Policies & Terms

Privacy Policy

Thank you for visiting our web site. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Distribution of Information

We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Commitment to Data Security

Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Privacy Contact Information

If you have any questions, concerns, or comments about our privacy policy you may contact us via our Contact Form or calling 1-888-606-3727.

 

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these terms of use & policies. If you do not agree to these terms of use, please do not use the site.

These Terms of Use (“Agreement”) is a contract between you (“User”) and M3PCS Incorporated (“M3PCS”) and applies to your use of the website www.M3PCS.com and any related M3PCS Incorporated Websites (“Sites”.)

By using the Service, you acknowledge that you have read and understood, and you agree to the terms of this Agreement, and you represent that you are of legal age to enter this Agreement and become bound by its terms.

Service

M3PCS has the right at any time to change or discontinue any aspect or feature of the Site, including without limitation its content and hours of availability. M3PCS does not make any representations as to the timeliness, accuracy, reliability, or completeness of any of the information contained in the Site or on those sites to which M3PCS offers links.  If you become aware that our site contains inaccurate information, please send us feedback via our contact form.

Telephone Charges

You are liable for any telephone charges and any charges made by your telephone provider or similar associated charges as the result of use of M3PCS via your mobile device.  This may include the cost of national or international calls and sending or receiving SMS messages, data packets or accessing the web via your mobile device.  There may be other costs or taxes imposed by third parties in connection with your access and use of the Site for which you will be solely liable.

Acceptable Use

You agree to use the Service only for lawful purposes. You shall comply with all applicable U.S. and international laws, statues, ordinances, regulations, contracts and applicable licenses regarding your use of our Services. Your information and activities through our Service shall not contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information. If you use, or attempt to use the Service other than its intended use, to tamper, hack, modify or corrupt the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

Trademarks

The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of this site, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of M3PCS.  In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. The foregoing provisions are for the benefit of M3PCS, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions M3PCS User Agreement directly or on its own behalf.

Limit of Liability

In no event shall M3PCS Incorporated, its subsidiaries, employees or our merchants be liable in contract, in tort (including for its own negligence), or under any other legal theory (including strict liability) for any damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use or inability to user this site, our Service, or this Agreement. You hereby acknowledge that the provisions of this section shall apply to all use and content on this site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Our liability, and the liability of our parent, subsidiaries, employees, and merchants, to you or any third parties in any circumstance is limited to the actual amount of direct damages.

Changes to this Agreement

M3PCS Incorporated may change the terms of this Agreement from time to time. We may give you notice either by posting the information to our site in the Terms & Policies section. All amended terms shall be effective 30 days after they are initially posted to our site. In addition, you can set your customer profile to receive notifications of any policy updates via email. Any use of the site by you 30 days after such notice have been posted to our site shall be deemed to constitute acceptance of such amended terms.

Restrictions on use of materials

This site is owned and operated by M3PCS. No material from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of M3PCS copyright and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. Except as otherwise indicated on this site and except for the trademarks, service marks and trade names of other companies that are displayed on this site, all trademarks, service marks and trade names are proprietary to M3PCS Incorporated.

Disclaimer

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STOINC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STOINC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STOINC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT STOINC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Legal Disputes

All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other M3PCS site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in Fort Bend County and State of Texas.

In the event a dispute arises between you and M3PCS, our goal is to provide a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and M3PCS agree that any controversy or claim at law or equity that arises out of this Agreement or M3PCS services (“Claims”) shall be resolved in accordance with one of the subsections & policy processes included, or otherwise mutually agreed upon in writing by the parties. Please contact M3PCS directly prior to resorting to these legal channels. We prefer to handle reasonable requests to revolve a dispute using methods such as mediation over litigation.

Arbitration

For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award is sought is less than $10,000 USD, you or M3PCS agreed to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Court

Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Fort Bend County, Texas or where the defendant is located (in M3PCS’s case, Sugar Land, TX , and in your case, your home address or principal place of business. You and M3PCS agree to submit to the personal jurisdiction of the courts located within the county of Fort Bend County, TX.

Alternative Dispute Resolution

M3PCS will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Fort Bend County, TX or another location mutually agreed upon by the parties.

 

General

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

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