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<br />Corporate Order Form <br /> <br />g <br /> <br />18. Number Portabllltv. You may be able to transfer your Number to another wireless carrier or to bring your number to us. For <br />information about Number Portability, please visit www,t-mobile,com or contact Customer Care at (800) 937-8997 or 611 from your Phone, <br />You may not transfer your Number if your account has been cancelled or suspended, or prepaid account expired, You remain liable for <br />charges incurred resulting from your Service with us or service with your former carrier, including cancellation fees. If you call 911 <br />after you request a transfer, but before you receive confirmation of completion, the 911 operator may not have accurate <br />information on your identity and location. You must Inform the 911 operator of your identity and location Immediately upon <br />placing the call. <br /> <br />19. Asslanment. We may assign all or part of our rights or duties under the Agreement without such assignment being considered a change <br />to the Agreement, and without notice to you, except to the extent provided by law, We are then released from all liability, You may not assign <br />the Agreement without our prior written consent. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors, <br />and assigns of the respective parties, who will receive ils benefits, <br /> <br />20. Notices/Customer Communications. We may send you written notice, which may be on or included with your bill, which is considered <br />given and received by you on the third day after the date deposited in the U,S, Mail to your address in our billing records. You agree we may <br />also notify and communicate with you, or respond to your inquiries electronically through your Phone or otherwise, such as bye-mail, <br />voicemail or text messaging, which is considered given and received immediately upon transmission, Written notice to us is considered given <br />when received by our registered agent, Corporation Services Company ("CSC") 1010 Union Ave, SE, Olympia, WA 98501, <br /> <br />21. Diaital Millennium CODvriaht Act (UDMCAU) Notice. To the extent in providing Service we may act as a "services provider" (as defined <br />by DMCA) and offer services as online provider o( malerials and links to third-party sites, As a result, third-party materials that we do not <br />own or control may be transmitted, stored, accessed or made available using the Service, If you believe material available via the Service <br />infringes a copyright, notify us using the notice procedure under the DMCA. We will respond expeditiousiy to remove or disable access to <br />such material and will (ollow the procedures specified in the DMCA to resolve the claim, Our designated agent to whom you must address <br />infringement notices under the DMCA is CSC (see See, 20), <br /> <br />22. Severabilitv and Survlvabllitv. Except to the extent expressly set (orth in See, 2, all terms and conditions o( these T&C's are <br />independent of each other and if any provision of these T&C's is held to be inapplicable or unenforceable, then (a) that term or provision <br />shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms or provisions remaining in full force and <br />effect, (b) the T&C's will not fail their essential purpose and (c) the balance of the T&C's remain unaffected and in full force and effect, unless <br />our obligations are materially impaired, in which event we have tl1e1ighUoJerminate_theJ\greemenLYou_and_we_will_continue_to_be-bound- <br />by the following Secs, (and any other provisions or rights and obligations that may reasonably be construed as surviving) of these T&C's <br />after the Agreement ends, regardless of reason: 2-6, 10-15, 18, 19,20,22,23,25 and 26, <br /> <br />23. Entire AareementlADDlicable LawNenue/Mlscellaneous. This Agreement represents the final and entire agreement between you <br />and us regarding the Service and Products, Electronic images of the Agreement will be considered originals, You acknowledge that you <br />have not relied on any other representations not specifically included in this Agreement. If we don't enforce our rights under any of the <br />provisions of the Agreement, we may still require strict compliance in the future, You represent that you are of legal age and have the legal <br />capacity to enter into this Agreement. If you are contracting on behalf of a company, you represent that you are authorized to enter into this <br />Agreement and agree to be personally liable for all accounts if you are not so authorized, This Agreement is governed by the Federal <br />Arbitration Agreement, applicable federal law, and the laws of the state in which your billtng address in our records is located, <br />Foreign laws do not apply. Arbitration proceedings or any actions to enforce an arbitration award must be in the state where your <br />Service Is principally provided, but not outside the U.S. <br /> <br />24. Additional Terms for PreDald Customers. You are responsible for prepaying all charges for using the Service, The airtime balance in <br />your prepaid account is reduced by the charges attributable to your use of the Service, Service lasts as long as the earlier of a) the time <br />period on a prepaid card or coupon or b) when the airtime balance goes to zero, then Service will be interrupted, You may continue to use <br />Service by purchasing additional prepaid Service, If your account expires, you may lose your Number, You will not receive a monthly bill or <br />activity record, Prepaid Service is non.refundable (even If returned during the return period), and no refunds or other compensation <br />will be given for unused airtime balances, lost or stolen prepaid cards or coupons. Applicable Taxes & Fees will be Included in <br />your prepaid charges. <br /> <br />25. Additional Terms for SmarlAccess Customers. SmartAccess is subject to credit eligibility, determined in our discretion, We may <br />suspend Service to any Number without prior notice if your account balance exceeds your spending limit or you are late with a payment <br />(whether or not you exceed your spending limit), If we suspend Service because your balance exceeds your spending limit, we may, in our <br />sole discretion, reinstate Service after you make a payment that reduces your account balance and your account is not in arrears. If we <br />suspend Service because you are late with payment, we may, in our sole discretion, reinstate Service if you pay the enlire balance owing on <br />your account. Regardiess of suspension, you will be liable for all charges for Service under the Agreement, including monthiy Service and <br /> <br />SI/) <br /> <br />- 9 - <br /> <br />Business Safes 040206 <br />