Section 1, page 62
otherwise, such as by e-mail, voicemail or text messaging, which is considered given and received immediately
upon transmission. Written notice to us shall be considered given when received by our registered agent,
Corporation Services Company (“CSC”).
23. Digital Millennium Copyright Act (“DMCA”) Notice. In operating Service, We may act as a “services
provider” (as defined by DMCA) and offer services as online provider of materials and links to third party
sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or
otherwise made available using the Service. If you believe any material available via the Service infringes a
copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will
respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the
procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer
who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address
infringement notices under the DMCA is CSC, 1010 Union Ave. SE, Olympia, WA 98501.
24. Severability. All terms and conditions of these T&C’s are independent of each other. If any provision of
these T&C’s is held to be inapplicable or unenforceable, including without limit any terms or provisions in Secs.
3, 16 or 17, then (a) that term or provision shall be construed, as nearly as possible, to reflect the intentions of
the parties with the other terms or provisions remaining in full force and effect, (b) the T&C’s will not fail their
essential purpose and (c) the balance of the T&C’s remain unaffected and in full force and effect, unless our
obligations are materially impaired, in which event we have the right to terminate the Agreement.
25. Governing Law; Venue and Statute of Limitations. Except as stated in Sec. 3, the Agreement, its validity,
construction and performance, is governed by applicable federal law and the laws of the state associated with
your Number or your address in our records. Foreign laws do not apply. Arbitration proceedings or any actions
to enforce an arbitration award must be in the state where your Service is principally provided, but not outside
the U.S. Except as otherwise stated in the Agreement, and unless prohibited by law, a claim or dispute must be
brought within 1 year from the date the cause of action arises.
26. Entire Agreement. The Agreement represents the final and entire agreement between you and us regarding
the Service, the Unit and Other Services. Except as otherwise stated in the Agreement, no change to the
Agreement will be valid unless we accept it in writing. If we don’t enforce our rights under any of the provisions
of the Agreement, it does not waive or reduce our right to require strict compliance in the future.
27. Signing Authority; Authorized User. You represent that you may legally enter into the Agreement, have
received a copy of the Agreement and have read and clearly understand its terms. If activating on behalf
of a corporation or other entity, you represent that you have full authority to bind that entity and if not agree
to accept personal liability for the account. You are responsible for all charges incurred by any person you
authorize to access your account, or allow to use your Unit, the Service or Other Services.
28. Survival. The following provisions, and any other provisions that may reasonably be construed as surviving,
and the rights and obligations of the parties, shall survive termination of the Agreement for any reason: Sec.
3, 5, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31 and the terms and conditions
related to your use of other T-Mobile services.
29. Local Number Portability. For additional information about local number portability, please visit www.
t-mobile.com or contact Customer Care at (800) 937-8997 or 611 from your T-Mobile phone. When available,
you may be able to transfer your local phone number within the same local geographic area to or from another
provider with whom we have a porting relationship as follows:
Bringing Your Number to Us. You may contact us to request a transfer of your number with another provider to a
new or existing account with us. All activation requirements and charges, including, without limit, credit approval,
apply. You remain liable for charges (including cancellation fees) you incurred with your former provider. If a
transfer is unsuccessful and the request is cancelled, and you do not ask us to assign you a new number, you must
return any Unit purchased from us in accordance with our Handset Return and Cancellation Policy in Sec. 6.
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