By clicking Accept you agree to the following terms and conditions, including acknowledging you are over the age of 13, and if under the age of majority where you reside, that you have parental consent to use the app or website(s) and to be bound by these terms and conditions.
T-Mobile Tuesdays App and Website
Terms and Conditions
Last updated Date of these Terms and Conditions is October 28, 2016.
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS ("TERMS"), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms apply to the T-Mobile Tuesdays application and website(s) (together, the “App”). The App is owned or controlled by T-Mobile USA, Inc. (“Company,” “we” or “us”). You agree to these Terms by clicking Accept or accessing the App or using any of the App features, Customer Exclusives, prizes or rewards. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT CLICK ACCEPT.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION; GOVERNING LAW; DISPUTES” PROVISION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY (AS WELL AS CERTAIN OTHER PARTIES) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE COLLECTIVE, OR PRIVATE ATTORNEY-GENERAL ACTION OR ARBITRATION. Puerto Rico customers: See below for details on the Puerto Rico Telecommunications Dispute Procedure.
You represent that you are at least 18 years of age or the age of majority where you reside (or, if you are a Puerto Rico resident, at least 21 years of age or legally emancipated), or that you are using the App under the supervision of a parent or guardian and with express parental consent both to your use of the app and the terms of these Terms. The App and website(s) are not for use by people under the age of 13. We may ask you to provide accurate registration information to create an account in order to use the App or website(s) or some of its features or services. If we believe that your information is incorrect or incomplete, we may prevent you from accessing the App or website(s), terminate or suspend your account or otherwise limit or restrict your use. Your use of the App or website(s) is limited to non-commercial, personal use only. Certain portions of the App and website(s) are further restricted to users who are T-Mobile customers considered to be in “active status” with a qualifying plan (as determined by Company). The App and website(s) are also not available to T-Mobile customers who are on service plans paid for by government entities or agencies.
T-Mobile may contact you with marketing messages, including messages related to our promotional partners, and in any manner permitted by law, e.g., in app notifications, SMS and MMS messages, automated phone calls, or emails. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section.
Company reserves the right to modify, change or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the App or website(s), and that your use of the App or website(s) after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the App and website(s). The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the App or website(s) from that point forward. Note that you may need to consent to our Updated Terms in order to continue to use the App, website(s) and our services. If any part of these Terms is determined to be invalid or unenforceable for any reason under relevant law, then that part will be deemed replaced with a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining Terms will continue in full force and effect. T-Mobile’s failure to enforce strict performance of any part of these Terms does not waive any of its rights. We may assign our rights and duties under these Terms to any party at any time.
OWNERSHIP OF MATERIALS
Unless otherwise explicitly specified, all materials that are included in, made available through or are otherwise a part of the App or website(s) (collectively, the "Materials") are owned, controlled or licensed by Company, its subsidiaries, affiliates, promotional partners or suppliers and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Company, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
YOUR LIMITED RIGHT TO USE MATERIALS
You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Company; or (c) provide access to the App, website(s), or Materials via any medium without the prior written consent of an authorized representative of Company.
MEMBERSHIP AND REGISTRATION
The App and website(s) require registration and will ask you to provide information to participate in Promotions (defined below). The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to participate in Promotions or otherwise utilize certain features of the App or website(s). When you provide information to the App or the website(s), you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with the App or website(s), you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your device so that others may not access the password protected portion of the App or website(s) using your name in whole or in part. Company reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
Location-Based Services: By using the App and T-Mobile Service, you consent to T-Mobile's collection of your device's approximate geographic location for the purpose of determining whether you are in an appropriate location to receive the T-Mobile Service, and/or complying with applicable laws or contractual obligations. Location data is not retained after an initial check to determine your device's approximate geographic location. These Terms serve as notice that the T-Mobile Service and App may collect your location information and may share that information with certain third parties, including, without limitation, the program administrator, the App and website developers (Mobica and Prize Logic), partners providing Customer Exclusive prizes and offers and fulfillment companies (The Marketing Store Worldwide). Depending on your usage, you may not receive reminders or further notice concerning the collection of location information. You may disable collection of your device's approximate geographic location via your device settings. Doing so may negatively impact your ability to use the App.
OFFERS, SWEEPSTAKES, CONTESTS AND OTHER PROMOTIONS
Any promotional Customer Exclusives, giveaways, sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via the App or website(s) will also be governed by a separate set of Additional Terms and by Official Sweepstake Rules (“Official Rules”) that may explain, without limitation, eligibility requirements, such as certain age or geographic area restrictions, Promotional usage restrictions, and disclosures about how your personal information may be used or shared. It is your responsibility to read these Additional Terms to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those Additional Terms, and you agree to comply with and abide by such Additional Terms and the decisions of Company and its representative or the applicable Company of the Promotion.
As part of some Promotions, you may receive a T-Mobile Customer Exclusive offer or discounts, coupons or similar offers or premiums (each offer is a “T-Mobile Customer Exclusive” or “Customer Exclusive”). Through the App or website(s), you may be able to transfer a Customer Exclusive that you have received to a friend or other third party. For example, you might receive a Customer Exclusive coupon redeemable for a free food item from a participating restaurant and you may elect to use certain App or website(s) functionality to transfer the coupon to a friend. Please carefully consider whether you want to transfer any Customer Exclusive that you receive, as transfers are non-revocable. Once you transfer a Customer Exclusive to a third party, you will no longer be able to use that Customer Exclusive yourself. Please also note that transferring a Customer Exclusive may require your use of a Third Party Application, as described below. In addition, Customer Exclusives are only available to T-Mobile customers who are considered to be in “active status” (as determined by Company in its sole discretion). If you have unredeemed Customer Exclusives at the time your account goes from active status to inactive status, you will not be able to access or redeem those Customer Exclusive(s) and they will be lost. Customer Exclusives may include expiration dates after which time such Customer Exclusive may no longer be available for redemption.
You may be asked to provide additional information, including personal information, in order to receive prizes or giveaways. By providing such information, you acknowledge and agree any information provided may be used by Company or its approved vendors (including Prize Logic and The Marketing Store Worldwide) for marketing and prize and Customer Exclusive fulfillment purposes.
VIRAL CONTENT DISTRIBUTION
Company may grant you – but only through express written permission – the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available via forms of digital delivery on the App or website(s) for such purpose ("Viral Distribution"). Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal website; or (c) posting and displaying a copy of Materials on a third party website that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party website does not charge for access to those Materials or associate those Materials with products, services or advertising. If expressly permitted and made available on the App or website(s), you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
You are required to comply with the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising at 16 CFR 255 (available at http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf). These obligations include disclosing in any social media post or communication, or any other communication that you may have received compensation (including rewards and prizes).
THIRD PARTY APPLICATIONS
THIRD PARTY LINKS AND CONTENT
The App and website(s) offer features and services that are available to you via your mobile device. Standard messaging, data and other fees may apply. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Standard data charges and rates may apply for accessing and utilizing prizes, features, Customer Exclusives or rewards through the App or website(s).
SPECIAL TERMS FOR APPLE iOS DEVICES
Notwithstanding any other provision within these Terms, the following subparagraphs are applicable to those using the App on an Apple iOS device (“T-Mobile iOS App”). Apple Inc. and its affiliates are not a sponsor or affiliated with the Game.
Acknowledgement. You acknowledge that this agreement is concluded between you and us only, and not with Apple. Company, not Apple, is solely responsible for the T-Mobile iOS App and the content thereof. You further acknowledge that Company may not be used in any manner inconsistent with the App Store Terms of Service as of the Effective Date.
Scope of License. You are granted a license to use the T-Mobile iOS App on any iOS device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support. We are solely responsible for providing maintenance and support for the T-Mobile iOS App, as specified in these Terms or as required under applicable law. You and Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the T-Mobile iOS App.
Warranty. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of a T-Mobile iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such T-Mobile iOS App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the T-Mobile iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us.
Product Claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to a T-Mobile iOS App or your possession and/or use of the T-Mobile iOS App, including, but not limited to: (a) product-liability claims; (b) any claim that the T-Mobile iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law.
Intellectual Property Rights. In the event of any third-party claim that a T-Mobile iOS App or your possession and use of such T-Mobile iOS App infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third-Party Beneficiary. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
You represent and warrant that: (a) you have the legal right and capacity to enter into these Terms or, if you are a minor (i.e., you are under the age of majority where you reside), your parent or legal guardian has read and agreed to these Terms on your behalf; and (b) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms.
You also agree that you will be responsible for obtaining and maintaining all telephone and other equipment needed for access to and use of the App and website(s) and you will be responsible for all charges related thereto.
OUR DISCLAIMER OF WARRANTIES
THE APP AND WEBSITE(S), INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY, ANY PARTY PARTICIPATING IN THE DESIGN, DEVELOPMENT, ADMINISTRATION OR FULFILLMENT OF ANY PROMOTION (ANY A “PROMOTION PARTNER”), AND THEIR RESPECTIVE EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE APP OR WEBSITE(S); (B) THE MATERIALS; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE APP OR WEBSITE(S); (D) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE APP OR WEBSITE(S); OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM COMPANY OR VIA THE APP OR WEBSITE(S). IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.
THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE APP, WEBSITE(S) OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP OR WEBSITE(S), OR THE SERVERS THAT MAKE SOME OF THE APP OR WEBSITE(S) AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE APP OR WEBSITE(S) IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE. YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE IS AT YOUR SOLE RISK. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE APP OR WEBSITE(S) ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE APP OR WEBSITE(S), YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APP OR WEBSITE(S).
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE APP OR WEBSITE(S); (B) THE MATERIALS; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE APP, WEBSITE(S) OR MATERIALS; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE APP OR WEBSITE(S); (E) ANY ACTION TAKEN IN CONNECTION WITH RIGHTS OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE APP/WEBSITE(S)'S TECHNICAL OPERATION; OR (G) ANY DAMAGE TO ANY DEVICE OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE APP). IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. EXCEPT FOR CERTAIN FEES AND COSTS AVAILABLE TO A PREVAILING PARTY PURSUANT TO THE ARBITRATION PROVISION BELOW, IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE LESSER OF THE AMOUNT WE CHARGED YOU FOR THE TRANSACTION UNDERLYING THE DISPUTE OR TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE APP, WEBSITE(S) OR ANY OTHER APPLICATION, WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE APP OR ANY OTHER APPLICATION, WEBSITE, PROPERTY, PRODUCT, SERVICE OR OTHER MATERIALS OWNED OR CONTROLLED BY THE COMPANY PARTIES.
BY ACCESSING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
TERM AND TERMINATION
Company reserves the right to terminate your access to and use of the App, website(s) or any of their features at any time in its sole discretion, without notice and liability, including, without limitation, if Company believes your conduct fails to conform to these Terms or any Additional Terms. Company also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
Company also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the App or website(s), without limitation, in whole or in part, including the cessation of all activities associated with the App or website(s), with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the App or any part thereof. Company also reserves the right to charge for use of the App, in whole or in part, and to change its fees from time to time in its discretion.
LOCATION AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the App, website(s) and Materials are made available for use in the United States and Puerto Rico. As described above, Promotions may be subject to their own geographic eligibility requirements as set forth in the applicable Additional Terms.
The information provided on the App and website(s) is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Company controls and operates the App from offices located in the United States and makes no representations or warranties that the information, products or services contained on the App or website(s) is appropriate for use or access in other locations. Anyone using or accessing the App or website(s) from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the App, website(s) and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
The App, website(s) and any software related to or made available through the App or website(s) may be subject to United States export controls. Thus, neither the App, website(s) nor any constituent software from the App or website(s) may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the App or website(s), you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree to comply with all rules, laws and regulations that are applicable to your use of the App, including, without limitation, those governing your transmission or use of any software or data.
ARBITRATION; GOVERNING LAW; DISPUTES
You and Company (together the “Parties”) each agree that (except as to Puerto Rico customers) any and all claims or disputes in any way related to or concerning these Terms or the App or website(s) (including participation in any Promotion accessible through the App or website(s)), will be resolved by binding arbitration. This includes any claims or disputes between you and any Promotion Partner (that is, any third-party company that provides free or discounted products or services in connection with T-Mobile Tuesdays) in any way related to or concerning these Terms or the App. The Parties agree that the Promotion Partners are each third-party beneficiaries of this arbitration agreement, and each is entitled to enforce this dispute resolution agreement to the same extent as the Company. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state. Foreign laws (except for Puerto Rico) do not apply. Arbitration or court proceedings must be in: (a) the county and state in which your billing address in our records is located, but not outside the U.S.; or (b) in Puerto Rico if your billing address is in Puerto Rico. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE PARTIES AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us or you and a Promotion Partner that this class-action waiver is unenforceable, the arbitration agreement will be void as to you.
To begin arbitration or other legal proceeding against us, you must serve our registered agent. Our registered agent is Corporation Service Company and can be contacted at 1-866-403-5272. For Puerto Rico customers, our registered agent is The Prentice-Hall Corporation System, Puerto Rico, Inc. and can be contacted at FGR Corporate Services, Inc., Oriental Bank Building, Suite P-1, 254, Muñoz Rivera Avenue, San Juan, Puerto Rico, 00918, phone: 1-800-927-9801. To begin arbitration or other legal proceeding against a Promotion Partner, you must serve the Promotion Partner’s registered agent. Any arbitration of a dispute will be administered by the American Arbitration Association (“AAA”) under its consumer Arbitration Rules in effect at the time the arbitration is commenced. The AAA rules are available at www.adr.org. The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. Upon filing of the arbitration demand, we will pay or reimburse all filing, administration and arbitrator fees. 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, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. PUERTO RICO: We will provide you with a determination regarding any dispute you present to us within 15 days after we receive it. You will have 20 days from the mailing date of the notification to request a reconsideration of our determination. You may appeal our determination to the Telecommunications Board of the Commonwealth of Puerto Rico (“Telecommunications Board”) by filing a petition for review up to 30 days after the date of our determination. Your petition for review shall be made through the filing of a document containing the following information: (a) your name and address; (b) our company name; (c) the pertinent facts; (d) any applicable legal provisions that you are aware of; and (e) the remedy you are requesting. The document may be filed handwritten or typewritten, and must be signed by you. You must send us a copy of your document to the following address: 654 Muñoz Rivera Avenue, Suite 2000, Hato Rey, Puerto Rico 00918, Attn: Customer Care Manager. You must send your petition for review to the Puerto Rico Telecommunications Regulatory Board at the following address: 500 Ave. Roberto H. Todd (Pda. 18 – Santurce), San Juan, Puerto Rico 00907-3941. The Telecommunications Board will review our determination only on appeal. You are advised of the provisions regarding suspension of Service that appear in Law 33 of July 7, 1985, Law 213 of September 12, 1996, and Regulations 8065 promulgated on August 31, 2011, by the Telecommunications Board regarding the procedures for customer’s dispute resolution and suspension of Services.
The failure of Company to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Company’s rights with respect to such breach or any subsequent breaches. No waiver by Company of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Company. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Company may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Company’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Company by virtue of Company having drafted them.
Company will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond Company’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
If you should have any questions or comments, please contact our toll-free customer service phone number: 1-877-453-1304.