Financial Privacy Policy: Other Governing Terms
Financial Privacy Policy: Other Governing Terms
If T-Mobile USA, Inc. and/or its controlled subsidiaries (collectively, "T-Mobile") provides you with a financial product or
service (e.g. an installment loan or lease for a mobile device), then you should understand T-Mobile's policy regarding
the collection, use, and disclosure of your nonpublic personal financial information. T-Mobile has an obligation to provide
notice to you of your rights under federal law regarding your financial privacy.
We collect nonpublic personal financial information about you from the following sources:
Information we receive from you on applications or other forms, on our website or through other means;
Information we receive from your transactions, correspondence and other communications with us; and
Information we receive from you in connection with providing you a financial product or service, such as an
installment loan or lease.
We do not disclose nonpublic personal financial information about you to unaffiliated third parties for marketing purposes.
We may disclose nonpublic personal financial information about you or any former customer to the following types of
unaffiliated third parties:
Financial service providers who assist us in maintaining or servicing your accounts, printers and those who assist
with mailing and other services, as well as financial service providers who do not assist us in maintaining or
servicing your accounts, such as companies engaged in banking, credit cards, consumer finance, and insurance
with whom we may have agreements to provide joint products or services;
Nonfinancial companies, such as service providers who fulfill information requests;
Where you have provided us with consent to share your nonpublic personal financial information; and
As otherwise permitted or required by law.
We protect your nonpublic personal financial information from unauthorized access, use, or disclosure while it is under our
control by a variety of physical, electronic, and procedural safeguards.
Other Governing Terms
This policy does not modify or alter any applicable agreement you have with T-Mobile. For example, our Terms of Use
govern your use of our websites.
If you use or subscribe to our other products or services, our T-Mobile Terms and Conditions, one or more applicable
service agreements, and certain other terms may apply.
If this policy conflicts with any portion of those terms and agreements, those terms and agreements govern to the extent of
the inconsistency. This policy is intended specifically to address T-Mobile's practices in connection with financial products
and services, and is not intended to supersede or replace T-Mobile's Privacy Policy with respect to other activities.
Changes to T-Mobile's Financial Privacy Policy
We may update this policy if we materially change our practices or if legal or regulatory changes require it. If we decide to
use or disclose personal information in a way that is materially different from that which was stated in the section entitled
Financial Privacy, at the time the personal information was collected, we will notify you of the change in the same manner
in which you receive your annual privacy notice from T-Mobile, at least 30 days before we implement that change and
will give you an opportunity to opt-out of the proposed use or disclosure of previously collected personal information. You
should refer to this policy often for the latest information and the effective date of any changes.
How to Contact Us
If you have any questions or comments about this policy or about T-Mobile's privacy practices, please call Customer
Service at 611 from a T-Mobile phone or 1-800-937-8997 from any phone or send an e-mail message to: privacy@tmobile.com. You may also direct your privacy-related comments or questions to the address below:
T-Mobile USA, Inc.
Attn: Chief Privacy Officer
12920 SE 38th Street
Bellevue, Washington 98006
Effective April 27, 2012
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You agree to accept all communications electronically and use electronic signatures (Consent) with T-Mobile USA,
Inc. and our controlled subsidiaries, assignees, agents and participating financial institutions and any entity assigning
an Equipment Installment contract to us. Unless you agree, we are required to provide some Communications to you in
writing.
1. What Types of Communications Will I Receive Electronically? Your Consent applies to your entire relationship
with us, including this transaction. Unless you withdraw your consent, your agreements with us, equipment
installment plan contracts, lease agreements, monthly statements and any disclosures, notices or other information
about your relationship with us (Communications) will be delivered electronically. We may, if we choose, require
Communications to be in writing.
2. How Do I Withdraw Consent or Change My Email Address? You may withdraw your Consent whenever you
want without charge, or change your email and contact preferences whenever you want by visiting your account
at www.T-Mobile.com or calling us at (800) 937-8997. All Communications provided prior to your withdrawal of
Consent are still valid. After you withdraw Consent, your future Communications with us will be in writing whenever
required by law.
3. How do I Receive Paper Copies? You can get a paper copy of any electronic Communications at no charge by
calling us at (800) 937-8997 or visiting a participating T-Mobile store.
4. Are there any Computer Hardware, Software and Other Requirements? You must have the following items and
features in order to receive the Communications electronically:
Valid e-mail address;
Ability to receive SMS text messages on a device with an active phone number;
Computer and/or mobile device that maintains a currently supported version of an operating system, internet
browser (with per session cookies enabled), and a PDF reader; and
Printer capable of printing text screens, if you wish to print copies.
**Well notify you if we change the computer hardware or software requirements in a way that creates a material risk that
you will not be able to receive or access the Communications. Your continued use of electronic communication after any
notice constitutes your continued Consent to the change.
Confirmation of Your Consent.
By providing your Consent, you confirm you have reviewed the above and agree (1) to electronically receive all
Communications; (2) to use electronic signatures; and (3) that you have hardware, software (including PDF reader), email
and SMS access to receive Communications electronically. You represent that you are authorized and are providing
this Consent on behalf of yourself and all of the authorized users on your account.
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Customer
DAPHNE ANDINO
234 BARBEY ST
BROOKLYN, NY 11207
(347) 488-8857
SKU - Description
Date:
Account:
Price
Balance
$869.99
Down Payment
Paid Today
$149.99
$869.99
$149.99
$720.00
$78.99
Total
09-16-2016
912401257
$720.00
Truth-in-Lending Disclosures
ANNUAL
PERCENTAGE RATE
FINANCE
CHARGE
Amount Financed
Total of Payments
The dollar
amount the credit
will cost you.
0.00%
$0.00
$720.00
$720.00
$869.99
Amount of
When Payments are Due
Payments
23
$30.00
Monthly, beginning on 10/08/2016 (estimated)
1
$30.00
on 09/08/2018 (estimated)
The Annual Percentage Rate does not take into account your required deposit.
See your contract documents for any additional information about nonpayment, default, and any required repayment in
full before the scheduled date.
$869.99
$78.99
$948.98
$149.99
$78.99
$720.00
$0.00
$720.00
Late Charge. No late charges will be imposed on a late Equipment Installment Plan payment.
Agreement to Purchase and Make Payments. Except as provided below, you agree to purchase from Seller (we,
us, or our) the items described above (the equipment) on the terms set forth in this agreement. Affiliates of T-Mobile
Financial LLC (T-Mobile Financial, and together with its affiliates, T-Mobile, we, us, or our)) provide wireless service
to you (the Service). Subject to our delivery to you of the equipment identified above and purchased by you, and subject
to your right to cancel this agreement as provided below, you agree to make payments according to the payment schedule
above. In addition, you agree to maintain Service on any equipment purchased under this agreement for the term of this
Rev073016
Page 1 of 5
agreement. If you accept this agreement after the date it is made available to you, your first monthly payment may be due
one month later than the date shown above. The Truth-in-Lending Disclosures above are part of this agreement. Equipment
purchased under this agreement will appear on the monthly billing statements for your Service plan. Partial payments may
result in the suspension or cancellation of your Service and in equipment not operating on T-Mobiles network. You may
prepay this agreement, in whole or in part, at any time without penalty. Partial prepayments will not change your obligation
to continue to make scheduled payments, except that you may finish making payments early. This is a one-time extension
of credit by us to you.
You have the right to cancel this agreement within 14 days (or more based upon where you made the purchase) of your
acceptance and return the equipment in accordance with our return policy. If you exercise this right you will have no
payment obligation under this agreement. Your equipment may not work with wireless services or on wireless networks
that are not provided by T-Mobile.
Manufacturer warranty information, if any, is provided with the items sold.
* Dispute Resolution and Arbitration. This section describes how any disputes between you and T-Mobile will be
resolved. WE AND YOU EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES
IN ANY WAY RELATED TO OR CONCERNING THIS AGREEMENT, OUR PRIVACY POLICY, OUR SERVICES,
EQUIPMENT, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING
ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against others relating to services or equipment
provided or billed to you (such as our suppliers, dealers or vendors) when you also assert claims against us in the same
proceeding. This agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law
apply (despite the choice of law provision below). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT
REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MAY AWARD ON AN INDIVIDUAL BASIS THE
SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS FEES).
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT INSTEAD OF ARBITRATION IF
YOU OPT OUT OF THESE ARBITRATION PROCEDURES. To opt out, call 1-866-323-4405 or complete the opt-out form
located at www.T-Mobiledisputeresolution.com. TO BE EFFECTIVE, YOU MUST OPT OUT BY THE OPT OUT DEADLINE
FOR EACH LINE OF SERVICE. THE OPT OUT DEADLINE IS 30 DAYS FROM THE EARLIER OF THE DATE OF YOUR
SIGNATURE TO THIS AGREEMENT, THE DATE YOU PURCHASED EQUIPMENT FROM US OR THE DATE YOU
ACTIVATED A NEW LINE EXCEPT THAT FOR A LINE OF SERVICE ACTIVATED PRIOR TO JUNE 28, 2008, THE OPT
OUT DEADLINE IS 30 DAYS FROM THE FIRST TIME AFTER DECEMBER 30, 2011 WHEN YOU AGREED TO EXTEND
OR RENEW YOUR TERM OF SERVICE FOR THAT LINE.
We and you each agree that if you fail to timely pay amounts due, we may assign your account for collection, and we or
the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and
any interest or cost of collection permitted by law or this Agreement.
To begin arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent. The
American Arbitration Association ("AAA") will arbitrate all disputes. For claims less than $75,000, the AAAs Consumer
Arbitration Rules will apply; for claims over $75,000, the AAAs Commercial Arbitration Rules will apply. The AAA rules
are available at www.adr.org or by calling 1-800-778-7879. Upon filing of the arbitration demand, we will pay all filing,
administration and arbitrator fees for claims that total less than $75,000. For claims under $75,000, if the arbitrator finds
that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys fees and costs.
Except for claims determined to be frivolous, T-Mobile agrees not to seek an award of attorneys fees in arbitration.
* CLASS ACTION WAIVER. WE AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION
OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE
ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable,
the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration
provision as specified above, this Class Action Waiver provision will not apply to you. 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.
* JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, unless otherwise prohibited by law
Page 2 of 5
* Disclaimer of Warranties. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH THE
EQUIPMENT THAT YOU PURCHASE OR FINANCE FROM US, AND TO THE EXTENT PERMITTED BY LAW, THE
EQUIPMENT IS PROVIDED ON AN AS IS AND WITH ALL FAULTS BASIS AND WITHOUT WARRANTIES OF ANY
KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE EQUIPMENT
PURCHASED. WE DON'T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T
DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.
* Waivers and Limitations of Liability. UNLESS PROHIBITED BY LAW, WE AND YOU EACH AGREE TO LIMIT
CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL
DAMAGES REGARDLESS OF THE THEORY OF LIABILITY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION
AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT
THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT
LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW,
ALL CLAIMS MUST BE BROUGHT WITHIN 2 YEARS OF THE DATE THE CLAIM ARISES.
* Indemnification. You agree to defend, indemnify, and hold us and our affiliates, directors, officers, and employees
harmless from any claims arising out of use of the equipment, breach of this agreement, or violation of any laws or
regulations or the rights of any third party by you, any person on your account or that you allow to use your equipment.
* Notices and Customer Communications. T-Mobile may contact you for any purpose and in any manner permitted
by law. You also expressly consent to be contacted by us, and anyone contacting you on our behalf, for any purpose,
including billing, collection, or other account or service-related purpose, at any telephone number or physical or electronic
address where you may be reached, including any wireless telephone number. You agree that we, and anyone contacting
you on our behalf, may communicate with you in any manner, including through the use of pre-recorded or artificial voice,
an automatic telephone dialing system, or an automatic e-mail system. You represent that you have received, and are
authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in
this paragraph. You further agree that all consents provided in this paragraph will survive termination or expiration of this
agreement. To withdraw your consent, please notify T-Mobile. Notices from us to you are considered delivered when we
send them to your device or by email or fax to any email or fax number you provided to us, or 3 days after mailing to your
billing address. If you would like to designate a Primary Telephone Number, please contact us.
You may contact T-Mobile at eipprogram@t-mobile.com, by calling 877-453-1304, or by writing to: EIP Program Customer
Relations, P.O. Box 37380, Albuquerque, NM 87176-7380. Notices from you to us are considered delivered when you
send an email or 3 days after mailing to the addresses above.
To begin arbitration or other legal proceeding, you must serve T-Mobiles registered agent. T-Mobiles registered agent is
Corporation Service Company and can be contacted at 1-866-403-5272.
* Choice of Law. This agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of
the state in which your billing address in our records is located, without regard to the conflicts of laws rules of that state.
Foreign laws do not apply. Arbitration or court proceedings must be in the county and state in which your billing address
in our records is located, but not outside the U.S. If any provision of the agreement is invalid under the law of a particular
jurisdiction, that provision will not apply in that jurisdiction.
NOTICE
ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH
THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO
OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS
PAID BY THE DEBTOR HEREUNDER.
NOTICE TO THE BUYER
1. Do not sign this agreement before you read it or if it contains any blank space.
2. You are entitled to a completely filled in copy of this agreement.
Page 4 of 5
3. Under the law, you have the right to pay off in advance the full amount due and under certain conditions to
obtain a partial refund of the credit service charge.
You acknowledge receipt of our Privacy Policy. You also acknowledge receipt of a completely filled-in copy of this
contract when you signed it.
RETAIL INSTALMENT OBLIGATION
Buyer's Signature:
Date Signed:
$di$
Seller's Signature:
Date Signed:
09/16/2016
Page 5 of 5