Please read these Terms and Conditions (“T&Cs”), which contain important information about the TVision video services (each a “Video Service”) and any TVision app (“TVision App(s)”) or equipment (“Equipment”, together with Video Service and TVision App(s), the “Services”)provided to you (“you” or “your”) by T-Mobile USA, Inc. and any of its controlled subsidiaries, assignees, and agents (“TVision,” “our,” or “us”). These T&Cs apply solely to your TVision services. They do not apply to any other products or services that you subscribe to or receive from T-Mobile USA or any affiliate or other related company, including the TVision Home product. Section 2 of these T&Cs include information about your rights in any dispute with us, including binding, mandatory arbitration of disputes between us, instead of class actions or jury trials. These T&Cs, and any applicable promotional terms presented separately and agreed to by you (“Promotional Terms”), are an agreement between you and us. You will be bound by these provisions once you accept these T&Cs.
Our Services, including transaction and subscription-based services, are designed to be accessed and used only by those subscribers authorized by us to receive one or more Services after registering with us and creating an account (“Account”) to receive an assortment of Content made available by us to such purchasers (each, an “Authorized User”). We may offer limited access to Content without requiring you to create an Account. You must be a T-Mobile USA wireless subscriber to become an Authorized User. The TVision App may be installed on any compatible device that you own or that is in your possession and control and you will use the download only to run the TVision App on a device that you own or control, and only as authorized by these T&Cs. Not all devices are compatible with TVision Service.
Changes to these T&Cs. We may change, limit, or terminate your Services or these T&Cs at any time, including if you engage in any of the prohibited uses described below or no longer reside in a serviceable area. You may view the most current version at: https://www.t-mobile.com/responsibility/legal/tvision-mobile-terms-and-conditions. If the change to your Service or T&Cs will have a material and adverse impact on you (excluding programing changes), we will provide 14 days’ notice of the change. You will agree to any change by using your Service after the effective date of the change.
SECTION 1: ACCEPTANCE OF TERMS AND CONDITIONS
A. Acceptance. When you accept, you're telling us that you are of legal age (which means you are either legally emancipated, or have reached the age of majority as defined in your jurisdiction) and that you are able to enter into a contract or, if you are not, that you have obtained parental or guardian consent to do so. You accept these T&Cs by doing any of the following things: (1) giving us a written or electronic signature or confirmation or telling us orally that you accept; or (2) activating, using, downloading, or paying for the Services. If you don’t want to accept these T&Cs, don’t do any of these things.
All use of the Services, whether or not authorized by you, shall be deemed for your use. You are responsible for ensuring that all use of the Services comply with these T&Cs. Our Services are not intended to be used by children under the age of thirteen (13) without involvement and approval of a parent or other legal guardian. In addition to these T&Cs, your Agreement with us also includes the terms governing your service plan, and provisions linked to from these T&Cs. Sections marked “*” continue after termination of our Agreement with you.
B. Private and Personal Use Only. Our Services, all features and functionalities associated therewith, and all content (including, but not limited to, transaction and subscription video, audio, data, interactive, programming, advertising, and other content), broadcast or viewed through our Services (together as, “Content”), are solely for private, personal, non-commercial use, and not for use in the operation of a business, organization, or service bureau, for any public viewing or performance, or for-profit or for the benefit of any person or entity other than the Authorized Users within a single household, or any guest invited by you. Except as expressly permitted by applicable law or as authorized by these T&Cs, You agree not to reproduce, duplicate, copy, create derivative works of, archive, sell, transfer, trade, distribute, resell, sublicense or exploit for any commercial purposes any portion of the Services or Content, use of the Services or Content, or access to the Services or Content. You also agree not to circumvent, remove, alter, reverse engineer, deactivate, degrade, thwart, or otherwise interfere with any of our Services. You agree that if you receive or view the Services or Content in areas open to the public or in commercial establishments you will do so only for your private, personal and non-commercial use. You agree not to rebroadcast or perform the Services or Content in any manner, regardless if you charge admission or not for listening to or viewing the Service or Content. You agree to use and access our Services and any Content thereon in accordance with all applicable law.
C. *Term. The term of these T&Cs is month-to-month (the “Term”). You are responsible for all Charges incurred through the end of your service term.
*SECTION 2: DISPUTE RESOLUTION, ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
A. Disputes. By accepting these T&Cs, you are agreeing to resolve any dispute with us through binding arbitration (unless you opt out) or small claims dispute procedures, and to waive your rights to a jury trial and/or participate in a class action suit. For additional terms and conditions governing a dispute between us, including how to dispute Charges assessed to you on your bill, choice of law, disclaimers of certain warranties, limitations of liabilities, and your indemnification obligations, see Sections 11, 12, 13, and 14 below.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE YOU PURCHASED SERVICE FROM US (the “Opt Out Deadline”). You may opt out of these arbitration procedures by calling 1-866-323-4405 or online at www.T-Mobiledisputeresolution.com. Any opt out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
For any and all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim (“Dispute Notice”) to the address provided in Section 8. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made good faith effort to resolve your claim directly with us during that time.
C. Arbitration Procedures and Forum. If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent (see Section 8 below) and to the American Arbitration Association (“AAA”). The arbitration of all disputes will be administered by AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with our agreement in these T&Cs, in which case these T&Cs will govern. The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator will be bound by the terms and conditions of these T&Cs. The arbitration of all disputes will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is commenced. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint, as arbitrator, the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. Upon filing of the arbitration demand, we will pay or reimburse all filing, administration, and arbitrator fees. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek attorneys’ fees in arbitration even if permitted under applicable law.
D. Class Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action. If you opt out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
E. Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
SECTION 3: OUR SERVICES
A. Our Services. Our Services include your access to and use of: (i) any and all software, technology and other intellectual property rights (including all functionality and data contained therein) (e.g., adaptive streaming and third-party platform authentication) owned or operated by us (regardless whether available for download directly or indirectly from us) (e.g., applications that are hosted or downloaded, accessories, tools, features and/or functionality related to and/or made available by us); (ii) websites owned, operated or otherwise controlled by, or on behalf of us; (iii) any and all Content accessible by you through each of the Services; and (iv) any and all other products and/or services accessed, provided, used or otherwise made available to you by us related to TVision , including to enhance past or then-current Services. The Service does not include voice telephony or other personal communication services or any internet services. You are permitted to use the TVision App(s) only to request and view the Services and Content that we provide for this purpose and that you are entitled to access, and you may not circumvent or otherwise interfere with any authentication or access restrictions that we have implemented with respect to the TVision App(s), Services or Content. The number of simultaneous streams of Content that you can access may vary by Account and may require device and account verification. We may change the number of simultaneous streams of Content at our sole discretion.
B. Disruption of Service. We are not liable for any failure or interruption of program transmissions or Service. We are not liable for any interruption or degradation of Service arising from your interference, modification or tampering with the TVision App(s), Equipment or Equipment connections.
C. Programming Content and Restrictions; Packaging of Services. We may change, limit, suspend or terminate your Service or these T&Cs at any time, including if you engage in any of the prohibited uses described in Section 3.C. below We may also permanently or temporarily, add, delete, rearrange, alter, interrupt, change, reassign, remove, and/or eliminate all or any portion of our packages of Services, the Content and services accessible therein or by means of Equipment or TVision App(s) as well as the prices and fees related thereto (“Changes”). Certain Services may be “blacked out” in your viewing area (e.g., sporting events and/or other content for which we or you do not have the rights to access); if you attempt to, or circumvent any of these “blackouts,” you may be subject to legal action brought by us or third parties. Not all Services and Content may be suitable for all viewers, and users of the Service may have access to content that may be sexually explicit, obscene, offensive, or otherwise unsuitable or objectionable, especially for children under the age of eighteen (18). It is your sole responsibility to impose any viewing restrictions you determine are appropriate to limit viewing and access to potentially objectionable material, and you agree to supervise usage of the Service. YOU AGREE THAT WE ARE NOT RESPONSIBLE TO YOU OR ANYONE ELSE VIEWING CONTENT OR INFORMATION PROVIDED ON, OR ACCESSED THROUGH, THE SERVICE FOR ANY CONTENT THAT YOU OR OTHERS MAY DEEM TO BE OBJECTIONABLE FOR ANY REASON, AND YOU WAIVE ANY CLAIMS AGAINST US FOR ANY INJURY OR HARM RELATING TO SUCH CONTENT OR THE VIEWING OF PROGRAMMING. YOU FURTHER UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE CONTENT, INFORMATION OR MATERIALS ACCESSIBLE VIA THE INTERNET THROUGH USE OF THE SERVICE. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PURCHASES OR OTHER TRANSACTIONS MADE THROUGH, USING, OR IN CONNECTION WITH THE SERVICE, INCLUDING ANY ON DEMAND PURCHASES.
D. Service Monitoring. We have no obligation to monitor content or Services accessible by means of the Equipment; however, we have the right to monitor content electronically from time to time and to disclose any information necessary to satisfy any law or regulation, to operate our programming and data information services properly, or to protect us or other subscribers. We have the right to determine in our sole discretion what constitutes an "appropriate" or "non-commercial use" of our systems or Service.
E. Additional Features, Functionality and Tools. In order to access and use our Services, you must have a broadband, wireless or similar internet connection, and you will need to obtain such internet connection (including sufficient levels and required equipment related thereto) from an internet or similar wireless service provider at your sole cost and expense (“Connectivity”), including sufficient capacity and the TVision App, in order to access and use the Services, certain service features, functionality and tools, and third-party content or services accessible by means of the TVision App(s) or Equipment. We are not responsible for your Connectivity (or the amount of data consumed by you in connection with your use of our Services). Any additional service features, functionality and tools we may offer may be further subject to additional specific T&Cs and subject to charges, change or removal at any time by us.
F. Device and Stream Limitations. The TVision App may be installed on any compatible device that you own or that is in your possession and control. You will use the “download only” to run the TVision App on a device that you own or control, and only as authorized by these T&Cs. Not all devices are compatible with the TVision App. We may limit the number of devices that can be associated with an Account and such limitation of devices may change with respect to any Service at any given time.
G. The number of simultaneous streams of Content that you can access may vary by Account, location, Video Service, and may require device and account verification. Where relevant to the Service(s) you are subscribed to, your home location may be used to apply any in-home or out-of-home concurrent stream limitations. On a Service-by-Service basis, we may change, in our sole discretion, the number of simultaneous streams available.
H. Geographical Limitations. Each Service is intended only for access by individuals physically located in the United States. You do not have the right to access any Service from any other location than the United States or through proxy servers located in any other location. We will block your access to any Service(s) if, based on our reasonable assessment, we have determined that you are located outside of the United States. On some devices, you can control your location settings. However, if you disable our ability to collect your location information, certain Content may become unavailable. Also, you may not simultaneously access Content via TV-connected devices using IP address(es) that map to a physical location outside of your home IP address or home zip code. You must ensure that your Account information remains accurate and current (for example, if you move) to avoid any interruption of your access to any of your Service(s).
I. DVR. The TVision Live Video Service includes the ability to record Content to your cloud DVR storage (“Cloud DVR Functionality”). You may also purchase Cloud DVR Functionality for other Service(s) available (such as for the TVision Vibe Video Service). TVision Live, TVision Vibe and TVision Channels are three separate Video Services. Cloud DVR Functionality is subject to storage limits for DVR recordings may apply. If your subscription to any of our Services is cancelled or suspended, you may lose access to previously made recordings, even if you later re-start a subscription to any of such Service(s). We do not guarantee that (1) you will have access to recorded programs; (2) such recording will be without failures, interruptions or errors; or (3) all devices will allow for access or viewing of your cloud DVR recordings. We may terminate the Cloud DVR Functionality at any time, with respect to any or all Service(s), even if your Account has not been suspended or cancelled.
A. Parental Control. You agree that, by using our Services, you and/or other users you authorize to access the TVision Mobile application may be exposed to materials or content that may be offensive, sexually explicit or objectionable. Parental control features may be available by accessing your account to block certain programming and/or filter certain content. We make no representation or warranty regarding the effectiveness of such parental control features. We are not liable in any way for any claims, losses, actions, suits, proceedings, or any damages relating to any programming content provided with the Services.
C. Location Information. We collect precise location information (i.e. latitude and longitude) when you use the Service, which enables us to show sports, news, and other Content that is relevant to the area you are located. We may also use your device’s precise geolocation to provide location relevant advertisement and for troubleshooting and product improvement.
Not all devices have location settings you can control. However,if you disable our ability to collect your information, certain Content may be unavailable based on geographic restrictions on content delivery.
SECTION 5: AUTHORIZED USER, ACCOUNT USE, AND RESPONSIBILITIES
A. Account; Login Credentials. Prior to accessing certain Services, you may be required to register with us for an Account by creating login credentials, including a user name and password (“Login Credentials”). If you are the person in whose name the Account is used to access our Services, and whose payment method is charged, you are the “Primary Account Holder.” As the Primary Account Holder, you may exercise access and control over your Account through your use and protection of your password. You may designate others to manage or make changes to your account (“Authorized Users”). You are responsible for any and all actions, omissions, or other activities related to your Account, including any Authorized Users you permit to be linked to your Account (if any, and only to the extent, permitted by us). You and any Authorized Users on your Account will have access to all Account information. If an Authorized User makes changes to your Account, those changes will be binding on you and any additional charges incurred will be your responsibility. We take no responsibility for changes made to your Account by any Authorized User. If you believe your Account has been accessed by anyone other than you or any Authorized Users, or otherwise without permission or in any unauthorized manner, then you must contact us immediately at 844-529-3738. You are responsible for updating and maintaining the truth and accuracy of your Account information (e.g., current billing information for Subscription Services (as defined below)).
B. Assumption of Risk. There is a risk that people other than you or your Authorized Users may attempt to access your Account and any information contained therein, such as through the Internet or connected networks. This risk is inherent to the shared nature of the Services and you agree to take full responsibility for taking adequate security precautions and safeguarding your data.
SECTION 6: TRANSACTIONAL & SUBSCRIPTION SERVICES; PROMOTIONS AND OTHER PACKAGES
A. Transactional Services. Certain Services may be made available by us without requiring any commitment from you to pay any fees or other amounts (collectively, “Transactional Services”). Your access to, and use of, any Transactional Services are governed by these T&Cs. You must comply with these T&Cs in connection with the Account used solely to access our Services, regardless of whether you ever provide payment information for any other paid Transactional Services. You may be required to provide a payment method and necessary billing information in order to receive certain other Transactional Services (e.g., certain paid “a la carte” video on demand rentals or pay per view offerings). Any and all users that create an Account will continue to receive our Services UNLESS YOU CONTACT US TO PERMANENTLY CANCEL AND DELETE INFORMATION RELATED TO YOUR ACCOUNT BY CALLING CUSTOMER SERVICE AT 844-529-3738, or we permanently cancel your Account and Subscription Services (as defined below) for any purpose (e.g., in accordance with our standard information retention and destruction processes following inactivity of your Account for over a year).
B. Subscription Services. Certain elements of our Services may be made available solely in connection with your agreement to purchase a subscription to such Services for a set period (e.g., monthly or yearly subscription term) (collectively, “Subscription Services”). Regardless of the Subscription Services period, following the completion of any such subscription period, your Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless they are cancelled or changed by you or us in accordance with these T&Cs.
C. Subscription Services. We may offer different Subscription Services, including special promotional packages, each governed by supplemental Promotional Terms provided at the time of your first access or use of such Services. We reserve the right to modify, terminate, or otherwise amend the Subscription Services offered by us, and the contents of the packages and levels thereof.
D. Minimum Requirements. We reserve the right to require and/or change minimum programming package requirements in our sole discretion. For example, we may require you to subscribe to a minimum level or package of our Services in order to view certain content or obtain access to purchase additional levels or packages of Subscription Services.
E. Promotional Offers. You may accept a promotional offer for a certain package of Services that later becomes unavailable. Promotional offers do not automatically renew and may not be available at the end of, or during, the applicable promotional period. Following the completion of any such promotion, the Subscription Services will automatically renew on a month-to-month basis at the then-current standard rates for monthly access to the same Subscription Services, unless they are cancelled or changed by you or us, in accordance with these T&Cs.
F. Only One Promotion per Account. Promotional offers may not be combined with other promotional offers associated with your Account, unless otherwise expressly permitted in the applicable Promotional Terms. We reserve the right, in our sole discretion, to determine your eligibility for any promotional offer. We reserve the right to change, amend and alter then current promotional offers or Promotional Terms as well as institute new promotional offers in our sole discretion. We do not guarantee that any promotional offers are or will be available to you at all, or in connection with any Services desired by you.
G. Cancellation Policies. You may terminate the Services at any time by calling us. Upon termination of Services you will receive a prorated refund. You are responsible for all Charges incurred through the end of your subscription period. Installation or setup fees paid at the initiation of the Service, if any, are not refundable. We may, at our sole discretion, refuse to accept your subsequent request for Service following a termination or suspension of your use of the Service. Any cancellation may require at least 48 hours before becoming effective following our receipt of your request. If your Service is terminated for any reason, you may be required to pay a reconnection fee or additional deposit before the Service is reactivated.
SECTION 7: BILLING
A. *Charges and Fees. You agree to pay all Charges we assess and bill you that were authorized by you or other users on your Account. Charges are billed to your T-Mobile wireless service account, and/or to the credit or debit card you registered with your Account. We cannot accept gift cards or pre-paid debit cards as forms of payment for the Charges. We may, from time to time, change the amount of or basis for determining any fees or charges, and/or institute new fees, surcharges, or other charges as determined by us (e.g., surcharges imposed for transmission of programming content in certain jurisdictions). Prior notice of these changes will be provided to you and continued use of our Service after receipt of this notice will constitute your authorization for these new charges. The amount billed each month may vary for reasons that may include differing amounts due to promotional offers, changes to your Service, authorization of one-time programming charges (e.g., “pay-per-view”) and changes in taxes and fees. You agree to pay, and authorize us to bill for, all taxes, fees, and other charges, if any, that are now or may in the future be assessed in connection with any of our Services you access or use. You agree to provide us with accurate and complete billing and tax related information and to report all changes within 30 days of the change.
B. Late Fees. We may charge a late fee up to the highest amount allowed by law. We may also charge a returned payment at the highest amount permissible by law. If you fail to pay on time, you authorize us to apply any applicable interest and late fees for any amounts unpaid, and we may suspend or terminate your Account for failure to timely pay any amounts, maintain up-to-date payment method information within your Account, or if your Account is otherwise not in good standing. You and we each agree that if you fail to timely pay amounts due, we may assign your account for collection, and we will assess a collection fee and it will be due at the time of the referral to the third-party. The fee will be calculated as a percentage of the amount due to the extent permitted, or not otherwise prohibited, by applicable law. The collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or costs of collection permitted by law or this Agreement. If we accept late or partial payments, you must still pay us the full amount you owe, including late fees. We will not honor limiting notations you make on or with your checks. Late payment, non-payment or collection agency fees are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.
C. Credit Checks. We do check credit for many of our products and services. We may get information about your credit history from credit-reporting agencies, which may affect your credit rating. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
D. Taxes. You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes to these charges. To determine taxes and fees, we use the street address you identified for your Service address (“Place of Primary Use” or “PPU”), unless the tax laws require use of a different address in which case we utilize the best information available to us to determine the correct address. If you did not identify the correct PPU, or if you provided an address, such as a PO Box, that is not a recognized street address, does not allow us to identify the applicable taxing jurisdiction(s) or does not reflect the Service area associated with your Service address, you may be assigned a default location for tax purposes. Except as may be otherwise required by law, in the event you dispute your PPU or the location we assigned you and the resulting taxes or fees applied on your bill, you must request a refund of the disputed tax or fee within 60 days of the date of our bill containing such tax or fee.
E. Registration of Credit or Debit Card. You may be required to register a valid credit or debit card to process payments of the associated fees to access certain elements of our Services (e.g. video-on-demand rentals or pay per view offerings). When you register a credit or debit card for your Account, you authorize us to place a pending charge to your credit or debit card to verify its validity and your billing address. Pending charges are temporary and will not be converted into an actual charge to you, however, while pending, they will reduce the available amount of credit on your credit card or funds available to your debit card. You are responsible for any and all fees charged to your credit or debit card by the issuer, bank, or financial institution, including fees for subscription, any overdraft or other insufficient funds, or for exceeding any applicable credit limit. The credit or debit card that you registered with your Account will be charged for each relevant transaction without having to reenter your credit or debit card information, and you authorize us to charge your cards until successful for all delinquent amounts you owe us. You agree that the issuer of any credit or debit card you registered with your Account will accept these T&Cs as your authorization and pay all amounts in connection with use of your Account without TVision submitting a signed receipt.
F. Update Credit or Debit Card. You are responsible for maintaining and updating the credit or debit card information and will provide us with updated credit or debit card information upon our request. Without limiting the applicability of any other provisions of these T&Cs, you agree that we will have no liability for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. If you mistakenly provide a debit card number, instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
G. Billing Cycle. You authorize us to bill in advance for fees for all Subscription Services and Transactional Services. For Subscription Services, we bill you each month on the calendar day corresponding to the date on which you first commenced payment for Subscription Services. Account fees for Subscription Services and Transactional Services are fully earned upon payment. If your Subscription Service began on a day not contained in a given month, then we may bill you on a day in the applicable month or such other day as we deem appropriate (e.g., if you are regularly billed on the 31st, then we may bill you on the 28th or 30th of the calendar months that do not have 31 days). We reserve the right to change the timing of our billing as necessary. We may authorize your payment method in anticipation of Account or service-related charges. As used in these T&Cs, “billing” indicates a charge, debit, or other payment clearance, as applicable, against your registered credit or debit card information. For the purposes of this paragraph, “month” or “monthly” refers to your billing cycle.
H. No Returns, Credits or Refunds. Our Services are non-refundable and no refunds or other compensation will be given for unused Services. Your T-Mobile wireless service with the TVision feature or your TVision Service account balance, if sufficient, gives you access to our Service for the Term; you must use your Service during this time. If you do not have T-Mobile wireless service, Service will be suspended if, at the end of the Term, we are unable to process your credit or debit card for the Charges you incurred. Monthly plan features are available for 30 days, however, depending on the time of day that you activate your Service or that your Service expires, your service cycle may not equal 30 full 24-hour days. Your monthly plan will automatically renew at the end of 30 days so long as your T-Mobile wireless service remains active or if you do not have T-Mobile wireless service, your credit or debit card allows us to process the Charges you incurred. The Charges for Service and the amount of time that Service is available following activation of your Service account balance may vary; see your T-Mobile wireless service rate plan or Service Plan for more details. We reserve the right to evaluate or elect to provide credits, refunds, price adjustments or other discount, compensation or recompense, in our sole discretion; provided that any such elections to offer any such credits, refund, price adjustment or other discount, compensation or recompense in one instance does not entitle you to the same or any such benefit in the future for similar or unrelated instances, nor does it create any obligation for us to offer such benefit to you or any other user in connection with any past, present, or future request under any circumstance. Any amounts refunded in the form of bill credits, cash payments or any other form will be inclusive of all applicable taxes, fees and surcharges that were originally paid on such amounts. Credit amounts that do not represent a refund of, or a discount to, the price paid for any good or service will not result in the refund of any tax, fee, or surcharge previously paid.
I. Payment Processing. If you do not have T-Mobile wireless service, you authorize us to use outside payment processing agencies or other companies for purposes of paying any refund owed to you, and you further authorize us to sell, assign or otherwise transfer its refund rights and obligations under these T&Cs to outside payment processing agencies or other companies. You agree that we or the outside payment processing agency or other company that is responsible for your refund may determine in our or, if applicable, their sole and absolute discretion the form of any refund that we issue to you under these T&Cs, and such form may include a credit on your next statement, a check, or a prepaid debit card that may be subject to monthly service fees that are deducted from the amount of the refund.
J. Restarting your Services. If your Service is disconnected, suspended, limited, or terminated, and then reinstated, you may be charged a reactivation fee. We are not obligated to reconnect your access to any of our Services. If your Services are disconnected you may no longer be eligible to receive any remaining credits or promotional pricing that you would have been eligible to receive had your Services, or any of our other Services, not been disconnected, suspended, limited, or terminated. Unless required by applicable law, deposits will not be held segregated from other funds and will not earn or accrue interest.
K. Maximum Video on Demand; Pay Per View Amount. For the Service, nonrecurring and usage based charges generally billed at the time of purchase or use include, but are not limited to, transactions such as video on demand rentals and pay per view. Premium subscription services are billed at the time the services are added to your account. A downgrade fee may apply if you make changes to your Service within thirty (30) days of Service provisioning or later programming orders.
L. *Charge Disputes. If you have any questions about your bill or want to dispute any Charges, please contact us by visiting www.tvision.com, by calling 877-773-1563 or by writing to TVision Customer Relations, P.O. Box 37380, Albuquerque, NM 87176-7380. If this does not fix things, please notify us in writing. Failure to timely notify us of any dispute will constitute your acceptance and authorization of the corresponding billed amounts. Unless otherwise provided by law, you must notify us in writing of any dispute regarding your bill or Charges to your account within 60 days after the date you first receive the disputed bill or Charge. If you don’t, you may not pursue a claim in arbitration or in court. If you accept a credit, refund, or other compensation or benefit to resolve a disputed bill or Charge, you agree that the issue is fully and finally resolved and we will be released from any and all liability regarding said dispute. Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved.
M. Suspension/Termination. While your Services are suspended for any reason stated in the T&Cs, any applicable promotional offers may be discontinued and revoked. You may be charged a fee to restore your Service from suspension. In addition to any other grounds for termination or suspension contained in the T&Cs, we may immediately terminate or suspend all or a portion of your Service or suspend Service, without notice, for conduct that we believe (a) is illegal, fraudulent, harassing, abusive, or intended to intimidate or threaten; (b) constitutes a violation of any law, regulation, or tariff (including, without limitation, copyright and intellectual property laws); or (c) is a violation of these T&Cs, or any applicable policies or guidelines, and we may refer such use to law enforcement authorities without notice to you. Termination or suspension by us of the Services also constitutes termination or suspension (as applicable) of your license to use any Software, if applicable.
N. No Paper Bill. Failure to receive a bill, including a paper bill does not release you from your payment obligation.
*SECTION 8: CUSTOMER SUPPORT SERVICES AND RELATED COMMUNICATIONS
A. *Consent to be Contacted. T-Mobile and its affiliates, media providers, device providers, business partners, or other service providers or licensors (collectively, “Contributors”) related to your Account and Services may contact you on any telephone number assigned to your account for any purpose, including marketing, and in any manner permitted by law. You expressly consent to be contacted by us, and anyone contacting you on our behalf, for any purpose, including billing, collection, or other account or service-related purpose, at any telephone number or physical or electronic address where you may be reached, including any wireless telephone number. You agree that T-Mobile, and anyone contacting you on our behalf, may communicate with you in any manner, including using a pre-recorded or artificial voice, using an automatic telephone dialing system to place calls or send messages or alerts, or using an automatic e-mail system to deliver email messages. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any Authorized Users and other users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account. If you no longer want to receive certain non-transactional communications via email or telephone, please contact Customer Service at 844-529-3738, or click on the “Unsubscribe” link contained in any email.
SECTION 9: INTELLECTUAL PROPERTY
A. End-User License Agreement. The Services use and include certain software and/or firmware (the “Software”) that we may provide to you at no charge or for a fee. You may only use the Software in connection with the Services and for no other purposes. Some Software resides on the Your use of the Software, including any downloaded or installed Software, may be accompanied by one or more End User License Agreements (“EULA”); your use of the Service is governed by the terms of that EULA and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes an EULA unless your first agree to the terms of the EULA. With regard to any Software (including Software upgrades, changes, or supplements) which is not accompanied by a EULA, we, or our applicable third-party licensors, grant you a limited, personal, nontransferable, and nonexclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third-party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or structure, sequence and organization of, sell, assign, sublicense, distribute, publish, display, disclose, rent, lease, grant a security interest in, or otherwise transfer any right in the Software. You acknowledge that this license is not a sale of intellectual property and that we or our third-party licensors, providers, or suppliers continue to own all right, title, and interest to the Software and related documentation. Your license to use the Software will remain in effect until terminated by us or our third-party licensor, or until your Service is terminated. Upon termination of your Service, you must cease all use of the Software. The Software is protected by the copyright laws of the United States and international copyright treaties. BY USING ANY OF OUR SERVICES AND/OR EQUIPMENT, YOU ACKNOWLEDGE AND AGREE TO OUR EULA AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF OUR WEBSITES, APPS, AND OTHER SOFTWARE AND TECHNOLOGIES, INCLUDING RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS SET FORTH IN OUR EULA, THEN DO NOT USE ANY OF OUR SERVICES.
B. Export Limits. You will comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and will not export, or allow the export or re-export of the Software. By downloading or using the Software, you agree to the foregoing.
C. Non-TVision Software, Services or Applications. Your use of the Services may also include access to and use of software, services and/or applications which are provided by non-TVision third parties, and, when applicable, those third parties terms and conditions apply to your access to and use of such non-TVision software, services and/or applications. We are not liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any such software, services, and/or applications accessed through, or in conjunction with, the
D. Notice About Automatic Software Upgrades. We, or our applicable third-party licensors may provide Software upgrades, updates, or supplements (such as, but not limited to, adding or removing features or updating security components). You agree that we, or our applicable third-party licensor, have the unrestricted right, but not the obligation, to upgrade, update, or supplement the Software on the Equipment at any time. Although unlikely, Software upgrades, updates, or supplements could reset your Equipment and erase saved preferences and stored
E. Intellectual Property. All portions of the Services, Equipment, Content, and any firmware or Software used to provide the Services or provided to you in conjunction with providing the Services, or embedded in the Equipment, and all Services, Content, information, documents, and materials on related website(s) are the property of us, or third-party providers, and are protected by trademark, copyright, patent, or other intellectual property laws and international treaty provisions. All trademarks, trade names, logos, trade dress, domain names and other source identifiers (collectively “Marks”) of T-Mobile USA, Inc., TVision, or third-party providers are and shall remain the exclusive property of T-Mobile USA, Inc., TVision, or third-party providers, and nothing in this Agreement shall grant you the right or license to use such Marks.
F. Warning Against Piracy and Infringement. Receiving any portion of the Services or Content without payingor them, , and/or any direct or indirect act or attempted act to engage or assist in any unauthorized interception, reception, display, or other transmission or access of any portion of our Services, is a violation of various U.S. federal and state laws and of these T&Cs. The penalties for violating applicable laws can include imprisonment and civil damage awards of up to $110,000 per violation. Section 605(e)4 of Title 47 of the United States Code makes it a federal crime to modify your device or our Services to receive encrypted (scrambled) television programming without payment of required subscriptions (e.g., Subscription Services). Conviction can result in a fine of up to $500,000 and imprisonment for five years, or both. Any person who procures any hardware or Software that has been so modified is an accessory to that offense and may be punished in the same manner. Investigative authority for violations of this type lies with the Federal Bureau of Investigation.
G. Digital Millennium Copyright Act (DMCA). If you believe that any material residing on our system or network infringes your copyright, notify our Designated Agent by using the Digital Millennium Copyright Act (DMCA) notice procedure described at www.t-mobile.com/responsibility/legal/copyright (https://es.t-mobile.com/responsibility/legal/copyright for the Spanish website). Our Designated Agent is Copyright Agent, 12920 S.E. 38th Street, Bellevue, WA 98006; email@example.com; phone: 844-644-4508. There are substantial penalties for sending false notices. It is our policy, in appropriate circumstances and in our sole judgment, to suspend or terminate the Service of any subscriber, account holder, or user who is deemed to be a repeat or blatant infringer of copyrights.
SECTION 10: DISCLAIMER OF WARRANTIES
B. NEITHER TVISION NOR ANY OTHER CONTRIBUTOR MAKES ANY WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR REASONABLE SATISFACTION; (ii) THE SERVICE WILL ALLOW YOU TO COPY, RECORD, VIEW, SKIP, OR TRANSFER ANY PARTICULAR CONTENT, MEDIA, PROGRAMMING, OR PART THEREOF, OR PROVIDE OR CONTINUE TO PROVIDE ANY OTHER PARTICULAR FUNCTIONALITY; (iii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iv) INFORMATION RELATED TO YOUR ACCOUNT OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (v) THE VARIETY, QUANTITY, OR QUALITY OF ANY CONTENT, MEDIA, PRODUCTS, SERVICES, ACCESSORIES, INFORMATION, OR OTHER MATERIAL RENTED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, OR ANY ERRORS IN THE SERVICE WILL BE
C. WE MAY RECOMMEND CERTAIN LEVELS OF CONNECTION FOR USE WITH CERTAIN OF OUR SERVICES; HOWEVER, WE WILL NOT HAVE RESPONSIBILITY FOR YOUR CONNECTIVITY AND WE DO NOT WARRANT OR GUARANTEE THE AVAILABILITY OR PERFORMANCE OF ANY CONNECTIVITY. CERTAIN OF OUR SERVICES MAY REQUIRE THE USE OF ADDITIONAL DATA, AND ANY INCREASED COSTS, FEES, OR OTHER AMOUNTS DUE TO BE PAID BY YOU AS A RESULT OF ANY INCREASE IN USAGE (E.G., USAGE OF DATA) IN CONNECTION WITH THE SERVICES WILL BE YOUR SOLE
D. WE HEREBY DISCLAIM ANY OBLIGATION TO REPLACE OR SUPPLEMENT ANY SERVICES, PACKAGE OF SERVICES, OR PORTION OF ANY SERVICE(S) THAT WE CHANGE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT, OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY AMOUNT PAID BY YOU TO RECEIVE REPLACEMENT, SUPPLEMENTAL OR ALTERNATE SERVICES, PACKAGES OF SERVICES AND/OR PORTION OF SERVICES AS A RESULT OF ANY CHANGE.
E. ANY MEDIA, SOFTWARE, OR OTHER MATERIAL OR CONTENT OBTAINED THROUGH USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TELEVISION, RECEIVER, DEVICE OR OTHER HARDWARE, OR LOSS OF DATA THAT RESULTS FROM OBTAINING OF ANY SUCH MEDIA, SOFTWARE OR OTHER MATERIAL OR CONTENT. NEITHER WE NOR ANY OF OUR AFFILIATES ASSUMES ANY RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, CORRUPT, OR OTHERWISE HARM ANY OF YOUR PROPERTY OR THE PROPERTY OF ANY THIRD-PARTY, INCLUDING YOUR SOFTWARE, DEVICE OR OTHER HARDWARE.
F. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE OTHER CONTRIBUTORS, OR VIA YOUR ACCOUNT OR USE OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs.
*SECTION 11: LIMITATION OF LIABILITY
A. Indirect Damages. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN IF WE OR ANY OF SUCH OTHER CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM, OR OTHERWISE RESULTING FROM: (i) USE OF ANY OF OUR SERVICES OR EQUIPMENT; (ii) ACTIONS, OMISSIONS, AND OTHER ACTIVITY UNDER YOUR ACCOUNT (INCLUDING USE NOT AUTHORIZED BY US); (iii) THE PERFORMANCE OR NON-PERFORMANCE OF OUR SERVICES OR EQUIPMENT; OR (iv) THE INSTALLATION, MAINTENANCE, REMOVAL, OR TECHNICAL SUPPORT OF OUR SERVICES OR EQUIPMENT, EVEN IF SUCH DAMAGES RESULT FROM THE NEGLIGENCE OF US OR OUR AFFILIATES.
B. Force Majeure. NEITHER WE NOR ANY OTHER CONTRIBUTORS WILL BE LIABLE TO YOU FOR ANY FAILURE TO PERFORM THAT IS CAUSED BY OR OTHERWISE RESULTS FROM ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SERVER, INTERNET, SATELLITE OR UPLINK FAILURE, ACTS OF ANY GOVERNMENTAL BODY, OR ANY OTHER CAUSE BEYOND OUR REASONABLE
C. Limitation of Service Liability. IN ADDITION TO ANY OTHER LIMITATIONS SET FORTH IN THESE T&Cs, NEITHER WE NOR THE OTHER CONTRIBUTORS, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE, DISABLING AND/OR REMOVAL IN OR OF ANY SERVICES OR EQUIPMENTOR FOR ANY ASSOCIATED DELAY.
D. Limitation of Direct Damages. EXCEPT AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THIS SECTION 11, THE MAXIMUM AGGREGATE LIABILITY OF TVISION FOR ANY AND ALL CLAIMS UNDER OR RELATING TO: (i) EACH ACCOUNT, INCLUDING ALL AUTHORIZED USERS ; OR (ii) YOU ONLY, IF YOU ARE NOT AN AUTHORIZED USER UNDER ANY ACCOUNT, IS LIMITED TO AN AMOUNT EQUAL TO THE AGGREGATE OF THE FEES THAT WERE PAID BY YOU UNDER THESE T&Cs DURING THE SIX (6) MONTHS BEFORE THE APPLICABLE CLAIM, OR IF DURING THE FIRST SIX (6) MONTHS OF ANY ACCESS OR USAGE TERM, THEN THE FIXED FEES TO BE PAID BY YOU UNDER SUCH T&Cs DURING THE FIRST SIX (6) MONTHS OF SUCH USAGE TERM.
E. Applicability. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT ONLY TO THE MINIMUM EXTENT SUCH LIMITATIONS ARE EXPRESSLY DISALLOWED UNDER THE APPLICABLE LAW(S).
*SECTION 12: INDEMNIFICATION
You agree to defend, indemnify, and hold us and our directors, officers, and employees harmless from any claims arising out of access to or use of our Services, breach of these T&Cs, or violation of any laws or regulations or the rights of any third-party by you, any person on your account, or any person you allow to use the Services or your Equipment.
*SECTION 13: MISCELLANEOUS
B. *Entire Agreement. These T&Cs, including those terms hyperlinked and incorporated herein, constitute the entire agreement between you and us regarding the rights you have with respect to your Services, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representative or other agents. If you are an existing User of any websites, products or other services provided by our affiliates, then your agreement to these T&Cs is independent of, and without modification to, any such other agreement and will not amend, modify or otherwise affect any such relationship governed thereby.
C. *Choice of Law. These T&Cs are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state or jurisdiction in which your billing address in our records is located, without regard to the conflicts of laws rules of that state or jurisdiction. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state or jurisdiction in which your billing address in our records is located, but not outside the U.S.
D. *Assignment. You can't assign or transfer your Agreement to these T&Cs or any of your rights or duties under it without our written consent. We may assign or transfer all or part of this agreement, or your debts to us, without notice. You understand that the assignment or transfer of all or any part of this agreement or your debt will not change or relieve your obligations under these T&Cs.
E. *No Waiver; Severability Remedies Cumulative. If we don't enforce our rights under these T&Cs in one instance, that doesn't mean we won't or can't enforce those rights in any other instance. If any part of these T&Cs is held invalid that part may be severed from the T&Cs. The rights and remedies provided under these T&Cs to us in case of your breach of these T&Cs are cumulative and without prejudice to any other rights and remedies that we or you may have at law, in equity, under contract (including under these T&Cs) or otherwise, all of which are hereby expressly
F. No Modification. You may not modify these T&Cs by making any typed, handwritten, or any other changes for any
G. No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these T&Cs, there are no third-party beneficiaries to your agreement to these T&Cs.
H. Headings. The section titles and paragraph headings in these T&Cs are for convenience only and have no legal or contractual effect. Any and all examples or references to “include,” “includes” or “including” set forth in these T&Cs are by way of example only and will be interpreted as non-limiting. Any reference in these T&Cs to the singular form of a word will include the plural form of the word, if applicable, and any reference to the plural will include the singular, if applicable. In addition, the term “days” when used in these T&Cs, unless specified as a ‘business day’ means a calendar day. For the purposes of these T&Cs a ‘business day’ means a weekday (other than a Saturday or a Sunday), excluding any national (United States) holiday.