JUMP! Terms & Conditions Updates

THE JUMP PROGRAM IS GOVERNED BY THE TERMS AND CONDITIONS SET FORTH HEREIN. T-MOBILE USA, INC., WITH OFFICES AT 12920 SE 38th ST, BELLEVUE, WA. 98006 (“TMUS”), IS ENTERING INTO A BINDING AGREEMENT WITH “YOU”, THE PARTICIPATING SUBSCRIBER. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS FOR PARTICIPATING IN JUMP. IF YOU PARTICIPATE IN THE JUMP PROGRAM, YOU AGREE TO THE TERMS AND CONDITIONS OUTLINED ON THIS PAGE (THE “AGREEMENT”).

1. Program Description (Generally). The JUMP program is a premium upgrade program for T-Mobile USA, Inc. (T-Mobile Puerto Rico LLC if you are a Puerto Rico or United States Virgin Islands (“USVI”) customer) (collectively “T-Mobile”) customers who
   1. have purchased a T-Mobile wireless device authorized to be used on T- Mobile’s network (“Device”) with an Equipment Installment Plan Agreement with T-Mobile or its assignee Creditor (“Equipment Installment Plan (EIP) Agreement”); and
   2. purchase a new Device, under an EIP Agreement from a participating T-Mobile store (“T-Mobile Upgrade”). When You trade in Your Eligible Device for a T-Mobile Upgrade, the device will be remitted to T-Mobile or its assignee Creditor, subject to this Agreement, an amount equal to the current outstanding balance due on the EIP Agreement associated with the Eligible Device (“JUMP Program”).  The JUMP program applies only to Eligible Devices.  If your Device is determined by TMUS not to be an “Eligible Device,” You will remain responsible for the current outstanding balance due on the EIP Agreement associated with Your Device.
2. Representations. By enrolling in the JUMP Program You represent and warrant that You:
   1. are over the age of eighteen (18) (21 years old or legally emancipated if you are a Puerto Rico customer) and are free to enter into this Agreement;
   2. lawfully own the Eligible Device;
   3. understand that when You trade in Your Eligible Device for the JUMP benefit, You surrender ownership rights to the Eligible Device and TMUS is under no obligation to return the Eligible Device to You; and
   4. agree to provide TMUS with the information necessary to remit to T-Mobile or its assignee Creditor the amount equal to the current outstanding balance due on the EIP Agreement relevant to the Eligible Device.
3. Applicability. This Agreement is supplemental to and separate from any service agreement(s) or other terms and conditions You have with T-Mobile including, but not limited to, Your wireless Services Agreement, T-Mobile Terms and Conditions, and the EIP Agreement (collectively the “T-Mobile Agreements”) and Your device protection terms and conditions    and certificate of insurance (collectively “Program Terms”). To the extent that these Terms and Conditions conflict with any other provision of any other terms and conditions of the T-Mobile Agreements, the provision(s) in the T-Mobile Agreements shall apply.
4. In order to be eligible to receive benefits under the JUMP Program, You must satisfy the following eligibility requirements.
   1. Program Eligibility. You must have (i) an eligible wireless service plan, (ii) have purchased an Eligible Device from T-Mobile under an EIP Agreement, (iii) be enrolled in the JUMP Program no later than thirty (30) days from purchase date of the Eligible Device or at such other times as may be identified, and You must also be current and in good standing with Your (i) Program Terms; and (ii) T-Mobile Agreements.
   2. Device Eligibility. The Eligible Device must (i) match the IMEI identified on the EIP Agreement, or at TMUS’s discretion any replacements provided by T-Mobile, the manufacturer, or by the administrator in accordance with the Program Terms; and (ii) power on and have its hardware and software operating in a manner consistent with the original Manufacturer’s specifications, and neither have a cracked screen nor water damage (“Good Working Order”) as determined by TMUS in its reasonable discretion (“Eligible Device”). You must also have paid at least 50% of Your Device cost for the Eligible Device.
5. Program Term. The JUMP Program is a month-to-month program and Your right to receive benefits afforded under JUMP is contingent upon Your continued Program Eligibility. Your participation in the JUMP Program is continuous until cancelled pursuant to Section XI.
6. Requesting Program Benefits. You may request Your JUMP benefits in a manner that T-Mobile makes available to you, which may change from time to time. These may include: a) going to a participating T-Mobile location; b) calling T-Mobile Care at 1-800-937-8997 and telling the representative You wish to upgrade under the JUMP Program; or c) upgrading via the T-Mobile website at http://www.t-mobile.com. Web upgrades are not available for Puerto Rico and USVI customers. You must then trade-in Your Eligible Device via one of the available channels pursuant to the process.
7. Trade-In and Evaluation Process. To trade in Your Eligible Device under the JUMP Program, You must surrender the Eligible Device and its battery to TMUS via one of the available channels, which may include In- Store, Self-Ship or others as identified by T-Mobile from time to time. If In-Store or Self-Ship options are available, You must surrender the Eligible Device as follows:
   • In-Store: If You conduct Your T-Mobile Upgrade at a participating T-Mobile store and an authorized T-Mobile representative determines that Your Eligible Device is in Good Working Order, You will turn over Your Eligible Device to T-Mobile. TMUS will then remit to T-Mobile an amount equal to the outstanding balance due for the Eligible Device under the EIP Agreement at the time T-Mobile approves its condition for credit to Your T-Mobile account. If the T-Mobile representative reasonably determines that the Eligible Device is not in Good Working Order, You may file a claim for a replacement Device under the Program Terms. If the claim is approved and You have paid the applicable deductible amount, the participating T-Mobile store is able to perform the Upgrade.
   • Self-Ship: If You conduct Your T-Mobile Upgrade at a participating            T-Mobile Store and decide either to turn in Your Eligible Device at a later  time, or process Your trade-in over the phone, or process Your trade-in online (the online trade-in option is not available for Puerto Rico and USVI customers), You must ship Your Eligible Device to TMUS per the directions provided to You. Your Eligible Device must be properly shipped to avoid damage during transit; TMUS may make adjustments to the trade- in value based upon evaluation of quality and condition upon receipt. Subject to the terms in this Agreement, TMUS will remit to T-Mobile or its Assignee Creditor an amount equal to the outstanding balance due under the EIP Agreement for Your Eligible Device at the time it is received and approved by TMUS. You will receive a T-Mobile bill credit for the trade-in value within three (3) billing cycles.
   • If You ship a Device that matches the IMEI on Your EIP Agreement directly to TMUS for trade-in under the JUMP Program, but TMUS finds that it is not in Good Working Order, the Device will not be considered an Eligible Device and You will remain responsible for the current outstanding balance due on the EIP Agreement associated with such Device. We will contact You and assist You with filing a claim for  a replacement Device under the Program Terms. If the claim is approved and You have paid the applicable deductible, you will receive a T-Mobile bill credit to pay the outstanding balance due under the EIP agreement.
   • If You ship a Device to TMUS and the IMEI does not match the one identified on Your EIP Agreement, it is not an Eligible Device, shipping it to TMUS will not entitle You to any JUMP Program benefits. You will remain responsible for the current outstanding balance due on the EIP Agreement associated with such Device. 
   • Your shipment of such Device to TMUS constitutes Your agreement to T-Mobile’s Trade-In Program (“Trade-In”) Terms and Conditions. Please review the Trade-In Terms and Conditions at https://www.t-mobile.com/support/terms.pdf for details.
8. Benefit Limit for New York Residents. If Your coverage under the Program Terms terminates, Your JUMP enrollment ends, and You will lose any unused JUMP benefits. Any JUMP benefits available to You must be used prior to receiving a replacement Device on the second approved claim for the Eligible Device during a 12-month period. Review Program Terms for details. You may re-enroll in JUMP when You become eligible again as set out in Section IV.
9. Your Obligation to Protect Your Private and Personal Information. It is Your sole responsibility to protect or secure any information on Your Device. You are responsible for removing data and personal information, which includes, but is not limited to, SIM cards, memory cards, passwords, contacts, emails, pictures or calendars. Consult Your Users Guide to learn how to erase or remove such information. You may keep Your removable memory card. You are also obligated to reset Your Device to factory settings and disable any passwords or locking features such as Find My iPhone. If you fail to do so, it will not be eligible for trade-in under the JUMP program.
10. Transferability and Availability. This Agreement is non-transferable. The JUMP Program is available only in the United States, Puerto Rico and the USVI, excluding Guam.
11. Cancellation. You may cancel the JUMP Program at any time for any reason by mailing a request for cancellation or calling 1-800-937-8997). If You cancel Your wireless service with T-Mobile for any reason, including nonpayment or if T-Mobile cancels Your wireless service, this constitutes cancellation of Your participation in the JUMP Program.
    If You or TMUS cancel Your enrollment in the JUMP Program for any reason, You are no longer eligible for JUMP Program benefits or coverage under the Program Terms and may not re-enroll the same Eligible Device at a later date. Revoew Your Program Terms for details.
    TMUS has the right to cancel Your JUMP Program benefits for cause, including, without limitation, in case of fraud or misrepresentation in any way by You, substantial breach of duties by You, or failure to maintain Your T-Mobile Agreements in good standing.
    Your participation in the JUMP Program is subject to our business policies, practices, and procedures, which We can change without notice. TMUS reserves the right to modify or terminate this Agreement or to cancel Your participation in the JUMP Program at any time, at Our sole discretion. If We (i) materially change the JUMP Program or a term in this Agreement in a manner that is materially adverse to You or (ii) terminate the JUMP Program, We will do so upon notice. In the event the JUMP Program is cancelled or terminated or if these terms and conditions are not satisfied, You will remain responsible for the current outstanding balance due on the EIP Agreement associated with Your Device. No refunds will be provided. Cancellation or termination will be effective even if You do not use the JUMP benefit.
12. Waiver of Liability. IN NO EVENT SHALL TMUS OR T-MOBILE      OR THEIR RESPECTIVE AGENTS, AFFILIATES, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES arising out of, from, or related to Your participation in the JUMP Program regardless of the form of action (including, but not limited to, negligence) and regardless as to whether TMUS or T-Mobile has been advised of the possibility of any such loss or damage. In the event a court of competent jurisdiction finds this Section unenforceable, You agree that the extent of TMUS’s or T-Mobile’s liability shall be no more than One Hundred Dollars ($100.00).
13. Indemnity. You agree to indemnify and hold TMUS and T-Mobile and their respective parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due, connected to, or arising out of Your breach of this Agreement, Your acts or omissions, or Your violation of any law or the rights of any third party.
14. Dispute Resolution and Arbitration. YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR PRIVACY NOTICE, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our suppliers, dealers, authorized retailers, or third-party vendors) whenever you also assert claims against us in the same proceeding. You and we each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
15. For Puerto Rico customers, references to "small claims court" should be understood to mean the Puerto Rico Telecommunications Bureau (“TRB”) for matters within the jurisdiction of said agency. Revoew OTHER TERMS REGARDING DISPUTE RESOLUTION for details on the billing dispute process in Puerto Rico.
    Notwithstanding, 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 EARLIER OF THE DATE YOU PURCHASED A DEVICE FROM US OR THE DATE YOU ACTIVATED A NEW LINE OF SERVICE (the “Opt Out Deadline”). You must opt out by the Opt Out Deadline for each line of Service. 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 will be required to 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 to the address provided in the “How Do We Notify Each Other” Section. 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 a good faith effort to resolve your claim directly with us during that time.
    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 (review the “How Do We Notify Each Other” section) and to the American Arbitration Association (“AAA”). The arbitration of all disputes will be administered by the 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 at www.adr.org. 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 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.
16. Notice. You expressly consent to be contacted, for any and all purposes, at any telephone number, or physical or electronic address You provide at the time of Your JUMP enrollment. All notices or requests pertaining to these terms and conditions will be in writing and may be sent by any reasonable means including; e.g., by mail, email, facsimile, text message or recognized commercial overnight courier. Notices to You are considered delivered when sent to Your Device or by email or fax number You provided, or three (3) days after mailing to Your billing address.
17. Waiver; Severability. The failure of any party to require performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these terms and conditions will be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity will not render these terms and conditions unenforceable or invalid as a whole and in such event, such provisions will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.