Kyocera C5155 CDMA Cellular Phone with BT 2.1+EDR & WLAN User Manual Sprint Important Information 5x3
Kyocera Corporation CDMA Cellular Phone with BT 2.1+EDR & WLAN Sprint Important Information 5x3
Kyocera >
Contents
- 1. user manual
- 2. user manual important information
user manual important information
2 Important Safety Information
♦General Precautions (page 2)
♦Maintaining Safe Use of and Access to Your
Phone (page 3)
♦Using Your Phone With a Hearing Aid Device
(page 6)
♦Caring for the Battery (page 8)
♦Radio Frequency (RF) Energy (page 10)
♦Owner’s Record (page 13)
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
portions of your phone where the internal antennas
are located while using the phone.
●Speak directly into the mouthpiece.
●Avoid exposing your phone and accessories to rain
or liquid spills. If your phone does get wet,
immediately turn the power off and remove the
battery.
●Do not expose your phone to direct sunlight for
extended periods of time (such as on the
dashboard of a car).
Important Safety Information
Important Safety Information 3
●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.
Maintaining Safe Use of and Access to
Your Phone
Do Not Rely on Your Phone for Emergency
Calls
Mobile phones operate using radio signals, which
cannot guarantee connection in all conditions.
Therefore you should never rely solely upon any
mobile phone for essential communication (e.g.,
medical emergencies). Emergency calls may not be
possible on all cellular networks or when certain
network services or mobile phone features are in use.
Check with your local service provider for details.
Using Your Phone While Driving
Talking on your phone while driving (or operating the
phone without a hands-free device) is prohibited in
some jurisdictions. Laws vary as to specific restrictions.
Remember that safety always comes first.
Note: For the best care of your phone, only Sprint-
authorized personnel should service your
phone and accessories. Failure to do so may
be dangerous and void your warranty.
Tip: Purchase an optional hands-free accessory
at your local Sprint Store, or call Sprint at
1-866-866-7509. You can also dial # 2 2 2 on
your phone.
4 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.
Turning Off Your Phone Before Flying
Turn off your phone 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 phone while the plane is on the ground. To
prevent any risk of interference, FCC regulations
prohibit using your phone while the plane is in the air.
Note: Always turn off the phone in healthcare facilities,
and request permission before using the phone
near medical equipment.
Important Safety Information 5
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.
Restricting Children’s Access to Your Phone
Your phone is not a toy. Do not allow children to play with
it as they could hurt themselves and others, damage the
phone or make calls that increase your Sprint invoice.
Note: Never transport or store flammable gas,
flammable liquids, or explosives in the
compartment of your vehicle that contains your
phone or accessories.
6 Important Safety Information
Using Your Phone With a Hearing Aid
Device
A number of Sprint phones have been tested for
hearing aid device compatibility. When some wireless
phones are used with certain hearing devices
(including hearing aids and cochlear implants), users
may detect a noise which can interfere with the
effectiveness of the hearing device.
Some hearing devices are more immune than others
to this interference noise, and phones also vary in the
amount of interference noise they may generate. ANSI
standard C63.19 was developed to provide a
standardized means of measuring both wireless
phone and hearing devices to determine usability
rating categories for both.
Ratings have been developed for mobile phones to
assist hearing device users find phones that may be
compatible with their hearing device. Not all phones
have been rated for compatibility with hearing devices.
Phones that have been rated have a label located on
the box. Your Rise has an M4 and a T4 rating.
These ratings are not guarantees. Results will vary
depending on the user’s hearing device and individual
type and degree of hearing loss. If a hearing device is
particularly vulnerable to interference noise; even a
phone with a higher rating may still cause
unacceptable noise levels in the hearing device. Trying
out the phone with your hearing device is the best way
to evaluate it for your personal needs.
M-Ratings: Phones rated M3 or M4 meet FCC
requirements for hearing aid compatibility and are
likely to generate less interference to hearing devices
than unrated phones. (M4 is the better/higher of the
two ratings.)
T-Ratings: Phones rated T3 or T4 meet FCC
requirements and are likely to be more usable with a
hearing device’s telecoil (“T Switch” or “Telephone
Important Safety Information 7
Switch”) than unrated phones. (T4 is the better/higher
of the two ratings. Note that not all hearing devices
have telecoils in them.)
Hearing aid devices may also be measured for
immunity to interference noise from wireless phones
and should have ratings similar to phones. Ask your
hearing healthcare professional for the rating of your
hearing aid. Add the rating of your hearing aid and
your phone to determine probable usability:
●Any combined rating equal to or greater than six
offers excellent use.
●Any combined rating equal to five is considered
normal use.
●Any combined rating equal to four is considered
usable.
Thus, if you pair an M3 hearing aid with an M3 phone,
you will have a combined rating of six for “excellent
use.” This is synonymous for T ratings.
Sprint further suggests you experiment with multiple
phones (even those not labeled M3/T3 or M4/T4)
while in the store to find the one that works best with
your hearing aid device. Should you experience
interference or find the quality of service unsatisfactory
after purchasing your phone, promptly return it to the
store within 14 days of purchase. (A restocking fee may
be applied to exchanges. Visit www.sprint.com/returns
for details.) More information about hearing aid
compatibility may be found at: www.fcc.gov,
www.fda.gov, and www.accesswireless.org.
Note: New Technologies, Including Wi-Fi
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
newer wireless technologies (including Wi-Fi)
used in this phone that have not been tested for
use with hearing aids.
8 Important Safety Information
Getting the Best Hearing Device Experience
With Your Phone
To further minimize interference:
●Set the phone’s display and keypad backlight
settings to ensure the minimum time interval:
1. Press Home > Menu and touch
System settings > Display > Sleep or
Keyboard timeout.
2. Select the minimum time interval setting.
●Position the phone so the internal antennas are
farthest from your hearing aid.
●Move the phone around to find the point with least
interference.
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 Sprint-approved or
manufacturer-approved batteries and accessories
found at Sprint Stores or through your phone’s
manufacturer, or call 1-866-866-7509 to order.
They’re also available at www.sprint.com/accessories.
Important Safety Information 9
Buying the right batteries and accessories is the
best way to ensure they’re genuine and safe.
●Do not disassemble or open, crush, bend or
deform, or puncture or shred the battery.
●Do not modify or remanufacture, attempt to insert
foreign objects into the battery, immerse or expose
to water or other liquids, expose to fire, explosion, or
other hazard.
●Avoid dropping the phone or battery. If the phone or
battery is dropped, especially on a hard surface,
and the user suspects damage, take it to a service
center for inspection.
●Improper battery use may result in a fire, explosion
or other hazard.
●Do not short-circuit a battery or allow metallic
conductive objects to contact battery terminals.
●Keep the metal contacts on top of the battery clean.
●Battery usage by children should be supervised.
Charging
●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.
●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.
Storing
●Don’t store the battery in high temperature areas for
long periods of time. It’s best to follow these storage
rules:
10 Important Safety Information
▪Less than one month:
-4° F to 140° F (-20° C to 60° C)
▪More than one month:
-4° F to 113° F (-20° C to 45° C)
Disposal of Lithium Ion (Li-Ion) Batteries
●Promptly dispose of used batteries in accordance
with local regulations.
●Never dispose of the battery by incineration.
●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 Phone Operates
Your phone is basically a radio transmitter and
receiver. When it’s turned on, it receives and transmits
radio frequency (RF) signals. When you use your
phone, 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 phone 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,
Important Safety Information 11
government health agencies and industries developed
this updated standard after reviewing 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 antennas are
at least 0.591 inches (1.5 centimeters) from your
body when transmitting. Use of non-Sprint-approved
accessories may violate FCC RF exposure guidelines.
Other accessories used with this phone for body-worn
operations must not contain any metallic components
and must provide at least 0.591 inches (1.5
centimeters) separation distance between the
antennas and the user’s body.
For more information about RF exposure, visit the FCC
website at www.fcc.gov.
Specific Absorption Rates (SAR) for Wireless
Phones
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 phone is the result of an extensive
testing, measuring and calculation process. It does not
represent how much RF the phone emits. All phone
models are tested at their highest value in strict
laboratory settings. But when in operation, the SAR of a
phone can be substantially less than the level reported
to the FCC. This is because of a variety of factors
12 Important Safety Information
including its proximity to a base station antenna,
phone design and other factors. What is important to
remember is that each phone meets strict federal
guidelines. Variations in SARs do not represent a
variation in safety.
All phones must meet the federal standard, which
incorporates a substantial margin of safety. As stated
above, variations in SAR values between different
model phones do not mean variations in safety. SAR
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 Rise are:
Cellular CDMA mode (Part 22):
Head: 1.14 W/kg; Body-worn: 0.99 W/kg
PCS mode (Part 24):
Head: 1.09 W/kg; Body-worn: 0.97 W/kg
BC10 CDMA mode (Part 90):
Head: 1.11 W/kg; Body-worn: 1.01 W/kg
FCC Radio Frequency Emission
This phone meets the FCC Radio Frequency Emission
Guidelines.
FCC ID number: V65C5155.
More information on the phone’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.
Important Safety Information 13
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 antennas.
●Increase the separation between the equipment
and receiver.
●Connect the equipment into an outlet on a circuit
different from that to which the receiver is
connected.
●Consult the dealer or an experienced radio/TV
technician for help.
Owner’s Record
The model number, regulatory number, and serial
number are located on a nameplate inside the battery
compartment. Record the serial number in the space
provided below. This will be helpful if you need to
contact us about your phone in the future.
Model: Rise
Serial No.:
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.
14 Manufacturer’s Warranty
Your phone 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 phone, please visit www.sprint.com or
call Sprint Customer Service at 1-888-211-4727.
Manufacturer’s Warranty
Kyocera Communications, Inc. (“KCI”) offers you, the
original purchaser who has purchased the enclosed
subscriber unit (“Product”) only from an authorized
dealer in the United States, a limited warranty that the
Manufacturer’s Warranty
Note: In addition to the warranty provided by your
phone’s manufacturer, which is detailed on
the following pages, Sprint offers a number
of optional plans to cover your equipment
for non-warranty claims. Sprint Total
Equipment Protection provides the
combined coverage of the Sprint
Equipment Replacement Program and the
Sprint Equipment Service and Repair
Program, both of which are available
separately. Each of these programs may be
signed up for within 30 days of activating
your phone. For more details, please visit
your nearest Sprint Store or call Sprint at
1-800-584-3666.
Manufacturer’s Warranty 15
Product, including accessories in the Product’s
package, will be free from defects in material or
workmanship as follows:
A. ONE (1) YEAR LIMITED WARRANTY: For a period of
one (1) year from the date of original purchase, KCI
will, at its option, either repair or replace a defective
Product (with new or rebuilt parts/replacements).
B. LIMITED WARRANTY ON REPAIRED/REPLACED
PRODUCTS: For a period equal to the remainder of
the limited warranty period on the original Product or,
on warranty repairs which have been effected on
Products for 90 days after the date of its repair or
replacement, whichever is longer, KCI will repair or
replace (with new or rebuilt parts/replacements)
defective parts or Products used in the repair or
replacement of the original Product under the Limited
Warranty on it.
Proof that the Product is within the warranty period in
the form of a bill of sale or warranty repair document
that includes the date of purchase, Product serial
number and the authorized dealer’s name and
address, must be presented to obtain warranty service.
This limited warranty is not transferable to any third
party, including but not limited to any subsequent
purchaser or owner of the Product. Transfer or resale
of a Product will automatically terminate warranty
coverage with respect to it.
This limited warranty covers batteries only if battery
capacity falls below 80% of rated capacity or the
battery leaks. Also this limited warranty does not cover
any battery if (i) the battery has been charged by a
battery charger not specified or approved by KCI for
charging the battery, (ii) any of the seals on the battery
are broken or show evidence of tampering, or (iii) the
battery has been used in equipment other than the
Kyocera device for which it is specified.
This limited warranty covers the Product only as
originally supplied and does not cover and is void with
16 Manufacturer’s Warranty
respect to the following: (i) Products which have been
improperly installed, repaired, maintained or modified
(including the antenna); (ii) Products which have been
subjected to misuse (including Products used in
conjunction with hardware electrically or mechanically
incompatible or Products used with software,
accessories, goods or ancillary or peripheral
equipment not supplied or expressly authorized by
KCI for use), abuse, accident, physical damage,
abnormal use or operation, improper handling or
storage, neglect, exposure to fire, water or excessive
moisture or dampness or extreme changes in climate
or temperature; (iii) Products operated outside
published maximum ratings; (iv) cosmetic damage; (v)
Products on which warranty stickers or Product serial
numbers have been removed, altered, or rendered
illegible; (vi) customer instruction; (vii) cost of
installation, set up, removal or reinstallation; (viii) signal
reception problems (unless caused by defect in
material or workmanship); (ix) damage the result of
fire, flood, acts of God or other acts which are not the
fault of KCI and which the Product is not specified to
tolerate, including damage caused by mishandling
and blown fuses; (x) consumables (such as memory
cards, fuses, etc.); (xi) third party software or
applications, data and equipment not originally
supplied with the Product; (xii) any Product in which
the software has not been updated to the current
version; (xiii) any Product in which the operating
system has been unlocked (allowing installation of a
third party operating system); or (xiv) any Products
which have been opened, repaired, modified or
altered by anyone other than KCI or a KCI authorized
service center. Before returning any Product for
service, be sure to back up data and remove any
confidential, proprietary, or personal information from
the Product. KCI is not responsible for damage to or
loss of any software, applications, data or removable
storage media.
Manufacturer’s Warranty 17
This warranty is valid only in the United States.
REPAIR OR REPLACEMENT, AS HEREIN ABOVE
PROVIDED, IS YOUR SOLE AND EXCLUSIVE REMEDY
FOR BREACH OF THE LIMITED WARRANTY. KCI
SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT
LIMITED TO LOSS OF PROFITS, LOST SALES, LOSS
OF DATA, LOSS OF USE OF THE PRODUCT, OR
ANTICIPATED PROFITS ARISING OUT OF USE OR
INABILITY TO USE ANY PRODUCT (FOR EXAMPLE,
WASTED AIRTIME CHARGES DUE TO THE
MALFUNCTION OF A PRODUCT OR LOST
APPLICATIONS). THIS WARRANTY DOES NOT
COVER PRODUCTS SOLD “AS IS” OR “WITH ALL
FAULTS.” KCI MAKES NO OTHER EXPRESS
WARRANTY WITH RESPECT TO THE PRODUCTS.
THE DURATION OF IMPLIED WARRANTIES,
INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE IS LIMITED TO THE
DURATION OF THIS EXPRESS WARRANTY.
Some States do not allow the exclusion or limitation of
incidental or consequential damages, or allow
limitations on how long an implied warranty lasts, so
the above limitations or exclusions may not apply to
you.
This limited warranty gives you specific legal rights,
and you may have other rights which vary from State
to State.
To obtain warranty service, contact
Kyocera Communications, Inc.
Attention : Customer Services for Wireless Products
Phone : 1-800-349-4478
Web : http://www.kyocera-wireless.com
18 End User License Agreement v.9-9-11
Kyocera Communications, Inc. (“Kyocera”) End User
License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND
CONDITIONS (“AGREEMENT”) BEFORE USING OR
OTHERWISE ACCESSING THE SOFTWARE OR
SERVICES PROVIDED WITH YOUR KYOCERA
DEVICE. THE SOFTWARE AND SERVICES PROVIDED
WITH YOUR KYOCERA DEVICE ARE SOLELY FOR
PERSONAL USE BY YOU, THE ORIGINAL END USER,
AS SET FORTH BELOW.
BY ACTIVATING, USING, DOWNLOADING OR
INSTALLING THIS KYOCERA DEVICE AND/OR THE
SOFTWARE PROVIDED WITH IT, YOU ARE AGREEING
TO BE BOUND BY THE TERMS OF THIS LICENSE
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS
AND CONDITIONS OF THIS AGREEMENT, DO NOT
USE, DOWNLOAD OR OTHERWISE ACCESS THE
SOFTWARE OR SERVICES AND (I) PROMPTLY
RETURN THE SOFTWARE OR SERVICE TO KYOCERA
OR DELETE IT; OR (II) IF YOU HAVE PURCHASED THE
KYOCERA DEVICE ON WHICH THE SOFTWARE OR
SERVICE IS PRE-INSTALLED, PROMPTLY RETURN
THE DEVICE AND THE ACCOMPANYING SOFTWARE
(INCLUDING DOCUMENTATION AND PACKAGING) TO
KYOCERA OR THE KYOCERA AUTHORIZED
DISTRIBUTOR FROM WHICH YOU PURCHASED THE
KYOCERA DEVICE.
License: Subject to the terms and conditions of this
Agreement and any other terms that may be
incorporated by reference or otherwise presented to
you prior to your use of the Software, Kyocera grants
you a limited, non-exclusive, license to use Kyocera
and third party proprietary software and services found
End User License
Agreement
v.9-9-11 End User License Agreement 19
on your Kyocera device and/or packaged with your
Kyocera device, including any updates to such
material by whatever means provided, and any related
documentation (“Software”). You may use the
Software only as expressly authorized by this
Agreement.
Limitations: This Software is licensed for use only on
the single Kyocera device you originally purchased.
You acknowledge and agree that ownership of the
Software and all other rights associated with the
Software not expressly granted in this Agreement are
retained by Kyocera or its suppliers or licensors. You
are not permitted to, in any way, distribute the Software
or make it available over a network for use on more
than the single Kyocera device for which it was
originally supplied. The Software may be copied only
as permitted by applicable law and as necessary for
backup purposes. You may not remove any
proprietary notices or labels on the Software or any
copies thereof. You may not in any way, modify, reverse
engineer, decompile, disassemble or create derivative
works based on the Software (except to the extent that
this restriction is expressly prohibited by law). You
agree that you will not attempt to circumvent, disable or
modify any security technology associated with the
Software. You may use the Software only in a manner
that complies with all applicable laws in the
jurisdictions in which you use it, including, but not
limited to, applicable restrictions concerning copyright
and other intellectual property rights and/or the export
control regulations.
Some of the Software packaged with your Kyocera
device may be provided by third parties (“Third Party
Software”). Third Party Software may also be available
from third party content distributors such as application
stores. Third Party content may be subject to different
or additional terms and conditions as determined by
the Third Party Software provider. THIRD PARTY
20 End User License Agreement v.9-9-11
SOFTWARE IS NOT A KYOCERA PRODUCT.
KYOCERA IS NOT RESPONSIBLE FOR AND HAS NO
LIABILITY WITH REGARD TO THIRD PARTY
SOFTWARE.
Open Source Software: The Software contains certain
open source software which may be subject to the
GNU General Public License (“GPL”), GNU Library/
Lesser General Public License (“LGPL”) and/or other
copyright licenses, disclaimers and notices (“Open
Source License Terms”). The applicable Open Source
License Terms for the corresponding Open Source
Software are reproduced and available at http://
www.opensource.org/licenses. Please refer to the Open
Source License Terms regarding your rights under
such licenses to the Open Source Software. To the
extent any such agreement requires that Kyocera
provide you the rights to copy, modify, distribute or
otherwise use any Open Source Software that are
inconsistent with the limited rights granted to you in this
Agreement, then such rights in the applicable Open
Source License shall take precedence over the rights
and restrictions granted in this Agreement, but solely
with respect to such Open Source Software.
Disclaimer of Warranty and Liability: THE SOFTWARE
IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND. KYOCERA FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, TITLE, ACCURACY,
CORRESPONDENCE WITH DESCRIPTION AND
SATISFACTORY QUALITY. TO THE MAXIMUM EXTENT
PERMISSIBLE BY LAW, THE ENTIRE RISK ARISING
OUT OF THE USE OR PERFORMANCE OF THE
SOFTWARE REMAINS WITH YOU. IN NO EVENT WILL
KYOCERA, ITS EMPLOYEES, OFFICERS,
SHAREHOLDERS, LICENSORS, SUPPLIERS,
CARRIER OR DISTRIBUTOR CUSTOMERS OR
AFFILIATES BE HELD LIABLE FOR ANY
v.9-9-11 End User License Agreement 21
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS
AGREEMENT OR THE USE OF OR INABILITY TO USE
THE SOFTWARE, WHETHER BASED IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT
LIABILITY OR ANY OTHER THEORY, EVEN IF
KYOCERA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND EVEN IF ANY LIMITED
REMEDY IS DEEMED TO HAVE FAILED ITS
ESSENTIAL PURPOSE. KYOCERA’S TOTAL LIABILITY
FOR ANY DAMAGES UNDER THIS AGREEMENT
SHALL NEVER EXCEED THE PURCHASE PRICE YOU
PAID FOR THE KYOCERA DEVICE.
No software is fault free. The Software is designed for
use in systems that do not require fail-safe
performance. You may not use the software in any
device or system in which a malfunction of the
software would result in foreseeable risk of loss, injury
or death to any person. This includes operation of
nuclear or infrastructure facilities, medical equipment,
aircraft navigation or communication systems or use in
risky or dangerous situations or environments.
Consent to Use of Data: You agree that Kyocera, its
affiliates and its designated agents may collect and
use technical and related information, gathered in any
manner, as part of its product support services.
Kyocera, its affiliates and designated agents may use
this information solely to improve its products or to
provide customized services or technologies to you.
Kyocera will collect and use this information in
accordance with its privacy policy and accordance
with applicable data protection laws. Kyocera, its
affiliates and designated agents may disclose this
information to others, but not in a form that personally
identifies you.
22 End User License Agreement v.9-9-11
Modification of Software and Terms of Use: Kyocera
reserves the right to from time to time modify any
portion of the Software. Kyocera may be required to
take these actions due to restrictions from third party
licensors or due to safety or security concerns or
government restrictions or court orders.
Kyocera reserves the right to modify the terms of this
Agreement at its sole discretion. Any such modification
will be effective upon Kyocera or a Kyocera affiliate or
agent sending notice to you by email, text message,
other electronic communication or postal mail. Your
continued use of the Software after such notice will
constitute your binding acceptance of the Agreement
as revised. Additionally, some Software may be subject
to different or additional terms presented to you
through a separate click-through or other type of
agreement or notice prior to your use of such
Software.
Termination: This License Agreement will automatically
terminate without notice from or action by Kyocera if
you fail to comply with any term hereof.
Governing Law: This Agreement is governed by the
laws of State of California except any conflict of law
provisions. The U.N. Convention on Contracts for the
International Sales of Goods is hereby excluded in its
entirety from this Agreement.
Severability: If any provision of this Agreement is found
to be invalid, illegal or unenforceable, the validity,
legality or enforceability of the remaining provisions will
not in any way be impacted or impaired.
Entire Agreement: By using or otherwise accessing
the Software, you agree that this Agreement sets forth
the entire agreement between you and Kyocera with
regard to the Software and supersedes all prior
agreements, notwithstanding the terms of any such
agreements.
v.9-9-11 General Terms and Conditions of Service 23
Please note that these terms may not be the most
current version. A current version of the terms is
available at our website at
www.sprint.com/termsandconditions or upon request.
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 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-branded or Nextel-branded
offers, rate plans, options, wireless services, billing
services, applications, programs, products, 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 CONTRACT
CONTAINS A MANDATORY ARBITRATION PROVISION
Consejo: Para solicitar esta literatura en español,
por favor contactar a 1-800-777-4681 o
visitar a www.sprint.com/espanol.
General Terms and
Conditions of Service
24 General Terms and Conditions of Service v.9-9-11
THAT DISALLOWS CLASS ACTIONS, A CLASS
ACTION WAIVER PROVISION, 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 or transaction materials that you sign or
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 (if
your service plan is not specifically set forth in any
printed materials, the requirements and terms set forth
in the current written services and transaction materials
apply, excluding the monthly charge and number of
minutes included in your service plan); (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 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 still apply to our
v.9-9-11 General Terms and Conditions of Service 25
Services). You will be provided details on any
additional terms with your selection of any bundled
Service. For employee and organization discounts, the
discount percentage may vary from month-to-month
based on the terms of the agreement between your
employer, association, or other 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.
Our Policies
Services are subject to our business policies, practices,
and procedures (“Policies”). You agree to adhere to all
of our Policies when you use our Services. Our
Policies are subject to change at anytime with or
without notice.
When You Accept The Agreement
You must have the legal capacity to accept the
Agreement. You accept the Agreement when you do
any of the following: (a) accept the Agreement through
any printed, oral, or electronic statement, including on
the Web by electronically marking that you have
reviewed and accepted; (b) attempt to or in any way
use the Services; (c) pay for the Services; or (d) open
any package or start any program that says you are
accepting the Agreement when doing so. If you don’t
want to accept the Agreement, don’t do any of these
things.
Term Commitments & Early Termination
Fees
Many of the Services (for example, Device discounts)
that we offer require you to maintain certain Services
with us for a minimum term, usually 1 or 2 years
(“Term Commitment”). You will be charged a fee
26 General Terms and Conditions of Service v.9-9-11
(“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 may be prorated based on your
remaining Term Commitment. Early Termination Fees
are a part of our rates. Your exact Term Commitment
and Early Termination Fee may vary based on the
Services you select and 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 Commitment, your Services continue on a
month-to-month basis without any Early Termination
Fee, unless you agree to extend your Term
Commitment or agree to a new Term Commitment.
Services offered on a subscription basis, as described
in the “Account & Service Charges” section, may not
require a Term Commitment and may not
automatically renew. As explained directly below, there
are instances when you will not be responsible for an
Early Termination Fee for terminating Services early.
When You Don’t Have To Pay An Early
Termination Fee
You aren’t responsible for paying an Early Termination
Fee when terminating Services: (a) provided on a
month-to-month basis; (b) provided on a subscription
basis that do not include a Term Commitment; (c)
consistent with our published trial period return policy;
or (d) in response to a materially adverse change that
we make to the Agreement as described directly
below.
Our Right To Change The Agreement &
Your Related Rights
We may change any part of the Agreement at any time,
including, but not limited to, rates, charges, how we
v.9-9-11 General Terms and Conditions of Service 27
calculate charges, discounts, coverage, technologies
used to provide services, or your terms of Service. 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 affected without incurring an Early
Termination Fee only if you: (a) call us within 30 days
after the effective date of the change; and (b)
specifically advise us that you wish to cancel Services
because of a material change to the Agreement that
we have made. If you do not 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 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
28 General Terms and Conditions of Service v.9-9-11
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
prorated charges for your old and new Services. We
may, but are not obligated to, provide you the
opportunity to authorize someone else to make
changes to your Services, which will include the
authority to make changes that will extend your Term
Commitment. You are responsible for any changes to
your Services made by a person you authorize, and
those changes will be treated as 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
v.9-9-11 General Terms and Conditions of Service 29
Early Termination Fee, you must also pay the invoiced
Early Termination Fee for each line of Service that you
terminate early.
Credit Checks & Credit Information
We agree to provide you Services on the condition that
you have and maintain satisfactory credit according to
our standards and policies. You agree to provide
information that we may request or complete any
applications that we may provide you to facilitate our
review. We rely on the credit information you furnish,
credit bureau reports or other data available from
commercial credit reference services, and other
information (such as payment history with us) to
determine whether to provide or continue to provide
you Services. The Services we offer you can vary
based on your credit history. We may at any time,
based on your credit history, withdraw or change
Services or place limits or conditions on the use of our
Services. You agree to provide us updated credit
information upon request. We may provide your
payment history and other account billing/charge
information to any credit reporting agency or industry
clearinghouse.
Account Spending Limits (“ASL”)
An ASL is a temporary or permanent limit (typically
based on credit history, payment history, or to prevent
fraud) that we place on the amount of unpaid charges
you can accumulate on your account, regardless of
when payment on those charges is due. We reserve
the right to determine which charges count toward an
ASL. If you have an ASL, we may suspend your
Services without prior notice if your account balance
reaches the ASL, even if your account is not past due.
We may impose or increase an ASL at any time with
notice. An ASL is for our benefit only and should not
be relied on by you to manage usage.
30 General Terms and Conditions of Service v.9-9-11
Deposits & Returning Deposits
We may at any time require a deposit as a guarantee
of payment for you to establish or maintain Service
(“Deposit”). By providing us a Deposit, you grant us a
security interest for all current or future amounts owed
to us. We may change the Deposit at any time with
notice. You can’t use a Deposit to make or delay
payments. The Deposit, the length of time we hold
the Deposit, and changes to the Deposit are
determined based on your credit history, payment
history, and other factors. Unless prohibited by law, we
may mix Deposits with our other funds and it won’t
earn interest, and we reserve the right to return the
Deposit as a credit on your invoice at anytime. If your
Services are terminated for any reason, we may keep
and apply your Deposit to any outstanding charges.
We’ll send any remaining portion of the Deposit to your
last known address within 90 days after your 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
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.
v.9-9-11 General Terms and Conditions of Service 31
Your Device, Number & E-mail Address;
Caller ID
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. Your Device is designed to be
activated on our networks and in other coverage areas
that we may make available to you. As programmed, it
will not accept wireless service from another carrier.
Except for any legal right you may have to port/transfer
your phone number to another carrier, you have no—
and cannot gain any (for example, through publication,
use, etc.)—proprietary, ownership, or other rights to any
phone number, identification number, e-mail 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 has a
software programming lock that protects certain of the
handset’s operating parameters against unauthorized
reprogramming. If you wish to obtain the software
program lock code for your CDMA Sprint PCS phone,
please visit Sprint.com or call 1-888-211-4727 for
information and eligibility requirements.
Porting/Transferring Phone Numbers
We don’t guarantee that number transfers to or from us
will be successful. If you authorize another carrier to
transfer a number away from us, then that is
considered a request by you to us to terminate all of
the Services associated with that number. You ’re
responsible for all charges billed or incurred prior to
deactivation and for any applicable Early Termination
Fees.
32 General Terms and Conditions of Service v.9-9-11
Coverage; Where Your Device Will Work;
Service Speeds
Our coverage maps are available at our authorized
retail locations and on our website. 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 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.
v.9-9-11 General Terms and Conditions of Service 33
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
guaranty that roaming coverage will be available.
Roaming coverage may exist both within and outside
our network coverage areas. Your Device will generally
indicate when you’re roaming. Depending on your
Services, separate charges or limits on the amount of
minutes used while roaming may apply. Certain
Services may not be available or work the same when
roaming (for example, data Services, voicemail, call
waiting, etc.).
About Data Services & Content
Our data Services and your Device may allow you to
access the Internet, text, pictures, video, games,
graphics, music, email, applications, sound, and other
materials (“Data Content”) or send Data Content
elsewhere. Some Data Content is available from us or
our vendors, while other Data Content can be
accessed from others (for example, third-party
websites, games, ringers, applications, etc.). We make
absolutely no guarantees about the Data Content that
you access on your Device. Data Content may be: (1)
unsuitable for children/minors; (2) unreliable or
inaccurate; or (3) offensive, indecent, or objectionable.
You’re solely responsible for evaluating the Data
Content accessed by you or anyone through your
Services. We strongly recommend that you monitor
data usage by children/minors. Data Content from
third parties may also harm your Device or its software.
We are not responsible for any Data Content. We are
not responsible for any damage caused by any Data
Content that you access through your Services, that
you load on your Device, or that you request that our
representatives access or load on your Device. To
protect our networks and Services or for other reasons,
we may place restrictions on accessing certain Data
Content (such as certain websites, applications, etc.);
34 General Terms and Conditions of Service v.9-9-11
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 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 network’s
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,
Sprint Mobile Broadband card plans, wireless router
plans, etc.).
v.9-9-11 General Terms and Conditions of Service 35
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.
Activation & Miscellaneous Charges
Based on our Policies, we may charge activation,
prepayment, reactivation, program, or other fees to
establish 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 or use your Devices,
you authorize end users to access, download, and use
36 General Terms and Conditions of Service v.9-9-11
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.
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.
v.9-9-11 General Terms and Conditions of Service 37
Walkie-Talkie Charges: Charges for walkie-talkie 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 walkie-
talkie call and ends approximately 6 seconds after
completion of a communication to which no
participant responds. Subsequent walkie-talkie
communications are considered new calls.
Depending on your plan, nationwide, international, or
group walkie-talkie calls may use the local walkie-talkie
minutes in your plan and result in additional charges.
Responses to call alert transmissions are treated as
new walkie-talkie transmissions even when
responding within 6 seconds of receiving the alert.
Walkie-talkie billing methods are subject to change as
we introduce new walkie-talkie 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 kilobytes, 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 data charges. Examples of
data for which you will be charged includes the size of
38 General Terms and Conditions of Service v.9-9-11
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 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 with itemized
detail 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.
v.9-9-11 General Terms and Conditions of Service 39
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
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 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 surcharges (“Surcharges”), which
may include, but are not limited to: Federal Universal
Service; various regulatory charges; Sprint
administrative charges; gross receipts charges and
certain other taxes imposed upon Sprint; or charges
for the costs that we incur and pass along to you.
Surcharges are not taxes, and we are not required to
assess them by law. They are charges we choose to
40 General Terms and Conditions of Service v.9-9-11
collect from you, are part of our rates, and are kept by
us in whole or in part. 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 rate 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, since some Surcharges are based on
amounts set by the government or based on
government formulas, it will not always be possible to
provide advance notice of new Surcharges or
changes in the amount of existing Surcharges.
Information on Surcharges is provided during the
sales transaction and is available on our website.
Disputing Charges - You Must Still Pay
Undisputed Charges
Any dispute to a charge on your bill must be made
within 60 days of the date of the bill that initially
contained the charge. Disputes can only be made by
calling or writing us as directed on your invoice or
elsewhere. You accept all charges not properly
disputed within the above time period—undisputed
charges must still be paid as stated on your bill.
Protecting Our Network & Services
We can take any action to: (1) protect our networks, our
rights and interests, or the rights of others; or (2)
optimize or improve the overall use of our networks
and Services. Some of these actions may interrupt or
prevent legitimate communications and usage—for
example, message filtering/blocking software to
prevent SPAM or viruses; limiting throughput; limiting
access to certain websites, applications, or other Data
v.9-9-11 General Terms and Conditions of Service 41
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 www.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 between us (for example, your
conversations with our customer service or sales
departments).
Authentication and Contact: You (the account holder)
may password protect your account information by
establishing a personal 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.
CPNI: As we provide telecommunications products
and Services to you (the account holder), we develop
42 General Terms and Conditions of Service v.9-9-11
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 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.
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.
v.9-9-11 General Terms and Conditions of Service 43
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 or third-party location-enabled
applications through the Services. You understand that
your use of such location-enabled applications is
subject to the application’s terms and conditions and
policies, including its privacy policy. If you activate
location-enabled services for devices used by other
authorized users, you agree to inform the authorized
user(s) of the terms of use for location-enabled
applications and that the Device may be located. For
additional information on location-enabled services,
see our Privacy Policy at our website.
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
44 General Terms and Conditions of Service v.9-9-11
authorities—uses GPS technology to provide location
information. Even when available, however, E911 does
not always provide accurate location information. If
your Device is indoors or for some other reason
cannot acquire a satellite signal, you may not be
located. Some Devices have a safety feature that
prevents use of the keypad after dialing 911—you
should follow voice prompts when interacting with
emergency service providers employing interactive
voice response systems to screen calls.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or stolen
because you may be responsible for usage charges
before you notify us of the alleged loss or theft. A lost or
stolen Device does not reduce or remove your Term
Commitment. You will remain liable for any monthly
recurring charges associated with the Service on your
Device after you notify us of the alleged loss or theft.
You agree to cooperate if we choose to investigate the
matter (provide facts, sworn statements, etc.). We may
not waive any Early Termination Fees if you choose to
terminate Services as a result of loss or theft of your
Device.
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING
OTHERWISE, WE MAKE NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
(TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED
WARRANTY OF MERCHANTABILITY, NON-
INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE CONCERNING YOUR SERVICES
(INCLUDING YOUR DEVICE). WE DON’T PROMISE
UNINTERRUPTED OR ERROR-FREE SERVICES AND
DON’T AUTHORIZE ANYONE TO MAKE
WARRANTIES ON OUR BEHALF.
v.9-9-11 General Terms and Conditions of Service 45
You Agree That We Are Not Responsible
For Certain Problems
You agree that neither we nor our subsidiaries,
affiliates, parent companies, vendors, suppliers, or
licensors are responsible for any damages 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 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.
46 General Terms and Conditions of Service v.9-9-11
You Agree Our Liability Is Limited - No
Consequential Damages.
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY
FOR MONETARY DAMAGES FOR ANY CLAIMS THAT
YOU MAY HAVE AGAINST US IS LIMITED TO NO
MORE THAN THE PROPORTIONATE AMOUNT OF
THE SERVICE CHARGES ATTRIBUTABLE TO THE
AFFECTED PERIOD. UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL
DAMAGES OF ANY NATURE WHATSOEVER ARISING
OUT OF OR RELATED TO PROVIDING OR FAILING
TO PROVIDE SERVICES IN CONNECTION WITH A
DEVICE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, LOSS OF BUSINESS, OR COST OF
REPLACEMENT PRODUCTS AND SERVICES.
DISPUTE RESOLUTION
We Each Agree To First Contact Each Other With
Any Disputes
We each agree to first contact each other with any
Disputes (defined below) and provide a written
description of the problem, relevant documents and
supporting information, and the proposed
resolution. We agree to contact each other as
described in the “Providing Notice to Each Other
Under The Agreement” section.
Instead Of Suing In Court, We Each Agree To
Arbitrate Disputes
We each agree to arbitrate all Disputes between us,
on an individual basis, not on a class-wide or
consolidated basis. This agreement to arbitrate is
intended to be broadly interpreted. In arbitration,
there’s no judge or jury. However, just as a court
would, the arbitrator must honor the terms and
limitations in the Agreement and can award
v.9-9-11 General Terms and Conditions of Service 47
damages and relief, including any attorneys’ fees
authorized by law. The arbitrator’s decision and
award is final and binding, with some exceptions
under the Federal Arbitration Act (“FAA”), and
judgment on the award may be entered in any court
with jurisdiction.
We each also agree as follows:
(1) “Disputes” are any claims or controversies
against each other related in any way to or arising
out of in any way our Services or the Agreement,
including, but not limited to, coverage, Devices,
billing services and practices, policies, contract
practices (including enforceability), service claims,
privacy, or advertising, even if it arises after Services
have terminated. Disputes include claims that you
bring against our employees, agents, affiliates, or
other representatives or that we bring against you. It
also includes but is not limited to claims related in
any way to or arising out of in any way any aspect of
the relationship between us, whether based in
contract, tort, statute, fraud, misrepresentation, or any
other legal theory.
(2) If either of us wants to initiate a claim to arbitrate
a Dispute, we each agree to send written notice to
the other providing a description of the dispute, a
description of previous efforts to resolve the dispute,
all relevant documents and supporting information,
and the proposed resolution. Notice to you will be
sent as described in the “Providing Notice to Each
Other Under The Agreement” section and notice to
us will be sent to: General Counsel; Arbitration
Office; 12502 Sunrise Valley Drive, Mailstop
VARESA0202-2C682; Reston, Virginia 20191. We
each agree to make attempts to resolve the dispute
prior to filing a claim for arbitration. If we cannot
resolve the dispute within forty-five (45) days of
receipt of the notice to arbitrate, then we each may
submit the dispute to formal arbitration.
48 General Terms and Conditions of Service v.9-9-11
(3) The 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.
(4) Unless we each 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.
(5) The arbitration will be governed and conducted
by (a) a neutral third-party arbitrator selected by
each of us and based upon rules mutually agreed
to by each of us or (b) JAMS. The JAMS rules,
including rules about the selection of an arbitrator,
filing, administration, discovery, and arbitrator fees,
will be conducted under JAMS Comprehensive
Arbitration Rules & Procedures. The JAMS rules are
available on its website at www.jamsadr.com. To the
extent that this “Dispute Resolution” section conflicts
with JAMS’s minimum standards for procedural
fairness, the JAMS’s rules or minimum standards for
arbitration procedures in that regard will apply.
However, nothing in this paragraph will require or
allow us or you to arbitrate on a class-wide or
consolidated basis.
(6) WE EACH AGREE THAT WE WILL ONLY
PURSUE ARBITRATION ON AN INDIVIDUAL BASIS
AND WILL NOT PURSUE ARBITRATION ON A
CLASS-WIDE OR CONSOLIDATED BASIS. We each
agree that any arbitration will be solely between you
and Sprint (not brought on behalf of or together with
another individual’s claim). If for any reason any
court or arbitrator holds that this restriction is
unconscionable or unenforceable, then our
agreement to arbitrate doesn’t apply and the
dispute must be brought in court.
(7) We each are responsible for our respective costs
relating to counsel, experts, and witnesses, as well
as any other costs relating to arbitration. However,
v.9-9-11 General Terms and Conditions of Service 49
we will pay for the arbitration administrative or filing
fees, including the arbitrator fees. Otherwise the
JAMS Comprehensive Arbitration Rules &
Procedures and the JAMS Policy on Consumer
Arbitrations Pursuant to Pre-Dispute Clauses,
Minimum Standards of Procedural Fairness
regarding costs and payment apply.
Exceptions To Our Agreement To
Arbitrate Disputes
Either of us may bring qualifying claims in small
claims court. In addition, this arbitration provision
does not prevent you from bringing your dispute to
the attention of any federal, state, or local
government agency that can, if the law allows, seek
relief against us on your behalf.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE
ANY RIGHT TO PURSUE DISPUTES ON A
CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A
CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR
ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACITY ON BEHALF OF ANYONE ELSE IN ANY
LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH
WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY
LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
Indemnification
You agree to indemnify, defend, and hold Sprint and
our subsidiaries, affiliates, parent companies harmless
from any claims arising out of or relating to your
actions, including, but not limited to, your use of the
50 General Terms and Conditions of Service v.9-9-11
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 e-mail 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 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 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,
v.9-9-11 General Terms and Conditions of Service 51
agents, and predecessors and successors in interest.
You can’t assign the Agreement or any of your rights
or duties under it. 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.
52 Important Message
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 www.sprint.com.
Important Message From Sprint
©2012 Sprint. Sprint and the logo are trademarks of Sprint.
KYOCERA is a registered trademark of Kyocera Corporation.
Other marks are the property of their respective owners. 5KKZ001975XX- Printed in Mexico