T-Mobile MDA, Руководство пользователя

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Section 1, page 62
date deposited in the U.S. Mail to your address in our billing records. We may also
contact you or send you notice electronically through your Unit or 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 defi ned 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
specifi ed 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 refl ect 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 fi nal 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