T-Mobile Terms And Conditions - HP iPAQ h6315 User Manual

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 affiliates (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 first.
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 conflict 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
SEND A WRITTEN DESCRIPTION OF YOUR CLAIM TO OUR REGISTERED AGENT (See Sec. 22). IF YOU DO
NOT REACH AGREEMENT WITH US WITHIN 30 DAYS, INSTEAD OF SUING IN COURT, YOU AGREE THAT
ANY CLAIM MUST BE SUBMITTED TO FINAL, BINDING ARBITRATION WITH THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") UNDER ITS PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES, WHICH ARE A
PART OF THE AGREEMENT BY THIS REFERENCE AND ARE AVAILABLE BY CALLING THE AAA AT 800-778-
7879 OR VISITING ITS WEB SITE AT www.adr.org. You must serve our registered agent (See Sec. 22) with a
notice of an arbitration in order to begin an arbitration. This agreement to arbitrate extends to claims that you
assert against other parties, including without limit equipment manufacturers and dealers, if you also assert
claims against us in the same proceeding. The Agreement involves interstate commerce and despite the
choice of law provision in Sec. 25, the Federal Arbitration Act and federal arbitration law govern arbitrations
under the Agreement. An arbitrator may only award as much relief as a court having jurisdiction in the place of
arbitration, limited to the same extent that a court would limit such relief and consistent with the provisions of
the Agreement. An arbitrator may order injunctive or declaratory relief (so long as that injunctive or declaratory
relief does not apply beyond your dealings with us) or summary judgment under applicable law. AAA has a fee
schedule for arbitrations. You will pay your share of the arbitrator's fees except: (a) for claims less than $25,
we will pay all arbitrator's fees and (b) for claims between $25 and $1000, you will pay $25 for the arbitrator's
fee. You and we agree to pay our own other fees, costs and expenses including those for counsel, experts, and
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