T-Mobile MDA, User Manual

Page: 63 / 76

Section 1, page 59
15. Credit or Debit Card. If we agreed you may pay for charges with a credit or debit
card (“Card”), we will charge the Card, when we bill for the charges, for all amounts
or other obligations incurred before cancellation. You also authorize us to charge
your Card at or after cancellation to pay what you owe at or after cancellation (such
as payment of any cancellation fee). If you have not authorized charges to be made
to a Card or if for any reason your Card issuer does not pay us, you must pay us
on or before the due date, or we may suspend or cancel your Service without prior
notice.
16. Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN LIMITED WARRANTY
THAT MAY BE PROVIDED, ALL SERVICES, UNITS AND OTHER SERVICES ARE
PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT,
OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY
DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE
SERVICE, UNIT OR OTHER SERVICES. WE DO NOT AUTHORIZE ANYONE TO
MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY
ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS
OR OTHER DOCUMENTS, OR BY ANY OF OUR DEALERS (EXCEPT FOR ANY
WRITTEN LIMITED WARRANTY THAT MAY BE PROVIDED), ARE PROVIDED FOR
INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY US OF ANY
KIND. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS,
SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES (“T-MOBILE AFFILIATES”)
DO NOT WARRANT THAT THE INFORMATION, SOFTWARE, PRODUCTS,
PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE OR UNIT
WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL,
OR ERROR OR BUG FREE. THE SERVICE IS NOT INTENDED TO PROVIDE TAX,
LEGAL, INVESTING OR OTHER ADVICE. IF YOU RECEIVED A WRITTEN “T-MOBILE
LIMITED WARRANTY” WITH YOUR UNIT, IT IS THE ONLY WARRANTY MADE BY US
WITH RESPECT TO THE UNIT. SOME STATES DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU
IN WHOLE OR IN PART.
17. Limitation of Liability. We are not liable for any defi ciency in performance caused
in whole or in part by act or omission of an underlying carrier or service provider,
website, messaging community, dealer, equipment or facility failure, Unit failure or
unavailability, discontinuation of Service, Other Services or Units, network problems,
lack of coverage or network capacity, equipment or facility upgrade or modifi cation,
delay or failure of number portability, acts of God, strikes, fi re, terrorism, war, riot,
emergency, government actions, equipment or facility shortage or relocation, or