Last updated: December 1, 2012
PLEASE READ CAREFULLY
Site Use. You represent that you are at least 18 (or, if you are a Puerto Rico resident, at least 21 or legally emancipated) or that you are using the Site under the supervision of a parent or guardian. We may ask you to provide accurate registration information to create an account in order to use the Site or some of its features or services. If we believe that your information is incorrect or incomplete, we may prevent you from accessing the Site, terminate or suspend your account, or otherwise limit or restrict your use or service. Your use of the Site is limited to non-commercial, personal use only. We may grant you temporary access to the Site and a limited, non-exclusive, revocable and nontransferable license to access and use the information contained within the Site solely for your internal business use only. We may limit the number of times you can visit or log in to the Site within a certain period of time. We also reserve the right, in our sole discretion, to terminate your access to the Site, or any portion thereof, at any time, without notice.
Security. Some parts of the Site may require a user name, account name or password. If you use these features, you agree to keep this information confidential and secure. You agree to accept responsibility for all activities that occur under your user name, account, or password, and to notify GoSmart Mobile immediately if the confidentiality of your user name, account or password is compromised. We will not be liable for any loss that you may incur as a result of someone else using your account or password. To protect the security of the Site and your account, we may terminate or suspend your account, change your user name or password, request additional information before we authorize transactions on your account, or take other reasonable actions.
Prohibited Uses. You agree not to:
- resell any aspect of the Site or services available on it;
- bypass or circumvent measures we may use to prevent, interfere, or limit access to the Site or any GoSmart Mobile or T-Mobile network;
- use the Site to send altered, deceptive or false source-identifying information;
- use the Site to intercept, collect or store personal information about other users;
- spam other users or take other actions that may affect the operation or enjoyment of the Site by other users;
- access, monitor or copy any content or information on the Site using any robot, spider, scraper or other automated means or any manual process;
- decompile, disassemble or reverse engineer any of the software or content used in any part of the Site or any GoSmart Mobile or T-Mobile network;
- send a virus or use any malicious programs or techniques in connection with the Site;
- overload or crash the Site or any GoSmart Mobile or T-Mobile server or network; or
- engage in excessively high volume data transfers or bandwidth use, including without limitation by hosting a web server, internet relay chat server or any other server via any use of the Site; or
- infringe the copyrights or intellectual property rights of others.
- any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that is otherwise objectionable to us in our sole discretion;
- any commercial material or content (including, for example, funding solicitations, advertising, or marketing any good or services);
- any information you are prohibited from transmitting by contract or confidential relationship;
- any material that exploits or harms minors (any person under the age of 18), intentionally or unintentionally, including by exposing minors to content that is inappropriate, providing minors’ personally identifiable information, or seeking to obtain personally identifiable information from minors;
- any material that could harm GoSmart Mobile’s business, reputation, employees, subscribers, facilities, or any person;
- any material that infringes, misuses or violates any copyright, trademark, patent right, trade secret or other proprietary right of anyone, including rights of publicity and privacy;
- content for which you were compensated or granted any consideration by any third party;
- content that references other websites, addresses, email addresses, contact information, or phone numbers;
- content that contains computer viruses, worms, or other potentially damaging computer programs or files.
Third Party Sites and Content.Parties other than GoSmart Mobile may display and make available content, data, services and products through the Site. You acknowledge that GoSmart Mobile and T-Mobile are not publishers of, do not control or endorse, and are not responsible or liable for, any such third party content. Managers and hosts of interactive forums on the Site (e.g., blogs) are not authorized GoSmart Mobile spokespersons, and their views do not necessarily reflect those of GoSmart Mobile. The Site may contain links to websites operated by parties other than GoSmart Mobile. You acknowledge that we do not control those websites and we are not responsible for their content, their privacy practices, or any other policies provided on those websites.
Intellectual Property Rights.Except for Submissions, the Site and its content, software, and services (together, “Materials”) are the property of GoSmart Mobile, T-Mobile, and their suppliers and are protected by copyright, trademark, service mark, and other proprietary or intellectual property rights (“Intellectual Property Rights”). We reserve all of our rights in the Materials. If any service on the Site includes the provision of a specific IP address, URL or other designation for your use, you acknowledge and agree that you will not receive any proprietary or ownership rights in such designation, and that we may change your IP address, URL or other designation at any time.
Trademarks and Service Marks. The trademarks, service marks, logos, designs, icons, graphics, product and service names and company names displayed on the Site are registered or unregistered trademarks of GoSmart Mobile, T-Mobile, their suppliers and other third parties, and may not be copied, imitated or used, in whole or in part, without prior written permission of T-Mobile or its relevant owners. Nothing contained in this site may be construed as a grant of a license or right of use of any trademark displayed in this site without the prior express written permission of T-Mobile or its relevant owner, by implication, estoppels, or otherwise. A reference to any products, services, processes, or other information does not constitute or imply any endorsement, sponsorship or recommendation by GoSmart Mobile or T-Mobile. For additional information concerning proper use of T-Mobile’s trademarks and service marks, please review GoSmart’s Marks Rules at https://support.gosmartmobile.com/articles/use-of-marks.
Claims of Copyright Infringement/DMCA Notices. GoSmart Mobile respects the Intellectual Property Rights of others and is committed to complying with U.S. Copyright laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.
If you believe that material available on the Site or residing on our system or network infringes a copyright of yours or a third party for whom you are authorized to act, please notify our Designated Agent by using the procedures described in the DMCA and below. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA. Our Designated Agent under the DMCA is Christina Kirkpatrick, 12920 SE 38th Street, Bellevue, WA 98006, 425-378-4000, firstname.lastname@example.org.
The notice must include the information as provided by the DMCA, 17 U.S.C. § 512(c) (3):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GoSmart Mobile to locate the material;
- Information reasonably sufficient to permit GoSmart Mobile to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that material you have placed on GoSmart Mobile’s system or network has been removed by mistake or as the result of an improper take down notice, you may send our Designated Agent, identified above, a “counter notification” containing the following information as provided by the DMCA, 17 U.S.C. § 512(g)(3):
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material to be removed or disabled;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which GoSmart Mobile may be found, and you will accept service of process from the person who provided notification that led to the mistaken removal of your material or an agent of such person.
There are substantial penalties for sending false notices. It is GoSmart Mobile’s policy, in appropriate circumstances and in its 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.
Pricing and Information.GoSmart Mobile and T-Mobile do not warrant that the content on the Site is accurate, complete, or current. Despite our efforts, items on the Site may be mispriced and product and service descriptions may be inaccurate. GoSmart Mobile reserves the right to correct any inaccuracies or omissions on the Site, to revoke any offer, to cancel your order, and to take any other actions it deems reasonable or necessary to rectify the error, regardless of whether charges have been applied to your account or credit card.
WARRANTY DISCLAIMERS.THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, ANY MATERIALS INCLUDED ON, DOWNLOADABLE FROM OR OTHERWISE ACCESSIBLE VIA THE SITE, OR ANY SERVICES OR PRODUCTS AVAILABLE FOR PURCHASE VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND NON-INFRINGEMENT. FURTHER, GOSMART MOBILE AND T-MOBILE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS. GOSMART MOBILE AND T-MOBILE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU MAY NOT RELY ON ANY SUCH STATEMENT OF WARRANTY. THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AVAILABLE FOR PURCHASE ON THE SITE OR USED IN CONNECTION WITH THE SERVICES IS A WARRANTY PROVIDED BY THE PRODUCT MANUFACTURER(S), WHICH IS EITHER INCLUDED WITH THE PRODUCT ITSELF OR CAN BE OBTAINED FROM THE MANUFACTURER(S).
LIMITATIONS OF LIABILITY. IN NO EVENT SHALL GOSMART MOBILE OR T-MOBILE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, REGARDLESS OF THE TYPE OF CLAIM OR LEGAL THEORY ASSERTED, , ARISING OUT OF OR IN ANY WAY CONNECTED WITH ( i ) THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR ANY MATERIALS, EVEN IF GOSMART MOBILE, T-MOBILE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GOSMART MOBILE OR T-MOBILE (WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE SITE OR ANY SITE-RELATED MATERIALS OR SERVICES, EXCEED $5.00.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. In such states, GoSmart Mobile and T-Mobile’s liability is limited to the greatest extent permitted by law.
Contact Us You may contact us using the methods described on the Contact Us page at: http://www.gosmartmobile.com/contact-us.
Electronic Communications. You agree that this electronic document and any other electronic agreement, notice, or other communication that we provide to you meets any legal requirement that such communication be in writing.