T-Mobile MDA, User Manual

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Section 1, page 51
T-MOBILE TERMS AND CONDITIONS
Welcome to T-Mobile. BY ACTIVATING OR USING OUR SERVICE YOU AGREE TO
BE BOUND BY THE AGREEMENT. Please carefully read these Terms and Conditions
(“T&C’s”) as they describe your Service and affect your legal rights. IF YOU DON’T
AGREE WITH THESE T&C’S, DO NOT USE THE SERVICE OR YOUR UNIT. See Sec.
2 regarding your acceptance of these T&C’s and Sec. 6 for our Handset Return and
Cancellation policy.
This is your agreement with T-Mobile USA, Inc and its affi liates (together “T-Mobile,”
“we” or “us”) for: (a) communication and related services (“Service”), (b) the purchase
or use of smart cards or radio or any other equipment purchased or obtained from
us, including replacement equipment, for use with the Service (“Unit”) and (c) for
other purchases or services (provided by us or third parties) billed to your account
(“Other Services”). The Agreement begins when: (1) you sign or electronically accept
the Agreement, (2) you activate or use the Service, or (3) are deemed to accept the
Agreement (see Sec. 2), whichever happens fi rst.
1. Agreements Governing Use. These T&C’s, your Service Agreement (if any), your
rate plan information and the terms and conditions for use of any other T-Mobile
service (together, the “Agreement”), govern the use of the Service, your Unit and
Other Services. These T&C’s supersede all earlier versions and impose an EARLY
CANCELLATION FEE (see Sec. 5) and require MANDATORY ARBITRATION
OF DISPUTES (see Sec. 3). If these T&C’s confl ict with the T-Mobile Terms
and Conditions you receive with your Unit, these T&C’s apply. Your electronic
acceptance of the Agreement or your acceptance by use or activation of Service
is the same as signing the Agreement and you agree that electronic images of the
Agreement will be considered originals. You acknowledge that no employee, dealer
or other agent is authorized to make any representation or warranty (other than as
described in the Agreement or our current materials) with respect to the Agreement,
Service, Unit, rate plans and offerings or Other Services, or to waive or modify any
terms or provisions of the Agreement.
2. Acceptance of Agreement. You must activate Service within 30 days after
purchase of your Unit (unless returned as provided in Sec. 6). If you don’t activate
within 30 days, you cannot return your Unit for a refund, you are deemed to accept
the Agreement, and you agree to pay monthly Service charges according to your
rate plan.
3. Mandatory Arbitration; Dispute Resolution. YOU WILL FIRST NEGOTIATE WITH
US IN GOOD FAITH TO SETTLE ANY CLAIM OR DISPUTE BETWEEN YOU AND
US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OR OUR
PROVISION TO YOU OF GOODS, SERVICES, OR UNITS (“CLAIM”). YOU MUST