HTC 0PM9200 Smartphone User Manual Statements rev 1

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Important Information
for the HTC Desire® 626s
Important Safety Information – page 2
Manufacturer’s Warranty – page 18
General Terms and Conditions of Service – page 30
Important Message from Sprint – page 57
• Avoid exposing your phone and accessories to
Important Safety
Information
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.
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 modifications 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 Sprintauthorized personnel should service your
phone and accessories. Failure to do so may
be dangerous and void your warranty.
Important Safety Information
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.
Road safety
When behind the wheel, driving safely should
always be your first priority. According to the
National Highway Traffic Safety Administration
(NHTSA), scientific research indicates that using a
wireless phone while driving degrades a driver’s
performance, whether used in a hands-free or
hand-held mode. NHTSA advises that the “safest
course of action is to refrain from using a cell
phone while driving.” NHTSA’s policy on “Cell
Phone Use While Driving,” as well as Frequently
Asked Questions on the subject, are available at
www.nhtsa.gov. For your safety and the safety of
those around you, please consider turning your
phone off while you are driving.
If you choose to use your phone while driving,
be aware that some state and local governments
have adopted laws governing the use of wireless
devices while driving. It is your responsibility to
know and comply with the laws in your area.
Tip: Purchase an optional hands-free accessory
at your local Sprint Store, or call Sprint at
1-866-866-7509.
Important Safety Information
Following Safety Guidelines
To operate your phone safely and efficiently,
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
and the safety of other passengers, always follow
crew instructions regarding the use of your
phone.
Important Safety Information
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 fire, 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 flammable gas,
flammable 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 or damage the phone.
Important Health Information and
Safety Precautions
When using this product, the safety precautions
below must be taken to avoid possible legal
liabilities and damages.
Retain and follow all product safety and operating
instructions. Observe all warnings in the
operating instructions on the product.
Important Safety Information
To reduce the risk of bodily injury, electric shock,
fire, 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).
AC Adapter: HTC, TC U250
• Handle battery packs carefully
Important Safety Information
This product contains a Lithium-ion polymer
or Lithium-ion battery. There is a risk of fire
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 fire or water, or expose a battery
pack to temperatures higher than 60˚C
(140˚F).
WARNING: To reduce risk of fire or
burns, do not disassemble, crush,
puncture, short external contacts,
expose to temperature above 60° C
(140° F), or dispose of in fire 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 qualified with the system per this
standard, IEEE-Std-1725. Use of an unqualified
battery or charger may present a risk of fire,
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.
Important Safety Information
• If the battery leaks:
▪▪Do not allow the leaking fluid to come in
contact with skin or clothing. If already in
contact, flush the affected area immediately
with clean water and seek medical advice.
▪▪Do not allow the leaking fluid 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 fire 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 qualified 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.
Important Safety Information
▪▪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 amplifiers)
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 sufficient 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.
Important Safety Information
Regulatory Agency Identifications
For regulatory identification purposes, your
product is assigned a model number of
0PM9200.
Your phone’s FCC ID is NM80PM9200. This FCC
ID can also be found printed inside the battery
compartment.
To ensure continued reliable and safe operation
of your device, use only the HTC qualified battery
with your 0PM9200. Battery Pack, model number
B0PKX100.
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
10
effort, the industry uses a rating system for wireless
phones to help hearing device users find phones
that may be compatible with their hearing devices
(hearing aids and cochlear implants). This hearingaid 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 Desire
626s 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
Important Safety Information
are not rated. T4 is the better/higher of the two
ratings. Your HTC Desire 626s 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
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 Desire
626s.
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
Important Safety Information
11
Caring for the Battery
Protecting Your Battery
The guidelines listed below help you get the most
out of your battery’s performance.
• Recently there have been some public reports
of wireless phone batteries overheating,
catching fire, 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 Sprintapproved 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
12
•
•
•
•
•
•
•
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.
Important Safety Information
• 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)
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 scientific research. According
to the U.S. Food and Drug Administration (FDA),
“the weight of scientific 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/
Important Safety Information
13
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/
IEEE Committee on Man and Radiation:
http://ewh.ieee.org/soc/embs/comar/
International Commission on Non-Ionizing
Radiation Protection: http://www.icnirp.de/
Specific 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 Specific
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
14
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 certified power level in each
frequency band of operation. Because the device
is transmitting at its highest certified power
level, SAR tests capture a worst-case operating
scenario and therefore often do not reflect 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.
Important Safety Information
HTC Corp. submitted SAR test results
demonstrating compliance with the FCC’s SAR
limit for wireless devices as part of the FCC’s
equipment certification 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: NM80PM9200.
This device’s maximum SAR values as reported to
the FCC are:
Head: 0.38 W/kg@1g
Body: 1.08 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.
• 1.5 cm to comply with the RF exposure
requirements in Europe.
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 identified 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
Important Safety Information
15
http://www.fcc.gov/guides/wireless-devices-andhealth-concerns.
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,
2. this device must accept any interference
received, including interference that may
cause undesired operation.
16
Changes or modifications 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
Important Safety Information
on, the user is encouraged to try to correct the
interference by one or more of the following
measures:
• 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 engraved on the bottom part of the
back panel. 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: HTC Desire 626s (0PM9200)
Serial No.:
Proprietary Notice
© 2013-2015 HTC Corporation. All rights reserved.
HTC, the HTC logo, and all other HTC device and
feature names are the trademarks or registered
trademarks in the U.S. and/or other countries of
HTC Corporation and its affiliates.
Disposing Notice
Disposing of Your Phone
Like many electronic devices, your phone
contains materials and substances that may be
hazardous to the environment if not properly
disposed of. Additionally, discarding a mobile
phone in a landfill 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.
Important Safety Information
17
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 LIMITED WARRANTY
PLEASE READ THIS LIMITED WARRANTY
CAREFULLY TO UNDERSTAND YOUR RIGHTS
AND OBLIGATIONS. THIS LIMITED WARRANTY
CONTAINS A MANDATORY ARBITRATION
AGREEMENT.
18
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,
WIRELESS SERVICE PROVIDERS OR RETAILERS
ALLOW A LONGER RETURN PERIOD, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
DEFINITIONS
The following definitions apply to this Limited
Warranty:
1. “Product” means a new mobile device that
can be identified by the “HTC” trademark,
trade name, or logo affixed to the device
as originally supplied, manufactured by or
Manufacturer's Warranty
for HTC and purchased from an authorized
retailer.
2. “Accessory” means a new headset, case,
or other secondary component that is not
affixed 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
identified by the “HTC” trademark, trade
name, or logo affixed to the to the component
as originally supplied.
3. “Warranty Period,” for a Product, means
twelve (12) months from the date You
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.
4. “State” means a State, the District of
Columbia, and any other United States
territory or possession.
5. “You” or “Your” means the original retail
purchaser and/or original end-user of the
Product or Accessory.
WHAT IS COVERED BY THIS LIMITED
WARRANTY?
During the Warranty Period HTC warrants that
the Product or Accessory will function properly if
used under normal conditions in accordance with
the user instruction materials packaged with the
Product or 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 or Accessory or any other
person. This Limited Warranty gives You specific
Manufacturer's Warranty
19
legal rights, and You may also have other rights
which vary from State to State.
WHAT IS NOT COVERED BY THIS
LIMITED WARRANTY?
2.
This Limited Warranty does not apply other than
to the Product or 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 or Accessory serial number, the
date code, the IMEI/MEID number, the water
indicator, or the warranty seal (void label) has
3.
20
4.
5.
been removed, erased, defaced, or altered, or
is illegible;
to any deterioration of the cosmetic
appearance of the Product or Accessory due
to normal wear and tear;
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;
to malfunctions caused by the battery, if
improperly installed by You or another person,
if the seals of the battery enclosure or the cells
are broken or show evidence of tampering, or if
used in equipment other than that for which it
has been specified;
to malfunctions caused by electrical
surges or other electrical current problems
that are not the fault of the Product or
Accessory;
Manufacturer's Warranty
6. to use not in accordance with the user
manual; rough handling; exposure to
moisture, dampness or extreme thermal
or environmental conditions or a rapid
change in such conditions; corrosion; or
oxidation;
7. to unauthorized modifications 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 deficiencies
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 any LCD
screen or lens;
10. to any Bluetooth device, wireless connection
or other product to which the Product may
connect. 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 of whether such
modifications 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
Manufacturer's Warranty
21
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
specifications. 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
22
country and may also be subject to a registration
requirement in the country of purchase.
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
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 www.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.
Manufacturer's Warranty
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
fifteen (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 satisfies 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.
Manufacturer's Warranty
23
Rather than ask You to return the Product or
Accessory, HTC may instead elect to supply userinstallable parts directly to You to fulfill 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 confidential,
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 configuration
or as updated to the newest available software.
HTC reserves the right to restrict warranty service
to the country where the Product or Accessory
24
was intended to be sold. HTC must be notified 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.
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
Manufacturer's Warranty
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, 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.
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
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.
Manufacturer's Warranty
25
If You intend to seek arbitration under the
preceding paragraph, You must first 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 first
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 file an arbitration claim. HTC will pay any filing
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
26
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 finds
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
Manufacturer's Warranty
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
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
Manufacturer's Warranty
27
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
28
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
Manufacturer's Warranty
any claims under any consumer protection
statutes.
3. Severability: Except as specifically
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.
Manufacturer's Warranty
29
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/prepaidlegal
or upon request. For further information on Sprint
Prepaid plans, products, and services go to sprint.
com/prepaid or call Sprint Prepaid Customer Care
at 1-855-639-4644.
Para solicitar esta literatura en español, por
favor contactar a 1-855-639-4644 o visitar a
sprint.com/prepaidlegalspanish.
Basic Definitions
In this document: (1) “we,” “us,” “our,” “Sprint,” and
“Sprint Prepaid” mean Sprint Solutions, Inc., as
contracting agent on behalf of the applicable
30
Sprint affiliated entities providing the products
and Services; (2) “you,” “your,” “customer,” and
“user” mean an account holder or user with us;
(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 Prepaid-branded offers,
rate or service 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
General Terms and Conditions of Service
v.3-14-14
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 specifically set forth in any in-store
brochure or printed materials, the requirements
and terms set forth in the current Agreement and
transaction materials apply); (iii) any confirmation
materials 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.
v.3-14-14
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 Prepaid 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 Prepaid is not responsible for these
third-party items and associated terms.
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
any time with or without notice.
General Terms and Conditions of Service
31
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,
for example, 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.
Service Activation
To activate the Service, you must both activate
your account and establish an appropriate
account balance to pay for pay-per-use charges
and applicable subscription charges (defined
in the “Types of Charges” section) based on the
service plan you select. To establish an account
32
balance, pay a subscription charge, or make
any other appropriate payments, follow the
instructions provided with the equipment; at
sprint.com/prepaid; or through Sprint Prepaid
Customer Care.
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 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 you continue to access
General Terms and Conditions of Service
v.3-14-14
or use our Services or increase your account
balance on or after the effective date of a change,
you accept the change. Do not access or use our
Services after the effective date of a change if
you decide to reject the change and terminate
Service. You will not be entitled to any credit for
the unused portion of your account balance if
you decide to terminate Service in response to a
change to the Agreement.
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) failure to have or maintain an
appropriate account balance for applicable
charges; (b) harassing/threatening/abusing/
offending our employees or agents; (c) providing
false or inaccurate information; (d) interfering
with our operations; (e) using/suspicion of
v.3-14-14
using Services in any manner restricted by or
inconsistent with the Agreement and Policies;
(f) breaching, failing to follow, or abusing the
Agreement or Policies; (g) modifying a Device
from its manufacturer specifications (for example,
rooting the device); or (h) 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 certain
charges. The effective date of any changes will
depend on our Policies, the old Services, and
the requested Services. We will not credit or
refund any subscription or other charges as a
result of a change in Services. We may—but are
not obligated to—provide you the opportunity
to authorize someone else to make changes
General Terms and Conditions of Service
33
to your Services. You are responsible for any
changes to your Services made by a person you
authorize, and those changes will be treated as
modifications to this Agreement.
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.
34
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
specifications (for example, a device’s software,
memory, and storage), and device performance
may impact access to all of our Services. This
Device is sold exclusively for use with our Service
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,
General Terms and Conditions of Service
v.3-14-14
ownership, or other rights to any phone number,
identification number, email address, or other
identifier that we assign to you, your Device, or
your account. We’ll notify you if we decide to
change or reassign them.
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.
Coverage; Where Your Device Will
Work; Service Speeds
Our coverage maps are available at our
authorized retail locations or sprint.com/
prepaidcoverage. The specific network coverage
you get will depend on the radio transmissions
v.3-14-14
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
General Terms and Conditions of Service
35
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.
charges or limits on the amount of minutes
used while roaming may apply. Certain Services
may not be available or work the same when
roaming (for example, data Services, voicemail,
call waiting, etc.). For information on whether
roaming applies, see your service plan details.
Roaming
About Data Services & Content
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
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
36
General Terms and Conditions of Service
v.3-14-14
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
v.3-14-14
Prepaid may be deleted, modified, 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.
Specific 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 specifically 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 traffic
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,
General Terms and Conditions of Service
37
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 specifically intended for that purpose (for
example, with “phone as modem” plans, mobile
broadband card plans, wireless router plans, etc.).
Software License
If Sprint Prepaid provides you software as part
of the Service and there are not software license
terms provided with the software (by Sprint
Prepaid or by a third party), then Sprint Prepaid
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,
38
decompile, or disassemble the software. Sprint
Prepaid may revoke this license at any time.
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 informed of these types of fees before we
complete the requested transaction.
Usage Charges
The types of charges that you incur will vary
depending on the Service used and your service
plan. You are responsible for the Services on
your account and associated charges, including
charges made by a person you permit to have
direct or indirect access to your device even if you
General Terms and Conditions of Service
v.3-14-14
did not authorize its use. Charges may include,
but are not limited to, prepayment for service
charges; charges for additional services; and
taxes, surcharges, and fees associated with your
Services. For the actual usage charges applicable
to your Service, see the detailed plan or other
information we provide or refer you to during the
sales transaction or on our website. Depending
on your Services, charges for additional services
may include operator and directory assistance,
voicemail, call forwarding, data calls, texts,
international Services, additional voice minutes,
premium services (identified at the time of
Service activation) and Web access. If you (the
account holder) allow end users to access or use
your Device, you authorize end users to access,
download, and use Services. You will generally be
charged for use of Services before or at the time
of use in accordance with your service plan. In
certain instances, we may charge at some point
after you use the Service. Rates that vary based on
the time of access will be determined based on
v.3-14-14
the location of the network equipment providing
service and not the location of your Device or your
Device’s area code (if applicable). Charges are
generally deducted from your account balance
(for example, pay-per-use charges, subscription
charges, etc.), though in some instances you
may be able to pay for certain Services through a
credit card, debit card, or other payment method.
If you have incurred charges or fees that were not
charged prior to your account balance reaching a
zero balance, we may deduct these outstanding,
unpaid charges and fees from any subsequent
amounts you add to your account balance.
Types of Charges
We typically assess the following types of
charges: (1) “pay-per-use charges,” which are
charges assessed each time a Service is used; (2)
“subscription charges,” which are charges that
allow you access to a Service or provide you a
certain amount of use of a Service for a defined
period of time. Subscription charges for Services
General Terms and Conditions of Service
39
end at 11:59 p.m., in the time zone in which your
phone number is based, on the last day of your
subscription period. Also, depending on your
Service, certain types of subscription charges
may be assessed automatically upon activation
and automatically assessed for subsequent
subscription periods; and (3) “download charges,”
which are charges assessed when you download
or access content, which we collect on behalf of
ourselves or third-party content providers.
How We Calculate Your Charges
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
40
the time shortly before the Device starts ringing
until you press “End” or the network connection
otherwise breaks. You’re charged for the entire
call based on the rate that applies to the time
period in which the call starts. However, the
types of charges actually deducted from your
account balance will vary depending on your
Service. Call time data displayed on your device
may be inaccurate and may not be relied upon for
determining charges to your account. Call time
for a single call may be subject to a maximum
duration and may be automatically terminated if
the maximum duration is exceeded.
Data Usage: Depending on your Service, you may
be charged for data usage. Unless we specifically
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
General Terms and Conditions of Service
v.3-14-14
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 fixed price per KB,
and you may be subject to limitations on the
amount of data usage. If you are charged on a
fixed 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 file or Data Content (game, ringer, etc.);
Web page graphics (logos, pictures, banners,
advertisement, etc.); additional data used in
accessing, transporting, and routing the file on
our network; data from partial or interrupted
downloads; re-sent data; and data associated
with unsuccessful attempts to reach websites
v.3-14-14
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 files—are not
reliable predictors of actual usage.
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.
Surcharges
You agree to pay all Sprint Prepaid surcharges
(“Surcharges”), which may include, but are not
limited to: Federal Universal Service; Regulatory
and administrative charges; gross receipts
General Terms and Conditions of Service
41
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 and may vary
depending upon the location of the transaction
or the primary account address of the payment
method or 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
42
on Surcharges is provided during the sales
transaction and is available on our website.
Disputing Charges
Any dispute to a charge that we assess you must be
made in writing within 60 days of the date we deduct
the charge from your account balance. You accept
all charges not properly disputed within the above
time period.
About Account Balances
To keep your account active and avoid service
interruption, you must either maintain a positive
account balance at all times or pay any applicable
subscription charges, depending on your service
plan. Account balances are not transferable,
redeemable for cash, or refundable. Charges are
deducted from either your account balance or
you may be able to pay for certain services with
a credit card, debit card or, as available, Paypal
account (a “registered payment method”).There
General Terms and Conditions of Service
v.3-14-14
may be limits on your account administration, for
example account balance, number change, and
device changes. See the detailed plan or other
information we provide or refer you to during
the sales transaction (also available at
sprint.com/prepaid) for the account status
rules that apply to your Service.
Establishing or Replenishing Account Balances
Information on how you can establish and maintain
an account balance will be provided at activation
and is also available at sprint.com/prepaid or
through Sprint Prepaid Customer Care. The
replenishment methods available to you will
depend on the terms of your Services. A fee may
apply to certain replenishment methods. Some
service plans may provide for automatic account
balance replenishment through, for example,
automatic billing to a credit card or debit card or
automatic debit from an eligible account with a
financial institution. Payment through these
methods may be subject to limitations, including,
v.3-14-14
but not limited to, the number of times an account
may be debited or charged in a particular time
period; the amount that may be debited or
charged from an account; or other limitations
imposed by us or the financial institution that holds
the account.
Switching between Service Plans: Unless
otherwise provided in the detailed plan or other
information we provide or refer you to during the
sales transaction, you may switch current Sprint
Prepaid service plans. When you switch service
plans, you will not receive a refund of any portion
of any previously paid service charges and you
will lose all of your remaining unused minutes,
messages, and data allotment. Some service
plans are available only on certain phones.
Check sprint.com/prepaid for details and options.
Repeated switching is not permitted and may
result in termination of service.
Refunds: We are not responsible for, nor do
we refund, lost, stolen, misused, or damaged
General Terms and Conditions of Service
43
replenishment cards. We do not accept returns
of or provide refunds for replenishment cards.
Please ask your retailer any questions regarding
its return policy. Replenishment cards must be
applied to your account within the time specified
on the card. All replenishment card sales are final
and non-refundable regardless of who uses or
possesses your mobile phone or device after you
purchase services, and regardless of whether the
mobile phone or device is used with your consent
or knowledge.
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 filtering/blocking software to prevent
spam or viruses; limiting throughput; limiting
access to certain websites, applications or
44
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.
Your Privacy
Our Privacy Policy is available at 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) must password protect your account
information by establishing a personal
identification number (“PIN”). You may also set a
General Terms and Conditions of Service
v.3-14-14
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 Prepaid
may, in our sole discretion, treat any person who
presents your credentials that we deem sufficient
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 configuration, type, location,
and destination of telecommunications products
v.3-14-14
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 confidentiality of your CPNI.
For example, we implement safeguards that
are designed to protect your CPNI, including
authentication procedures when you contact us.
Third-Party Applications: If you use a third-party
application, the application may access, collect,
use, or disclose your personal information
or require Sprint Prepaid 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 Prepaid
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
General Terms and Conditions of Service
45
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 Prepaid 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, you must remove all data
from your Device before you submit your Device
to us.
46
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
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 significantly 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 Prepaid 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
General Terms and Conditions of Service
v.3-14-14
authorized user(s) of the terms of use for locationenabled applications and that the Device may
be located.
911 Or Other Emergency Calls
Public safety officials 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
v.3-14-14
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 so we can freeze your account. You may
be responsible for usage charges before 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 credit or refund any account balance if you
choose to terminate Services as a result of loss or
theft of your Device. If you do not either activate
a new device or notify us that you have found
your device within 60 days from the date we froze
General Terms and Conditions of Service
47
your account, your account will be deactivated,
we may assess a charge equal to the balance in
your account (which is not refundable), and, if
applicable, you will lose your phone number.
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, NONINFRINGEMENT, 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
PREPAID PROVIDES ALL SOFTWARE AND
APPLICATIONS ON AN “AS IS” BASIS WITH ALL
FAULTS, ERRORS, AND DEFECTS.
48
You Agree That We Are Not
Responsible For Certain Problems
You agree that neither we nor our parent,
subsidiary, or affiliate companies, nor our
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, deficiencies or problems with a Device
or network coverage (for example, dropped,
blocked, interrupted Services, etc.); (c) traffic
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 filter;
General Terms and Conditions of Service
v.3-14-14
(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 Prepaid
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, fire, 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 backup your information
stored on each.
v.3-14-14
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.
General Terms and Conditions of Service
49
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 Prepaid
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 Prepaid 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 Prepaid
agree to arbitrate all Disputes (as defined
below) on an individual, non-representative,
50
basis. You agree that, by entering into this
Agreement, you and Sprint Prepaid 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
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
General Terms and Conditions of Service
v.3-14-14
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, affiliates,
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 Prepaid
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 Prepaid,
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 Prepaid; (iii) claims that are subject
v.3-14-14
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 Prepaid each agree
to first 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 specific
relief sought. A Notice of Dispute to Sprint
Prepaid should be sent to: General Counsel;
Arbitration Office; 12502 Sunrise Valley Drive,
Mailstop VARESA0202-2C682; Reston, Virginia
20191. Sprint Prepaid 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
Prepaid will assign a representative to work
General Terms and Conditions of Service
51
with you and try to resolve your Dispute to your
satisfaction. You and Sprint Prepaid 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-five (45) days of receipt of the
Notice of Dispute, you or Sprint Prepaid may
commence an arbitration proceeding or small
claims action.
Arbitration Terms, Process, Rules
and Procedures
(1) Unless you and Sprint Prepaid 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 modified by
this agreement to arbitrate, including the rules
about the filing, administration, discovery and
52
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
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 conflicts with the JAMS
Policy on Consumer Arbitrations Pursuant
to Pre-Dispute Clauses Minimum Standards
for Procedural Fairness (the “Minimum
Standards”), the Minimum Standards in
General Terms and Conditions of Service
v.3-14-14
that regard will apply. However, nothing in
this paragraph will require or allow you or
Sprint Prepaid 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
PREPAID 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 Prepaid 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
v.3-14-14
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 Prepaid will
pay for any filing 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 findings and conclusions which
form the basis of the award. The arbitrator’s
decision and award is final 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
General Terms and Conditions of Service
53
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 Prepaid on
your behalf.
No Trial By Jury and No Class Actions
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
54
CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY
OTHER PROCEEDING.
Indemnification
You agree to indemnify, defend, and hold Sprint
Prepaid and our subsidiaries, affiliates, 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 violating this Agreement or
any policy referenced in this Agreement, any
applicable law or regulation, or the rights of any
third party.
General Terms and Conditions of Service
v.3-14-14
Providing Notice To Each Other
Under The Agreement
Except as the Agreement specifically provides
otherwise, you must deliver written notice to
us by mail to SPP, NSSG SBU 1084 S. Laurel Rd.,
London, KY 40744. We will provide you notice by
correspondence to your last known address in
our records, 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.
Other Important Terms
Subject to federal law or unless the Agreement
specifically provides otherwise, this Agreement
is governed solely by the laws of the state
encompassing the area code assigned to your
Device, without regard to the conflicts of law
rules of that state. If either of us waives or doesn’t
v.3-14-14
enforce a requirement under this Agreement in an
instance, we don’t waive our right to later enforce
that requirement. Except as the Agreement
specifically 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 benefit
of any third party except our corporate parents,
affiliates, 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 Devices or Services to
another party. You cannot export any Device. 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
General Terms and Conditions of Service
55
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]
56
General Terms and Conditions of Service
v.3-14-14
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 fit.
You may go to websites you like and you may
download or use applications or software that
you choose.
[Page intentionally left blank.]
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 files 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
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Important Message
57
©2015 Sprint. All rights reserved. Sprint and the logo are trademarks of Sprint. HTC, the
HTC logo, HTC Desire, and the HTC Desire logo are trademarks or registered trademarks
in the U.S. and/or other countries of HTC Corporation and its affiliates. Other marks are
the property of their respective owners.

---

Source Exif Data:

File Type                       : PDF
File Type Extension             : pdf
MIME Type                       : application/pdf
PDF Version                     : 1.6
Linearized                      : Yes
Encryption                      : Standard V2.3 (128-bit)
User Access                     : Print, Copy, Extract
Tagged PDF                      : Yes
XMP Toolkit                     : Adobe XMP Core 4.0-c316 44.253921, Sun Oct 01 2006 17:14:39
Create Date                     : 2015:06:02 10:16:11+08:00
Modify Date                     : 2015:06:05 15:20:17+08:00
Metadata Date                   : 2015:06:05 15:20:17+08:00
Creator Tool                    : Adobe InDesign CS5.5 (7.5)
Page Image Page Number          : 1, 2
Page Image Format               : JPEG, JPEG
Page Image Width                : 256, 256
Page Image Height               : 256, 256
Page Image                      : (Binary data 6552 bytes, use -b option to extract), (Binary data 8882 bytes, use -b option to extract)
Instance ID                     : uuid:03e22306-0aa9-4232-a6c9-f56a769e8bf5
Original Document ID            : adobe:docid:indd:88331d26-93c7-11dc-9e56-acffc96d8079
Document ID                     : xmp.did:A212C2E63F06E51180F2DEBB84164F4A
Rendition Class                 : proof:pdf
Derived From Instance ID        : xmp.iid:66BC7AE23F06E51180F2DEBB84164F4A
Derived From Document ID        : xmp.did:7E71EE7E0605E511A0DE8BAB97607FBB
Derived From Original Document ID: adobe:docid:indd:88331d26-93c7-11dc-9e56-acffc96d8079
Derived From Rendition Class    : default
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