Please use this page as a reference for questions about your service and the terms and conditions of service that govern the service you have purchased from MetroPCS. These Terms and Conditions of Service apply to all wireless services provided by us to you and consist of several parts, which may be amended from time to time:
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, unless you return your wireless device within MetroPCS applicable return period, 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:
MetroPCS Terms and Conditions of Service ("Agreement")
Revised: January 24, 2011
When you initiate Service with MetroPCS, you may receive a 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. This Agreement governs the sale, use and delivery of wireless services ("Service" or "Services") to you (the purchaser or user of the Services) by MetroPCS Wireless, 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.
IF YOU ARE A NEW CUSTOMER, 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 SERVICE; (C) USING YOUR SERVICE AFTER YOUR SERVICE IS ACTIVATED OR YOU MAKE A CHANGE OR ADDITION TO YOUR SERVCE; (D) PAYING FOR THE SERVICE; OR (E) FAILING TO ACTIVATE SERVICE WITHIN 30 DAYS AFTER THE PURCHASE OF YOUR WIRELESS DEVICE, UNLESS RETURNED WITHIN METROPCS APPLICABLE RETURN PERIOD. 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, 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; (B) USING YOUR SERVICE AFTER YOUR SERVICE IS ACTIVATED OR YOU MAKE A CHANGE OR ADDITION TO YOUR SERVICE; (C) USING YOUR SERVICE AFTER YOU MAKE A CHANGE OR ADDITION; OR (D) PAYING FOR THE 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.
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. While we may, but you acknowledge and agree that we are not required to provide notice to you before taking any of the foregoing actions, you acknowledge and 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 brochure you received with this Agreement 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 identifies the Rate Plan you have chosen and sets forth the charges you are required to pay for Service, including monthly access fees and any applicable surcharges or other fees. 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. Unused Rate Plan allotments, bundles, or buckets expire at the end of your billing cycle and do not roll over to the next billing 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 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 call 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 a nd 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.
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, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, 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 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 billing period, 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 billing cycle. If your Data Access ability is suspended, terminated, or shut off by us during any billing cycle, you acknowledge and agree that you will have to change your Rate Plan during the affected billing cycle in order to resume your Data Access capability during that billing cycle. Your Data Access ability will resume during the next billing cycle if you choose to not change your Rate Plan during any affected billing 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 billing 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 your do not utilize your full allocation of Data Access during any billing 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 billing cycle. Further, any unutilized Data Access usage limits in any billing cycle will not roll over or otherwise be available in any other billing 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 the 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.
Billing and Payment.
Except for MetroConnect features, Service Charges are generally billed in advance and are due before the first day of your Service period. Monthly Service periods are approximately 30 days long. Weekly Service Periods are 7 consecutive calendar days long. The dates of your monthly or weekly 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 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 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 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 MetroPCS bill 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 monthly or weekly 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. In such case, your bill date will not change resulting in fewer days of service for that month. If you have a dispute regarding your bill, 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 bill or 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 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 bill or 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 bill 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 billing 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. 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 DEALERS, AGENTS, REPRESENTATIVES, VENDORS, SUPPLIERS, OR OTHER CARRIERS 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.
We offer an equipment insurance program called MetroGUARD. The insurance is currently provided by Old Republic Insurance Company and administered by Asurion Insurance Services, Inc. Please see the MetroGUARD brochure available at any participating retail location or visit http://www.phoneclaim.com/metropcs for complete terms and conditions of coverage. The MetroGUARD Terms and conditions are subject to change and you should refer to them as needed. This program may not be available in all states and eligibility varies by wireless device.
You agree that we may contact you for Service or billing related reasons through the contact information you provide, at the current address on your account, through the Services or wireless devices to which you subscribe or through other available means, including text message, email, fax, recorded message, 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 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 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 at the address set forth in the "Notices" section above. 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.
If the arbitration agreements class action waiver below is declared to be illegal or unenforceable, the entire arbitration agreement shall be null and void. If any other part of this Agreement is declared to be illegal or unenforceable, it shall be construed as nearly as possible to reflect the intent of the parties and the rest of this Agreement shall remain in full force and effect.
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:
335 Madison Avenue,
New York, NY 10017
1920 Main Street,
Irvine, CA 92614
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 administrators 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 billing 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 arbitrators 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 arbitrators others fees, costs and expenses shall be governed by the arbitration administrators 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 billing address or (if your account is closed) the last address at which we contacted you.
ARBITRATION INVOLVES A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR RATHER THAN A JUDGE OR JURY. IF THIS ARBITRATION AGREEMENT IS DECLARED TO BE ILLEGAL, UNENFORCEABLE OR INAPPLICABLE, OR IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO A JURY TRIAL. NO CLASS ACTIONS, CONSOLIDATED ACTIONS, REPRESENTATIVE ACTIONS, OR JOINDER OR CONSOLIDATION OF ANY DISPUTE WITH A DISPUTE OF ANY OTHER PERSON OR ENTITY, SHALL BE ALLOWED IN ARBITRATION. ALL PARTIES TO THE ARBITRATION PROCEEDING MUST ARBITRATE IN THEIR INDIVIDUAL CAPACITY ONLY AND MUST BE INDIVIDUALLY NAMED. 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 PARTYS 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.
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/CPUC 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.
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