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Customers should be aware that these practices may occasionally result in speeds below those typically experienced on our 5G or LTE networks. You might also have other agreements with us, such as an equipment installment plan or JUMP! Check your Device to determine if you are Off-Net. 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.
Where the network is lightly loaded in relation to available capacity, a customer whose data is prioritized below other data traffic will notice little, if any, effect from having lower priority. Upon filing of the arbitration demand, we will pay or reimburse all filing, administration, and arbitrator fees. We constantly work to improve network performance and capacity, but there are physical and technical limits on how much capacity is available, and in constrained locations the frequency of heavy loading in relation to available capacity may be greater than in other locations.
We utilize streaming video optimization technology in our networks to help minimize data consumption while also improving the service experience for all customers. Some qualifying video providers may choose to opt-out of the Binge On program. See your selected service or visit our Open Internet at the link below for details.
The AAA rules are available at www. Thanks for choosing T-Mobile. Video optimization occurs only to data streams that are identified by our packet-core network as video or where the video provider has chosen to establish protocols to self-optimize their video.
You can check your current usage by visiting my. Outages and interruptions in Service may occur, and speed of Service varies. We prioritize smartphone and mobile internet tablet over Smartphone Mobile HotSpot tethering traffic on our network. If you opt out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. To provide the best possible experience for the most possible customers on T-Mobile or Sprint branded rate plans, for many Rate Plans, we prioritize the data usage of a small percentage of our heavy data users, below that of other customers.
When you accept, you're telling us that you are of legal age which means you are either legally emancipated, or have reached the age of majority as defined in your jurisdiction and that you are able to enter into a contract.
You may opt out of these arbitration procedures by calling or online at www. Devices also have varying speed capabilities and may connect to different networks depending on technology.
Additionally, we may implement other network practices, to ensure optimized network performance as technologies evolve. This may happen even when you are within the T-Mobile coverage area. Further, to provide the best possible on-device experience for the most possible customers on T-Mobile or Sprint branded plans and minimize capacity issues and degradation in network performance, we may, without advance notice, take any actions necessary to manage our network on a content-agnostic basis, including prioritizing all on-device data over Smartphone Mobile HotSpot tethering data and, for the vast majority of Rate Plans, further prioritizing the data usage of a small percentage of heavy data users as defined in their Rate Plansbelow that of all other customers in times and locations where there are competing customer demands for network resources, for the remainder of the billing cycle.
While roaming internationally, your data throughput may be reduced, and your Service may be otherwise limited or terminated at any time without notice.
Visit www. Jury Trial Waiver. T-Mobile may introduce access to new technologies, features, or services that you can add for an additional charge. Even within coverage areas and with broadband-capable devices, network changes, traffic volume, outages, technical limitations, al strength, obstructions, weather, public safety needs, and other conditions may impact speeds and service availability.
This threshold is specified in your Rate Plan and is also periodically evaluated and may change over time.
The Binge On optimization technology is not applied to the video services of these providers, and high-speed data consumption will continue as if Binge On were not enabled. You may be charged for more than one call for unanswered calls that are forwarded to voic regardless of whether the calls result in actual voic messages being left for you and regardless of whether your Device is on or off. If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
You and we each agree to negotiate your claim in good faith. An Authorized User will need to verify identity before we provide access to information. 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.
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If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action.
In those cases, customers who choose certain rate plans may notice speeds lower than customers on other T-Mobile or Sprint branded rate plans, which are prioritized higher on our networks. Our Open Internet Policy, located at www. You are responsible for complying with U. Export Control laws and regulations, and the import laws and regulations of foreign countries when traveling internationally with your Device.
On Demand Lease Yes. You should be aware that our Privacy Notice, located at www.
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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. Your experience on our networks may vary and change without notice depending on a variety of factors. You should familiarize yourself with how to access these services before using your handset for international roaming. However, the T-Mobile network offers content providers a way to opt-in to a protocol to help identify video downlo and ensure they are not treated as streaming video.
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.
Different rates and rounding increments apply in different countries. We deploy streaming video optimization technology in our network, which also helps to ensure that available network capacity can be utilized to provide a good service experience for the maximum of customers. This will be the case in the vast majority of times and locations. Streaming Video.
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The optimization technology is intended to manage data usage on the network, reduce the risk of streaming video stalling and buffering on mobile devices, and reduce the amount of data consumed for streaming video, making room for other users to enjoy higher speeds and a better network experience overall.
Sprint customers can check current usage by logging into your at Sprint. Domestic Roaming. Please do not abuse this; we may limit or terminate your Service if you do. Please check our coverage maps, which approximate our anticipated coverage area outdoors. Customers whose data is prioritized lower may notice speeds lower than customers with higher priority in times and locations where there are competing customer demands for network resources.
We engineer our network to provide consistent high-speed data service, but at times and at locations where the of customers using the network exceeds available network resources, customers will experience reduced data speeds. This information is sensitive so take steps to protect it. 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 below. Class Action Waiver.
For example, a small of Rate Plans experience video optimization via the Binge On feature. In some instances, video optimization may also identify and treat downlo of video files as if they were real-time video streams. You agree that we are not liable for problems relating to Service availability or quality. At times and locations where the network is heavily loaded in relation to available capacity, however, these customers will likely see ificant reductions in data speeds, especially if they are engaged in data-intensive activities.
You must opt out by the Opt Out Deadline for each line of Service. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
The easiest way to deate an Authorized User is online through your my. 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. The availability of, and access to, emergency calling services e.
Availability and features offered for international roaming and dialing vary depending on your Rate Plan and Device. This threshold is periodically evaluated and may change over time. We also prioritize the data of customers who choose certain Rate Plans after the data for other T-Mobile or Sprint branded rate plans, but before customers who are prioritized as heavy data users.
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.
Using Our Networks. For example, some plans may offer gaming or audio streaming at standard or at high definition. If you do not have a Data Plan, your Device may not be able to access data services. Dispute Resolution and Arbitration. We will treat presentation of the proper validation information as authorized access to an. Whether roaming internationally or making and sending international calls and messages while in the U. This includes per-minute rates for calls, and per-minute rates for calls transferred to your voic, and the relevant data rates for data usage.