AGREEMENT AND ACCEPTANCE OF THESE TERMS
THE SITE AND ITS SERVICES ARE OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS. BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THIS SITE.
ACCESS TO THE SITE
Access to the Site is permitted on a temporary basis, and the Company reserves the right, at its sole discretion, to withdraw or amend the services provided on the Site without notice. The Company will not be liable if, for any reason, the Site is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Site, or the entire Site, to users who have registered with the Company.
USE OF SERVICES
When you sign up to receive text messages, message frequency may vary. Reply HELP to help, STOP to stop. Message and data rates may apply.
T-Mobile® is not liable for delayed or undelivered messages.
To discontinue receiving SMS messages from the Site, text STOP to 39814.
NO MEDICAL ADVICE
The Site does not provide medical advice, and the Company is not engaged in rendering medical or similar professional services or advice. If you need medical advice, you should promptly consult a physician or professional healthcare provider. Access to the Site from territories where the content of the Site may be illegal or inappropriate is prohibited.
INTELLECTUAL PROPERTY RIGHTS
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors and may not be used without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
We take these prohibitions seriously and may take action to enforce them, including, without limitation, terminating your access to the Site and blocking your internet protocol (IP) address. We reserve the right to take appropriate legal action, including, without limitation, filing civil suit and referring the matter to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third-parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
LINKING TO THIS SITE
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We reserve the right to disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THIS SITE
CHANGES TO THIS SITE
We reserve the right to update the content on this Site from time to time. We make no representation that any content is complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THIS SITE
We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
No website or computer program is 100% safe. YOU HEREBY ACKNOWLEDGE AND AGREE that we cannot and do not provide a guarantee or warranty that files available for download from the internet or the Site will be free of viruses or other destructive code. YOU ACKNOWLEDGE AND AGREE that it is your responsibility to implement sufficient procedures and checkpoints to meet your specific requirements for anti-virus protection and accuracy of data input and output. Additionally, it is your responsibility to maintain a means external to our Site for any reconstruction of any lost data.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL NOT BE HELD LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR ANY OTHER PROPRIETARY MATERIAL RESULTING FROM YOUR USE OF THE SITE, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR FROM DOWNLOADING ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. Some jurisdictions may not permit the exclusions of implied warranties. Therefore, the above disclaimer may not apply to you. Research your local laws to determine the applicability of this section to you.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, ITS CONTENT, OR ANY SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES IN ANY AMOUNT THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT.
The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or company was advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
YOU USE AND RELY UPON THE SITE, ITS CONTENT, AND SERVICES AT YOUR OWN RISK.
The limitation of liability described above shall apply fully to residents of new jersey. If any portion of this section is held to be invalid under the laws of the state of new jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.
THE COMPANY IS NOT RESPONSIBLE FOR ANY INTERRUPTIONS OR DELAYS TO ITS SITE, ITS CONTENT, OR SERVICES CAUSED BY FORCE MAJEURE OR OTHER EVENTS OUTSIDE OF ITS CONTROL. THESE EVENTS INCLUDE, BUT ARE NOT LIMITED TO, WAR, FIRE, FLOOD, EXTREME WEATHER, ACCIDENTS, EXPLOSIONS, ACTS OF TERRORISM, GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS OR PRIORITIES, STRIKES, LOCKOUTS OR OTHER LABOR TROUBLES OR DISRUPTIONS, CYBER EVENTS, CIVIL DISORDER, NATURAL DISASTERS (INCLUDING, WITHOUT LIMITATION, FIRES, FLOODS, EARTHQUAKES, AND SEVERE WEATHER), PUBLIC HEALTH EPIDEMICS, DESTRUCTION OF NETWORK FACILITIES OR TRANSPORTATION INFRASTRUCTURE, OR ANY OTHER CAUSE BEYOND THE ABSOLUTE CONTROL OF THE COMPANY FOR THE DURATION OF AN INTERRUPTION.
GOVERNING LAW, JURISDICTION, AND ARBITRATION
The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in the County of New Castle, Delaware, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and the Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that the Company and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The parties agree that any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as amended by this Agreement. The AAA Consumer Arbitration Rules: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by either party that an in-person hearing is appropriate. Any in-person appearances shall be held at a location that is reasonably convenient to both parties, with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the AAA or the arbitrator shall make such determination. The arbitrator's decision shall follow the terms of this Agreement and shall be final and binding. The arbitrator shall have the authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement shall preclude either party from bringing issues to the attention of federal, state or local agencies, and, if the law allows, seeking relief against the other party.
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
We will never ask you for credit card or other financial information via email. Please do not include credit card or other sensitive financial information in your emails to us.