This is an agreement ("Agreement") between you and T-Mobile USA, Inc. and its affiliates ("T-Mobile," "we" or "us") for use of the National Coupon System Service Center ("System") and any downloaded materials, including PIN Codes for electronic prepaid coupons.
Use of the System. You are receiving a single User ID and password solely for your use of the System. You agree not to share or assign your User ID and password with anyone, or to authorize any other individual or entity to use the System. You agree that sharing the System with another party breaches this Agreement. You have no proprietary or ownership rights to a specific User ID or password that you use on the System. We may change your User ID or password at any time. You agree not to use the System, for any fraudulent, infringing, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, vendors, dealers, distributors, facilities, or to any person. Improper uses include, but are not limited to:
a. Violating any applicable law or regulation;
b. Posting, downloading or
transmitting content you do not have the right to post, download or
transmit;
c. Posting or transmitting content that infringes a third party's
trademark, patent, trade secret, copyright, publicity, privacy, or other
right;
d. Posting or transmitting content that is unlawful, untrue, stalking,
harassing, libelous, defamatory, abusive, tortious, threatening, obscene,
hateful, abusive, harmful or otherwise objectionable as determined in our sole
discretion;
e. Deleting, tampering with or revising any material
posted;
f. Accessing, tampering with or using non-public areas of the System
or any T-Mobile website or T-Mobile's computer systems and network;
g.
Attempting to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures;
h. Attempting to access or search
the System or any T-Mobile network or website with any engine, software, tool,
agent, device or mechanism other than the software and/or search agents provided
by us or other generally available third party web browser;
i. Using the
System or any T-Mobile website to send altered, deceptive or false
source-identifying information;
j. Attempting to decipher, decompile,
disassemble or reverse engineer any of the software comprising or in any way
making up a part of the System or any T-Mobile website;
k. Interfering or
attempting to interfere with the access of any user, host or network, including
without limitation, sending a "virus" to the System or any T-Mobile website,
overloading, "flooding," "spamming," "crashing," or "mailbombing" the System or
any T-Mobile website; or
l. Impersonating or misrepresenting your affiliation
with any person or entity.
If we suspect violations of any of the above, we will investigate and, where appropriate, we may institute legal action, immediately deactivate your User ID and password without prior notice to you, and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations.
Disclaimer of Warranty. ALL SERVICES AND INFORMATION ON THE SYSTEM ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SYSTEM. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF OUR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY US OF ANY KIND. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES ("T-MOBILE AFFILIATES") WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SYSTEM WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR, BUG OR VIRUS FREE.
Limitation on Liability. WE WILL NOT BE LIABLE TO YOU FOR LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING YOUR USE OF THE SYSTEM OR ANY UPLOAD, POSTING OR DOWNLOAD OF ANY MATERIALS TO OR FROM THE SYSTEM, REGARDLESS OF THE TYPE OF CLAIM AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOST DATA, OR ANTICIPATED PROFITS OR LOST BUSINESS.
Termination. We may terminate this Agreement at any time, upon prior notice to you. Upon termination for any reason, we may deactivate your User ID and password without limiting any of our other remedies in law or equity.
Governing Law and Venue. The laws of the State of Washington shall govern the construction and interpretation of this Agreement, without regard to the conflict of laws or choice of law provisions thereof. Venue in any action brought with respect to this Agreement shall be in King County, Washington, and each party consents to the jurisdiction of the courts sitting therein.
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