TERMS AND CONDITIONS OF USE.
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 METRO BY T-MOBILE OR ITS AUTHORIZED DEALERS TO HAVE YOUR QUESTIONS ANSWERED.
2. Dispute Resolution and Arbitration.
For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 16 below. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive your claim description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or this Agreement.
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 below 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 arbitration may choose from the following independent, impartial arbitration administrators:
335 Madison Avenue,
New York, NY 10017
Copies of their respective rules for consumer disputes and forms and instructions for initiating arbitration may be obtained by contacting them or visiting their websites. Any arbitration shall be conducted pursuant to the arbitration administrator’s 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 account 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 below.
If your Dispute does not exceed $10,000, we will promptly reimburse your filing fee and will pay the arbitrator’s 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 arbitrator’s others fees, costs and expenses shall be governed by the arbitration administrator’s rules.
You may hire an attorney to represent you in the arbitration proceeding and may recover your reasonable 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 service address or (if your account is closed) the last address at which we contacted you.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Section 16) to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes. For claims less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Fidelitel. Inc agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER OF A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out requirements above.
JURY TRIAL WAIVER. If a claim proceeds in court rather than in arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
ARBITRATION INVOLVES A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR RATHER THAN A JUDGE OR JURY. 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 PARTY’S INDIVIDUAL CLAIM.
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.
3. Your Term of Service.
You are a month-to-month customer. If you terminate your Service, your termination will be effective at the end of your current month of Service (unless you port-out your number), and you will remain responsible for all fees and Charges for your Service and usage through the end of that period. If we terminate your Service, we will determine the date of termination, and you will be responsible for all usage and Charges through the date of termination. You can request that we port your number to another carrier, and Service for that number will be terminated when the porting is complete. If you port your number, you will be responsible for all usage and Charges until the port-out is complete.
4. Return Policy and Refund Policy.
For Fidelitel. Inc Device and accessory returns and exchanges, see the applicable return policy, which is available at your place of purchase. 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, you will not be entitled to receive any refund.
5. Changes to Your Service.
This Section describes how changes may be made to your Agreement, is subject to requirements and limitations imposed by applicable law and will not be enforced to the extent prohibited by law. 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 any Authorized Users on your account will have access to all account information. If you give your personal account validation information to someone, they can access, and may be able to make changes to your account just as you can, including incurring charges for which you are responsible. Those changes will be binding on you. Fidelitel. Inc takes no responsibility for changes made to your account by any Authorized User.
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 ACCEPT THE CHANGES. NOTWITHSTANDING ANY TERMINATION, AMOUNTS PREVIOUSLY PAID ARE NON-REFUNDABLE.
6. Our Rights to Make Changes.
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 ACCEPT THE CHANGES.
7. Your Wireless Device and Compatibility with Other Networks and Equipment.
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. Some features and Rate Plans will be available only on Fidelitel. Inc wireless devices purchased from us. At times we may remotely change your wireless device’s software, applications or programming, without notice to address security, safety, or other issues that impact our network or your device. These changes will modify your wireless device and may affect or erase data you have stored on your wireless device, or how you have programmed or use your wireless device. A Fidelitel. Inc wireless device is designed to be used only with our service and on our network. 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 Fidelitel. Inc or an authorized Fidelitel. Inc 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 see our Website for information regarding our software programming unlocking policy. Your wireless device may contain sensitive or personal information. Fidelitel. Inc 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 providing your wireless device to us, you agree that our employees, contractors or vendors may access all of the information on your wireless device.
8. Service Availability.
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 map available to you when you activated Service and may change from time to time without notice. Since Fidelitel. Inc 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 Fidelitel. Inc’s service 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. Fidelitel. Inc takes no responsibility for Service interruptions or problems caused by factors beyond our control. Any statements by Fidelitel. Inc, its employees, representatives or agents about the coverage of our system are intended only to describe Fidelitel. Inc’s 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.
9. Location Based Services
10. Data Plans and Other Features.
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 devices are required.
You acknowledge and agree that your Data Access usage and speed 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. We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as deploying streaming video optimization technology and prioritizing all Smartphone Mobile Hotspot (tethering) data below on-device data. This technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering, and reduce the amount of high-speed data consumption used for streaming video. Streaming video optimization improves streaming video reliability as well as makes room for other users to enjoy higher browsing speeds. The streaming video optimization process is agnostic as to the streaming video content itself and to the website that provides it. While most changes to streaming video files are likely to be indiscernible, the optimization process may minimally impact the appearance of the streaming video as displayed on a user’s device. These practices operate without regard to the content itself or the source of the content, and do not discriminate against offerings that might compete against those offered by Fidelitel. Inc on the basis of such competition. In order to assess your usage during an applicable service cycle, 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 provided 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.
To differentiate the services we sell, at times and at locations where there are competing customer demands for network resources, we give the data traffic of customers who choose Fidelitel. Inc -branded services precedence over the data traffic of customers who choose non-T-Mobile-branded services such as Fidelitel. Inc. Where the network is lightly loaded, a Fidelitel. Inc customer will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations.
11. Content and Applications.
12. Off-Net Usage and Roaming.
Off-Net Usage. Your wireless device may connect to another provider’s network (“Off-Net”) even when you are within our service area. Our Services and Rate Plans are designed for you to use your Service each month predominantly using our networks. You must use your wireless device predominantly within the Fidelitel. Inc owned network coverage area. 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 Fidelitel. Inc to incur too much cost, Fidelitel. Inc may, at its option and sole discretion, limit or terminate your service, deny your continued use outside the areas served by our network or on other carriers’ coverage, or change your Rate Plan. Fidelitel. Inc will provide you with advance notice that it intends to take any of the above actions. Roaming. 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. We may, but you agree we are not obligated to, provide you with notice when you are roaming. YOU AGREE TO HOLD FIDELITEL. INC 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.
13. Charges; Taxes and Fees.
14. Payments and Late Fees.
Service Charges must be paid in advance and are due before the first day of your service cycle. Service Charges cannot be paid in arrears. Unless otherwise specified in your Rate Plan, monthly service cycles are approximately 30 days long. The dates of your monthly or weekly service cycle and other dates related to your account may change from time to time. You must promptly notify us of any change in your account address.
As a convenience, you may authorize recurring payment of your Service Charges 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. We may change the day on which we charge your credit or debit card, in our sole and exclusive discretion, but in no event will that day be more than five (5) days prior to the due date.
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.metrobyt-mobile.com or through the automated Fidelitel. Inc IVR. In addition, you may pay your Service Charges by sending a check or money order by mail to P.O. Box ________, or by bringing cash, check, or money order in person to any Fidelitel. Inc 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 at our Website. 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 Service Charges 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.
15. Your right to Dispute Charges.
16. Notices and Customer Communications.
You expressly consent to be contacted, by Fidelitel. Inc or anyone calling on its behalf, for any and all purposes, at any telephone number, or physical or electronic address where you may be reached, including any wireless telephone number. You agree that Fidelitel. Inc may contact you in any way, including, pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, or e-mail messages delivered by an automatic e-mailing system. You agree that we also have the consent to contact any Authorized User on your account for Service or payment related reasons. Any such notice will be treated as provided to you when left with you, on your wireless device, on your answering/voicemail service, or by email or fax to any email or fax number you provided to us, or 3-days after mailing to your last known address as shown in our records. Your consent to be contacted may be revoked only if it is in writing and is with Fidelitel. Inc’s express agreement. 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.
17. Misuse of Service or Device.
By activating or renewing Service with Fidelitel. Inc, you agree that you do so because you want Service from Fidelitel. Inc and not for any other purposes. You agree not to misuse the Service or Device, including but not limited to: (a) reselling our Service; (b) using the Service or Device to engage in unlawful activity, or 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, including, but not limited to, the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) tampering with or modifying your Fidelitel. Inc Device; (e) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f) reselling Fidelitel. Inc Devices for profit, or tampering with, reprogramming or altering Fidelitel. Inc Devices for the purpose of reselling the Fidelitel. Inc Device; (g) using the Service in connection with server devices or host computer applications; (h) using applications which automatically consume unreasonable amounts of available network capacity; (i) using applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality; or (j) assisting or facilitating anyone else in any of the above activities.
18. Our Rights to Limit or End Service or the Agreement.
WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, including, but not limited to: (1) if you, any user of your wireless device, or any user on your account: (a) breaches this Agreement; (b) lives in an area where we don’t provide Service; (c) have Off-Net Usage which makes it uneconomical for us to provide Service to you; (d) resells your Service; (e) uses your Service for any purpose or in any way not permitted under this Agreement or for any illegal purpose, including uses that violate trade and economic sanctions and prohibitions promulgated by any U.S. governmental agency or engages 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; (f) tampers with or modifies your wireless device; (g) engages in “spamming” or other abusive or unsolicited communications; (h) resells Metro by T-Mobile wireless devices for profit, or tampers with, reprograms or alters wireless devices for the purpose of reselling the wireless device; (i) installs, deploys or uses any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal without our permission; (j) steals from or lies to us; (k) interferes with our operations; (l) fails to follow our Policies; (m) provides false, inaccurate, dated or unverifiable identification or credit information; (n) modifies a wireless device from its manufacturer specifications; (o) fails to use our Services for an extended period of time; (p) fails to maintain an active wireless device in connection with the Service; (q) attempts to transfer Service to another person without our consent; (r) misuses your Service or wireless device; (s) uses your Service or wireless device in a manner that is excessive or unusually burdensome; (t) uses your service other than predominantly on our networks; (u) uses our Service in a way that exceeds our stated Policies for use; or (v) assists or facilitates anyone else in any of the above activities. You agree that you, any user of your wireless device or any account manager on your account won’t (1) 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, unless authorized by Us; (2) threaten, harass, abuse, offend or use vulgar and/or inappropriate language toward our representatives or any person whom you call or contact using our Service; (3) interfere with our operations; (4) “spam,” or engage in other abusive messaging or calling; (5) modify your wireless device from its manufacturer’s specifications; or (6) 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. Fidelitel. Inc is not required to provide you with any notification before suspending, restricting, or terminating your Service. We may impose usage or other limits to your Service, suspend your Service, or exclude certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice.
19. Intellectual Property.
20. Digital Millennium Copyright Act ("DMCA") Notice.
If you believe that material residing on our system or network infringes the copyright of you or any third party for whom you are authorized to act, notify us by using the notice procedure under the DMCA and described at our website. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. There are substantial penalties for sending false notices.
21. Privacy Information; CPNI.
22. Disclaimer of Warranties:
Wireless Devices, Accessories, and Retailed Equipment. FIDELITEL. INC 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 FIDELITEL. INC OR FIDELITEL. INC EMPLOYEES AND AGENTS REGARDING THE WIRELESS DEVICES OR RELATED ACCESSORY EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY BY FIDELITEL. INC. FIDELITEL. INC 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, FIDELITEL. INC 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.
23. Exclusive Remedy;
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 Fidelitel. Inc 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.
24. Use of The Service and Indemnification.
You agree to use the Service in accordance with this Agreement and to comply with all applicable laws. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FIDELITEL. INC FROM ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, USE OF THE SERVICE OR YOUR DEVICE, 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 OR DEVICE 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. Fidelitel. Inc may deny a request for Service from you for any lawful reason. Fidelitel. Inc 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 services that are inconsistent with the terms and conditions of this Agreement or the Policies and the nature of the Service.
25. Enforceability and Assignment.
A waiver of any part of this Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we don’t enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of this Agreement is held invalid that part may be severed from the Agreement. You can’t assign this Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. Upon its transfer or assignment of this Agreement, Fidelitel. Inc shall be released from all liability with respect to this Agreement. This Agreement is the entire agreement between us and defines all of the rights you have with respect to your Service or wireless device, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives or other agents. If you purchase a device, services or content from a third party, you may have a separate agreement with the third party; Fidelitel. Inc is not a party to that agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion.
26. Choice of Law.
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of WA, without regard to the conflicts of laws rules of that state. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state in which your service address in our records is located, but not outside the U.S. If any provision of this Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
27. Other Terms.
27.1 TTY. TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hearing-impaired or who have speech or language disabilities to communicate by telephone. If you have a digital wireless 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.
27.2 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 Metro by T-Mobile at your expense, and you remain responsible for your obligations under this Agreement, including, without limitation, your responsibility for the payment of Service Charges.
27.3 Premium Handset Protection®
“Premium Handset Protection” is an equipment insurance program provided by Old Republic Insurance Company and administered by Asurion Insurance Services, Inc. Phone Recovery features are available as well on select phones. Please see the Premium Handset Protection brochure available at any participating retail location or click here for complete Terms and Conditions of Coverage. The Premium Handset Protection Terms and Conditions of Coverage are subject to change. “Premium Handset Protection” may not be available in all states and eligibility varies by wireless device.