T-Mobile Home Internet Community

Privacy | Sweepstakes Rules | Contact Moderator |

You have been selected to join the T-Mobile Home Internet Community. The forum allows you and other authorized users who have been invited to participate in the forum (collectively, “Members”) to communicate with T-Mobile about the T-Mobile’s products and Forums through an online social networking Forum. The terms and conditions in this Agreement apply to your participation in the Forum. (“T-Mobile Home Internet Community.”). In addition to the T-Mobile Home Internet Community. Terms, your participation in the Forum is also governed by T-Mobile’s General Terms and Conditions of Forum (“Ts&Cs”), https://www.t-mobile.com/responsibility/legal/terms-and-conditions, and T-Mobile’s Privacy Policy, https://www.t-mobile.com/privacy-center/our-practices/privacy-policy as well as any other documents or materials that we provide or refer you to as described in the Ts&Cs (collectively, “Agreement”). By participating in the Forum, you are agreeing to or accepting T-Mobile Home Internet Community. Terms and you acknowledge that you have read and understand this Agreement and agree to its terms.

Capitalized terms used and not defined in these T-Mobile Home Internet Community. Terms are used as defined in the Ts&Cs.

T-Mobile may modify T-Mobile Home Internet Community, the T-Mobile Home Internet Community terms, and the Ts&Cs at any time in its sole discretion. When and how T-Mobile will provide you notice of these changes is contained in the Ts&Cs or will otherwise be communicated to you. Your continued participation on the Forum following any change will constitute your acceptance of and agreement to be bound by the modified Agreement. If you do not agree with the modifications, your sole and exclusive remedy is to stop participating on the Forum.

1. Mandatory Arbitration. As detailed in the Ts&Cs, you and T-Mobile agree to a mandatory arbitration provision that provides that (except for matters properly brought to small claims court) any claim, controversy, or dispute of any kind between you and T-mobile must be resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis.

2. Consent to Electronic and Email Communications. You agree to electronic invoice delivery via email, confirm your ability to access your invoice online, and understand that you can change electronic delivery at any time. You also agree that you will promptly provide T-Mobile with an updated email address if it changes. T-Mobile may use the email address that you provide to communicate with you about the T-Mobile Backup Forums. T-Mobile may also use your email to tell you about T-Mobile products and Forums unless you have asked not to receive marketing emails from T-Mobile.

3. Member Registration. To become a Member of the Forum, you must provide specific registration information, including your e-mail address, phone number, and physical address, and create a user profile that includes your personal preferences. T-Mobile will use your e-mail address to send you reminders of upcoming activities and sessions on the Forum. If you do not wish to receive e-mail correspondence, you need to log into the Forum and change your e-mail options on the Preferences page in the My Profile section. As part of the registration process, you will select a user name and password for your account (“Account”). You may not (a) select or use a user name of another person with the intent to impersonate that person; (b) use a name subject to the rights of any other person without authorization; or (c) use a user name that T-Mobile, in its sole discretion, deems inappropriate or offensive. You agree to (x) provide true, accurate, current and complete information as prompted by the registration process (collectively, the “Registration Data”) and (y) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You will maintain a valid email address at all times.

4. Term; Termination. This Agreement, and any revisions to this Agreement, shall remain in full force and effect while you are a Member on the Forum. You may terminate your membership at any time, for any reason. You understand and agree that the termination of your membership is your sole right and remedy with respect to any dispute with T-Mobile. T-Mobile may terminate or suspend your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after a membership is terminated, this entire Agreement will remain in effect.

5. Content. All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, Forums or other materials (collectively, “Content”) posted by Members on the Forum (collectively, “Member Content”) are the sole responsibility of the Member from whom such Member Content originated. This means that you, and not T-Mobile, are entirely responsible for all Member Content that you upload, post, transmit or otherwise make available on the Forum, including personally identifying information. When you post Member Content on the Forum, your user name will be visible to other Members and attached to the Member Content that you posted. Please be aware that if you post personal information online that is accessible to other Members, you may receive unsolicited messages from such Members. T-Mobile does not control the Member Content posted by you or other Members on the Forum and, as such, does not guarantee the accuracy, integrity or quality of such Member Content. By using the Forum, you may be exposed to Member Content that is offensive, indecent, harmful, inaccurate, deceptive, or objectionable. Under no circumstances will T-Mobile be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, transmitted or otherwise made available on the Forum. You agree that you must evaluate, and bear all risks associated with, the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content. In addition, except as provided in this Agreement, you may not copy, modify, translate, reproduce, publish, broadcast, transmit, distribute, perform, display, license, sell, or create derivative works from any Member Content or any other content appearing on or through the Forum. T-Mobile reserves the right (without the obligation) to monitor, pre-screen, reject, remove, or edit any Member Content for any reason in its sole discretion and without notice. T-Mobile assumes no responsibility for monitoring the Forum for inappropriate Member Content or conduct. As between you and T-Mobile, T-Mobile will solely own all Registration Data and Member Content posted or provided on the Forum. Without limiting the generality of the foregoing, T-Mobile may disclose and use Registration Data and Member Content in its sole and absolute discretion, subject to T-Mobile’s Privacy Policy. When posting Content, you must comply with T-Mobile’s Acceptable Use Policy.

6. Member Conduct. You, and not T-Mobile, are responsible for compliance with all laws, regulations and ordinances in connection with your use of the Forum. You agree not to engage in any of the following activities in connection with your use of the Forum: (a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (b) advertising to, or solicitation of, any Member to buy or sell any products or Forums; (c) circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures, technology, or software that is part of the Forum; (d) activity that involves the use of software viruses, worms, spyware, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; (e) any automated use of the Forum; (f) damaging, disabling, disrupting, overburdening, or impairing the Forum or interfering with any other party’s use and enjoyment of the Forum; (g) impersonating or attempting to impersonate another Member, person or entity; (h) using the Account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; (i) using any information obtained from the Forum in order to harass, abuse, or harm another person or entity, or attempting to do the same; (j) allow usage of the Forum by others in such a way as to violate this Agreement; (k) take any steps to interfere with or in any manner compromise any security measures employed by the Forum; (l) use the Software or the Forum for fraudulent purposes; (m) collect any information about other Members; (n) sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to the Forum, your Account, or your password to any third-party; (o) engage in the practices of “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information from the Forum; or (p) attempt to decompile, reverse engineer, disassemble, modify, hack, or create derivative works from the Forum or the Software, or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Forum or the Software. T-Mobile reserves the right to investigate and take appropriate legal action against anyone who, in T-Mobile’s sole discretion, violates this Section, including without limitation, reporting a Member to law enforcement authorities and terminating or suspending a Member’s right to use the Forum.

7. Forum Content. The Forum contains information, data, text, software, music, sound, photographs, graphics, video, messages, advertising, links to web sites, or other materials (collectively, “Forum Content”) provided by T-Mobile or third-parties (collectively, “Content Suppliers”). T-Mobile is not responsible or liable, directly or indirectly, for any Forum Content or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Forum Content. T-Mobile is under no obligation to pre-screen Forum Content.

8. Proprietary Rights to Member Content.

8.1 You represent, warrant, and promise that (a) you own the Member Content posted by you on the Forum and (b) your posting or transmitting of Member Content on or through the Forum does not, and will not, infringe, violate or misappropriate the privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights or any other rights of any person or entity.

8.2 You hereby grant, exclusively to T-Mobile, all rights of any kind in and to any Member Content posted or transmitted by you on or through the Forum, including, without limitation, (a) all rights of contract, copyright, trademark, trade dress and all other rights, throughout the world; (b) the right to modify, publish, prepare derivative works from, and publicly display the Member Content, alone or as part of any other work, in any form, media, or technology, whether now known or hereafter developed; and (c) the exclusive right to license or otherwise transfer any or all such rights to any other party. All Member Content belongs solely to the T-Mobile. However, to the extent, if any, that any Member Content is not assignable, you automatically grant, and represent and warrant that you have the right to grant, to T-Mobile a worldwide, royalty-free, irrevocable, perpetual, fully-sublicensable, and non-exclusive right and license to use, host, reproduce, modify, adapt, publish, edit, translate, distribute, perform, combine with information provided by third-parties, create derivative work of and display such Member Content alone, or as a part of other works, in any form, media, or technology, whether now known or hereafter developed. Any such Member Content may be used by T-Mobile or licensed to others by T-Mobile for any purpose, including, without limitation, for reproduction, disclosure, transmission, publication, broadcast and posting. No compensation will be paid or due you with respect to T-Mobile’s or its sublicensees’ use of the Member Content pursuant to this Section.

8.3 T-Mobile cannot guarantee that other Members will not use Content that you post on the Forum for their own personal or commercial benefit. You should not post any Content on the Forum that you would like to keep confidential or do not want others to use. T-MOBILE IS NOT RESPONSIBLE FOR ANY MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT POSTED BY YOU ON THE FORUM.

9. T-Mobile’s Proprietary Rights. As between T-Mobile and you, all right, title and interest in and to the Forum and any Forum Content (including any intellectual property rights to the Forum and the Forum Content) will remain the sole property of T-Mobile. You may not copy, use, or incorporate any of the Forum Content on the Forum, including any artwork, trademarks or logos, into any other work, including your own site, or use such Forum Content in any other public or commercial manner.

10. Indemnification. You agree to indemnify, defend and hold harmless T-Mobile, and T-Mobile suppliers (including Content Suppliers), T-Mobile’s technology licensors (including, but not limited to Fuel Cycle, Inc.), their shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of (a) your use of the Forum (including, without limitation, the software); (b) your breach of any representations, warranties or covenants in this Agreement; (c) any Member Content posted or transmitted by you on or through the Forum; (d) your acts and omissions; and (e) your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. T-Mobile reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with T-Mobile in such defense. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of T-Mobile or any of T-Mobile’s suppliers (including Content suppliers), affiliates, partners, subsidiaries and employees.

11. Information for California Residents. Under California Civil Code Section 1789.3, Members located in California are entitled to the following consumer rights information: (a) The T-Mobile is provided by T-Mobile located at 3618 Factoria Blvd SE, Bellevue, WA 98006, USA (b) You may contact T-Mobile at the address in subsection (a) immediately above with complaints or to request additional information about above. Also, the Complaint Assistance Unit of the Division of Consumer Panels of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

12. Copyright Infringement.If you believe that your work has been copied and posted on the Forum in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send T-Mobile’s Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Forum (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Copyright Agent, 12920 SE 38th St., Bellevue, WA, 98006.

13. Prize Promotions. If T-Mobile offers a sweepstakes, skill-based contest, or similar promotion to Members (each, a “Promotion”), the terms and conditions of this Section 13 (in addition to the other sections of these Rules of Participation) will apply unless another set of official rules is made available in connection with a specific Promotion. NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

13.1 General. (a) Eligible Members can participate in a Promotion by following the instructions in a notification from T-Mobile about a Promotion (“Solicitation”). Specific methods of entry and prize details will be set forth in the Solicitation. T-Mobile’s decisions will be final and at T-Mobile’s sole discretion for all matters relating to a Promotion, including, without limitation, determination of winner(s), distribution of prize(s), and resolution of any discrepancies in and interpretation of this Agreement, the Solicitation, or other Promotion-related materials or instructions issued by T-Mobile (the “Promotion Documents”). If the winner or a potential winner does not comply with any portion of the Promotion Documents OR if T-Mobile determines at any time that the winner or potential winner is disqualified or ineligible, any prize may be forfeited and another winner may be selected by T-Mobile. Notwithstanding the foregoing, during any calendar year, no individual shall be awarded a prize or prizes or given other items of value, which, solely or in the aggregate, as the case may be, have an approximate retail value of greater than $599.99, from Fuel Cycle, Inc., Inc., a third-party beneficiary hereto, on behalf of any other T-Mobile.

13.2 Eligibility. To be eligible, at the time of the Solicitation, you must (i) be a legal resident of and residing in any one (1) of the fifty (50) U.S. states or the District of Columbia; (ii) be a Member of the Forum; and (iii) meet any additional eligibility requirements in the Solicitation. Employees of the T-Mobile, its parent, divisions, affiliates, subsidiaries, advertising agencies or promotional partners associated with the Promotion, and relatives (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) of and those living in the same household as such employees are not eligible to enter or win a prize. During any calendar year, an individual shall not be eligible to enter or win a prize in a Promotion if such individual has previously received a prize, prizes, or any other items of value, which, solely or in the aggregate, as the case may be, have an approximate retail value of up to $599.99, from Fuel Cycle, Inc., a third-party beneficiary hereto, on behalf of any other T-Mobile.

13.3 Prizes. A potential winner may be required to respond to requests sent to him/her by T-Mobile regarding a Promotion, including, without limitation, tax forms, an affidavit of eligibility and liability/publicity releases (unless prohibited by law), both of which may require the provision of a Social Security number. If any prize, prize notification, entry or any other Promotion-related communication is rejected, faulty or returned as undeliverable, or if a winner cannot be reached after a reasonable attempt has been made by T-Mobile, that winner may be disqualified and an alternate winner may be selected. T-Mobile reserves the right to distribute awards to Members from time to time without prior notice or sending a Solicitation. Any difference between the actual value of the prize and the approximate retail value stated in the Promotion Documents will not be awarded. During any calendar year, a prize shall not be awarded to an individual who has already received a prize, prizes, or any other items of value, which, solely or in the aggregate, as the case may be, have an approximate retail value of up to $599.99, from Fuel Cycle, Inc., Inc., a third-party beneficiary hereto, on behalf of the T-Mobile or companies sponsoring the applicable Promotion. If legitimately claimed, the prize will be awarded. All taxes (federal, state and local) and other expenses not specified as part of a prize are the sole responsibility of the winner. No transfers, prize substitutions or cash redemptions will be made, except at T-Mobile’s sole discretion. T-Mobile reserves the right to substitute a prize with another prize of equal or greater value for any reason. WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. T-Mobile is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in participant’s e-mail account to receive e-mail messages.

13.4 Miscellaneous. By participating in a Promotion (except where prohibited by law), participants consent to the use of their names, likenesses, voices and data, in advertising, promotion and marketing materials throughout the world by the T-Mobile, without additional compensation or approval. All participants, as a condition of entry, agree to be bound by these Rules of Participation and the decisions of T-Mobile. If a Promotion is not capable of running as planned for any reason, T-Mobile reserves the right to cancel, modify or suspend a Promotion. Any participant who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of the Promotion Documents will forfeit any prize won. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the authorized Member account holder at the time of entry, but only if that person meets all other eligibility criteria as determined by T-Mobile. If a dispute cannot be resolved to T-Mobile’s satisfaction, the entry will be deemed ineligible. Furthermore, each participant understands and acknowledges that participating sponsoring entities have wide access to ideas, stories, designs and other literary materials. Each participant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her material and/or each other in theme, idea, plot, format or other respects. Each participant acknowledges and agrees that he or she will not be entitled to any compensation as a result of sponsoring entities’ use of any such similar or identical material that has or may come to the sponsoring entities from other sources. Each participant acknowledges and agrees that the sponsoring entities do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of the participant’s copyright in and to his/her material. Each participant acknowledges that, with respect to any claim by participant relating to or arising out of sponsoring entities’ or their agents’, assigns’ or licensees’ actual or alleged exploitation or use of any material, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek or obtain injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

14. DISCLAIMER OF WARRANTIES. SUBJECT TO APPLICABLE LAW, YOUR PARTICIPATION ON THE FORUM AND USE IN ANY WAY OF ALL CONTENT CONTAINED THEREIN OR DERIVED THEREFROM, IS AT YOUR SOLE RISK. COMPANY AND COMPANY’S PARTNERS AND SUPPLIERS (INCLUDING FUEL CYCLE, INC. AND ITS SUPPLIERS) PROVIDE THEIR SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH YOUR PARTICIPATION ON THE FORUM, “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY AND COMPANY’S PARTNERS AND SUPPLIERS (INCLUDING FUEL CYCLE, INC. AND ITS SUPPLIERS) MAKE NO WARRANTY THAT: (i) EACH OF THEIR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) EACH OF THEIR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND/OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, PRIZES (IF ANY), OR OTHER MATERIALS OR INFORMATION OBTAINED BY YOU THROUGH ANY OF THEIR SERVICES WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THEIR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WITHOUT LIMITATION ON THE FOREGOING, WE ARE UNDER NO OBLIGATION TO STORE AND/OR PROTECT YOUR INPUT OR CONTENT, SO IT IS ADVISABLE THAT YOU MAINTAIN YOUR OWN COPY AT ALL TIMES. NOT ALL STATES PERMIT ALL OF THE ABOVE DISCLAIMERS, SO THEY MAY NOT ALL BE APPLICABLE TO YOU.

15. LIMITATION OF LIABILITY: SUBJECT TO APPLIABLE LAW, IN NO EVENT WILL COMPANY OR ANY OF COMPANY’S PARTNERS OR SUPPLIERS (INCLUDING FUEL CYCLE, INC. AND ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR FAILURE OF PERFORMANCE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURES, THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY OF THEIR SERVICES, OR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH ANY OF THEIR SERVICES OR THIS AGREEMENT, DIRECTLY OR INDIRECTLY, EVEN IF COMPANY OR ANY OF COMPANY’S PARTNERS OR SUPPLIERS (INCLUDING FUEL CYCLE, INC. AND ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S (OR ANY OF ITS PARTNERS’ OR SUPPLIERS’, INCLUDING WITHOUT LIMITATION FUEL CYCLE, INC.’S) AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE FORUM, ANY OF THEIR SERVICES, OR THIS AGREEMENT (OR ANY OTHER AGREEMENT ENTERED INTO BY YOU WITH COMPANY IN CONNECTION WITH YOUR PARTICIPATION ON THE FORUM OR USE OF ANY SERVICES) EXCEED $500.00. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

16. Independent Review. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

17. Notice. Statements, notices and other communications to you may be made by mail, email, postings within your Account or on the Forum, or other reasonable means. You will be solely responsible for keeping your email and postal addresses updated on your Account. T-Mobile will not be responsible for any undelivered notices caused by your failure to update such information.

18. No Injunctive Relief: You agree not to seek any injunction or other form of equitable relief that would restrain the Forum in any way and/or any of the services provided by us or any of our partners and suppliers (including without limitation Fuel Cycle, Inc. and its suppliers), including the exploitation of any advertising or other content, information or materials contained in any such services, and/or the exploitation of any other rights granted to T-Mobile (and/or any of our affiliates or partners, including without limitation Fuel Cycle, Inc.) hereunder.

19. General. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. A printed version of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. T-Mobile may assign this Agreement, in whole or in part, at any time with or without notice to you. You will not assign this Agreement, by operation of law or otherwise, without prior written approval of T-Mobile, and any such attempted assignment will be void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. The failure of T-Mobile to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Fuel Cycle, Inc., Inc. is hereby made a third-party beneficiary to this Agreement, entitled to enforce the provisions of this Agreement directly against you. This Agreement shall inure to the benefit of Fuel Cycle, Inc., Inc. and its successors and assigns. This Agreement sets forth the entire understanding and agreement between T-Mobile and you with respect to the Forum, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and T-Mobile with respect to the Forum. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. No party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement will not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that this Agreement may be entered into electronically, and without the necessity of written signatures.

Please contact us at  Moderator@t-mobilehomeinternet.com with any questions regarding this Agreement.

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