Terms of Service

Effective Date: January 20, 2010

These terms of service (the “Terms”) are a contract between HTC America, Inc. (“HTC”) and you. Please read them carefully. They apply to the Year of Rewards program (the “Program”) and the Year of Rewards website at yearofrewards.com (the “Website”). By enrolling in the Program or accessing and using the Website, you agree to be bound by these Terms. If you do not wish to be bound by these Terms, do not access or use the Website or enroll in the Program.

HTC reserves the right to change these Terms or terminate the Program at any time in accordance with Section 16. Sections 11 and 12 of these Terms disclaim all warranties, express or implied, in connection with the Program and the Website and limit HTC’s liability. Please read these Sections carefully.

  1. Program Requirements. The Program is open to legal residents of the 50 United States and Puerto Rico who are 18 years and older* and who are T-Mobile Subscribers in good standing with T-Mobile and have a valid T-Mobile Service contract at the time of enrollment in the Program. *Certain offers may require that the Program participant be accompanied by an individual 21 years or older to redeem the discount or reward. Participants in the Program must purchase and activate a T-Mobile Shadow, HTC Touch Pro2 or T-Mobile Dash 3G at participating T-Mobile retail stores or via the T-Mobile online retail store at www.T-Mobile.com between 1/20/10 and 3/23/10. New customers must become a T-Mobile subscriber and activate the HTC phone. Existing customers must activate the HTC phone on their T-Mobile account.
  2. Program Deadlines. Participants in the Program must register for this offer on this Website between 1/20/10 and 4/23/10. Follow the instructions to enter a mobile phone number and create a password to use each time you visit the Website. Program begins 12:01 a.m. PST 1/20/10 and ends 12:00 a.m. PST 3/23/10.
  3. Monthly Communications. When you enroll in the Program, you can select how you wish to receive communications each month from HTC (by email, by text message or both) regarding that month's discount offer or reward. If you elect to receive communications via text message, standard message and data rates may apply. HTC is not responsible for undelivered email or text reminders. You may opt out of receiving email by following the unsubscribe instructions in the email reminder or within the Program terms. You can stop receiving text message reminders by texting “STOP” to 1619.
  4. How to Redeem an Offer. Each month, following receipt of your monthly email or text reminder, log onto the Website any day during that month to receive the information necessary to redeem that month's discount offer or reward, including your unique promotion code for that month and the website address or phone number to redeem your discount offer or reward. Discount offers or rewards are redeemable online or by phone, as indicated in the applicable terms and conditions.
  5. General Program Terms. Void where prohibited by law. This Program is subject to all applicable federal, state and local laws. You must redeem a reward or discount during the month it is offered although the reward or discount will be valid for the period of time indicated in the terms and conditions for that offer. Rewards and discounts may not be combined with other offers, transferred, assigned or sold by Program participants. Limit one (1) discount or reward offer redemption per HTC phone per month. Puerto Rico discounts and rewards may vary from the discounts and rewards offered in the 50 United States. Program made available by HTC America, Inc., 13920 SE Eastgate Way Suite 400, Bellevue, WA 98005, which provides access to the rewards and discounts provided by third parties. Any attempt at fraudulent behavior or behavior that does not comply with these Terms or the terms of the third parties offering the discounts and rewards will not be honored and may be prosecuted. HTC is not responsible for attempts at discount or reward redemption that do not comply with these Terms or the terms of the third parties offering the discounts and rewards. Restrictions apply; all discounts and rewards are subject to change, are not redeemable for cash, and are not transferable or substitutable except by the provider of the discount offer or reward with one of equal or greater value. Discount offers and rewards may be subject to any additional terms and conditions of their respective providers. HTC reserves the right to terminate the Program at any time without notice. . By participating in the Program, you agree to be bound by these Terms and any terms, conditions and restrictions of the respective third party providers. You agree to look solely to the third party providers with respect to the discounts and rewards they make available through the Program.
  6. Support. HTC does not offer customer support for the Website. If you have questions about the Program, call: 1-800-893-8262 Monday – Friday, except United States federal holidays, 9am-5pm (PST).
  7. Passwords; Attribution of Electronic Acts to You. The Website requires you to create and register with a password. You are responsible for maintaining the confidentiality of your password. You agree that if your password is used on the Website, HTC may attribute that use to you and you will be legally bound by it and responsible for any and all activities that occur under your account. You agree to notify HTC immediately of any unauthorized use of your account or any other breach of security. HTC may change your password at any time.
  8. Website Use. The Website may not always be available. HTC reserves the right to change or remove, and restrict or block access to, all or any part of the Website at any time without notice. HTC and its suppliers own all information, graphics, text, images, sound files, video and other materials, as well as the selection and arrangement of the materials, that are provided through this Website (“Content”). You may view, copy, print and use Content from this Website solely for personal and noncommercial purposes. You may not alter any Content in any way, including removing copyright, trademarks or other proprietary rights notices. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any Content without HTC’s prior, written (non-electronic) consent. You may not use or export Content in violation of U.S. export laws and regulations or these Terms. All rights not expressly granted to you in these Terms are reserved and remain with HTC.
  9. No Unsolicited Feedback. HTC does not wish to receive your suggestions for improving HTC products, services, the Program or the Website (“Feedback”). Please do not submit unsolicited Feedback through the Website, via the Program or through any other means to HTC. If you do submit or provide Feedback to HTC, you irrevocably assign to HTC all right, title, and interest throughout the world in such Feedback without the right to any compensation or royalties from HTC. Further, you irrevocably waive and agree never to assert any claims against HTC or any of HTC’s successors-in-interest with respect to Feedback you submit or provide to HTC.
  10. Third Party Website Links. The Website may contain links to third party web sites ("Linked Websites"). The Linked Websites are not under HTC’s control and HTC is not responsible for any Linked Website. HTC provides these links as a convenience and the inclusion of any link does not imply endorsement by HTC or an association with its operators. When you access a Linked Website, you do so at your own risk.
  11. No Warranties. The Website, Content, and the Program are provided “AS IS,” “WITH ALL FAULTS” and "AS AVAILABLE," and the entire risk as to satisfactory quality, performance, accuracy and effort is with you to the maximum extent permitted by applicable law. HTC and its suppliers make no representations, warranties or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You may have additional consumer rights under your local laws that these Terms cannot change.
  12. Damage Exclusions; Limitation of Liability.In no event will HTC or any supplier be liable for any consequential, special, incidental, indirect or punitive damages, including damages for loss of confidential or other information, for personal injury, property damage, for loss of privacy, for failure to meet any duty of good faith or reasonable care, for negligence and for any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to the Website, Content, or the Program, even if HTC or any supplier has been advised of the possibility of such damages. HTC’s and its suppliers’ maximum, aggregate liability to you, and your exclusive remedy under these Terms, for any and all damages, injury, property damage and losses arising from any and all claims and causes of action related in any way to the Website, Content, or the Program will be to recover the actual damages you incur up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to the Website, Content, or the Program will not enlarge or extend the limitation of money damages. These actual money damages will be your sole remedy.

    13. The damage exclusions and limitations of liability in this Section 12 will apply even if any remedy fails of its essential purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions of damages may not apply to you.

  13. Independent Remedies.The exclusion of damages under Section 12 is independent of your exclusive remedy in Section 12 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the damage exclusions in Section 12 apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
  14. Privacy. To operate and provide the Website, HTC may collect certain information about you. HTC uses and protects that information as described on the Website and in the Privacy Statement for the Program. Personal information collected through the Website may be stored and processed in the United States or any other country in which HTC and its suppliers maintain facilities.
  15. Applicable Law and Forum. The laws of Washington state govern the interpretation of these Terms and apply to claims for breach of it regardless of conflict of laws principles. Any other claims, including claims regarding consumer protection laws and in tort, will be subject to the laws of your state of residence in the United States. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts in King County, Washington for any and all disputes, claims and actions arising from or in connection with the Website, the Program and these Terms.
  16. Changes to these Terms; Termination of the Program. HTC reserves the right to change these Terms for the Website and the Program at any time. HTC will post the updated version of these Terms on the Website, and the updated version will be effective on the date of posting unless otherwise indicated. Your continued use of the Website and participation in the Program after the updated version becomes effective constitute your binding acceptance of the updated Terms. If you do not agree to any updated version, you should discontinue your participation in the Program and your use of the Website. HTC reserves the right to terminate these Terms, the Program and your access to the Website or any portion thereof at any time, without notice. Sections 9, 11, 12, 13, 15, 17 and 19 will survive termination of the Program or your access to the Website.
  17. General. If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, then it will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The Section titles in these Terms are used only for the parties’ convenience and have no legal or contractual significance. HTC may assign these Terms, in whole or in part, at any time with or without notice to you. HTC’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Statement) constitute the entire agreement between you and HTC with respect to the Website, the Content and the Program. These Terms supersede all prior or contemporaneous communications of any kind between you and HTC with respect to the Website, Content and the Program.
  18. Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in some way on the Website that constitutes copyright infringement, please provide the written notice specified below to HTC’s copyright agent. Please note that HTC provides the following procedure only for you to notify HTC that your copyrighted material may have been infringed. Any other inquiries, such as requests for technical assistance, will not receive a response through this process. Please submit the following information in writing to HTC’s copyright agent:
    • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
    • A detailed description of the location where the material you claim to be infringed is posted on the Website so that HTC can locate the material;
    • Your postal address, telephone and email address so that HTC can contact you, if necessary, regarding your notice;
    • A statement that you have 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; and
    • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

    HTC’s agent for notice of claims of copyright infringement on the Website can be reached as follows:

    Legal Department
    HTC America, Inc.
    13920 SE Eastgate Way, Suite 400
    Bellevue, WA 98005
    Phone: (425) 679-5318
    Fax: (425) 861-1715
    Email: copyright_NA@htc.com

  19. Copyright and Trademark Notices. All contents of the Website are © 2010 HTC Corporation and/or its suppliers, No. 23 Xing-Hua Rd., 330 Taoyuan City, Taiwan R.O.C. All rights reserved. Copyright and other intellectual property laws and treaties protect any software and content provided on the Website. HTC and/or its suppliers own the title, copyright and other intellectual property rights in the Website. The HTC logo, the HTC quietly brilliant logo and/or other HTC products and services referenced on the Website are the trademarks of HTC Corporation. All other company names, product names, service names and logos referenced on the Website may be the trademarks of their respective owners.