HTC 0PAJ500 Smartphone User Manual Regulatory Guide

HTC Corporation Smartphone Regulatory Guide

Regulatory Guide

Important Information
for the HTC One® (E8)
Important Safety Information – page 2
Manufacturer’s Warranty – page 20
General Terms and Conditions of Service – page 42
Important Message from Sprint – page 73
2 Important Safety Information Important Safety Information 3
Important Safety
Information
♦General Precautions (page 2)
♦Maintaining Safe Use of and Access to Your
Phone (page 3)
♦Important Health Information and Safety
Precautions (page 5)
♦Regulatory Agency Identiications (page
10)
♦FCC Hearing-Aid Compatibility (HAC)
Regulations for Wireless Devices (page 10)
♦Caring for the Battery (page 11)
♦Exposure to Radio Frequency Energy (page
13)
♦Owner’s Record (page 17)
♦Proprietary Notice (page 17)
♦Disposing Notice (page 17)
This booklet contains important operational
and safety information that will help you safely
use your phone. Failure to read and follow the
information provided in this booklet may result in
serious bodily injury, death, or property damage.
General Precautions
There are several simple guidelines to operating
your phone properly and maintaining safe,
satisfactory service.
• To maximize performance, do not touch the
bottom portion of your phone where the
internal antenna is located while using the
phone.
• Speak directly into the mouthpiece.
• Avoid exposing your phone and accessories to
rain or liquid spills. If your phone does get wet,
immediately turn the power off and remove the
battery.
• Do not expose your phone to direct sunlight
for extended periods of time (such as on the
dashboard of a car).
• Although your phone is quite sturdy, it is a
complex piece of equipment and can be
broken. Avoid dropping, hitting, bending, or
sitting on it.
• Any changes or modiications to your phone
not expressly approved in this document could
void your warranty for this equipment and void
your authority to operate this equipment.
Note: For the best care of your device, only Sprint-
authorized personnel should service your
phone and accessories. Failure to do so may
be dangerous and void your warranty.
Maintaining Safe Use of and Access to
Your Phone
Do Not Rely on Your Phone for Emergency
Calls
Mobile phones operate using radio signals, which
cannot guarantee connection in all conditions.
Therefore you should never rely solely upon
any mobile phone for essential communication
(e.g., medical emergencies). Emergency calls
may not be possible on all cellular networks or
when certain network services or mobile phone
features are in use. Check with your local service
provider for details.
Using Your Phone While Driving
Talking on your phone while driving (or operating
the phone without a hands-free device) is
prohibited in some jurisdictions. Laws vary as
to speciic restrictions. Remember that safety
always comes irst.
4 Important Safety Information Important Safety Information 5
and the safety of other passengers, always follow
crew instructions regarding the use of your
phone.
Turning Off Your Phone in Dangerous Areas
To avoid interfering with blasting operations, turn
your phone off when in a blasting area or in other
areas with signs indicating two-way radios should
be turned off. Construction crews often use
remote-control RF devices to set off explosives.
Turn your phone off when you’re in any area that
has a potentially explosive atmosphere. Although
it’s rare, your phone and accessories could
generate sparks. Sparks can cause an explosion
or ire, resulting in bodily injury or even death.
These areas are often, but not always, clearly
marked. They include:
• Fueling areas such as gas stations.
• Below deck on boats.
• Fuel or chemical transfer or storage facilities.
• Areas where the air contains chemicals or
particles such as grain, dust, or metal powders.
• Any other area where you would normally be
advised to turn off your vehicle’s engine.
Note: Never transport or store lammable gas,
lammable liquids, or explosives in the
compartment of your vehicle that contains
your phone or accessories.
Restricting Children’s Access to Your Phone
Your phone is not a toy. Do not allow children to
play with it as they could hurt themselves and
others, damage the phone or make calls that
increase your Sprint invoice.
Important Health Information and
Safety Precautions
When using this product, the safety precautions
below must be taken to avoid possible legal
liabilities and damages.
Tip: Purchase an optional hands-free accessory
at your local Sprint Store, or call Sprint at
1-866-866-7509.
Following Safety Guidelines
To operate your phone safely and eficiently,
always follow any special regulations in a given
area. Turn your phone off in areas where use is
forbidden or when it may cause interference or
danger.
Using Your Phone Near Other Electronic
Devices
Most modern electronic equipment is shielded
from radio frequency (RF) signals. However,
RF signals from wireless phones may affect
inadequately shielded electronic equipment.
RF signals may affect improperly installed or
inadequately shielded electronic operating
systems or entertainment systems in motor
vehicles. Check with the manufacturer or their
representative to determine if these systems are
adequately shielded from external RF signals.
Also check with the manufacturer regarding any
equipment that has been added to your vehicle.
Consult the manufacturer of any personal
medical devices, such as pacemakers and
hearing aids, to determine if they are adequately
shielded from external RF signals.
Note: Always turn off the phone in healthcare
facilities, and request permission before using
the phone near medical equipment.
Using Your Phone While Flying
Use of cell phones may be restricted on aircraft.
Please check with your airline to see what
restrictions may apply. You may be required
to turn off your phone at certain times. Use of
your phone’s cellular connection and use of
your phone for voice communications may be
prohibited by law or airline policy. For your safety
6 Important Safety Information Important Safety Information 7
AC Adapter: HTC, TC U250
• Handle battery packs carefully
This product contains a Lithium-ion polymer
or Lithium-ion battery. There is a risk of ire and
burns if the battery pack is handled improperly.
Do not attempt to open or service the battery
pack. Do not disassemble, crush, puncture,
short external contacts or circuits, dispose
of in ire or water, or expose a battery pack to
temperatures higher than 60˚C (140˚F).
WARNING: To reduce risk of ire or
burns, do not disassemble, crush,
puncture, short external contacts,
expose to temperature above 60° C
(140° F), or dispose of in ire or water.
Recycle or dispose of used batteries
according to the local regulations or
reference guide supplied with your
product.
Take Extra Precautions
• Keep the device dry and away from water or any
liquid as it may cause a short circuit.
• The phone should only be connected to
products that bear the USB-IF logo or have
completed the USB-IF compliance program.
• Only use the battery with a charging system
that has been qualiied with the system per this
standard, IEEE-Std-1725. Use of an unqualiied
battery or charger may present a risk of ire,
explosion, leakage or other hazard.
• Avoid dropping the phone. If the phone or
battery is dropped, especially on a hard
surface, and the user suspects damage, take it
to a service centre for inspection.
Retain and follow all product safety and operating
instructions. Observe all warnings in the
operating instructions on the product.
To reduce the risk of bodily injury, electric shock,
ire, and damage to the equipment, observe the
following precautions.
Electrical Safety
This product is intended for use when supplied
with power from the designated battery or power
supply unit. Other usage may be dangerous and
will invalidate any approval given to this product.
Safety Precautions for Proper Grounding
Installation
CAUTION:
Connecting to improperly grounded
equipment can result in an electric shock to your
device.
This product is equipped with a USB Cable for
connecting with desktop or notebook computer.
Be sure your computer is properly grounded
(earthed) before connecting this product to the
computer. The power supply cord of a desktop
or notebook computer has an equipment-
grounding conductor and a grounding plug.
The plug must be plugged into an appropriate
outlet which is properly installed and grounded in
accordance with all local codes and ordinances.
Safety Precautions for Power Supply Unit
• Use the correct external power source
A product should be operated only from
the type of power source indicated on the
electrical ratings label. If you are not sure of the
type of power source required, consult your
authorized service provider or local power
company. For a product that operates from
battery power or other sources, refer to the
operating instructions that are included with
the product.
This product should be operated only with the
following designated power supply unit(s).
8 Important Safety Information Important Safety Information 9
▪Do not attempt to disassemble your phone
or its accessories, only authorised personnel
must do so.
• Avoid hot areas
The product should be placed away from
heat sources such as radiators, heat registers,
stoves, or other products (including ampliiers)
that produce heat.
Avoid Using Your Device after a Dramatic
Change in Temperature
When you move your device between
environments with very different temperature
and/or humidity ranges, condensation
may form on or within the device. To avoid
damaging the device, allow suficient time for
the moisture to evaporate before using the
device.
NOTICE: When taking the device from
low-temperature conditions into a warmer
environment or from high-temperature
conditions into a cooler environment, allow
the device to acclimate to room temperature
before turning on power.
• Avoid pushing objects into product
Never push objects of any kind into cabinet
slots or other openings in the product. Slots
and openings are provided for ventilation.
These openings must not be blocked or
covered.
• Adjust the volume
Turn down the volume before using
headphones or other audio devices.
• Cleaning
Unplug the product from the wall outlet before
cleaning. Do not use liquid cleaners or aerosol
cleaners. Use a damp cloth for cleaning, but
NEVER use water to clean the LCD screen.
• If the battery leaks:
▪Do not allow the leaking luid to come in
contact with skin or clothing. If already in
contact, lush the affected area immediately
with clean water and seek medical advice.
▪Do not allow the leaking luid to come in
contact with eyes. If already in contact, DO
NOT rub; rinse with clean water immediately
and seek medical advice.
▪Take extra precautions to keep a leaking
battery away from ire as there is a danger of
ignition or explosion.
Electrical Safety
• Accessories
▪Use only approved accessories.
▪Do not connect with incompatible products
or accessories.
• Connection to a car
Seek professional advice when connecting
a phone interface to the vehicle electrical
system.
• Faulty and damaged products
▪Do not attempt to disassemble the phone or
its accessory.
▪Only qualiied personnel must service or
repair the phone or its accessory.
General Precautions
You alone are responsible for how you use your
phone and any consequences of its use. You
must always switch off your phone wherever the
use of a phone is prohibited. Use of your phone is
subject to safety measures designed to protect
users and their environment.
• Protect your phone
▪Do not use harsh chemicals, cleaning
solvents, or aerosols to clean the device or its
accessories.
10 Important Safety Information Important Safety Information 11
be some newer wireless technologies used in
this phone that have not been tested yet for
use with hearing aids. It is important to try the
different features of this phone thoroughly and
in different locations, using your hearing aid or
cochlear implant, to determine if you hear any
interfering noise. Consult your service provider or
the manufacturer of this phone for information on
hearing aid compatibility. If you have questions
about return or exchange policies, consult your
service provider or phone retailer.
The ratings are not guarantees. Trying out the
phone with your hearing device is the best way
to evaluate it for your personal needs. Results
will vary depending on a user’s hearing device
and hearing loss. For example, if some wireless
phones are used near some hearing devices,
users may detect a buzzing, humming, or whining
noise. Some hearing devices are more immune
than others to this interference noise, and phones
also vary in the amount of interference they
generate. If your hearing device happens to be
vulnerable to interference, you may not be able to
use a rated phone successfully.
Please power off the Bluetooth function while
using hearing aid devices with your HTC One.
For information about hearing aids and digital
wireless phones
• FCC Hearing Aid Compatibility and Volume
Control:
http://www.fcc.gov/cgb/dro/hearing.html
• Hearing Aid Compatibility for Wireless
Telephones:
http://www.fcc.gov/guides/hearing-aid-
compatibility-wireless-telephones
Caring for the Battery
Protecting Your Battery
The guidelines listed below help you get the most
out of your battery’s performance.
Regulatory Agency Identiications
For regulatory identiication purposes, your
product is assigned a model number of 0PAJ500.
To ensure continued reliable and safe operation
of your device, use only the HTC qualiied battery
with your 0PAJ500. Battery Pack, model number
B0P6B100.
Operating temperature range: 32°F to 104°F (0°C
to 40°C)
FCC Hearing-Aid Compatibility (HAC)
Regulations for Wireless Devices
The FCC has adopted rules to ensure reasonable
access to telecommunications services for
persons with hearing disabilities. As part of
this effort, the industry uses a rating system for
wireless phones to help hearing device users ind
phones that may be compatible with their hearing
devices (hearing aids and cochlear implants). This
hearing-aid compatibility (HAC) rating system is
described in the American National Standards
Institute (ANSI) C63.19 standard and includes the
following ratings:
M-Ratings: For phones that use acoustic coupling
with hearing devices that are not operating in
telecoil mode. Phones rated M3 or M4 meet FCC
HAC requirements and are likely to generate
less radio frequency interference with hearing
devices than phones with lower ratings. M4 is the
better/higher of the two ratings. Your HTC One is
rated M4.
T-Ratings: For phones that use inductive coupling
with hearing devices operating in telecoil
mode. Phones rated T3 or T4 meet FCC HAC
requirements and are likely to be more usable
with a hearing aid’s telecoil than phones that
are not rated. T4 is the better/higher of the two
ratings. Your HTC One is rated T4.
This phone has been tested and rated for use
with hearing aids for some of the wireless
technologies that it uses. However, there may
Important Safety Information 13
Disposal of Lithium Ion (Li-Ion) Batteries
Do not handle a damaged or leaking Li-Ion battery
as you can be burned.
For safe disposal options of your Li-Ion batteries,
contact your nearest Sprint authorized service
center.
Special Note: Be sure to dispose of your battery
properly. In some areas, the disposal of batteries
in household or business trash may be prohibited.
Exposure to Radio Frequency Energy
Your wireless device has an internal antenna
that emits radio frequency (RF) energy. Human
exposure to RF energy has been and continues to
be the subject of scientiic research. According
to the U.S. Food and Drug Administration (FDA),
“the weight of scientiic evidence has not linked
cell phones with any health problems.” You can
access this FDA publication and other information
on human exposure to RF energy at:
U.S. Food and Drug Administration:
http://www.fda.gov/Radiation-EmittingProducts/
RadiationEmittingProductsandProcedures/
HomeBusinessandEntertainment/CellPhones/
ucm116282.htm
Federal Communications Commission:
http://www.fcc.gov/encyclopedia/radio-frequency-
safety
NIH National Institute of Environmental Health
Sciences:
http://www.niehs.nih.gov/health/topics/agents/
cellphones/
Health Canada:
http://www.hc-sc.gc.ca/hl-vs/iyh-vsv/prod/cell-eng.
php
World Health Organization:
http://www.who.int/mediacentre/factsheets/fs193/
en/
12 Important Safety Information
• Recently there have been some public reports
of wireless phone batteries overheating,
catching ire, or exploding. It appears that
many, if not all, of these reports involve
counterfeit or inexpensive, aftermarket-brand
batteries with unknown or questionable
manufacturing standards. Sprint is not aware
of similar problems with Sprint phones
resulting from the proper use of batteries
and accessories approved by Sprint or the
manufacturer of your phone. Use only Sprint-
approved or manufacturer-approved batteries
and accessories found at Sprint Stores or
through your phone’s manufacturer, or call
1-866-866-7509 to order. They’re also available
at sprint.com/accessories. Buying the right
batteries and accessories is the best way to
ensure they’re genuine and safe.
• In order to avoid damage, charge the battery
only in temperatures that range from 32° F to
104° F (0° C to 40° C).
• Don’t use the battery charger in direct
sunlight or in high humidity areas, such as the
bathroom.
• Never dispose of the battery by incineration.
• Keep the metal contacts on top of the battery
clean.
• Don’t attempt to disassemble or short-circuit
the battery.
• The battery may need recharging if it has not
been used for a long period of time.
• It’s best to replace the battery when it no longer
provides acceptable performance. It can be
recharged hundreds of times before it needs
replacing.
• Don’t store the battery in high temperature
areas for long periods of time. It’s best to follow
these storage rules:
▪-4° F to 104° F (-20° C to 40° C)
14 Important Safety Information Important Safety Information 15
IEEE Committee on Man and Radiation:
http://ewh.ieee.org/soc/embs/comar/
International Commission on Non-Ionizing
Radiation Protection:
http://www.icnirp.de/
Speciic Absorption Rate (SAR) Testing
Your device has been designed to comply with
applicable limits for RF exposure. These limits
use a unit of measurement called Speciic
Absorption Rate, or SAR, which refers to the
rate at which the body absorbs RF energy. The
Federal Communications Commission (FCC) has
established a SAR limit for mobile phones of 1.6 W/
kg, which applies in the United States and other
countries that follow the FCC’s SAR limit. This limit
is based upon standards developed by expert
non-government organizations, such as the
Institute of Electrical and Electronics Engineers
(IEEE) and the National Council on Radiation
Protection and Measurements (NCRP), and input
from other federal agencies such as the FDA and
EPA. In countries that follow the Council of the
European Union, the SAR limit is 2.0 W/kg.
SAR testing is conducted with the device placed
in common operating positions (e.g., held against
the head, worn on the body) and transmitting
at its highest certiied power level in each
frequency band of operation. Because the device
is transmitting at its highest certiied power
level, SAR tests capture a worst-case operating
scenario and therefore often do not relect the
amount of RF exposure during normal, everyday
use. More information on SAR testing is available
on the FCC’s website at http://www.fcc.gov/guides/
wireless-devices-and-health-concerns.
HTC Corp. submitted SAR test results
demonstrating compliance with the FCC’s SAR
limit for wireless devices as part of the FCC’s
equipment certiication process for this device.
These results can be accessed via the FCC’s
equipment authorization database (found at
http://transition.fcc.gov/oet/ea/fccid/) by searching
for the device’s FCC ID: NM80PAJ500.This device’s
maximum SAR values as reported to the FCC are:
SAR Information
Head: 1.19 W/kg@1g
Body: 0.52 W/kg@1g
This device was tested for typical body-worn
operations. A minimum separation distance must
be maintained between the user’s body and the
handset, including the antenna:
• 1 cm to comply with the RF exposure requirements
in the U.S.
Third-party belt-clips, holsters, and similar
accessories used by this device should not
contain any metallic components. Body-worn
accessories that do not meet these requirements
may not comply with RF exposure requirements
and should be avoided.
Reducing RF Exposure
Organizations such as the FCC have identiied the
following measures to reduce your exposure to
RF energy:
• Use speaker mode or a hands-free accessory
to minimize time spent with the wireless device
held against your head;
• Increase the distance between the wireless
device and your head and body; and
• Send texts instead of making or receiving voice
calls.
For more information, see the FCC’s web page on
Wireless Devices and Health Concerns at http://
www.fcc.gov/guides/wireless-devices-and-health-
concerns.
16 Important Safety Information Important Safety Information 17
• Reorient the direction of the internal antenna.
• Increase the separation between the
equipment and receiver.
• Connect the equipment into an outlet on a
circuit different from that to which the receiver
is connected.
• Consult the dealer or an experienced radio/TV
technician for help.
Owner’s Record
The model number, regulatory number, and serial
number are located on a nameplate inside the
battery compartment. Record the serial number
in the space provided below. This will be helpful
if you need to contact us about your phone in the
future.
Model: 0PAJ500
Serial No.:
Proprietary Notice
© 2013-2014 HTC Corporation. All rights reserved.
HTC, the HTC logo, HTC One, and the HTC One
logo are trademarks of HTC Corporation.
Disposing Notice
Disposing of Your Phone
Like many electronic devices, your phone
contains materials and substances that may be
FCC RF Radiation Exposure Statement
This equipment has been tested and found
to comply with co-location compliance
requirements for built-in Bluetooth and WLAN.
This equipment must not be co-located or
operated in conjunction with any other antenna
or transmitter.
FCC Notice
This device complies with Part 15 of the FCC
Rules. Operation is subject to the following two
conditions:
(1) this device may not cause harmful interference,
and (2) this device must accept any interference
received, including interference that may cause
undesired operation.
Changes or modiications not expressly approved
by the party responsible for compliance
could void the user’s authority to operate the
equipment.
Note: This equipment has been tested and found
to comply with the limits for a Class B digital
device, pursuant to Part 15 of the FCC Rules.
These limits are designed to provide reasonable
protection against harmful interference in a
residential installation. This equipment generates,
uses and can radiate radio frequency energy and,
if not installed and used in accordance with the
instructions, may cause harmful interference to
radio communications.
However, there is no guarantee that interference
will not occur in a particular installation.
If this equipment does cause harmful interference
to radio or television reception, which can be
determined by turning the equipment off and
on, the user is encouraged to try to correct the
interference by one or more of the following
measures:
18 Important Safety Information Important Safety Information 19
hazardous to the environment if not properly
disposed of. Additionally, discarding a mobile
phone in a landill may be illegal in some
jurisdictions. For information on how to safely
dispose of your phone, please refer to Sprint’s
recycling information at sprint.com/recycle. You
may also safely dispose of this phone through
HTC’s free mail-back program at freeurecycle.
com.
20 Manufacturer's Warranty Manufacturer's Warranty 21
Manufacturer’s
Warranty
Your device has been designed to provide you
with reliable, worry-free service. If for any reason
you have a problem with your equipment, please
refer to the manufacturer’s warranty in this
section.
For information regarding the terms and
conditions of service for your device, please visit
sprint.com or call Sprint Customer Service at
1-888-211-4727.
HTC End User License Agreement
HTC LIMITED WARRANTY
PLEASE READ THIS LIMITED WARRANTY
CAREFULLY TO UNDERSTAND YOUR RIGHTS
AND OBLIGATIONS. THIS LIMITED WARRANTY
CONTAINS A MANDATORY ARBITRATION
AGREEMENT.
BY USING YOUR HTC PRODUCT OR ACCESSORY,
YOU AGREE TO THE LIMITED WARRANTY AND
ARBITRATION AGREEMENT BELOW. IF YOU
DO NOT ACCEPT THIS LIMITED WARRANTY OR
ARBITRATION AGREEMENT, DO NOT USE YOUR
HTC PRODUCT. INSTEAD, PLEASE RETURN IT
WITHIN FOURTEEN (14) DAYS OF PURCHASE TO
THE PROVIDER OR RETAILER FROM WHOM YOU
PURCHASED IT FOR A REFUND. SOME STATES,
PROVINCES OR WIRELESS SERVICE PROVIDERS
ALLOW A LONGER RETURN PERIOD, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
DEFINITIONS
The following deinitions apply to this Limited
Warranty:
1. “Product” means a new mobile device
manufactured by or for HTC and purchased
from an authorized retailer that can be
identiied by the “HTC” trademark, trade
name, or logo afixed to the mobile device as
originally supplied.
2. “Screen Replacement Eligible Product”
means a Product intended to be sold in the
United States (i) that is a new mobile device
from the HTC One family manufactured by or
for HTC; (ii) purchased on or between March
25, 2014 and September 30, 2014 from an
authorized retailer; (iii) that can be identiied
by the “HTC” trademark, trade name, or logo
afixed to the mobile device as originally
supplied such as the following models:
99HYK010-00, 99HYK012-00, 99HYK178-00,
99HYJ002-00, 99HYJ004-00, 99HYJ007-00,
99HYH002-00, 99HYH013-00, 99HYH008-00,
99HYH018-00, 99HYK010-01, 99HYK012-01,
99HYK178-01, 99HYJ002-01, 99HYJ004-01,
99HYJ007-01, 99HYH002-01, 99HYH013-01,
99HYH008-01, 99HYH018-01; and (iv) that is
mechanically and electrically sound (i.e. it
must power on) at the time You submit it to
HTC for warranty service. Notwithstanding
the previous sentence, HTC may designate
additional Products as Screen Replacement
Eligible Products for purposes of this HTC
Limited Warranty. For a current list of Screen
Replacement Eligible Products entitled to
the Screen Replacement Beneit, please
go to: www.htc.com/us/go/screen-eligible-
products/.
3. “Accessory” means a new headset, case,
or other secondary component that is not
afixed to the Product at the time of sale and
included in the box; provided that it was
manufactured by or for HTC and purchased
from an authorized retailer and can be
identiied by the “HTC” trademark, trade
name, or logo afixed to the to the component
as originally supplied.
4. “Warranty Period,” for a Product, means
twelve (12) months from the date You
22 Manufacturer's Warranty Manufacturer's Warranty 23
purchased the Product from an authorized
retailer; and for Accessories, including
any media on which software is provided,
CD-ROM, or memory card, means ninety (90)
days from the date You purchased it from an
authorized retailer; unless You and HTC agree
in writing to a different duration.
5. “Screen Replacement Beneit Period,” for
a Screen Replacement Eligible Product,
means six (6) months from the date You
purchased the Screen Replacement Eligible
Product from an authorized retailer; unless
You and HTC agree in writing to a different
duration.
6. “State” means a State, the District of
Columbia, and any other United States
territory or possession; however, the
Screen Replacement Beneit is not available
in any other United States territory or
possession.
7. “You” or “Your” means the original retail
purchaser and/or original end-user of the
Product, Screen Replacement Eligible
Product or Accessory.
WHAT IS COVERED BY THIS LIMITED
WARRANTY?
During the Warranty Period HTC warrants that the
Product and Accessory will function properly if
used under normal conditions in accordance with
the printed user instruction materials packaged
with the Product and Accessory or posted on-line
(“Limited Warranty”).
This Limited Warranty is given only to You, and
may not be sold, assigned, transferred, or given
in full or in part to any subsequent purchaser or
acquirer of the Product and Accessory or any
other person. This Limited Warranty gives You
speciic legal rights, and You may also have other
rights which vary from State to State, county to
country, or province to province.
WHAT IS NOT COVERED BY THIS LIMITED
WARRANTY?
This Limited Warranty does not apply other than
to the Product and Accessory. It therefore does
not apply to any non-HTC equipment or any
software whatsoever, whether developed by HTC
or a third party, even if packaged with or installed
on the Product or Accessory prior to purchase
by You. Third party manufacturers, suppliers, or
publishers may provide warranties for their own
products and You may contact them directly for
service.
EVEN WITH RESPECT TO THE PRODUCT OR
ACCESSORY YOU PURCHASED, THIS LIMITED
WARRANTY SHALL NOT APPLY:
1. if the Product serial number, the Accessory
date code, the IMEI/MEID number, the water
indicator, or the warranty seal (void label) has
been removed, erased, defaced, or altered, or
is illegible;
2. to any deterioration of the cosmetic
appearance of the Product or Accessory due
to normal wear and tear;
3. to consumable parts, such as batteries or
protective coatings that are reasonably
expected to diminish over time, unless failure
has occurred due to a malfunction.
4. to malfunctions caused by the battery being
improperly installed by You or another person
or by the fact that the seals of the battery
enclosure or the cells are broken or show
evidence of tampering, or by the fact that the
battery has been used in equipment other
than that for which it has been speciied;
5. to malfunctions caused by electrical
surges or other electrical current problems
that are not the fault of the Product or
Accessory;
6. to use not in accordance with the user
manual, rough handling, exposure to
moisture, dampness or extreme thermal
24 Manufacturer's Warranty Manufacturer's Warranty 25
or environmental conditions or a rapid
change in such conditions, corrosion or
oxidation;
7. to unauthorized modiications or
connections, unauthorized opening, repair
by use of unauthorized spare parts, or repair
by an unauthorized person or location;
8. to accidents, forces of nature, or other
actions beyond the reasonable control of
HTC (including but not limited to deiciencies
in consumable parts) unless the defect was
caused directly by a malfunction;
9. to physical damage to the surface of the
Product or Accessory, including but not
limited to cracks or scratches on the LCD
screen or camera lens;
10. to the function of a wireless network or
other system. HTC does not warrant that the
operation of the Product or Accessory will
be uninterrupted or error-free. HTC makes
no warranty regarding the speed or quality
of service provided by a wireless service
provider;
11. where the software loaded on the Product,
including but not limited to the operating
system, needs to be upgraded due to
changes in cellular network parameters or the
availability of an updated operating system, if
such updates can be loaded by You;
12. to any Product in which the bootloader has
been unlocked, or in which the operating
system has been altered, including any failed
attempts to unlock the bootloader or alter the
operating system, regardless whether such
modiications are authorized, approved, or
otherwise sanctioned by HTC; or
13. to malfunctions caused by the use of the
Product or Accessory with or connection of
the Product to an accessory not approved
or provided by HTC or used in any way other
than its intended use and where such defect
is not the fault of the Product itself. Many
companies sell accessories such as internal
or external batteries, rapid chargers, or signal
boosters that may look like HTC Accessories
and/or claim to meet or exceed HTC
speciications. Use of non-HTC accessories
may void this Limited Warranty.
This Limited Warranty is valid and enforceable
only in the country where the Product or
Accessory is intended to be sold. Moreover, if the
Product or Accessory is returned to be repaired
under this Limited Warranty in a country other
than where it was intended to be sold, HTC will
attempt to repair the Product or Accessory but
cannot guarantee the outcome or compatibility
with wireless network(s) outside the intended
destination country. Warranty service availability
and response times may vary from country to
country and may also be subject to a registration
requirement in the country of purchase.
WHAT IS COVERED UNDER THE SCREEN
REPLACEMENT BENEFIT?
During the Screen Replacement Beneit Period
HTC will, at no charge to You, provide one repair
or replacement of a cracked, scratched, or
broken screen of the Screen Replacement Eligible
Product caused by an accident from handling that
is the result of an unexpected and unintentional
external event (e.g. drops) that arises from your
normal daily usage of the Screen Replacement
Eligible Product as intended for such Screen
Replacement Eligible Product (“Screen
Replacement Beneit”).
This Screen Replacement Beneit is given only to
You, and may not be sold, assigned, transferred,
or given in full or in part to any subsequent
purchaser or acquirer of the Product or any other
person. This Screen Replacement Beneit gives
You speciic legal rights, and You may also have
other rights which vary from State to State.
26 Manufacturer's Warranty Manufacturer's Warranty 27
WHAT IS NOT COVERED UNDER THE
SCREEN REPLACEMENT BENEFIT?
This Screen Replacement Beneit does not apply
other than to the Screen Replacement Eligible
Product. It therefore does not apply to any non-
eligible product, non-HTC equipment or any
software whatsoever, whether developed by HTC
or a third party, even if packaged with or installed
on the Screen Replacement Eligible Product prior
to purchase by You. Third party manufacturers,
suppliers, or publishers may provide warranties
for their own products and You may contact them
directly for service.
EVEN WITH RESPECT TO THE SCREEN
REPLACEMENT ELIGIBLE PRODUCT THAT YOU
PURCHASED, THIS SCREEN REPLACEMENT
BENEFIT SHALL NOT APPLY:
1. if the Screen Replacement Eligible Product
serial number or the IMEI/MEID number has
been removed, erased, defaced, or altered, or
is illegible;
2. if the battery of the Screen Replacement
Eligible Product was improperly installed by
You or another person or if the seals of the
battery enclosure or the cells of the Screen
Replacement Eligible Product are broken or
show evidence of tampering, or if the battery
of the Screen Replacement Eligible Product
has been used in equipment other than that
for which it has been speciied;
3. if the Screen Replacement Eligible Product
has suffered unauthorized modiications or
connections, unauthorized opening, repair by
use of unauthorized spare parts, or repair by
an unauthorized person or location;
4. if the screen of the Screen Replacement
Eligible Product was damaged by use not
in accordance with the user manual, rough
handling beyond normal use, exposure to
moisture, dampness or extreme thermal
or environmental conditions, or a rapid
change in such conditions, corrosion or
oxidation.
This Screen Replacement Beneit is valid and
enforceable only in the United States (excluding
territories and possessions) where the Screen
Replacement Eligible Product is intended to
be sold. Moreover, if the Screen Replacement
Eligible Product is returned to be repaired under
this Screen Replacement Beneit in a country
other than the United States, HTC will return the
Screen Replacement Eligible Product unrepaired.
DISCLAIMER AND LIMITATION OF OTHER
WARRANTIES AND RIGHTS
TO THE EXTENT PERMITTED BY LAW, THIS LIMITED
WARRANTY AND THE REMEDIES SET FORTH
ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, REMEDIES, AND CONDITIONS,
WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS,
OR IMPLIED. HTC DISCLAIMS ALL STATUTORY
AND IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE
AND WARRANTIES AGAINST HIDDEN OR LATENT
DEFECTS, TO THE EXTENT PERMITTED BY LAW.
INSOFAR AS SUCH WARRANTIES CANNOT BE
DISCLAIMED, HTC LIMITS THE DURATION AND
REMEDIES OF SUCH WARRANTIES TO THE
DURATION OF THIS LIMITED WARRANTY AND THE
SCREEN REPLACEMENT BENEFIT AND, AT HTC’S
OPTION, THE REPAIR OR REPLACEMENT SERVICES
DESCRIBED BELOW. Some States do not allow
limitations on how long an implied warranty lasts,
so the above limitation may not apply to You.
HOW DO I OBTAIN WARRANTY SERVICE?
In the event of a perceived malfunction in the
Product or Accessory, You should take the
following actions:
1. Refer to the user manual and/or resources
available at www.htc.com/support in order to
28 Manufacturer's Warranty Manufacturer's Warranty 29
identify and correct the problem. Please note
that opening of the Product or Accessory
may cause damage that is not covered under
the Limited Warranty.
2. If the problem cannot be resolved by
reference to the user manual and/or
resources available at htc.com/support,
You should contact the provider or retailer
from which You purchased the Product or
Accessory, contact an HTC service center,
or visit www.htc.com for further information.
Only HTC or an HTC authorized service center
should perform service on the Product or
Accessory.
3. When You contact the provider, retailer, or
HTC, please be sure to have the following
information available:
(a) The model, serial number, and IMEI/ESN
number of the Product or Accessory.
(b) Your full address and contact
information.
(c) A copy of the original invoice, receipt or
bill of sale for the purchase of the Product or
Accessory. You must present a valid proof of
purchase upon making any claims pursuant
to this Limited Warranty. If no valid proof
of purchase is supplied and the Product or
Accessory was manufactured more than
ifteen (15) months prior to the date the claim
is made, HTC has no obligation to provide
support under the Limited Warranty.
Upon completion of these steps, the provider,
retailer, or HTC will provide You with instructions
regarding how and when the Product or
Accessory should be returned. You may be
responsible for costs in connection with the
return of the Product or Accessory to the provider,
retailer, or HTC.
If You return the Product or Accessory during the
Warranty Period and it satisies the terms of this
Limited Warranty, HTC or its authorized agent will,
at its sole discretion, repair or replace it. Repair or
replacement may involve the use of a functionally
equivalent reconditioned Product and/or parts.
The provider, retailer, or HTC will return the
repaired or replacement Product or Accessory
to You in good working condition. Any Product,
Accessory, or parts or components thereof that
are replaced under the terms of this Limited
Warranty become the property of the provider,
retailer, or HTC.
Rather than ask You to return the Product or
Accessory, HTC may instead elect to supply user-
installable parts directly to You to fulill its Limited
Warranty obligations. You in turn agree to return
the replaced parts if requested by HTC.
Before returning any unit for service, be sure
to back up data and remove any conidential,
proprietary, or personal information, and/or
removable memory from the Product, such
as micro SD cards. HTC is not responsible for
damage to or loss of any programs, data, images,
personal information, or removable storage
media. DURING THE NORMAL REPAIR PROCESS,
THE CONTENTS OF THE PRODUCT WILL LIKELY
BE ERASED, INCLUDING DATA STORED ON EITHER
INSTALLED OR REMOVABLE STORAGE. At HTC’s
sole discretion, the Product or Accessory may be
returned to You in either the original coniguration
or as updated to the newest available software.
HTC reserves the right to restrict warranty service
to the country where the Product or Accessory
was intended to be sold. HTC must be notiied of
a perceived malfunction during the applicable
Warranty Period in order for You to be eligible for
any remedy under the Limited Warranty. Do not
ship Your Product or Accessory directly to HTC
unless You are asked to do so when following the
steps above. If You need to return the Product or
Accessory for warranty service, the steps above
must be followed.
30 Manufacturer's Warranty Manufacturer's Warranty 31
HOW DO I CLAIM THE SCREEN
REPLACEMENT BENEFIT?
In the event of a cracked, scratched or broken
screen of the Screen Replacement Eligible
Product, You should take the following actions:
1. Refer to the resources available at www.
htc.com/support in order to contact an
HTC service center. Only HTC or an HTC
authorized service center should perform
service on the Screen Replacement Eligible
Product.
2. When You contact HTC, please be
sure to have the following information
available:
(a) The model, serial number, and IMEI/ESN
number of the Screen Replacement Eligible
Product.
(b) Your full address and contact
information.
(c) A copy of the original invoice, receipt
or bill of sale for the purchase of the
Screen Replacement Eligible Product. You
must present a valid proof of purchase
upon making any claims for the Screen
Replacement Beneit. If no valid proof of
purchase is supplied, HTC has no obligation
to provide support under the Screen
Replacement Beneit.
Upon completion of these steps, HTC will provide
You with instructions regarding how and when
the Screen Replacement Eligible Product should
be returned. You may be responsible for costs
in connection with the return of the Screen
Replacement Eligible Product to HTC.
If You return the Screen Replacement Eligible
Product during the Screen Replacement Beneit
Period and it satisies the terms of the Screen
Replacement Beneit, HTC or its authorized agent
will, at its sole discretion, repair or replace it.
Repair or replacement may involve the use of a
functionally equivalent reconditioned product
and/or parts. HTC will return the repaired or
replacement product to You in good working
condition. Any Screen Replacement Eligible
Product, parts or components thereof that
are replaced under the terms of the Screen
Replacement Beneit become the property of
HTC.
Before returning any unit for service, be sure
to back up data and remove any conidential,
proprietary, or personal information, and/
or removable memory from the Screen
Replacement Eligible Product, such as micro
SD cards. HTC is not responsible for damage to
or loss of any programs, data, images, personal
information, or removable storage media.
DURING THE NORMAL REPAIR PROCESS, THE
CONTENTS OF THE PRODUCT WILL LIKELY BE
ERASED, INCLUDING DATA STORED ON EITHER
INSTALLED OR REMOVABLE STORAGE. At HTC’s
sole discretion, the Screen Replacement Eligible
Product may be returned to You in either the
original coniguration or as updated to the newest
available software.
HTC must be notiied of the cracked, scratched
or broken screen of the Screen Replacement
Eligible Product during the applicable Screen
Replacement Beneit Period in order for You to
be eligible for any remedy under the Screen
Replacement Beneit. Do not ship Your Screen
Replacement Eligible Product directly to HTC
unless You are asked to do so when following the
steps above. If You need to return the Screen
Replacement Eligible Product for screen repair
service, the steps above must be followed.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND
TO THE MAXIMUM EXTENT PERMITTED BY LAW,
HTC SHALL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY
NATURE WHATSOEVER, INCLUDING BUT NOT
32 Manufacturer's Warranty Manufacturer's Warranty 33
LIMITED TO LOST PROFITS OR COMMERCIAL
LOSS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, LOSS OF DATA, LOSS
OF PRIVACY, OR LOSS OF CONFIDENTIALITY.
NOTWITHSTANDING THE FOREGOING AND
EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL
PURPOSE, HTC AND ITS SUPPLIERS’ ENTIRE
LIABILITY UNDER ANY PROVISION OF THIS LIMITED
WARRANTY SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY THE CUSTOMER FOR THE
PRODUCT. THESE EXCLUSIONS APPLY EVEN IF
HTC HAS BEEN ADVISED OF THE POSSIBILITY
OF THESE DAMAGES. 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.
AGREEMENT TO ARBITRATE DISPUTES
ALL DISPUTES ARISING IN ANY WAY FROM THIS
LIMITED WARRANTY OR THE SALE, CONDITION,
USE OR PERFORMANCE OF THE PRODUCT
AND/OR ACCESSORY SHALL BE RESOLVED
EXCLUSIVELY THROUGH FINAL AND BINDING
ARBITRATION, AND NOT BY A COURT OR JURY.
If You intend to seek arbitration under the
preceding paragraph, You must irst notify HTC of
the dispute in writing at least 30 days in advance
of initiating the arbitration. Notice to HTC should
be sent to HTC Arbitration Program Administrator,
13920 SE Eastgate Way, Suite 200, Bellevue, WA
98005. Similarly, if HTC intends to seek arbitration
under the preceding paragraph, HTC must irst
notify You of the dispute in writing at least 30 days
in advance of initiating the arbitration. The notice
must describe the nature of the claim and the
relief being sought. If You and HTC are unable to
resolve the dispute within 30 days, either You or
HTC may then ile an arbitration claim. HTC will
pay any iling fee charged to initiate the arbitration
as well as any administrative and arbitrator fees
charged later by the arbitral body, unless Your
claim is found to be frivolous.
The arbitration shall be conducted before a
single arbitrator, whose award may not exceed,
in form or amount, the relief that a United States
District Court could order under the Limited
Warranty. The arbitration shall be according to
the American Arbitration Association Commercial
Arbitration Rules applicable to consumer
disputes (the “AAA Rules”), except insofar as those
rules would be inconsistent with any part of this
Limited Warranty, including without limitation the
agreement to arbitrate. The arbitration shall be
held in the county in which You are billed for Your
wireless service.
For any arbitration in which Your total monetary
claims, exclusive of attorney’s fees and expert
witness fees, are $5,000 or less, the arbitrator
may, if You prevail, award Your reasonable
attorney’s fees and expert witness fees as part of
any award, but may not grant HTC its attorney’s
fees, expert witness fees, or costs unless the
arbitrator inds that You brought the claim in
bad faith or that Your claim is frivolous under
applicable legal standards. For claims of $5,000
or less, You may decide whether You would prefer
to have the arbitration decided based only on
documents submitted to the arbitrator, or by a
hearing in person or by phone. In a case where
Your total monetary claims, exclusive of attorney’s
fees and expert witness fees, are greater than
$5,000, the arbitrator may grant to the prevailing
party, or apportion among the parties, reasonable
attorney’s fees, expert witness fees, and costs,
insofar as it is permitted by governing law.
This agreement to arbitrate is subject to the
following additional conditions:
1. Decisions Concerning Arbitrability or
Enforceability: Notwithstanding the AAA
Rules, any decisions concerning arbitrability
of a particular dispute, including but not
limited to whether a class arbitration is
permitted by this Limited Warranty, shall
be resolved by a proper court, rather than
34 Manufacturer's Warranty Manufacturer's Warranty 35
an arbitrator. Any dispute concerning the
enforceability of this agreement to arbitrate,
or any part thereof, shall also be resolved by a
proper court, rather than an arbitrator.
2. Waiver of Class Arbitration: NO DISPUTE
WITHIN THE SCOPE OF THE DISPUTE
RESOLUTION CLAUSE MAY BE COMBINED OR
CONSOLIDATED WITH A DISPUTE INVOLVING
ANY OTHER PERSON’S OR ENTITY’S PRODUCT
OR CLAIM. NO CLASS OR COLLECTIVE
ARBITRATION IS PERMITTED, EVEN IF THE
AAA RULES OR OTHER RULES GOVERNING
THE ARBITRATION WOULD OTHERWISE
PERMIT IT. THE ARBITRATOR IS AUTHORIZED
TO AWARD RELIEF ONLY IN FAVOR OF
THE INDIVIDUAL PARTY SEEKING RELIEF
AND ONLY TO THE EXTENT PERMITTED TO
RESOLVE THAT INDIVIDUAL’S CLAIM, SUBJECT
TO THE RESTRICTIONS IN THIS LIMITED
WARRANTY.
3. Applicability of Agreement to Arbitrate: IF THE
PROHIBITION ON CLASS ARBITRATIONS
SET FORTH ABOVE IS DEEMED TO BE
UNENFORCEABLE, THEN THE AGREEMENT TO
ARBITRATE WILL NOT APPLY.
4. RIGHT TO OPT OUT: This agreement to
arbitrate disputes will apply unless You
notify HTC in writing no later than 30 calendar
days of purchasing the Product or Accessory
that You reject the agreement to arbitrate.
You must include in Your notice of opt-out
(a) Your name and address; (b) the date
on which You purchased the Product or
Accessory; (c) the Product model name;
and (d) the IMEI or MEID or Serial Number of
the Product or Accessory. These numbers
can be found on the Product packaging
and on the Product or Accessory. You must
send Your written notice to HTC Arbitration
Program Administrator, 13920 SE Eastgate
Way, Suite 200, Bellevue, WA 98005. No
other form of notice will be effective to opt
out of this agreement to arbitrate. If You opt
out of the agreement to arbitrate, the Limited
Warranty will still apply to You.
GENERAL PROVISIONS
1. Waiver of Jury Trial: IF A DISPUTE BETWEEN
YOU AND HTC PROCEEDS IN COURT RATHER
THAN OR IN ADDITION TO IN ARBITRATION,
YOU AND HTC UNCONDITIONALLY WAIVE
ANY RIGHT TO TRIAL BY JURY IN ANY ACTION,
PROCEEDING, OR COUNTERCLAIM ARISING
OUT OF OR RELATING TO THIS LIMITED
WARRANTY.
2. Governing Law: The Federal Arbitration
Act (the “FAA”) applies to the agreement
to arbitrate. Except as preempted by FAA,
the law of the State of Washington, without
reference to its choice of laws principles, shall
govern this Limited Warranty. Notwitstanding
the foregoing, the laws of Your state of
residence will apply to any tort claims and/or
any claims under any consumer protection
statutes.
3. Severability: Except as speciically
provided above, if any provision of this
Limited Warranty is held to be invalid
or unenforceable, such invalidity or
unenforceability shall not affect the
enforceability of the remainder of the Limited
Warranty.
HTC END USER LICENSE AGREEMENT
IMPORTANT -- READ CAREFULLY BEFORE USING
THIS SOFTWARE:
This License Agreement (“License Agreement”)
for a certain HTC product is a legal agreement
between you (either an individual or an entity) and
HTC Corporation and its third party suppliers and
licensors (collectively “HTC”) for all the relevant
software (which includes components provided
36 Manufacturer's Warranty Manufacturer's Warranty 37
are subject to the notices and additional terms
and conditions that are referenced in this section.
Such open source software iles are provided on
an “AS IS” basis to the maximum extent permitted
by applicable law.
For the open source ile(s) contained herein,
please access “Open source licenses” section
located at Settings\About\Legal information on the
device for the relevant copyright and licensing
terms. You may obtain a copy of Apache License,
Version 2.0 at http://www.apache. org/licenses/
LICENSE-2.0. You may also obtain a copy of GNU
General Public License, Version 2 at Free Software
Foundation, Inc., 51 Franklin Street, Fifth Floor,
Boston, MA 02110-1301, USA.
ANY THIRD PARTY SOFTWARE THAT MAY BE
PROVIDED WITH THE SOFTWARE IS INCLUDED FOR
USE AT YOUR OPTION. IF YOU CHOOSE TO USE
SUCH THIRD PARTY SOFTWARE, THEN SUCH USE
SHALL BE GOVERNED BY SUCH THIRD PARTY’S
LICENSE AGREEMENT. HTC IS NOT RESPONSIBLE
FOR ANY THIRD PARTY’S SOFTWARE AND SHALL
HAVE NO LIABILITY FOR YOUR USE OF THIRD
PARTY SOFTWARE.
1. GRANT OF LICENSE. HTC hereby grants to
you a non-exclusive, non-transferable and
restricted license to use the Software and any
related documentation (“Documentation”)
subject to the following terms:
You shall use the Software solely in conjunction
with the handheld device in which the Software is
originally embedded.
2. LICENSE RESTRICTIONS.
(a) Except to the extent otherwise expressly
and unambiguously authorized by HTC
or to the extent such restrictions are
explicitly prohibited by applicable law,
you shall NOT: (i) permit other individuals
to use the Software; (ii) modify, translate,
reverse engineer, decompile, disassemble
(except to the extent that this restriction
is expressly prohibited by law) or create
by suppliers and licensors to HTC) bundled with
the HTC product purchased by you (“Software”).
Attention: For the additional user restrictions
regarding some of the software
contained in the device you
purchased, please access the
information located at Settings\
About\Legal information\HTC legal on
the device for the relevant copyright,
licensing and restriction terms; such
restrictions are an integral part of
this End User License Agreement
that you must agree with in order to
activating, using, downloading or
installing the purchased device and
all software contained therein.
YOUR ACCEPTANCE BY ACTIVATING, USING,
DOWNLOADING OR INSTALLING THIS PHONE
AND/OR THE SOFTWARE, YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS LICENSE
AGREEMENT.
If, prior to indicating your acceptance by
activating, using, downloading or installing
this phone and/or the Software, you determine
that you are unwilling to agree to the terms of
this License Agreement, you have no right to
use the Software and you should: (i) promptly
return the Software to HTC or delete it; or (ii) if
you have purchased the HTC Product on which
the Software is pre-installed by or on behalf of
HTC, promptly return the HTC Product and the
accompanying Software and items (including
documentation and packaging) to HTC or the HTC
authorized distributor from whom you purchased
the HTC Product.
Open Source Software
Portions of the Software includes software
iles subject to certain open source license
agreements, then such open source software iles
38 Manufacturer's Warranty Manufacturer's Warranty 39
laws of the United States and international
copyright treaties. Title, ownership rights
and intellectual property rights in and to
the content accessed through the Software
including the content contained in the
Software media demonstration iles, shall
be retained by the applicable Content
owner and may be protected by applicable
copyright or other law. This license gives you
NO rights to such Content.
4. DISCLAIMER OF WARRANTY & LIMIT OF
LIABILITY. THE SOFTWARE, DOCUMENTATION,
AND CONTENT ARE PROVIDED AS IS
WITHOUT WARRANTY OF ANY KIND. HTC
FURTHER DISCLAIMS ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT. THE ENTIRE RISK
ARISING OUT OF THE USE OR PERFORMANCE
OF THE SOFTWARE, DOCUMENTATION,
AND CONTENT REMAINS WITH YOU. IN NO
EVENT SHALL HTC AND ITS EMPLOYEES OR
LICENSORS OR AFFILIATES BE HELD LIABLE
FOR ANY CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL, PUNITIVE, OR OTHER
DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER PECUNIARY
LOSS) ARISING OUT OF THIS AGREEMENT
OR THE USE OF OR INABILITY TO USE THE
SOFTWARE, THE OR THE CONTENT, EVEN IF
HTC HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. HTC’s TOTAL LIABLITY
FOR ANY DAMAGES UNDER THIS AGREEMENT
SHALL NEVER EXCEED THE PURCHASE PRICE
YOU PAID FOR THE HTC PRODUCT YOU
BOUGHT.
Any software is not fault tolerant whether
provided by a third party or HTC. Where you/ the
derivative works based upon the Software
or Documentation; (iii) copy the Software
or Documentation (except for a back-up
upon a repair/replacement, provided that
such back-up is not installed or used on any
computer, and shall be deleted/destroyed
immediately after repair/ replacement. Any
other copies You make of the Software are in
violation of this Agreement); (iv) rent, lease,
transfer, sublicense or otherwise transfer
rights to the Software or Documentation; (v)
remove any proprietary notices or labels on
the Software or Documentation; or (vi) add,
integrate or combine any other software
with the Software. Any such forbidden use
shall immediately terminate your license to
the Software.
(b) You agree that you shall only use the
Software and Documentation in a manner
that complies with all applicable laws in the
jurisdictions in which you use the Software
and Documentation, including, but not
limited to, applicable restrictions concern
relevant copyright and other intellectual
property rights and/or the export controlling
regulations.
(c) You shall only use the Software for your
private, non-commercial use. You shall
not use the Software in any way to provide,
or as part of, any commercial service or
application. You shall not use the Software
in an attempt to, or in conjunction with,
any device, program or service designed
to circumvent technological measures
employed to control access to, or the rights
in, a content ile or other work protected by
the copyright laws of any jurisdiction.
3. TITLE. Title, ownership, rights, and intellectual
property rights in and to the Software
and Documentation shall remain in HTC
(including all its relevant suppliers/ licensors).
The Software is protected by the copyright
40 Manufacturer's Warranty Manufacturer's Warranty 41
customer installed the software on the device,
HTC is not responsible for how it operates on the
device. The software was designed for systems
that do not require fail-safe performance. You
may not use the software in any device or system
in which a malfunction of the software would
result in foreseeable risk of loss, injury or death
to any person. This includes operation of nuclear
facilities, aircraft navigation or communication
systems, air trafic control or use in risky and
dangerous situations or environments.
5. INDEMNIFICATION. You agree to hold
harmless, indemnify and defend HTC, its
oficers, directors and employees, from
and against any losses, damages, ines
and expenses (including attorneys’ fees
and costs) arising out of or relating to any
claims that you have (i) viewed, downloaded,
encoded, compressed, copied or transmitted
any materials (other than materials provided
by HTC) in connection with the Software
in violation of another party’s rights or
in violation of any law, or (ii) violated any
terms of this License Agreement. If you are
importing the Software from the United
States or European Union, you shall indemnify
and hold HTC harmless from and against
any import and export duties or other claims
arising from such importation. You agree
that the laws of the State of Washington, the
United States (excluding its conlict of laws)
shall govern any and all matters resulted from
this Agreement.
6. TERMINATION. This License Agreement
will automatically terminate if you fail to
comply with any term hereof. No notice
shall be required from HTC to effect such
termination.
42 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 43
General Terms and
Conditions of Service
Please note that these terms may not be the
most current version. A current version of the
terms is available at our website at sprint.com/
termsandconditions or upon request.
Para solicitar esta literatura en español, por
favor contactar a 1-800-777-4681 o visitar a
sprint.com/espanol.
Basic Deinitions
In this document: (1) “we,” “us,” “our,” and “Sprint”
mean Sprint Solutions, Inc., as contracting agent
on behalf of the applicable Sprint afiliated
entities providing the products and Services;
(2) “you,” “your,” “customer,” and “user” mean
an account holder with us or any user of our
Devices or Services; (3) “Device” means any
phone, aircard, mobile broadband device, any
other device, accessory, or other product that
we provide you, we sell to you, or is active on
your account with us; and (4) “Service” means
Sprint-branded offers, rate plans, options,
wireless services, billing services, applications,
programs, products, software, or Devices on your
account with us. “Service(s)” also includes any
other product or service that we offer or provide
to you that references these General Terms and
Conditions of Service (“Ts&Cs”).
The Service Agreement
These Ts&Cs are part of your service agreement
with us (the “Agreement”) and constitute a
contract under which we provide you Services
under terms and conditions that you accept.
THIS AGREEMENT CONTAINS A MANDATORY
ARBITRATION PROVISION WITH A CLASS WAIVER,
A REPRESENTATIVE ACTION WAIVER, AND A JURY
WAIVER PROVISION. In addition to these Ts&Cs,
there are several parts of the Agreement, which
includes but is not limited to the following: (i) the
subscriber agreement and transaction materials
that you receive and accept; (ii) the plan(s) that
you chose as set forth in our written services and
transaction materials that we provide or refer you
to during the sales transaction, including on-line
and telephone transactions (if your service plan is
not speciically set forth in any in-store brochure
or printed materials, the requirements and terms
set forth in the current written Agreement and
transaction materials apply); (iii) any conirmation
materials and invoices that we may provide to
you; and (iv) the terms set forth in the coverage
map brochures. It is important that you carefully
read all of the terms of the Agreement.
Additional Terms
Additional terms will apply when you use certain
applications, programs, Devices, and services,
and these terms will be provided to you prior
to your use of the items. Depending on who
provides the items, the terms may come from
Sprint or a third party. You are subject to any terms
provided by the third party, and the terms are
directly between you and that third party. Sprint
is not responsible for these third-party items
and associated terms. Additional terms will also
apply if you activate Services as part of a bundle
with another company’s services (for example,
cable services, home phone services, etc.). The
additional terms for bundled Services may either
modify or replace certain provisions in these
Ts&Cs, including terms relating to activation,
invoicing, payment, and disputing charges. Also,
a different dispute resolution provision may apply
to services provided by another company (the
dispute resolution provisions in this Agreement
will still apply to our Services). You will be
provided details on any additional terms with your
selection of any bundled Service. For employee
and organization discounts, the discount
percentage may vary from month-to-month
based on the terms of the agreement between
your employer, association, or organization
44 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 45
and Sprint. The discount will be zero after your
agreement or your organization’s agreement
with Sprint ends. Additional terms and eligibility
requirements regarding organization discounts
will be provided to you.
Our Policies
Services are subject to our business policies,
practices, and procedures (“Policies”). You agree
to adhere to all of our Policies when you use our
Services. Our Policies are subject to change at
anytime with or without notice.
When You Accept The Agreement
You must have the legal capacity to accept the
Agreement. You accept the Agreement when you
do any of the following: (a) accept the Agreement
through any printed, oral, or electronic statement,
including on the Web by electronically marking
that you have reviewed and accepted; (b)
attempt to or in any way use the Services; (c)
pay for the Services; or (d) open any package or
start any program that says you are accepting
the Agreement when doing so. If you don’t want
to accept the Agreement, don’t do any of these
things.
Term Commitments & Early
Termination Fees
Sprint provides a variety of Services, some of
which require you to maintain Your Services on
a month to month basis or for a minimum term,
usually 1 or 2 years (“Term Commitment”). If your
Agreement contains a Term Commitment, you will
be charged a fee (“Early Termination Fee”) for each
line of Service that you terminate early (i.e., prior to
satisfying the Term Commitment) or for each line
of Service that we terminate early for good reason
(for example, violating the payment or other terms
of the Agreement) but such Early Termination Fee
will be prorated based on your remaining Term
Commitment. Early Termination Fees are a part of
our rates. Any Term Commitment, the length of
the Term Commitment, and the applicable Early
Termination Fee amounts and proration will be
disclosed to you during the sales transaction.
Carefully review any Term Commitment and Early
Termination Fee requirements prior to selecting
Services. After you have satisied your Term
Commitment, your Services continue on a month-
to-month basis under the then-current Terms
and Conditions and Service policies. Services
offered on a subscription basis, as described
in the “Account & Service Charges” section,
may not require a Term Commitment and may
not automatically renew. As explained directly
below, there are instances when you will not
be responsible for an Early Termination Fee for
terminating Services early.
When You Don’t Have To Pay An Early
Termination Fee
You aren’t responsible for paying an Early
Termination Fee when terminating Services: (a)
provided on a month-to-month basis; (b) provided
on a subscription basis that do not include a Term
Commitment; (c) consistent with our published
trial period return policy; or (d) in response to a
materially adverse change that we make to the
Agreement as described directly below.
Our Right To Change The Agreement &
Your Related Rights
We may change any part of the Agreement at any
time, including, but not limited to, rates, charges,
how we calculate charges, discounts, coverage,
technologies used to provide services, or your
terms of Service. If you lose your eligibility for a
particular rate plan or if a particular rate plan is
no longer supported or available, we may change
your rate plan to one for which you qualify. We
46 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 47
will provide you notice of material changes—and
we may provide you notice of non-material
changes—in a manner consistent with this
Agreement (see “Providing Notice To Each Other
Under The Agreement” section). If a change we
make to the Agreement is material and has a
material adverse effect on Services under your
Term Commitment, you may terminate each line
of Service materially adversely affected without
incurring an Early Termination Fee only if: (a) you
call us within 30 days after the effective date of
the change; (b) you speciically advise us that you
wish to cancel Services because of a material
change to the Agreement that we have made; and
(c) we fail to negate the change after you notify us
of your objection to it. If you do not notify us and
cancel Service within 30 days of the change, an
Early Termination Fee will apply if you terminate
Services before the end of any applicable Term
Commitment.
Our Right To Suspend Or Terminate
Services
We can, without notice, suspend or terminate any
Service at any time for any reason. For example,
we can suspend or terminate any Service for
the following: (a) late payment; (b) exceeding
an Account Spending Limit; (c) harassing/
threatening/abusing/offending our employees
or agents; (d) providing false or inaccurate
information; (e) interfering with our operations;
(f) using/suspicion of using Services in any
manner restricted by or inconsistent with the
Agreement and Policies; (g) breaching, failing to
follow, or abusing the Agreement or Policies; (h)
providing false, inaccurate, dated, or unveriiable
identiication or credit information or becoming
insolvent or bankrupt; (i) modifying a Device from
its manufacturer speciications (for example,
rooting the device); (j) failing to use our Services
for an extended period of time; (k) failing to
maintain an active Device in connection with our
Services; or (l) if we believe the action protects
our interests, any customer’s interests, or our
networks.
Your Right To Change Services &
When Changes Are Effective
The account holder can typically change Services
upon request. In some instances, changes may be
conditioned on payment of an Early Termination
Fee or certain other charges, or they may require
a new Term Commitment. Changes to Services
are usually effective at the start of the next full
invoicing cycle. If the changes take place sooner,
your invoice may relect pro-rated charges for
your old and new Services. We may, but are not
obligated to, provide you the opportunity to
authorize someone else to make changes to your
Services, which will include the authority to make
changes that will extend your Term Commitment.
You are responsible for any changes to your
Services made by a person you authorize, and
those changes will be treated as modiications to
this Agreement.
Your Right To Terminate Services
You can terminate Services at any time by calling
us and requesting that we deactivate all Services.
In addition, if you return or provide your Device to
Sprint and fail to either deactivate service on the
Device or activate another Device in connection
with your Service, we reserve the right to
terminate your Service, and if you are subject
to a Term Commitment, you may be charged
all or part of an Early Termination Fee. You are
responsible for all charges billed or incurred prior
to deactivation. If Services are terminated before
the end of your invoicing cycle, we won’t prorate
charges to the date of termination and you won’t
receive a credit or refund for any unused Services.
Except as provided above, if you are subject to
an Early Termination Fee, you must also pay the
invoiced Early Termination Fee for each line of
Service that you terminate early.
48 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 49
Credit Checks & Credit Information
We agree to provide you Services on the
condition that you have and maintain satisfactory
credit according to our standards and policies.
You agree to provide information that we may
request or complete any applications that we may
provide you to facilitate our review. We rely on
the credit information you furnish, credit bureau
reports or other data available from commercial
credit reference services, and other information
(such as payment history with us) to determine
whether to provide or continue to provide you
Services. The Services we offer you can vary
based on your credit history. We may at any time,
based on your credit history, withdraw or change
Services or place limits or conditions on the use
of our Services. You agree to provide us updated
credit information upon request. We may provide
your payment history and other account billing/
charge information to any credit reporting
agency or industry clearinghouse.
Account Spending Limits (“ASL”)
An ASL is a temporary or permanent limit
(typically based on credit history, payment
history, or to prevent fraud) that we place on the
amount of unpaid charges you can accumulate
on your account, regardless of when payment
on those charges is due. We reserve the right to
determine which charges count toward an ASL. If
you have an ASL, we may suspend your Services
without prior notice if your account balance
reaches the ASL, even if your account is not past
due. We may impose or increase an ASL at any
time with notice. An ASL is for our beneit only and
should not be relied on by you to manage usage.
Deposits & Returning Deposits
We may at any time require a deposit as a
guarantee of payment for you to establish
or maintain Service (“Deposit”). By providing
us a Deposit, you grant us a security interest
for all current or future amounts owed to us.
We may change the Deposit at any time with
notice. You can’t use a Deposit to make or delay
payments. The Deposit, the length of time we
hold the Deposit, and changes to the Deposit
are determined based on your credit history,
payment history, and other factors. Unless
prohibited by law, we may mix Deposits with our
other funds and it won’t earn interest, and we
reserve the right to return the Deposit as a credit
on your invoice at anytime. If your Services are
terminated for any reason, we may keep and
apply your Deposit to any outstanding charges.
We’ll send any remaining portion of the Deposit to
your last known address within 90 days after your
inal invoice—if it is returned to us, we will forward
it on to the appropriate state authorities to the
extent required by law.
Restrictions On Using Services
You can’t use our Services: (a) in a way that could
cause damage or adversely affect any of our
other customers or our reputation, networks,
property, or Services; or (b) in any way prohibited
by the terms of our Services, the Agreement,
or our Policies. You cannot in any manner resell
the Services to another party. For additional
restrictions on the use of our Services, see our
Acceptable Use Policy and Visitors Agreement,
which are available on our website, and the
detailed plan or other information on Services
that we provide or refer you to during the sales
transaction.
Your Device, Number & Email Address
We don’t manufacture any Device that we
might sell to you or that is associated with our
Services, and we aren’t responsible for any
defects, acts, or omissions of the manufacturer.
The only warranties on your Device are
the limited warranties given to you by the
manufacturer directly or that we pass through.
Device performance may vary based on device
speciications (for example, a device’s software,
memory, and storage), and device performance
50 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 51
may impact access to all of our Services. Your
Device is designed to be activated on our
networks and in other coverage areas that we
may make available to you. As programmed, it will
not accept wireless service from another carrier.
Except for any legal right you may have to port/
transfer your phone number to another carrier,
you have no—and cannot gain any (for example,
through publication, use, etc.)—proprietary,
ownership, or other rights to any phone number,
identiication number, email address, or other
identiier that we assign to you, your Device,
or your account. We’ll notify you if we decide
to change or reassign them. Your CDMA Sprint
PCS phone may have software programming
lock that protects certain of the handset’s
operating parameters against unauthorized
reprogramming. If your device has a software
programming lock, and you wish to obtain the
software program lock code for your CDMA
Sprint PCS phone, please visit sprint.com or call
1-888-211-4727 for information and eligibility
requirements.
Porting/Transferring Phone Numbers
We don’t guarantee that number transfers to
or from us will be successful. If you authorize
another carrier to transfer a number away from
us, then that is considered a request by you to us
to terminate all of the Services associated with
that number. You’re responsible for all charges
billed or incurred prior to deactivation and for any
applicable Early Termination Fees.
Coverage; Where Your Device Will
Work; Service Speeds
Our coverage maps are available at our
authorized retail locations and on sprint.com.
The speciic network coverage you get will
depend on the radio transmissions your Device
can pick up and Services you’ve chosen. Our
coverage maps provide high level estimates of
our coverage areas when using Services outdoors
under optimal conditions. Coverage isn’t available
everywhere. Coverage and Service speeds are
not guaranteed. Coverage is subject to change
without notice. Service speeds may depend on
the Service purchased. Actual speeds will vary.
Estimating wireless coverage, signal strength, and
Service speed is not an exact science. There are
gaps in coverage within our estimated coverage
areas that-along with other factors both within
and beyond our control (for example, network
problems, network or Internet congestion,
software, signal strength, your Device, structures,
buildings, weather, geography, topography,
server speeds of the websites you access, actions
of third parties, etc.)-may result in dropped and
blocked connections, slower Service speeds, or
otherwise impact the quality of Service. Services
that rely on location information, such as E911 and
GPS navigation, depend on your Device’s ability
to acquire satellite signals (typically not available
indoors) and network coverage. While your Device
is receiving a software update, you may be
unable to use your Device in any manner until the
software update is complete.
Roaming
The term “roaming” typically refers to coverage
on another carrier’s network that we may make
available to you based on our agreements with
other carriers. These agreements may change
from time to time, and roaming coverage is
subject to change without notice. Your ability
to receive roaming coverage depends on the
radio transmissions your Device can pick up
and the availability of roaming coverage. We
make no guarantee that roaming coverage will
be available. Roaming coverage may exist both
within and outside our network coverage areas.
Your Device will generally indicate when you’re
roaming. Depending on your Services, separate
charges or limits on the amount of minutes
used while roaming may apply. Certain Services
may not be available or work the same when
52 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 53
roaming (for example, data Services, voicemail,
call waiting, etc.). For information on whether
roaming applies, see your service plan details.
About Data Services & Content
Our data Services and your Device may allow
you to access the Internet, text, pictures, video,
games, graphics, music, email, applications,
sound, and other materials (“Data Content”)
or send Data Content elsewhere. Some Data
Content is available from us or our vendors,
while other Data Content can be accessed from
others (for example, third party websites, games,
ringers, applications, etc.). We make absolutely
no guarantees about the Data Content that you
access on your Device. Data Content may be:
(1) unsuitable for children/minors; (2) unreliable
or inaccurate; or (3) offensive, indecent, or
objectionable. You’re solely responsible for
evaluating the Data Content accessed by you
or anyone through your Services. We strongly
recommend that you monitor data usage by
children/minors. Data Content from third parties
may also harm your Device or its software. We are
not responsible for any Data Content. We are not
responsible for any damage caused by any Data
Content that you access through your Services,
that you load on your Device, or that you request
that our representatives access or load on your
Device. To protect our networks and Services or
for other reasons, we may place restrictions on
accessing certain Data Content (such as certain
websites, applications, etc.); impose separate
charges; limit throughput or the amount of
data that you can transfer; or otherwise limit or
terminate Services. If we provide you storage
for Data Content that you have purchased,
then we may delete the Data Content without
notice or place restrictions/limits on the use of
storage areas. Data Content stored on a Device,
transmitted over our networks, or stored by
Sprint may be deleted, modiied, or damaged.
You may not be able to make or receive voice
calls while using data Services. Data Content
provided by our vendors or third parties is subject
to cancellation or termination at any time without
notice to you, and you may not receive a refund
for any unused portion of the Data Content.
Speciic Terms & Restrictions On
Using Data Services
In addition to the rules for using all of our other
Services, unless we identify the Service or Device
that you have selected as speciically intended for
that purpose (for example, wireless routers, Data
Link, etc.), you can’t use our data Services: (1) with
server devices or host computer applications or
other systems that drive continuous, heavy trafic
or data sessions; (2) as a substitute or backup for
private lines or frame relay connections; or (3)
for any other unintended use as we determine in
our sole discretion. We reserve the right to limit,
suspend, or constrain any heavy, continuous
data usage that adversely impacts our networks’
performance or hinders access to our networks.
If your Services include Web or data access,
you also can’t use your Device as a modem
for computers or other equipment, unless we
identify the Service or Device you have selected
as speciically intended for that purpose (for
example, with “phone as modem” plans, Sprint
Mobile Broadband card plans, wireless router
plans, etc.).
Software License
If Sprint provides you software as part of the
Service and there are not software license terms
provided with the software (by Sprint or by a third
party), then Sprint grants you a limited, revocable,
non-exclusive, non-transferable license to use
the software to access the Services for your own
individual use. You will not sell, resell, transfer,
copy, translate, publish, create derivative works
of, make any commercial use of, modify, reverse
engineer, decompile, or disassemble the
software. Sprint may revoke this license at any
time.
54 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 55
Fees, Activation & Miscellaneous
Charges
Based on our Policies, we may charge activation,
prepayment, reactivation, program, or other fees
to establish, change, or maintain Services. Certain
transactions may also be subject to a charge (for
example, convenience payment, changing phone
numbers, handset upgrades, etc.). You will be
provided notice of these types of fees before we
complete the requested transaction.
Account & Service Charges
You are responsible for all charges associated with
your account and the Services on your account,
no matter who adds or uses the Services. Charges
include, but are not limited to, the monthly
recurring charges, usage charges, charges for
additional services, taxes, surcharges, and fees
associated with your Services. These charges
are described or referred to during the sales
transaction, in our marketing materials, and
in conirmation materials that we may send to
you. Depending on your Services, charges for
additional services may include operator and
directory assistance, voicemail, call forwarding,
data calls, texts, and Web access. If you (the
account holder) allow end users to access or
use your Devices, you authorize end users to
access, download, and use Services. You may
have the opportunity to purchase Services on a
subscription basis where we assess subscription
charges that allow you access to the Services
and/or provide you a certain amount of use of the
Services for a deined period of time. Depending
on your Service, certain types of subscription
charges may be assessed automatically upon
activation and automatically assessed for
subsequent subscription periods. Subscription
Services offered on a recurring basis do not
end until terminated by you or us. Subscription
charges for recurring Services occur at the
beginning of each bill cycle. Information
regarding your bill cycle for subscription Services
will be provided when you order the Services.
For Services offered on a per-day basis, you will
generally be charged for use before or at the time
of use. In certain instances, we may charge you
at some point after you use the Services. Unless
otherwise disclosed, Services offered on a per-
day basis end 24 hours after Service is initiated.
How We Calculate Your Charges For
Billing Purposes
Regular Voice Calls: We round up partial minutes
of use to the next full minute. Time starts when
you press “Talk” or your Device connects to
the network and stops when you press “End”
or the network connection otherwise breaks.
You’re charged for all calls that connect, even
to answering machines, voicemail, or voice
transcription services. You won’t be charged for
unanswered calls or if you get a busy signal. For
incoming calls answered, you’re charged from
the time shortly before the Device starts ringing
until you press “End” or the network connection
otherwise breaks. If charges vary depending on
the time of day that you place or receive calls
(for example, Nights and Weekend plans), you’re
charged for the entire call based on the rate
that applies to the time period in which the call
starts. Call time for a single call may be subject to
a maximum duration and may be automatically
terminated if the maximum duration is exceeded.
Rates that vary based on the time of access will be
determined based on the location of the network
equipment providing service and not the location
of your Device or your Device’s area code (if
applicable).
Push-to-Talk Charges: Charges for push-to-talk
calls are billed to the person who starts the call
and calculated by multiplying the duration of
the call by the applicable rate and number of
participants. You’re charged at least 6 seconds
of airtime for each call you start; subsequent
communications in the same call are rounded
56 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 57
up to and billed to the next second. Time begins
when you press any button to start a push-to-
talk call and ends approximately 6 seconds
after completion of a communication to which
no participant responds. Subsequent push-
to-talk communications are considered new
calls. Charges apply for the entire period of
time the push-to-talk call is connected to our
network. Depending on your plan, nationwide,
international, or group push-to-talk calls may
use the local push-to-talk minutes in your plan
and result in additional or different charges.
Responses to call alert transmissions are treated
as new push-to-talk transmissions even when
responding within 6 seconds of receiving the
alert. Push-to-talk billing methods are subject
to change as we introduce new push-to-talk
Services.
Data Usage: Unless we speciically tell you
otherwise, data usage is measured in bytes,
kilobytes, megabytes, and gigabytes—not in
minutes/time. 1024 bytes equals 1 kilobyte (“KB”),
1024 KB equals 1 megabyte, and 1024 megabytes
equals 1 gigabyte. Bytes are rounded up to KB,
so you will be charged at least 1 KB for each data
usage session (“data session”). Rounding occurs
at the end of each data session, and sometimes
during a data session. Depending on your data
Services, usage may be charged against an
allowance or on a ixed price per KB, and you may
be subject to limitations on the amount of data
usage. If you are charged on a ixed price per KB,
any fractional cents will be rounded up to the
next cent. You are charged for all data directed
to your Device’s Internet address, including data
sessions you did not initiate and for incomplete
transfers. As long as your Device is connected to
our data networks, you may incur data charges.
Examples of data for which you will be charged
includes the size of a requested ile or Data
Content (game, ringer, etc.); Web page graphics
(logos, pictures, banners, advertisement, etc.);
additional data used in accessing, transporting,
and routing the ile on our network; data from
partial or interrupted downloads; re-sent data;
and data associated with unsuccessful attempts
to reach websites or use applications. These
data charges are in addition to any charges for
the Data Content itself (game, ringer, etc.). Data
used and charged to you will vary widely, even
between identical actions or data sessions.
Estimates of data usage—for example, the size of
downloadable iles—are not reliable predictors
of actual usage. Your bill won’t separately list the
number of KB attributed to a speciic action/data
session.
Your Bill
Your bill provides you notice of your charges. It
relects monthly recurring charges (usually billed
one bill cycle in advance), fees, taxes, Surcharges,
product and equipment charges, subscription
charges, and usage/transaction speciic charges
(usually billed in the bill cycle in which they’re
incurred). Some usage charges, such as those
that depend on usage information from a third
party, may be billed in subsequent bill cycles
and result in higher than expected charges for
that month. Bill cycles and dates may change
from time to time. Your bill may also include
other important notices (for example, changes to
your Agreement, to your Service, legal notices,
etc.). Your paper bill may not include itemized
billing detail. More speciic billing information is
available online. Paper bills may be subject to an
additional charge. Unless prohibited by law, other
charges (for example, data Services or taxes and
surcharges) will not include itemized detail but
will be listed as total charges for a category. If you
choose Internet billing, you will not receive paper
bills.
Your Payments; Late Fees
Payment is due in full as stated on your bill. If
we do not receive payment in full by the date
speciied on your bill, a late payment charge,
which may be charged at the highest rate
58 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 59
permissible by law, may be applied to the total
unpaid balance. We may also charge you any
costs we pay to a collection agency to collect
unpaid balances from you. If we bill you for
amounts on behalf of a third party, payments
received are irst applied to our charges. You may
be charged additional fees for certain methods of
payment. We may charge you, up to the highest
amount permitted by law, for returned checks or
other payments paid by you and denied for any
reason by a inancial institution. Acceptance of
payments (even if marked “paid in full”) does not
waive our right to collect all amounts that you
owe us. We may restrict your payment methods
to cashier’s check, money order, or other similar
secure form of payment at any time for good
reason.
Taxes & Government Fees
You agree to pay all federal, state, and local taxes,
fees, and other assessments that we’re required
by law to collect and remit to the government
on the Services that we provide to you. These
charges may change from time to time without
advance notice. If you’re claiming any tax
exemption, you must provide us with a valid
exemption certiicate. Tax exemptions generally
won’t be applied retroactively.
Surcharges
You agree to pay all Sprint surcharges
(“Surcharges”), which may include, but are not
limited to: Federal Universal Service; Regulatory
and Administrative charges; gross receipts
charges, and other charges. Surcharges are not
taxes, and we are not required by law to assess
them. They are part of our rates we choose, at our
discretion, to collect from you, to recover certain
costs and are kept by us. The number and type
of Surcharges will be provided on your invoice
and may vary depending upon the location of the
billing address of the Device and can change over
time. We determine the amount for these charges,
and these amounts are subject to change, as are
the components used to calculate these amounts.
We will provide you notice of any changes to
Surcharges in a manner consistent with this
Agreement (see “Providing Notice To Each
Other Under The Agreement” section). However,
because some Surcharges are based on amounts
set by the government or based on government
formulas, it will not always be possible to provide
advance notice of new Surcharges or changes in
the amount of existing Surcharges. Information
on Surcharges is provided during the sales
transaction and is available on our website.
Disputing Charges - You Must Still Pay
Undisputed Charges
Any dispute to a charge on your bill must be made
within 60 days of the date of the bill that initially
contained the charge. Disputes can only be made
by calling or writing us as directed on your invoice
or elsewhere. You accept all charges not properly
disputed within the above time period—undisputed
charges must still be paid as stated on your bill.
Protecting Our Network & Services
We can take any action to: (1) protect our
networks, our rights and interests, or the rights
of others; or (2) optimize or improve the overall
use of our networks and Services. Some of these
actions may interrupt or prevent legitimate
communications and usage-for example,
message iltering/blocking software to prevent
spam or viruses; limiting throughput; limiting
access to certain websites, applications, or
other Data Content; prohibitions on unintended
uses (for example, use as a dedicated line, or
use as a monitoring service), etc. For additional
information on what we do to protect our
customers, networks, Services, and equipment,
see our Acceptable Use Policy and Visitors
Agreement at our website.
60 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 61
Your Privacy
Our Privacy Policy is available on our website. To
review the policy, visit
sprint.com/legal/privacy.html
.
This policy may change from time to time, so
review it with regularity and care.
Call Monitoring: To ensure the quality of our
Services and for other lawful purposes, we may
monitor or record calls you make to us or we make
to you (for example, your conversations with our
customer service or sales departments).
Authentication and Contact: You (the account
holder) may password protect your account
information by establishing a personal
identiication number (“PIN”). You may also set a
backup security question and answer in the event
you forget your PIN. You agree to protect your PIN,
passwords, and other account access credentials
like your backup security question from loss or
disclosure. You further agree that Sprint may,
in our sole discretion, treat any person who
presents your credentials that we deem suficient
for account access as you or an authorized user
on the account for disclosure of information
or changes in Service. You agree that we may
contact you for Service-related reasons through
the contact information that you provide, through
the Services or Devices to which you subscribe,
or through other available means, including text
message, email, fax, recorded message, mobile,
residential or business phone, or mail.
CPNI: As we provide telecommunications
products and Services to you (the account
holder), we develop information about the
quantity, technical coniguration, type, location,
and destination of telecommunications products
and Services you use, as well as some other
information found on your bill (“CPNI”). Under
federal law, you have the right and we have a
duty to protect the conidentiality of your CPNI.
For example, we implement safeguards that
are designed to protect your CPNI, including
authentication procedures when you contact
us. For some accounts with a dedicated Sprint
representative, we may rely on contacting your
pre-established point of contact as the standard
authentication measure.
Third-Party Applications: If you use a third-
party application, the application may
access, collect, use, or disclose your personal
information or require Sprint to disclose your
information—including location information
(when applicable)—to the application provider
or some other third party. If you access, use,
or authorize third-party applications through
the Services, you agree and authorize Sprint to
provide information related to your use of the
Services or the application(s). You understand
that your use of third-party applications is subject
to the third party’s terms and conditions and
policies, including its privacy policy. Be sure that
you have reviewed and are comfortable with the
third party’s policies before using its application
on your device.
Information on Devices: Your Device may contain
sensitive or personal information (for example,
pictures, videos, passwords, or stored credit
card numbers). Sprint is not responsible for any
information on your Device, including sensitive
or personal information. If possible, you should
remove or otherwise safeguard any sensitive or
personal information when your Device is out of
your possession or control, for example when
you relinquish, exchange, return, or recycle
your Device. By submitting your Device to us,
you agree that our employees, contractors, or
vendors may access all of the information on your
Device. If you exchange, return, or recycle your
Device through us, we typically attempt to erase
all data on your Device, but you must remove all
data from your Device before you provide it to us.
Location-Enabled Services
Our networks generally know the location of
your Device when it is outdoors and/or turned
on. By using various technologies to locate your
62 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 63
Device, we can provide enhanced emergency 911
services and optional location-enabled services
provided by us or a third party. Network coverage
or environmental factors (such as structures,
buildings, weather, geography, landscape, and
topography) can signiicantly impact the ability to
access your Device’s location information and use
of location-enabled services.
You agree that any authorized user may
access, use, or authorize Sprint or third-party
location-enabled applications through the
Services. You understand that your use of such
location-enabled applications is subject to the
application’s terms and conditions and policies,
including its privacy policy. If you activate
location-enabled services for devices used by
other authorized users, you agree to inform the
authorized user(s) of the terms of use for location-
enabled applications and that the Device may be
located.
911 Or Other Emergency Calls
Public safety oficials advise that when making
911 or other emergency calls, you should always
be prepared to provide your location information.
Unlike traditional wireline phones, depending
on a number of factors (for example, whether
your Device is GPS-enabled, where you are,
whether local emergency service providers
have upgraded their equipment, etc.), 911
operators may not know your phone number,
your location, or the location of your Device. In
certain circumstances, an emergency call may be
routed to a state patrol dispatcher or alternative
location set by local emergency service
providers. Enhanced 911 service (“E911”)—where
enabled by local emergency authorities—uses
GPS technology to provide location information.
Even when available, however, E911 does not
always provide accurate location information. If
your Device is indoors or for some other reason
cannot acquire a satellite signal, you may not be
located. Some Devices have a safety feature that
prevents use of the keypad after dialing 911—you
should follow voice prompts when interacting
with emergency service providers employing
interactive voice response systems to screen
calls.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or stolen
because you may be responsible for usage
charges before you notify us of the alleged loss
or theft. A lost or stolen Device does not reduce
or remove your Term Commitment. You will
remain liable for any monthly recurring charges
associated with the Service on your Device after
you notify us of the alleged loss or theft. You agree
to cooperate if we choose to investigate the
matter (provide facts, sworn statements, etc.). We
may not waive any applicable Early Termination
Fees if you choose to terminate Services as a
result of loss or theft of your Device.
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING
OTHERWISE, WE MAKE NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
(TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED
WARRANTY OF MERCHANTABILITY, NON-
INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE CONCERNING YOUR SERVICES
(INCLUDING YOUR DEVICE AND ANY SOFTWARE
OR APPLICATIONS ON YOUR DEVICE). WE DON’T
PROMISE UNINTERRUPTED OR ERROR-FREE
SERVICES AND DON’T AUTHORIZE ANYONE TO
MAKE WARRANTIES ON OUR BEHALF. SPRINT
PROVIDES ALL SOFTWARE AND APPLICATIONS ON
AN “AS IS” BASIS WITH ALL FAULTS, ERRORS, AND
DEFECTS.
You Agree That We Are Not
Responsible For Certain Problems
You agree that neither we nor our parent,
subsidiary, or afiliate companies, nor our
64 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 65
vendors, suppliers, or licensors are responsible
for any damages, delay, interruption or other
failure to perform resulting from: (a) anything
done or not done by someone else; (b) providing
or failing to provide Services, including, but not
limited to, deiciencies or problems with a Device
or network coverage (for example, dropped,
blocked, interrupted Services, etc.); (c) trafic
or other accidents, or any health-related claims
relating to our Services; (d) Data Content or
information accessed while using our Services;
(e) an interruption or failure in accessing or
attempting to access emergency services from
a Device, including through 911, Enhanced 911 or
otherwise; (f) interrupted, failed, or inaccurate
location information services; (g) information or
communication that is blocked by a spam ilter;
(h) damage to your Device or any computer
or equipment connected to your Device, or
damage to or loss of any information stored on
your Device, computer, equipment, or Sprint
storage space from your use of the Services or
from viruses, worms, or downloads of malicious
content, materials, data, text, images, video, or
audio; or (i) things beyond our control, including
acts of God (for example, weather-related
phenomena, ire, earthquake, hurricane, etc.),
riot, strike, war, terrorism, or government orders
or acts. You should implement appropriate
safeguards to secure your Device, computer,
or equipment and to back up your information
stored on each.
You Agree That Our Liability Is Limited -
No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY
FOR MONETARY DAMAGES FOR ANY CLAIMS
THAT YOU MAY HAVE AGAINST US IS LIMITED TO
NO MORE THAN THE PROPORTIONATE AMOUNT
OF THE SERVICE CHARGES ATTRIBUTABLE
TO THE AFFECTED PERIOD. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE
WHATSOEVER ARISING OUT OF OR RELATED TO
PROVIDING OR FAILING TO PROVIDE SERVICES
IN CONNECTION WITH A DEVICE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, LOSS
OF BUSINESS, OR COST OF REPLACEMENT
PRODUCTS AND SERVICES.
DISPUTE RESOLUTION AND
ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS
YOUR RIGHTS
In those rare instances where your concern is
not resolved to your satisfaction through calls
to our customer care, you and Sprint each
agree to try to resolve those disputes in good
faith after you provide written notice of the
dispute as set forth below. If the dispute is not
resolved, you and Sprint agree that the dispute
will be resolved through individual binding
arbitration or small claims court, instead of
courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class
Action
Instead of suing in court, you and Sprint agree
to arbitrate all Disputes (as deined below) on an
individual, non-representative, basis. You agree
that, by entering into this Agreement, you and
Sprint are waiving the right to a trial by jury or to
participate in a class action or representative
action. This agreement to arbitrate is intended
to be broadly interpreted.
In arbitration, there is no judge or jury. Instead
Disputes are decided by a neutral third-party
arbitrator in a more informal process than in
court. In arbitration, there is limited discovery
and the arbitrator’s decision is subject to
limited review by courts. However, just as
a court would, the arbitrator must honor
66 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 67
the terms of the Agreement and can award
damages and relief, including any attorneys’
fees authorized by law.
“Disputes” shall include, but are not limited to,
any claims or controversies against each other
related in any way to or arising out of in any
way our Services or the Agreement, including,
but not limited to, coverage, Devices, billing
services and practices, policies, contract
practices (including enforceability), service
claims, privacy, or advertising, even if the
claim arises after Services have terminated.
Disputes also include, but are not limited
to, claims that: (a) you or an authorized or
unauthorized user of the Services or Devices
bring against our employees, agents, afiliates,
or other representatives; (b) you bring against
a third party, such as a retailer or equipment
manufacturer, that are based on, relate to,
or arise out of in any way our Services or the
Agreement; or (c) that Sprint brings against
you. Disputes also include, but are not limited
to, (i) claims in any way related to or arising out
of any aspect of the relationship between you
and Sprint, whether based in contract, tort,
statute, fraud, misrepresentation, advertising
claims or any other legal theory; (ii) claims
that arose before this Agreement or out of a
prior Agreement with Sprint; (iii) claims that
are subject to on-going litigation where you
are not a party or class member; and/or (iv)
claims that arise after the termination of this
Agreement.
Dispute Notice and Dispute Resolution
Period
Before initiating an arbitration or a small claims
matter, you and Sprint each agree to irst
provide to the other a written notice (“Notice
of Dispute”), which shall contain: (a) a written
description of the problem and relevant
documents and supporting information;
and (b) a statement of the speciic relief
sought. A Notice of Dispute to Sprint should
be sent to: General Counsel; Arbitration
Ofice; 12502 Sunrise Valley Drive, Mailstop
VARESA0202-2C682; Reston, Virginia 20191.
Sprint will provide a Notice of Dispute to you in
accordance with the “Providing Notice To Each
Other Under The Agreement” section of this
Agreement. Sprint will assign a representative
to work with you and try to resolve your
Dispute to your satisfaction. You and Sprint
agree to make attempts to resolve the Dispute
prior to commencing an arbitration or small
claims action. If an agreement cannot be
reached within forty-ive (45) days of receipt
of the Notice of Dispute, you or Sprint may
commence an arbitration proceeding or small
claims action.
Arbitration Terms, Process, Rules and
Procedures
(1) Unless you and Sprint agree otherwise,
the arbitration will be conducted by a single,
neutral arbitrator and will take place in the
county of the last billing address of the Service.
The arbitration will be governed by either:
(a) rules that we mutually agree upon; or (b)
the JAMS Comprehensive Arbitration Rules &
Procedures (the “JAMS Rules”), as modiied by
this agreement to arbitrate, including the rules
about the iling, administration, discovery and
arbitrator fees. The JAMS rules are available on
its website at jamsadr.com. Notwithstanding
any JAMS Rule to the contrary or any other
provision in arbitration rules chosen, by
agreement, to govern the arbitration, we each
agree that all issues regarding the Dispute are
delegated to the arbitrator to decide, except
that only a court (and not the arbitrator) shall
decide any disagreements regarding the
scope and enforceability of this agreement to
arbitrate.
(2) The Federal Arbitration Act (“FAA”) applies to
this Agreement and arbitration provision. We
v.7-1-13 General Terms and Conditions of Service 69
68 General Terms and Conditions of Service v.7-1-13
each agree that the FAA’s provisions—not state
law—govern all questions of whether a Dispute
is subject to arbitration. To the extent that this
agreement to arbitrate conlicts with the JAMS
Policy on Consumer Arbitrations Pursuant
to Pre-Dispute Clauses Minimum Standards
for Procedural Fairness (the “Minimum
Standards”), the Minimum Standards in that
regard will apply. However, nothing in this
paragraph will require or allow you or Sprint
to arbitrate on a class-wide, representative or
consolidated basis.
(3) The arbitrator may award declaratory or
injunctive relief only in favor of the individual
party seeking relief and only to the extent
necessary to provide relief warranted by that
party’s individual claim. YOU AND SPRINT
AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN AN INDIVIDUAL
CAPACITY, AND NOT AS A CLASS MEMBER IN
ANY PUTATIVE CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and
Sprint expressly agree otherwise, the arbitrator
may not consolidate more than one person’s
claims, and may not otherwise preside
over any form of a representative or class
proceeding. If any portion of this provision is
found to be unenforceable, then the entirety of
this arbitration provision shall be null and void.
(4) We each are responsible for our respective
costs, including our respective counsel,
experts, and witnesses. Sprint will pay for any
iling or case management fees associated
with the arbitration and the professional fees
for the arbitrator’s services.
(5) An arbitrator’s award will be a written
statement of the disposition of each claim and
will also provide a concise written statement of
the essential indings and conclusions which
form the basis of the award. The arbitrator’s
decision and award is inal and binding, with
some limited court review under the FAA, and
judgment on the award may be entered in any
court with jurisdiction.
(6) As an alternative to arbitration, we may
resolve Disputes in small claims court in the
county of your most recent billing address.
In addition, this arbitration agreement does
not prevent you from bringing your Dispute
to the attention of any federal, state, or local
government agency. Such agencies can, if the
law allows, seek relief against Sprint on your
behalf.
No Trial By Jury and No Class Action
IF FOR ANY REASON A CLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN ANY
WAY PROCEEDS IN COURT RATHER THAN IN
ARBITRATION, REGARDLESS OF WHETHER THE
CLAIM IS AN ACTION, COUTERCLAIM OR ANY
OTHER COURT PROCEEDING, WE EACH AGREE
THAT TO THE EXTENT ALLOWED BY LAW, THERE
WILL NOT BE A JURY TRIAL OR CLASS ACTION
AND WE EACH UNCONDITIONALLY (1) WAIVE ANY
RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT
TO PURSUE DISPUTES ON A CLASSWIDE BASIS,
INCLUDING JOINING A CLAIM WITH THE CLAIM
OF ANY OTHER PERSON OR ENTITY OR ASSERT
A CLAIM IN A REPRESENTATIVE CAPACTITY
ON BEHALF OF ANYONE ELSE IN ANY OTHER
PROCEEDING.
Indemniication
You agree to indemnify, defend, and hold Sprint
and our subsidiaries, afiliates, parent companies,
vendors, suppliers, and licensors harmless
from any claims arising out of or relating to your
actions, including, but not limited to, your use
of the Service and any information you submit,
post, transmit, or make available via the Service;
failing to provide appropriate notices regarding
location-enabled services (see “Location-Enabled
Services” section); failure to safeguard your
passwords, backup question to your shared
secret question, or other account information; or
70 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 71
violating this Agreement or any policy referenced
in this Agreement, any applicable law or
regulation, or the rights of any third party.
Providing Notice To Each Other Under
The Agreement
Except as the Agreement speciically provides
otherwise, you must provide us notice by calling
or writing us as instructed on your invoice. We will
provide you notice through one or more of the
following: in your bill, correspondence to your
last known billing address, to any fax number or
email address you’ve provided us, by calling you
on your Device or any other phone number you’ve
provided us, by voice message on your Device or
any other phone number you’ve provided us, or
by text message on your Device.
Contacting You Regarding Billing and
Collections
You expressly authorize, and speciically consent
to allowing Sprint and any of Sprint’s agents
to contact you in connection with any and all
matters relating to unpaid past due charges you
owe Sprint. You agree that, for attempts to collect
unpaid past due charges, Sprint and any of its
agents may contact you at any mailing address,
telephone number, cellular phone number, email
address, or any other electronic address that you
have provided, or may in the future provide, to
Sprint. You agree and acknowledge that any email
address or any other electronic address that you
provide to Sprint is your private address and is
not accessible to unauthorized third parties. For
attempts to collect unpaid charges, you agree
that in addition to individual persons attempting
to communicate directly with you, any type of
contact described above may be made using,
among other methods, pre-recorded or artiicial
voice messages delivered by an automatic
telephone dialing system, pre-set email messages
delivered by an automatic emailing system, or
any other pre-set electronic messages delivered
by any other automatic electronic messaging
system.
Other Important Terms
Subject to federal law or unless the Agreement
speciically provides otherwise, this Agreement
is governed solely by the laws of the state
encompassing the billing address of the Device,
without regard to the conlicts of law rules of that
state. If either of us waives or doesn’t enforce
a requirement under this Agreement in an
instance, we don’t waive our right to later enforce
that requirement. Except as the Agreement
speciically provides otherwise, if any part of
the Agreement is held invalid or unenforceable,
the rest of this Agreement remains in full force
and effect. This Agreement isn’t for the beneit
of any third party except our corporate parents,
afiliates, subsidiaries, agents, and predecessors
and successors in interest. You can’t assign the
Agreement or any of your rights or duties under it,
unless we agree to the assignment. We can assign
the Agreement without notice. You cannot in any
manner resell the Services to another party. The
Agreement and the documents it incorporates
make up the entire agreement between us and
replaces all prior written or spoken agreements—
you can’t rely on any contradictory documents or
statements by sales or service representatives.
The rights, obligations, and commitments in the
Agreement that—by their nature—would logically
continue beyond the termination of Services (for
example, those relating to billing, payment, 911,
dispute resolution, no class action, no jury trial)
survive termination of Services.
[End General Terms and Conditions of
Service]
Important Message 73
[Page intentionally left blank.]
72
Important Message from Sprint
Important Information about this device’s
“open” architecture. This device is an “open”
device. What that means is that you are free
to use it to access the Internet as you see it.
You may go to websites you like and you may
download or use applications or software that
you choose.
Please take care to visit only trusted websites
and download applications only from trusted
entities. Sprint has no control over websites
you visit or applications and software you
download, and Sprint’s policies do not apply
to those websites, applications or software.
The websites you visit may place “cookies”
or other iles on your device when you visit
them. Downloaded applications or software
may access, use or share information on your
device, like your contacts or your location.
Although Sprint is excited to allow our
customers to make their own choices about
the Internet sites you wish to visit or the
applications or software you’d like to use, we
do want to remind you that Sprint is not able
to help you troubleshoot issues connected
with your use of non-Sprint applications or
software (such as the ones you may select and
download to your device). Sprint also will not
be able to provide you credits for applications
or software that you download from sources
other than Sprint. And, Sprint is not liable
for the websites you visit or anything you
download or cause to be downloaded to your
device. Damage related to websites visited or
downloads to your device may not be covered
by Sprint’s Service and Repair policy, or your
device insurance policy. For more information
about Sprint’s policies, products or services,
please visit us at sprint.com.
©2014 Sprint. Sprint and the logo are trademarks of Sprint.
Other marks are the property of their respective owners.

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