Kyocera S3015 Dual-Band CDMA Phone User Manual Sprint Important Information 6x4
Kyocera Corporation Dual-Band CDMA Phone Sprint Important Information 6x4
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Contents
- 1. Users Guide
- 2. Users Guide 2
- 3. Users Guide 1
Users Guide
2 Important Safety Information
♦General Precautions (page 2)
♦Maintaining Safe Use of and Access to Your Phone (page 2)
♦Using Your Phone With a Hearing Aid Device (page 4)
♦Caring for the Battery (page 5)
♦Radio Frequency (RF) Energy (page 6)
♦Owner’s Record (page 8)
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 phone guide may result in serious
bodily injury, death, or property damage.
General Precautions
There are several simple guidelines to operating your phone
properly and maintaining safe, satisfactory service.
●To maximize performance, do not touch the bottom portion of
your phone where the internal antenna is located while using the
phone.
●Speak directly into the mouthpiece.
●Avoid exposing your phone and accessories to rain or liquid
spills. If your phone does get wet, immediately turn the power off
and remove the battery.
●Do not expose your phone to direct sunlight for extended periods
of time (such as on the dashboard of a car).
●Although your phone is quite sturdy, it is a complex piece of
equipment and can be broken. Avoid dropping, hitting, bending,
or sitting on it.
●Any changes or 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.
Important Safety Information
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.
Important Safety Information 3
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.
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.
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.
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.
Note: Always turn off the phone in healthcare facilities, and request
permission before using the phone near medical equipment.
4 Important Safety Information
●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.
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 Brio 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 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
Note: Never transport or store flammable gas, flammable liquids, or
explosives in the compartment of your vehicle that contains
your phone or accessories.
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.
Important Safety Information 5
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 30
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.
Getting the Best Hearing Device Experience With Your
Phone
To further minimize interference:
●Set the phone’s display and keyboard backlight settings to
ensure the minimum time interval:
1. Press > Settings > Display > Backlight >
Backlight Dim or Backlight Off.
2. Highlight the minimum time interval setting and press .
●Position the phone so the internal antenna is 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. 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.
6 Important Safety Information
●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:
▪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.
Important Safety Information 7
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, 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 antenna is 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 device 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 antenna 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 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 Brio are:
Cellular CDMA mode (Part 22):
Head: 1.22 W/kg; Body-worn: 0.74 W/kg
PCS mode (Part 24):
Head: 1.33 W/kg; Body-worn: 0.47 W/kg
BC10 CDMA mode (Part 90):
Head: 1.06 W/kg; Body-worn: 0.72 W/kg
8 Important Safety Information
FCC Radio Frequency Emission
This phone meets the FCC Radio Frequency Emission Guidelines.
FCC ID number: V65S3015.
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.
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 phone in the future.
Model: Brio
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.
v.9-9-11 Manufacturer’s Warranty 9
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 1-888-211-4727.
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 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.
Note: In addition to the warranty provided by your device’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
device. For more details, please visit your nearest Sprint
Store or call Sprint at 1-800-584-3666.
Manufacturer’s Warranty
10 Manufacturer’s Warranty v.9-9-11
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 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.
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.
v.9-9-11 Manufacturer’s Warranty 11
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
12 End User License Agreement
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End User License Agreement
End User License Agreement 13
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14 End User License Agreement
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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 15
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
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
Note: Para solicitar esta lituratura en español, por favor
contactar a 1-800-777-4681 o visitar a www.sprint.com/
espanol.
General Terms and Conditions of
Service
16 General Terms and Conditions of Service v.9-9-11
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 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 (“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
v.9-9-11 General Terms and Conditions of Service 17
instances when you will not be responsible for an Early Termination
Fee for terminating Services early.
When You Don’t Have To Pay An Early
Termination Fee
You aren’t responsible for paying an Early Termination Fee when
terminating Services: (a) provided on a month-to-month basis; (b)
provided on a subscription basis that do not include a Term
Commitment; (c) consistent with our published trial period return
policy; or (d) in response to a materially adverse change that we
make to the Agreement as described directly below.
Our Right To Change The Agreement & Your Related
Rights
We may change any part of the Agreement at any time, including,
but not limited to, rates, charges, how we calculate charges,
discounts, coverage, technologies used to provide services, or your
terms of Service. 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 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
18 General Terms and Conditions of Service v.9-9-11
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 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.
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
v.9-9-11 General Terms and Conditions of Service 19
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.
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
20 General Terms and Conditions of Service v.9-9-11
terminate all of the Services associated with that number. You’re
responsible for all charges billed or incurred prior to deactivation
and for any applicable Early Termination Fees.
Coverage; Where Your Device Will Work;
Service Speeds
Our coverage maps are available at our authorized retail locations
and on 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. 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
v.9-9-11 General Terms and Conditions of Service 21
children/minors; (2) unreliable or inaccurate; or (3) offensive,
indecent, or objectionable. You’re solely responsible for evaluating
the Data Content accessed by you or anyone through your
Services. We strongly recommend that you monitor data usage by
children/minors. Data Content from third parties may also harm
your Device or its software. We are not responsible for any Data
Content. We are not responsible for any damage caused by any
Data Content that you access through your Services, that you load
on your Device, or that you request that our representatives access
or load on your Device. To protect our networks and Services or for
other reasons, we may place restrictions on accessing certain Data
Content (such as certain websites, applications, etc.); impose
separate charges; limit throughput or the amount of data that you
can transfer; or otherwise limit or terminate Services. If we provide
you storage for Data Content that you have purchased, then we may
delete the Data Content without notice or place restrictions/limits on
the use of storage areas. Data Content stored on a Device,
transmitted over our networks, or stored by Sprint may be deleted,
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.).
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,
22 General Terms and Conditions of Service v.9-9-11
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 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.
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
v.9-9-11 General Terms and Conditions of Service 23
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 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.
24 General Terms and Conditions of Service v.9-9-11
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 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
v.9-9-11 General Terms and Conditions of Service 25
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 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 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
26 General Terms and Conditions of Service v.9-9-11
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.
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 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.
v.9-9-11 General Terms and Conditions of Service 27
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.
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.
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
28 General Terms and Conditions of Service v.9-9-11
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 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.
v.9-9-11 General Terms and Conditions of Service 29
(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, 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.
30 General Terms and Conditions of Service v.9-9-11
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 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, 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.
[End General Terms and Conditions of Service]
Important Message 31
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
©2011 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. 5KKZ001929XX- Printed in Malaysia