not reviewed all of the sites linked to this Site and are not responsible for the content of any off-site pages or links to or from any other sites. While we encourage such third parties to abide by the terms of this Agreement, we have no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE, NOR OUR AFFILIATED OR RELATED COMPANIES, OR ANY OF OUR OR THEIR SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE "PARTIES"), MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, DOWNLOADS AVAILABLE AT THE SITE, ANY ADVERTISING MATERIAL DISPLAYED ON THE SITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES, INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, DOWNLOADS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT SHALL Metro by
Cautionary Language Regarding Forward-Looking Statements
This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under U.S. federal securities laws. Forward-looking statements include information concerning any possible or assumed future results of operations, including statements that may relate to our plans, objectives, strategies, goals, future events, future revenues or performance, future penetration rates, planned market launches, capital expenditures, financing needs and other information that is not historical information. Forward-looking statements often include words such as "anticipate," "expect," "suggests," "plan," "believe," "intend," "estimates," "targets," "projects," "would," "should," "could," "may," "will," "continue," "forecast," and other similar expressions. We may base forward-looking statements or projections made in this Site on our current expectations, plans and assumptions that we have made in light of our experience in the industry, as well as our perceptions of historical trends, current conditions, expected future developments and other factors we believe are appropriate under the circumstances and at such times. You should understand that forward-looking statements or projections are not guarantees of future performance or results. Although we believe that our forward-looking statements and projections are based on reasonable assumptions at the time they are made, you should be aware that many factors could affect our actual financial results, performance or results of operations and could cause actual results to differ materially from those expressed in the forward-looking statements and projections. Factors that may materially affect such forward-looking statements and projections include:
- the highly competitive nature of our industry;
- the rapid technological changes in our industry;
- an economic slowdown or recession in the United States;
- the state of the capital markets and the United States economy;
- our ability to maintain adequate customer care and manage our churn rate;
- our ability to sustain the growth rates we have experienced to date;
- our ability to construct and launch future markets within projected time frames;
- our ability to manage our rapid growth, train additional personnel and improve our financial and disclosure controls and procedures;
- our ability to secure the necessary spectrum and network infrastructure equipment;
- our ability to adequately enforce or protect our intellectual property rights or defend against suits filed by others;
- governmental regulation of our services and the costs of compliance and our failure to comply with such regulations;
- our capital structure, including our indebtedness amounts;
- changes in consumer preferences or demand for our products;
- our inability to attract and retain key members of management; and
- other factors described under "Risk Factors" in our latest Annual Report on Form 10-K and our Quarterly Reports on Form 10-Q, as updated or supplemented.
These forward-looking statements and projections speak only as to the date made and are subject to and involve risks, uncertainties and assumptions, many of which are beyond our control or ability to predict and you should not place undue reliance on these forward-looking statements and projections. All future written and oral forward-looking statements and projections attributable to us or persons acting on our behalf are expressly qualified in their entirety by our cautionary statements. We do not intend to, and do not undertake a duty to, update any forward-looking statement or projection in the future to reflect the occurrence of events or circumstances, except as required by law.
Consent to Monitoring and Disclosure
Metro by
Should any user of information on this Site provide Metro by
E. MISCELLANEOUS
These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be filed in a federal or state court located in Dallas, Texas, within two (2) months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of the Terms of Use is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by us to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. You agree to attempt to resolve any and all claims, demands, or disputes arising out of or relating to these Terms of Use whether in contract, tort (including negligence), statutory, or otherwise, and including any claims regarding the existence, scope, validity, breach or termination of this Agreement (hereafter a "Dispute"). If any Dispute cannot be resolved by mutual agreement within ninety days of notice of said Dispute being sent by you or Metro by
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