PLEASE READ THE FOLLOWING TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE YOU BEGIN USING THE SERVICE. BY CLICKING TO ACCEPT THE TERMS, AND/OR BY USING THE SOFTWARE OR THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE "ACCEPT" BUTTON AND DO NOT USE THE SOFTWARE OR THE SERVICE. YOU AGREE THAT USE OF THE SERVICE SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS.
These Terms serve as an agreement between you and MetroPCS Wireless, Inc and its MyExtras licensors and suppliers ("MetroPCS", "Us" or "We"), which you are accepting online, and which govern your use of MyExtras remote delivery services, which include content, promotions (including coupons, discounts and offers of interest to you), applications, software and updates (the "Services"). The Services are provided by Mobile Posse, Inc., a licensor of MetroPCS and are distributed by MetroPCS. Access to the Services is enabled by proprietary software that is installed on your mobile device (the "Software").
In order to activate or sign up for the Services, you must be legally capable to enter into contracts and comply with these Terms. MetroPCS may refuse any activation or application for registration in their sole discretion. If you sign up for any registration-based services with us, you must provide true, complete, and current information about yourself and keep this information up to date.
You are responsible for all activities under your account. If you obtain log-in credentials from us, you agree to keep these credentials confidential. You must comply with all laws and these Terms. You may not violate the rights of others. You are responsible for obtaining the Software and access to the Service by subscribing through MetroPCS. You must provide, and are responsible for, maintaining an active wireless account and obtaining all mobile devices and other equipment necessary to access the Service. Please check with Us regarding the fees associated with your wireless plan. You agree that you will use the Services solely for your own internal business or personal use and that you will not resell, sublicense or assign the Services to another person or entity. You may not use the Services for any illegal, unauthorized, unintended, unsafe, hazardous or unlawful purposes.
You may not submit, offer links from, share, post or transmit through the service any material, or otherwise engage in any conduct that (a) violates or infringes the copyright, patent, trademark, or proprietary rights of others; (b) is unlawful, threatening, abusive, harassing, defamatory, obscene or derogatory; (c) impersonates any person, business or entity; (d) causes the transmission of harmful viruses or other harmful computer code, (e) attempts any unauthorized use of a computer, device, computer network or carrier network; (f) encourages conduct that would constitute a criminal offense gives rise to civil liability; (g) interferes with the use of the Services by others; or (h) transmits, directly or indirectly, any spam or other form of unsolicited bulk communications. You agree not to use the Services while engaging in hazardous activity, such as, while driving. You agree that we may terminate your Services immediately and such other remedies, whether technical or otherwise, if we believe you are violating this section. By using, posting, submitting, rating or sharing content or materials through the Services, you are giving us permission to use your submission in connection with the Services, including the right to copy, transmit, publicly display and reformat your submissions on the Services.
MetroPCS reserves the right to modify these Terms and/or the Services, and may discontinue or revise any or all aspects of the Terms, the Software and/or the Services at any time. MetroPCS will post a notice of such changes at http://www.metropcs.com/privacy-policy. Any changes shall become part of these Terms and shall apply after such a notice is posted. By continuing to use the Software and the Services after the notice is posted, you are indicating your acceptance of such changes.
Subject to these Terms, MetroPCS grants to you a limited, non-exclusive, non-transferable, personal right during the Subscription Term (defined below) to use the Services and Software on your mobile device solely for the purpose of accessing and using the Service. You may download and install one copy of any Software only on those devices that you directly own or lease. You may access the Services only through the Software, interfaces and protocols provided or authorized by MetroPCS.The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth in these Terms. The laws of the United States and other countries prohibit the export or re-export of content, products, services and technology to certain countries and persons. You agree to comply with these laws and regulations at your own expense. You assume sole responsibility for any unauthorized exportation.
These Terms do not constitute a sale of the Software or Services. An express condition of these Terms is that MetroPCS' licensor retains all worldwide ownership of and rights, title and interest in and to the Software and Services and any materials provided through the Services, including without limitation, all copyrights, moral rights, trademark rights, trade secret rights and other proprietary rights therein and thereto, regardless of the form or media in or on which the Software and the Service, or copies may exist. MetroPCS and its licensor reserves all rights not expressly granted to you. Except as otherwise expressly authorized in these Terms, you may not modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works from the Software or Services. You agree to use the Software and the Services in a manner consistent with any and all applicable laws and regulations and you agree that MetroPCS or its licensor shall have no duty to and shall not investigate your use of the Software and the Services or your right to use the Software and the Services. You agree to indemnify MetroPCS and its licensor against any claims that your use of the Software and/or the Services violates the rights of any third party or any applicable laws and/or regulations of any jurisdictions.
Unless otherwise provided in a separate subscription agreement, either you or MetroPCS may terminate your account or Services at any time and for any reason. You may terminate your account and Services by uninstalling the Software on your device or by closing your accounts following the instructions provided with the applicable Service. For purposes of clarity, MetroPCS or its licensor may also terminate your access and Services at any time if they have reason to believe you are in violation of these Terms. If you elect to terminate your Services, it may take MetroPCS up to three (3) business days to process any cancelation.
In the event MetroPCS offers any products or services for a fee, you agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchase. When you make a purchase, you must provide a payment method. You must be authorized to use the payment method. You authorize MetroPCS or its partners to charge you for any purchases you make from us using your payment method and for any paid feature of the service for which you choose to sign up or use. Prices and availability of any products or services are subject to change at any time.
You understand and agree that the Services include providing advertisements, coupons, content and other promotions ("Promotions") that will accompany the Services delivered to you. Certain Promotions may be customized based on your location. Your use of the Promotions, or your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that MetroPCS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers through the Service.
The Services may provide, or third parties may provide, links to other websites or resources. Because MetroPCS does not have complete control over such sites and resources, you acknowledge and agree that MetroPCS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MetroPCS or its licensor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
If you believe that your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please report possible copyright infringement to email@example.com.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE, THE SERVICES, AND THE PROMOTIONS IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.WE MAKE NO WARRANTY THAT (i) THE SOFTWARE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH PROMOTIONS PROVIDED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE OR THE SERVICES WILL BE CORRECTED, (vi) OR THAT THE SOFTWARE, THE SERVICE, AND THE SERVERS ON WHICH THE SERVICE IS DELIVERED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PROMOTIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR OTHER EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. PROMOTIONS CREATED BY THIRD PARTIES THAT YOU MAY ACCESS THROUGH THE SERVICE ARE NOT ADOPTED OR ENDORSED BY METROPCS AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT METROPCS NOR ANY DIRECT OR INDIRECT SUPPLIER OR LICENSOR (INCLUDING WITHOUT LIMITTION, MOBILE POSSE, INC.) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE OR THE SERVICES; (ii) THE USE OR INABILITY TO USE YOUR MOBILE DEVICE AS A RESULT OF THE OPERATION OF THE SOFTWARE OR THE SERVICES; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR USE OF THE SOFTWARE OR THE SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) PROMOTIONS PROVIDED THROUGH THE SERVICES; OR (vi) ANY OTHER MATTER RELATING TO THE SOFTWARE OR THE SERVICES. METROPCS AND ITS SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY MISUSE OF SERVICES BY YOU WHILE DRIVING OR ENGAGING IN OTHER HAZARDOUS ACTIVITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless MetroPCS and their owners, employees, representatives, suppliers, licensors and agents from all liabilities, claims, and expenses -- including attorney's fees -- that arise from your use or misuse of the Services.
You understand and agree that MetroPCS transacts with its users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided us, or by posting a notice on the appropriate site. You may withdraw your consent for electronic notices by discontinuing your use of the Services.
These Terms are governed by the laws of the State of Texas, except for its conflict of law provisions. You acknowledge that you have read these Terms, understand them and agree to be bound by them. You also agree that these Terms are the complete and exclusive statement of agreement between the parties and supersede all proposals or prior or contemporaneous oral or written agreements and any other communications between the parties relating to the subject matter of these Terms. No waiver of any right under these Terms shall be deemed effective unless contained in writing and signed by a duly authorized representative of MetroPCS, and no waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms. If any provision in this Agreement is invalid or unenforceable, that provision shall be reformed to the maximum extent allowed by law to reflect the same economic effect as the invalid or unenforceable provision, and the other provisions of these Terms shall remain in full force and effect. The section headings appearing in this Agreement are for the convenience of the parties and do not define or limit the scope or intent of such sections. All communications and notices given pursuant to these Terms will be in the English language.