Inseego NVWMIFI5580 Portable Device with Wireless Router Capabilities User Manual

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Document ID	2015864
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Document Description	User Manual
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Date Submitted	2013-06-28 00:00:00
Date Available	2013-09-17 00:00:00
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Important Information
for the MiFi® 500
Important Safety Information – page 3
Manufacturer’s Warranty – page 12
General Terms and Conditions of Service – page 14
Important Message from Sprint – page 42
500
General Precautions
Important Safety
Information
♦♦ General Precautions (page 3)
♦♦ Maintaining Safe Use of and Access to Your
♦♦
♦♦
♦♦
♦♦
MiFi 500 (page 4)
Caring for the Battery (page 6)
Radio Frequency (RF) Energy (page 7)
Owner’s Record (page 10)
User Guide Proprietary Notice (page 10)
This booklet contains important operational and
safety information that will help you safely use your
MiFi 500. Failure to read and follow the information
provided in this booklet may result in serious bodily
injury, death, or property damage.
There are several simple guidelines to operating
your MiFi 500 properly and maintaining safe,
satisfactory service.
• Avoid exposing your MiFi 500 and accessories to
rain or liquid spills. If your MiFi 500 does get wet,
immediately turn the power off and remove the
battery.
• Do not expose your MiFi 500 to direct sunlight
for extended periods of time (such as on the
dashboard of a car).
• Although your MiFi 500 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 MiFi 500 not
expressly approved in this document could void
your warranty for this equipment and void your
authority to operate this equipment.
Important Safety Information
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Note: For the best care of your device, only Sprint-
authorized personnel should service your
MiFi 500 and accessories. Failure to do so may
be dangerous and void your warranty.
Maintaining Safe Use of and Access
to Your MiFi 500
Using Your MiFi 500 While Driving
Laws vary as to specific restrictions. Remember that
safety always comes first.
Following Safety Guidelines
To operate your MiFi 500 safely and efficiently,
always follow any special regulations in a given
area. Turn your MiFi 500 off in areas where use is
forbidden or when it may cause interference or
danger.
Using Your MiFi 500 Near Other Electronic
Devices
Most modern electronic equipment is shielded from
radio frequency (RF) signals. However, RF signals
from wireless devices 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.
Important Safety Information
Note: Always turn off the MiFi 500 in healthcare
facilities, and request permission before using the
MiFi 500 near medical equipment.
Turning Off Your MiFi 500 Before Flying
Turn off your MiFi 500 before boarding any aircraft. To
prevent possible interference with aircraft systems,
the U.S. Federal Aviation Administration (FAA)
regulations require you to have permission from a
crew member to use your MiFi 500 while the plane
is on the ground. To prevent any risk of interference,
FCC regulations prohibit using your MiFi 500 while
the plane is in the air.
Turning Off Your MiFi 500 in Dangerous
Areas
To avoid interfering with blasting operations, turn
your MiFi 500 off when in a blasting area or in other
areas with signs indicating two-way radios should
be turned off. Construction crews often use remotecontrol RF devices to set off explosives.
Turn your MiFi 500 off when you’re in any area that
has a potentially explosive atmosphere. Although
it’s rare, your MiFi 500 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
MiFi 500 or accessories.
Important Safety Information
e
ey
Restricting Children’s Access to Your
MiFi 500
Your MiFi 500 is not a toy. Do not allow children to
play with it as they could hurt themselves and others,
damage the MiFi 500 or use data that increases your
Sprint invoice.
•
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 mobile
broadband devices. Use only Sprint-approved
•
•
•
•
•
•
or manufacturer-approved batteries and
accessories found at Sprint Stores or through your
device’s manufacturer, or call 1-866-866-7509
to order. They’re also available at www.sprint.
com/accessories. Buying the right batteries and
accessories is the best way to ensure they’re
genuine and safe.
In order to avoid damage, charge the battery only
in temperatures that range from 32° F to 113° F
(0° C to 45° 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
Important Safety Information
recharged hundreds of times before it needs
replacing.
• Don’t store the battery in high temperature areas
for long periods of time. It’s best to follow these
storage rules:
▪▪Less than one month:
-4° F to 131° F (-20° C to 55° C)
▪▪More than one month:
14° F to 113° F (-10° C to 45° 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.
Radio Frequency (RF) Energy
Understanding How Your MiFi 500 Operates
Your device is basically a radio transmitter and
receiver. When it’s turned on, it receives and
transmits radio frequency (RF) signals. When you
use your MiFi 500, the system handling your call
controls the power level. This power can range from
0.006 watt to 0.2 watt in digital mode.
Knowing Radio Frequency Safety
The design of your device complies with updated
NCRP standards described below.
In 1991–92, the Institute of Electrical and Electronics
Engineers (IEEE) and the American National
Standards Institute (ANSI) joined in updating ANSI’s
1982 standard for safety levels with respect to human
exposure to RF signals. More than 120 scientists,
engineers and physicians from universities,
government health agencies and industries
developed this updated standard after reviewing
Important Safety Information
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the available body of research. In 1993, the Federal
Communications Commission (FCC) adopted this
updated standard in a regulation. In August 1996,
the FCC adopted hybrid standard consisting of the
existing ANSI/IEEE standard and the guidelines
published by the National Council of Radiation
Protection and Measurements (NCRP).
Body-Worn Operation
To maintain compliance with FCC RF exposure
guidelines, if you wear a handset on your body,
use a Sprint-supplied or Sprint-approved carrying
case, holster or other body-worn accessory. If you
do not use a body-worn accessory, ensure the
antenna is at least 7/16 inch (1.5 centimeters) from
your body when transmitting. Use of non-Sprintapproved accessories may violate FCC RF exposure
guidelines.
For more information about RF exposure, visit the
FCC website at www.fcc.gov.
Specific Absorption Rates (SAR) for
Wireless Devices
The SAR value corresponds to the relative amount
of RF energy absorbed into the head of a user of a
wireless handset.
The SAR value of a device is the result of an
extensive testing, measuring and calculation
process. It does not represent how much RF the
device emits. All device models are tested at their
highest value in strict laboratory settings. But
when in operation, the SAR of a device can be
substantially less than the level reported to the FCC.
This is because of a variety of factors including its
proximity to a base station antenna, device design
and other factors. What is important to remember
is that each device meets strict federal guidelines.
Variations in SARs do not represent a variation in
safety.
All devices must meet the federal standard, which
incorporates a substantial margin of safety. As stated
above, variations in SAR values between different
model devices do not mean variations in safety. SAR
Important Safety Information
values at or below the federal standard of 1.6 W/kg
are considered safe for use by the public.
The highest reported SAR values of the MiFi 500 are:
Cellular CDMA mode (Part 22)
Body-worn: 1.49 W/kg (1g)
PCS mode (Part 24)
Body-worn: 1.32 W/kg (1g)
LTE Band 25
1.43W/kg
LTE Band 26
1.44W/kg
LTE Band 41
1.10W/kg
802.11
0.11 W/kg
FCC ID number: PKRNVWMIFI5580
More information on the device’s SAR can be found
from the following FCC website:
http://www.fcc.gov/oet/ea/.
FCC Notice
This device complies with Part 15 of the FCC Rules.
Operation is subject to the following two conditions:
(1) this device may not cause harmful interference,
and (2) this device must accept any interference
received, including interference that may cause
undesired operation.
Changes or 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.
FCC Radio Frequency Emission
This meets the FCC Radio Frequency Emission
Guidelines.
Important Safety Information
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These limits are designed to provide reasonable
protection against harmful interference in a
residential installation. This equipment generates,
uses and can radiate radio frequency energy and,
if not installed and used in accordance with the
instructions, may cause harmful interference to radio
communications.
However, there is no guarantee that interference will
not occur in a particular installation.
If this equipment does cause harmful interference
to radio or television reception, which can be
determined by turning the equipment off and on, the
user is encouraged to try to correct the interference
by one or more of the following measures:
• Reorient the direction of the internal antenna.
• Increase the separation between the equipment
and receiver.
• Connect the equipment into an outlet on a
circuit different from that to which the receiver is
connected.
• Consult the dealer or an experienced radio/TV
technician for help.
Owner’s Record
The model number, regulatory number, and serial
number are located on a nameplate inside the
battery compartment. Record the serial number in
the space provided below. This will be helpful if you
need to contact us about your device in the future.
Model:
Serial No.:
User Guide Proprietary Notice
Patents and Licenses
Visit www.novatelwireless.com/patents for a
complete list of all Novatel Wireless patents.
Software License
Proprietary Rights Provisions
The software drivers provided with this product are
copyrighted by Novatel Wireless and/or Novatel
Wireless’ suppliers. Although copyrighted, the
software drivers are unpublished and embody
valuable trade secrets proprietary to Novatel
Important Safety Information
10
Wireless and/or Novatel Wireless’ suppliers. The
disassembly, decompilation, and/or Reverse
Engineering of the software drivers for any
purpose is strictly prohibited by international law.
The copying of the software drivers, except for a
reasonable number of back-up copies is strictly
prohibited by international law. It is forbidden by
international law to provide access to the software
drivers to any person for any purpose other than
processing the internal data for the intended use of
the software drivers.
U.S. Government Restricted Rights Clause
The software drivers are classified as “Commercial
Computing device Software” and the U.S.
Government is acquiring only “Restricted Rights” in
the software drivers and their Documentation.
11
U.S. Government Export Administration Act
Compliance Clause
It is forbidden by US law to export, license
or otherwise transfer the software drivers or
Derivative Works to any country where such
transfer is prohibited by the United States Export
Administration Act, or any successor legislation, or in
violation of the laws of any other country.
Trademarks and Service Marks
Novatel Wireless is a trademark of Novatel Wireless,
Inc., and the other trademarks, logos, and service
marks (collectively the “Trademarks”) used in this
user manual are the property of Novatel Wireless
or their respective owners. Nothing contained in
this document should be construed as granting by
implication, estoppel, or otherwise, a license or right
of use of Novatel Wireless or any other Trademark
displayed in this user manual without the written
permission of Novatel Wireless or its respective
owners.
Important Safety Information
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 www.sprint.
com or call Sprint Customer Service at 1-888-2114727.
Manufacturer’s Warranty
Novatel Wireless, Inc. warrants for the 12-month
period immediately following receipt of the Product
by Purchaser that the Product will be free from
defects in material and workmanship under normal
use. THESE WARRANTIES ARE EXPRESSLY IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL
IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
The exclusive remedy for a claim under this warranty
shall be limited to the repair or replacement, at
Novatel Wireless’ option, of defective or nonconforming materials, parts or components. The
foregoing warranties do not extend to (I) non
conformities, defects or errors in the Products
due to accident, abuse, misuse or negligent use
of the Products or use in other than a normal and
customary manner, environmental conditions not
conforming to Novatel Wireless’ specification, of
failure to follow prescribed installation, operating
and maintenance procedures, (II) defects, errors or
nonconformities in the Product due to modifications,
alterations, additions or changes not made in
accordance with Novatel Wireless’ specifications
or authorized by Novatel Wireless, (III) normal wear
and tear, (IV) damage caused by force of nature or
act of any third person, (V) shipping damage, (VI)
service or repair of Product by the purchaser without
prior written consent from Novatel Wireless, (VII)
products designated by Novatel Wireless as beta
site test samples, experimental, developmental,
reproduction, sample, incomplete or out of
Manufacturer's Warranty
12
specification Products, or (VIII) returned products if
the original identification marks have been removed
or altered.
13
Manufacturer's Warranty
v.
General Terms and
Conditions of Service
Please note that these terms may not be the
most current version. A current version of the
terms is available at our website at sprint.com/
termsandconditions or upon request.
Para solicitar esta literatura en español, por
favor contactar a 1-800-777-4681 o visitar a
sprint.com/espanol.
Basic Definitions
In this document: (1) “we,” “us,” “our,” and “Sprint”
mean Sprint Solutions, Inc., as contracting agent
on behalf of the applicable Sprint affiliated entities
providing the products and Services; (2) “you,”
“your,” “customer,” and “user” mean an account
holder with us or any user of our Devices or Services;
(3) “Device” means any phone, aircard, mobile
v.7-1-13
broadband device, any other device, accessory, or
other product that we provide you, we sell to you, or
is active on your account with us; and (4) “Service”
means Sprint-branded offers, rate plans, options,
wireless services, billing services, applications,
programs, products, software, or Devices on your
account with us. “Service(s)” also includes any other
product or service that we offer or provide to you that
references these General Terms and Conditions of
Service (“Ts&Cs”).
The Service Agreement
These Ts&Cs are part of your service agreement
with us (the “Agreement”) and constitute a
contract under which we provide you Services
under terms and conditions that you accept.
THIS AGREEMENT CONTAINS A MANDATORY
ARBITRATION PROVISION WITH A CLASS WAIVER,
A REPRESENTATIVE ACTION WAIVER, AND A JURY
WAIVER PROVISION. In addition to these Ts&Cs,
there are several parts of the Agreement, which
includes but is not limited to the following: (i) the
subscriber agreement and transaction materials
General Terms and Conditions of Service
14
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 written Agreement and
transaction materials apply); (iii) any confirmation
materials and invoices that we may provide to you;
and (iv) the terms set forth in the coverage map
brochures. It is important that you carefully read all of
the terms of the Agreement.
Additional Terms
Additional terms will apply when you use certain
applications, programs, Devices, and services, and
these terms will be provided to you prior to your use
of the items. Depending on who provides the items,
the terms may come from Sprint or a third party.
You are subject to any terms provided by the third
party, and the terms are directly between you and
that third party. Sprint is not responsible for these
15
third-party items and associated terms. Additional
terms will also apply if you activate Services as part
of a bundle with another company’s services (for
example, cable services, home phone services,
etc.). The additional terms for bundled Services
may either modify or replace certain provisions in
these Ts&Cs, including terms relating to activation,
invoicing, payment, and disputing charges. Also, a
different dispute resolution provision may apply to
services provided by another company (the dispute
resolution provisions in this Agreement will still apply
to our Services). You will be provided details on any
additional terms with your selection of any bundled
Service. For employee and organization discounts,
the discount percentage may vary from monthto-month based on the terms of the agreement
between your employer, association, or organization
and Sprint. The discount will be zero after your
agreement or your organization’s agreement
with Sprint ends. Additional terms and eligibility
requirements regarding organization discounts will
be provided to you.
General Terms and Conditions of Service
v.7-1-13
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Our Policies
Services are subject to our business policies,
practices, and procedures (“Policies”). You agree
to adhere to all of our Policies when you use our
Services. Our Policies are subject to change at
anytime with or without notice.
When You Accept The Agreement
You must have the legal capacity to accept the
Agreement. You accept the Agreement when you
do any of the following: (a) accept the Agreement
through any printed, oral, or electronic statement,
including on the Web by electronically marking that
you have reviewed and accepted; (b) attempt to or in
any way use the Services; (c) pay for the Services; or
(d) open any package or start any program that says
you are accepting the Agreement when doing so.
If you don’t want to accept the Agreement, don’t do
any of these things.
will
13
v.7-1-13
Term Commitments & Early
Termination Fees
Sprint provides a variety of Services, some of
which require you to maintain Your Services on
a month to month basis or for a minimum term,
usually 1 or 2 years (“Term Commitment”). If your
Agreement contains a Term Commitment, you will
be charged a fee (“Early Termination Fee”) for each
line of Service that you terminate early (i.e., prior to
satisfying the Term Commitment) or for each line
of Service that we terminate early for good reason
(for example, violating the payment or other terms
of the Agreement) but such Early Termination Fee
will be prorated based on your remaining Term
Commitment. Early Termination Fees are a part
of our rates. Any Term Commitment, the length of
the Term Commitment, and the applicable Early
Termination Fee amounts and proration will be
disclosed to you during the sales transaction.
Carefully review any Term Commitment and Early
Termination Fee requirements prior to selecting
Services. After you have satisfied your Term
General Terms and Conditions of Service
16
Commitment, your Services continue on a monthto-month basis under the then-current Terms and
Conditions and Service policies. Services offered on
a subscription basis, as described in the “Account
& Service Charges” section, may not require a Term
Commitment and may not automatically renew. As
explained directly below, there are instances when
you will not be responsible for an Early Termination
Fee for terminating Services early.
When You Don’t Have To Pay An Early
Termination Fee
You aren’t responsible for paying an Early
Termination Fee when terminating Services: (a)
provided on a month-to-month basis; (b) provided
on a subscription basis that do not include a Term
Commitment; (c) consistent with our published trial
period return policy; or (d) in response to a materially
adverse change that we make to the Agreement as
described directly below.
17
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 a change we make to the Agreement
is material and has a material adverse effect on
Services under your Term Commitment, you may
terminate each line of Service materially adversely
affected without incurring an Early Termination
Fee only if: (a) you call us within 30 days after the
effective date of the change; (b) you specifically
advise us that you wish to cancel Services because
of a material change to the Agreement that we have
General Terms and Conditions of Service
v.7-1-13
v.
&
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13
made; and (c) we fail to negate the change after you
notify us of your objection to it. If you do not notify us
and cancel Service within 30 days of the change,
an Early Termination Fee will apply if you terminate
Services before the end of any applicable Term
Commitment.
Our Right To Suspend Or Terminate
Services
We can, without notice, suspend or terminate any
Service at any time for any reason. For example,
we can suspend or terminate any Service for
the following: (a) late payment; (b) exceeding
an Account Spending Limit; (c) harassing/
threatening/abusing/offending our employees
or agents; (d) providing false or inaccurate
information; (e) interfering with our operations;
(f) using/suspicion of using Services in any
manner restricted by or inconsistent with the
Agreement and Policies; (g) breaching, failing to
follow, or abusing the Agreement or Policies; (h)
providing false, inaccurate, dated, or unverifiable
identification or credit information or becoming
v.7-1-13
insolvent or bankrupt; (i) modifying a Device from its
manufacturer specifications (for example, rooting the
device); (j) failing to use our Services for an extended
period of time; (k) failing to maintain an active Device
in connection with our Services; or (l) if we believe
the action protects our interests, any customer’s
interests, or our networks.
Your Right To Change Services & When
Changes Are Effective
The account holder can typically change Services
upon request. In some instances, changes may be
conditioned on payment of an Early Termination
Fee or certain other charges, or they may require a
new Term Commitment. Changes to Services are
usually effective at the start of the next full invoicing
cycle. If the changes take place sooner, your invoice
may reflect pro-rated charges for your old and new
Services. We may, but are not obligated to, provide
you the opportunity to authorize someone else to
make changes to your Services, which will include
the authority to make changes that will extend your
Term Commitment. You are responsible for any
General Terms and Conditions of Service
18
changes to your Services made by a person you
authorize, and those changes will be treated as
modifications to this Agreement.
Your Right To Terminate Services
You can terminate Services at any time by calling
us and requesting that we deactivate all Services.
In addition, if you return or provide your Device to
Sprint and fail to either deactivate service on the
Device or activate another Device in connection
with your Service, we reserve the right to terminate
your Service, and if you are subject to a Term
Commitment, you may be charged all or part of
an Early Termination Fee. You are responsible for
all charges billed or incurred prior to deactivation.
If Services are terminated before the end of your
invoicing cycle, we won’t prorate charges to the
date of termination and you won’t receive a credit or
refund for any unused Services. Except as provided
above, if you are subject to an Early Termination Fee,
you must also pay the invoiced Early Termination
Fee for each line of Service that you terminate early.
19
Credit Checks & Credit Information
We agree to provide you Services on the condition
that you have and maintain satisfactory credit
according to our standards and policies. You
agree to provide information that we may request
or complete any applications that we may provide
you to facilitate our review. We rely on the credit
information you furnish, credit bureau reports
or other data available from commercial credit
reference services, and other information (such as
payment history with us) to determine whether to
provide or continue to provide you Services. The
Services we offer you can vary based on your credit
history. We may at any time, based on your credit
history, withdraw or change Services or place limits
or conditions on the use of our Services. You agree
to provide us updated credit information upon
request. We may provide your payment history and
other account billing/charge information to any
credit reporting agency or industry clearinghouse.
General Terms and Conditions of Service
v.7-1-13
v.
n
dit
ts
13
Account Spending Limits (“ASL”)
An ASL is a temporary or permanent limit (typically
based on credit history, payment history, or to
prevent fraud) that we place on the amount of
unpaid charges you can accumulate on your
account, regardless of when payment on those
charges is due. We reserve the right to determine
which charges count toward an ASL. If you have an
ASL, we may suspend your Services without prior
notice if your account balance reaches the ASL,
even if your account is not past due. We may impose
or increase an ASL at any time with notice. An ASL is
for our benefit only and should not be relied on by
you to manage usage.
Deposits & Returning Deposits
We may at any time require a deposit as a guarantee
of payment for you to establish or maintain Service
(“Deposit”). By providing us a Deposit, you grant us
a security interest for all current or future amounts
owed to us. We may change the Deposit at any
time with notice. You can’t use a Deposit to make or
v.7-1-13
delay payments. The Deposit, the length of time we
hold the Deposit, and changes to the Deposit are
determined based on your credit history, payment
history, and other factors. Unless prohibited by law,
we may mix Deposits with our other funds and it
won’t earn interest, and we reserve the right to return
the Deposit as a credit on your invoice at anytime. If
your Services are terminated for any reason, we may
keep and apply your Deposit to any outstanding
charges. We’ll send any remaining portion of the
Deposit to your last known address within 90 days
after your final invoice—if it is returned to us, we will
forward it on to the appropriate state authorities to
the extent required by law.
Restrictions On Using Services
You can’t use our Services: (a) in a way that could
cause damage or adversely affect any of our other
customers or our reputation, networks, property, or
Services; or (b) in any way prohibited by the terms
of our Services, the Agreement, or our Policies. You
cannot in any manner resell the Services to another
party. For additional restrictions on the use of our
General Terms and Conditions of Service
20
Services, see our Acceptable Use Policy and Visitors
Agreement, which are available on our website, and
the detailed plan or other information on Services
that we provide or refer you to during the sales
transaction.
Your Device, Number & Email Address
proprietary, 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. Your CDMA Sprint PCS phone
may have software programming lock that protects
certain of the handset’s operating parameters
against unauthorized reprogramming. If your device
has a software programming lock, and you wish
to obtain the software program lock code for your
CDMA Sprint PCS phone, please visit sprint.com
or call 1-888-211-4727 for information and eligibility
requirements.
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
Porting/Transferring Phone Numbers
specifications (for example, a device’s software,
memory, and storage), and device performance may
We don’t guarantee that number transfers to or
impact access to all of our Services. Your Device
from us will be successful. If you authorize another
is designed to be activated on our networks and in
carrier to transfer a number away from us, then that
other coverage areas that we may make available
is considered a request by you to us to terminate
to you. As programmed, it will not accept wireless
all of the Services associated with that number.
You’re responsible for all charges billed or incurred
service from another carrier. Except for any legal right
prior to deactivation and for any applicable Early
you may have to port/transfer your phone number
Termination Fees.
to another carrier, you have no—and cannot gain
any (for example, through publication, use, etc.)—
21
General Terms and Conditions of Service
v.7-1-13
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e
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Coverage; Where Your Device Will
Work; Service Speeds
Our coverage maps are available at our authorized
retail locations and on sprint.com. The specific
network coverage you get will depend on the radio
transmissions your Device can pick up and Services
you’ve chosen. Our coverage maps provide high
level estimates of our coverage areas when using
Services outdoors under optimal conditions.
Coverage isn’t available everywhere. Coverage and
Service speeds are not guaranteed. Coverage is
subject to change without notice. Service speeds
may depend on the Service purchased. Actual
speeds will vary. Estimating wireless coverage,
signal strength, and Service speed is not an exact
science. There are gaps in coverage within our
estimated coverage areas that-along with other
factors both within and beyond our control (for
example, network problems, network or Internet
congestion, software, signal strength, your
Device, structures, buildings, weather, geography,
topography, server speeds of the websites you
access, actions of third parties, etc.)-may result in
v.7-1-13
dropped and blocked connections, slower Service
speeds, or otherwise impact the quality of Service.
Services that rely on location information, such as
E911 and GPS navigation, depend on your Device’s
ability to acquire satellite signals (typically not
available indoors) and network coverage. While your
Device is receiving a software update, you may be
unable to use your Device in any manner until the
software update is complete.
Roaming
The term “roaming” typically refers to coverage on
another carrier’s network that we may make available
to you based on our agreements with other carriers.
These agreements may change from time to time, and
roaming coverage is subject to change without notice.
Your ability to receive roaming coverage depends on
the radio transmissions your Device can pick up and
the availability of roaming coverage. We make no
guarantee that roaming coverage will be available.
Roaming coverage may exist both within and
outside our network coverage areas. Your Device will
generally indicate when you’re roaming. Depending
General Terms and Conditions of Service
22
on your Services, separate charges or limits on the
amount of minutes used while roaming may apply.
Certain Services may not be available or work the
same when roaming (for example, data Services,
voicemail, call waiting, etc.). For information on
whetherroaming applies, see yourservice plan details.
About Data Services & Content
Our data Services and your Device may allow you
to access the Internet, text, pictures, video, games,
graphics, music, email, applications, sound, and
other materials (“Data Content”) or send Data
Content elsewhere. Some Data Content is available
from us or our vendors, while other Data Content
can be accessed from others (for example, third
party websites, games, ringers, applications,
etc.). We make absolutely no guarantees about
the Data Content that you access on your Device.
Data Content may be: (1) unsuitable for children/
minors; (2) unreliable or inaccurate; or (3) offensive,
indecent, or objectionable. You’re solely responsible
for evaluating the Data Content accessed by you
or anyone through your Services. We strongly
23
recommend that you monitor data usage by
children/minors. Data Content from third parties
may also harm your Device or its software. We are
not responsible for any Data Content. We are not
responsible for any damage caused by any Data
Content that you access through your Services, that
you load on your Device, or that you request that
our representatives access or load on your Device.
To protect our networks and Services or for other
reasons, we may place restrictions on accessing
certain Data Content (such as certain websites,
applications, etc.); impose separate charges; limit
throughput or the amount of data that you can
transfer; or otherwise limit or terminate Services. If we
provide you storage for Data Content that you have
purchased, then we may delete the Data Content
without notice or place restrictions/limits on the use
of storage areas. Data Content stored on a Device,
transmitted over our networks, or stored by Sprint
may be deleted, 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
General Terms and Conditions of Service
v.7-1-13
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13
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, 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
v.7-1-13
you have selected as specifically intended for that
purpose (for example, with “phone as modem”
plans, Sprint Mobile Broadband card plans, wireless
router plans, etc.).
Software License
If Sprint provides you software as part of the Service
and there are not software license terms provided
with the software (by Sprint or by a third party), then
Sprint grants you a limited, revocable, non-exclusive,
non-transferable license to use the software to
access the Services for your own individual use. You
will not sell, resell, transfer, copy, translate, publish,
create derivative works of, make any commercial
use of, modify, reverse engineer, decompile, or
disassemble the software. Sprint may revoke this
license at any time.
Fees, Activation & Miscellaneous
Charges
Based on our Policies, we may charge activation,
prepayment, reactivation, program, or other fees to
General Terms and Conditions of Service
24
establish, change, or maintain Services. Certain
transactions may also be subject to a charge (for
example, convenience payment, changing phone
numbers, handset upgrades, etc.). You will be
provided notice of these types of fees before we
complete the requested transaction.
Account & Service Charges
You are responsible for all charges associated with
your account and the Services on your account,
no matter who adds or uses the Services. Charges
include, but are not limited to, the monthly recurring
charges, usage charges, charges for additional
services, taxes, surcharges, and fees associated
with your Services. These charges are described
or referred to during the sales transaction, in our
marketing materials, and in confirmation materials
that we may send to you. Depending on your
Services, charges for additional services may
include operator and directory assistance, voicemail,
call forwarding, data calls, texts, and Web access. If
you (the account holder) allow end users to access
25
or use your Devices, you authorize end users to
access, download, and use Services. You may
have the opportunity to purchase Services on a
subscription basis where we assess subscription
charges that allow you access to the Services and/or
provide you a certain amount of use of the Services
for a defined period of time. Depending on your
Service, certain types of subscription charges may
be assessed automatically upon activation and
automatically assessed for subsequent subscription
periods. Subscription Services offered on a
recurring basis do not end until terminated by you
or us. Subscription charges for recurring Services
occur at the beginning of each bill cycle. Information
regarding your bill cycle for subscription Services
will be provided when you order the Services.
For Services offered on a per-day basis, you will
generally be charged for use before or at the time
of use. In certain instances, we may charge you
at some point after you use the Services. Unless
otherwise disclosed, Services offered on a per-day
basis end 24 hours after Service is initiated.
General Terms and Conditions of Service
v.7-1-13
v.
13
How We Calculate Your Charges For
Billing Purposes
Regular Voice Calls: We round up partial minutes
of use to the next full minute. Time starts when you
press “Talk” or your Device connects to the network
and stops when you press “End” or the network
connection otherwise breaks. You’re charged for
all calls that connect, even to answering machines,
voicemail, or voice transcription services. You won’t
be charged for unanswered calls or if you get a busy
signal. For incoming calls answered, you’re charged
from the time shortly before the Device starts ringing
until you press “End” or the network connection
otherwise breaks. If charges vary depending on
the time of day that you place or receive calls (for
example, Nights and Weekend plans), you’re
charged for the entire call based on the rate that
applies to the time period in which the call starts. Call
time for a single call may be subject to a maximum
duration and may be automatically terminated if
the maximum duration is exceeded. Rates that vary
based on the time of access will be determined
v.7-1-13
based on the location of the network equipment
providing service and not the location of your Device
or your Device’s area code (if applicable).
Push-to-Talk Charges: Charges for push-to-talk
calls are billed to the person who starts the call and
calculated by multiplying the duration of the call
by the applicable rate and number of participants.
You’re charged at least 6 seconds of airtime for each
call you start; subsequent communications in the
same call are rounded up to and billed to the next
second. Time begins when you press any button
to start a push-to-talk call and ends approximately
6 seconds after completion of a communication
to which no participant responds. Subsequent
push-to-talk communications are considered new
calls. Charges apply for the entire period of time
the push-to-talk call is connected to our network.
Depending on your plan, nationwide, international,
or group push-to-talk calls may use the local
push-to-talk minutes in your plan and result in
additional or different charges. Responses to call
alert transmissions are treated as new push-to-talk
General Terms and Conditions of Service
26
transmissions even when responding within 6
seconds of receiving the alert. Push-to-talk billing
methods are subject to change as we introduce new
push-to-talk Services.
Data Usage: Unless we 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 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
27
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 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. Your bill won’t
separately list the number of KB attributed to a
specific action/data session.
Your Bill
Your bill provides you notice of your charges. It
reflects monthly recurring charges (usually billed
one bill cycle in advance), fees, taxes, Surcharges,
product and equipment charges, subscription
General Terms and Conditions of Service
v.7-1-13
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charges, and usage/transaction specific charges
(usually billed in the bill cycle in which they’re
incurred). Some usage charges, such as those that
depend on usage information from a third party,
may be billed in subsequent bill cycles and result
in higher than expected charges for that month. Bill
cycles and dates may change from time to time.
Your bill may also include other important notices
(for example, changes to your Agreement, to your
Service, legal notices, etc.). Your paper bill may not
include itemized billing detail. More specific billing
information is available online. Paper bills may be
subject to an additional charge. Unless prohibited
by law, other charges (for example, data Services or
taxes and surcharges) will not include itemized detail
but will be listed as total charges for a category. If you
choose Internet billing, you will not receive paper
bills.
Your Payments; Late Fees
Payment is due in full as stated on your bill. If we
do not receive payment in full by the date specified
on your bill, a late payment charge, which may be
v.7-1-13
charged at the highest rate permissible by law, may
be applied to the total unpaid balance. We may
also charge you any costs we pay to a collection
agency to collect unpaid balances from you. If
we bill you for amounts on behalf of a third party,
payments received are first applied to our charges.
You may be charged additional fees for certain
methods of payment. We may charge you, up to
the highest amount permitted by law, for returned
checks or other payments paid by you and denied
for any reason by a financial institution. Acceptance
of payments (even if marked “paid in full”) does
not waive our right to collect all amounts that you
owe us. We may restrict your payment methods to
cashier’s check, money order, or other similar secure
form of payment at any time for good reason.
Taxes & Government Fees
You agree to pay all federal, state, and local taxes,
fees, and other assessments that we’re required by
law to collect and remit to the government on the
Services that we provide to you. These charges may
change from time to time without advance notice. If
General Terms and Conditions of Service
28
you’re claiming any tax exemption, you must provide
us with a valid exemption certificate. Tax exemptions
generally won’t be applied retroactively.
Surcharges
You agree to pay all Sprint surcharges
(“Surcharges”), which may include, but are not
limited to: Federal Universal Service; Regulatory and
Administrative charges; gross receipts charges, and
other charges. Surcharges are not taxes, and we are
not required by law to assess them. They are part of
our rates we choose, at our discretion, to collect from
you, to recover certain costs and are kept by us. The
number and type of Surcharges will be provided
on your invoice and may vary depending upon the
location of the billing address of the Device and
can change over time. We determine the amount for
these charges, and these amounts are subject to
change, as are the components used to calculate
these amounts. We will provide you notice of any
changes to Surcharges in a manner consistent with
this Agreement (see “Providing Notice To Each Other
29
Under The Agreement” section). However, because
some Surcharges are based on amounts set by
the government or based on government formulas,
it will not always be possible to provide advance
notice of new Surcharges or changes in the amount
of existing Surcharges. Information on Surcharges
is provided during the sales transaction and is
available on our website.
Disputing Charges - You Must Still Pay
Undisputed Charges
Any dispute to a charge on your bill must be made within
60 days of the date of the bill that initially contained the
charge. Disputes can only be made by calling or writing
us as directed on your invoice or elsewhere. You accept
all charges not properly disputed within the above time
period—undisputed charges must still be paid as stated
on your bill.
Protecting Our Network & Services
We can take any action to: (1) protect our networks,
our rights and interests, or the rights of others; or (2)
General Terms and Conditions of Service
v.7-1-13
v.
13
optimize or improve the overall use of our networks
and Services. Some of these actions may interrupt
or prevent legitimate communications and usagefor example, message filtering/blocking software
to prevent spam or viruses; limiting throughput;
limiting access to certain websites, applications, or
other Data Content; prohibitions on unintended uses
(for example, use as a dedicated line, or use as a
monitoring service), etc. For additional information
on what we do to protect our customers, networks,
Services, and equipment, see our Acceptable Use
Policy and Visitors Agreement at our website.
Your Privacy
Our Privacy Policy is available on our website. To
review the policy, visit sprint.com/legal/privacy.html.
This policy may change from time to time, so review
it with regularity and care.
Call Monitoring: To ensure the quality of our Services
and for other lawful purposes, we may monitor or
record calls you make to us or we make to you (for
v.7-1-13
example, your conversations with our customer
service or sales departments).
Authentication and Contact: You (the account
holder) may password protect your account
information by establishing a personal identification
number (“PIN”). You may also set a backup security
question and answer in the event you forget your
PIN. You agree to protect your PIN, passwords, and
other account access credentials like your backup
security question from loss or disclosure. You further
agree that Sprint may, in our sole discretion, treat any
person who presents your credentials that we deem
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.
General Terms and Conditions of Service
30
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 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. For some accounts with a dedicated Sprint
representative, we may rely on contacting your
pre-established point of contact as the standard
authentication measure.
Third-Party Applications: If you use a third-party
application, the application may access, collect,
use, or disclose your personal information or require
Sprint to disclose your information—including
location information (when applicable)—to the
application provider or some other third party. If you
access, use, or authorize third-party applications
through the Services, you agree and authorize
31
Sprint to provide information related to your use of
the Services or the application(s). You understand
that your use of third-party applications is subject to
the third party’s terms and conditions and policies,
including its privacy policy. Be sure that you have
reviewed and are comfortable with the third party’s
policies before using its application on your device.
Information on Devices: Your Device may contain
sensitive or personal information (for example,
pictures, videos, passwords, or stored credit
card numbers). Sprint is not responsible for any
information on your Device, including sensitive
or personal information. If possible, you should
remove or otherwise safeguard any sensitive or
personal information when your Device is out of
your possession or control, for example when you
relinquish, exchange, return, or recycle your Device.
By submitting your Device to us, you agree that our
employees, contractors, or vendors may access all
of the information on your Device. If you exchange,
return, or recycle your Device through us, we typically
attempt to erase all data on your Device, but you
General Terms and Conditions of Service
v.7-1-13
v.
13
must remove all data from your Device before you
provide it to us.
Location-Enabled Services
Our networks generally know the location of
your Device when it is outdoors and/or turned
on. By using various technologies to locate your
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 locationenabled services.
You agree that any authorized user may access, use,
or authorize Sprint or third-party location-enabled
applications through the Services. You understand
that your use of such location-enabled applications
is subject to the application’s terms and conditions
and policies, including its privacy policy. If you
activate location-enabled services for devices used
by other authorized users, you agree to inform the
v.7-1-13
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
provide accurate location information. If your Device
is indoors or for some other reason cannot acquire
General Terms and Conditions of Service
32
a satellite signal, you may not be located. Some
Devices have a safety feature that prevents use of
the keypad after dialing 911—you should follow voice
prompts when interacting with emergency service
providers employing interactive voice response
systems to screen calls.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or stolen
because you may be responsible for usage charges
before you notify us of the alleged loss or theft. A
lost or stolen Device does not reduce or remove
your Term Commitment. You will remain liable for
any monthly recurring charges associated with
the Service on your Device after you notify us of
the alleged loss or theft. You agree to cooperate if
we choose to investigate the matter (provide facts,
sworn statements, etc.). We may not waive any
applicable Early Termination Fees if you choose to
terminate Services as a result of loss or theft of your
Device.
33
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING
OTHERWISE, WE MAKE NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING (TO THE EXTENT ALLOWED BY LAW)
ANY IMPLIED WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE CONCERNING YOUR
SERVICES (INCLUDING YOUR DEVICE AND ANY
SOFTWARE OR APPLICATIONS ON YOUR DEVICE).
WE DON’T PROMISE UNINTERRUPTED OR
ERROR-FREE SERVICES AND DON’T AUTHORIZE
ANYONE TO MAKE WARRANTIES ON OUR
BEHALF. SPRINT PROVIDES ALL SOFTWARE AND
APPLICATIONS ON AN “AS IS” BASIS WITH ALL
FAULTS, ERRORS, AND DEFECTS.
You Agree That We Are Not
Responsible For Certain Problems
You agree that neither we nor our parent, subsidiary,
or affiliate companies, nor our vendors, suppliers, or
General Terms and Conditions of Service
v.7-1-13
v.
13
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; (h) damage to your Device or any
computer or equipment connected to your Device,
or damage to or loss of any information stored
on your Device, computer, equipment, or Sprint
storage space from your use of the Services or
from viruses, worms, or downloads of malicious
content, materials, data, text, images, video, or audio;
or (i) things beyond our control, including acts of
v.7-1-13
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 back up your
information stored on each.
You Agree That Our Liability Is Limited No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY
FOR MONETARY DAMAGES FOR ANY CLAIMS
THAT YOU MAY HAVE AGAINST US IS LIMITED TO
NO MORE THAN THE PROPORTIONATE AMOUNT
OF THE SERVICE CHARGES ATTRIBUTABLE
TO THE AFFECTED PERIOD. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
MULTIPLE, OR SPECIAL DAMAGES OF ANY
NATURE WHATSOEVER ARISING OUT OF OR
RELATED TO PROVIDING OR FAILING TO PROVIDE
SERVICES IN CONNECTION WITH A DEVICE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
General Terms and Conditions of Service
34
LOSS OF BUSINESS, OR COST OF REPLACEMENT
PRODUCTS AND SERVICES.
DISPUTE RESOLUTION AND
ARBITRATION
PLEASE READ THIS CAREFULLY; IT
AFFECTS YOUR RIGHTS
In those rare instances where your concern is
not resolved to your satisfaction through calls to
our customer care, you and Sprint each agree
to try to resolve those disputes in good faith
after you provide written notice of the dispute
as set forth below. If the dispute is not resolved,
you and Sprint agree that the dispute will be
resolved through individual binding arbitration
or small claims court, instead of courts of
general jurisdiction.
35
Mandatory Arbitration and Waiver of Class
Action
Instead of suing in court, you and Sprint agree
to arbitrate all Disputes (as defined below) on
an individual, non-representative, basis. You
agree that, by entering into this Agreement,
you and Sprint are waiving the right to a trial
by jury or to participate in a class action or
representative action. This agreement to
arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Instead
Disputes are decided by a neutral third-party
arbitrator in a more informal process than in
court. In arbitration, there is limited discovery
and the arbitrator’s decision is subject to limited
review by courts. However, just as a court
would, the arbitrator must honor 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
General Terms and Conditions of Service
v.7-1-13
v.
13
way our Services or the Agreement, including,
but not limited to, coverage, Devices, billing
services and practices, policies, contract
practices (including enforceability), service
claims, privacy, or advertising, even if the
claim arises after Services have terminated.
Disputes also include, but are not limited
to, claims that: (a) you or an authorized or
unauthorized user of the Services or Devices
bring against our employees, agents, 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 brings against
you. Disputes also include, but are not limited
to, (i) claims in any way related to or arising
out of any aspect of the relationship between
you and Sprint, whether based in contract, tort,
statute, fraud, misrepresentation, advertising
claims or any other legal theory; (ii) claims that
arose before this Agreement or out of a prior
Agreement with Sprint; (iii) claims that are
v.7-1-13
subject to on-going litigation where you are not
a party or class member; and/or (iv) claims that
arise after the termination of this Agreement.
Dispute Notice and Dispute Resolution
Period
Before initiating an arbitration or a small claims
matter, you and Sprint each agree to 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 should
be sent to: General Counsel; Arbitration
Office; 12502 Sunrise Valley Drive, Mailstop
VARESA0202-2C682; Reston, Virginia 20191.
Sprint will provide a Notice of Dispute to you in
accordance with the “Providing Notice To Each
Other Under The Agreement” section of this
Agreement. Sprint will assign a representative
to work with you and try to resolve your Dispute
to your satisfaction. You and Sprint agree to
General Terms and Conditions of Service
36
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 may commence an
arbitration proceeding or small claims action.
ArbitrationTerms, Process, Rules and
Procedures
(1) Unless you and Sprint agree otherwise,
the arbitration will be conducted by a single,
neutral arbitrator and will take place in the
county of the last billing address of the Service.
The arbitration will be governed by either: (a)
rules that we mutually agree upon; or (b) the
JAMS Comprehensive Arbitration Rules &
Procedures (the “JAMS Rules”), as modified by
this agreement to arbitrate, including the rules
about the filing, administration, discovery and
arbitrator fees. The JAMS rules are available on
its website at jamsadr.com. Notwithstanding
any JAMS Rule to the contrary or any other
provision in arbitration rules chosen, by
37
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 that
regard will apply. However, nothing in this
paragraph will require or allow you or Sprint
to arbitrate on a class-wide, representative or
consolidated basis.
(3) The arbitrator may award declaratory or
injunctive relief only in favor of the individual
party seeking relief and only to the extent
General Terms and Conditions of Service
v.9-9-11
v.
11
necessary to provide relief warranted by that
party’s individual claim. YOU AND SPRINT
AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN AN INDIVIDUAL
CAPACITY, AND NOT AS A CLASS MEMBER IN
ANY PUTATIVE CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and
Sprint expressly agree otherwise, the arbitrator
may not consolidate more than one person’s
claims, and may not otherwise preside over any
form of a representative or class proceeding.
If any portion of this provision is found to
be unenforceable, then the entirety of this
arbitration provision shall be null and void.
(4) We each are responsible for our respective
costs, including our respective counsel, experts,
and witnesses. Sprint will pay for any 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
v.7-1-13
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
not prevent you from bringing your Dispute
to the attention of any federal, state, or local
government agency. Such agencies can, if the
law allows, seek relief against Sprint on your
behalf.
General Terms and Conditions of Service
38
No Trial By Jury and No Class Action
IF FOR ANY REASON A CLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN ANY
WAY PROCEEDS IN COURT RATHER THAN IN
ARBITRATION, REGARDLESS OF WHETHER THE
CLAIM IS AN ACTION, COUTERCLAIM OR ANY
OTHER COURT PROCEEDING, WE EACH AGREE
THAT TO THE EXTENT ALLOWED BY LAW, THERE
WILL NOT BE A JURY TRIAL OR CLASS ACTION
AND WE EACH UNCONDITIONALLY (1) WAIVE
ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY
RIGHT TO PURSUE DISPUTES ON A CLASSWIDE
BASIS, INCLUDING JOINING A CLAIM WITH THE
CLAIM OF ANY OTHER PERSON OR ENTITY
OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY
OTHER PROCEEDING.
Indemnification
You agree to indemnify, defend, and hold Sprint
and our subsidiaries, affiliates, parent companies,
vendors, suppliers, and licensors harmless from
any claims arising out of or relating to your actions,
39
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.
Providing Notice To Each Other Under
The Agreement
Except as the Agreement specifically provides
otherwise, you must provide us notice by calling
or writing us as instructed on your invoice. We will
provide you notice through one or more of the
following: in your bill, correspondence to your last
known billing address, to any fax number or email
address you’ve provided us, by calling you on your
Device or any other phone number you’ve provided
us, by voice message on your Device or any other
General Terms and Conditions of Service
v.7-1-13
v.
13
phone number you’ve provided us, or by text
message on your Device.
Contacting You Regarding Billing and
Collections
You expressly authorize, and specifically consent
to allowing Sprint and any of Sprint’s agents to
contact you in connection with any and all matters
relating to unpaid past due charges you owe Sprint.
You agree that, for attempts to collect unpaid past
due charges, Sprint and any of its agents may
contact you at any mailing address, telephone
number, cellular phone number, email address,
or any other electronic address that you have
provided, or may in the future provide, to Sprint. You
agree and acknowledge that any email address
or any other electronic address that you provide to
Sprint is your private address and is not accessible
to unauthorized third parties. For attempts to collect
unpaid charges, you agree that in addition to
individual persons attempting to communicate
v.7-1-13
directly with you, any type of contact described
above may be made using, among other
methods, pre-recorded or artificial voice
messages delivered by an automatic telephone
dialing system, pre-set email messages delivered
by an automatic emailing system, or any other
pre-set electronic messages delivered by any
other automatic electronic messaging system.
Other Important Terms
Subject to federal law or unless the Agreement
specifically provides otherwise, this Agreement
is governed solely by the laws of the state
encompassing the billing address of the Device,
without regard to the conflicts of law rules of that
state. If either of us waives or doesn’t enforce
a requirement under this Agreement in an
instance, we don’t waive our right to later enforce
that requirement. Except as the Agreement
specifically provides otherwise, if any part of
General Terms and Conditions of Service
40
the Agreement is held invalid or unenforceable,
[End General Terms and Conditions of Service]
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 the Services to another party. The
Agreement and the documents it incorporates make
up the entire agreement between us and replaces
all prior written or spoken agreements—you can’t
rely on any contradictory documents or statements
by sales or service representatives. The rights,
obligations, and commitments in the Agreement
that—by their nature—would logically continue
beyond the termination of Services (for example,
those relating to billing, payment, 911, dispute
resolution, no class action, no jury trial) survive
termination of Services.
41
General Terms and Conditions of Service
v.7-1-13
13
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.
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 software (such as the ones you may
select and download to your device).
Sprint also will not be able to provide you
credits for applications or software that you
download from sources other than Sprint.
And, Sprint is not liable for the websites you
visit or anything you download or cause to
be downloaded to your device. Damage
related to websites visited or downloads to
your device may not be covered by Sprint’s
Service and Repair policy, or your device
insurance policy. For more information
about Sprint’s policies, products or services,
please visit us at sprint.com.
Important Message
42
©2013 Sprint. Sprint and the logo are trademarks of Sprint.
Other marks are the property of their respective owners.
P/N: 90026789 R2

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