Kyocera S3150 CDMA 1XRTT BC0/BC1/BC10 r Mobile Phone w/ BT User Manual Manual rev 2

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Document Description	Manual rev 2
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Date Submitted	2013-12-16 00:00:00
Date Available	2014-04-30 00:00:00
Creation Date	2013-11-18 09:09:52
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Document Title	Manual rev 2
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Important Information
for theS31 50
Important Safety Information — page 2
Manufacturer’s Warranty — page 13
End User License Agreement — page 17
General Terms and Conditions of Service — page 22
Important Message from El — page 52
[device logo, if applicable] |:|
Important Safety
Information
This booklet contains important operational
and safety information that will help you safely
use your phone. Failure to read and followthe
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. lfyour phone does get wet,
immediatelyturn 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 ofa 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.
Important Safety Information
- Any changes or modifications to your phone
not expressly approved in this document could
void your warranty forthis equipment and void
your authority to operate this equipment.
Note: Forthe best care of your phone,onlyl:|-
authorized personnel should service your
phone and accessories. Failure to do so may
be dangerous and void your warranty.
Maintaining Safe Use of and Access to
Your Phone
Do Not Rely on Your Phone for Emergency
Calls
Mobile phones operate using radio signals, which
cannot guarantee connection in all conditions.
Therefore you should never rely solely upon
any mobile phone for essential communication
(e.g., medical emergencies). Emergency calls
may not be possible on all cellular networks or
Important Safety Information
when certain network services or mobile phone
features are in use. Check with your local service
providerfor details.
Using Your Phone While Driving
Talking on your phone while driving (or operating the
phone without a hands-free device) is prohibited in
somejurisdictions. Laws vary as to specific restrictions.
Remember that safety always comes first.
Tip: Purchase an o tional hands-free accessory
at your local! IStore, orcall |:|at
Following Safety Guidelines
To operate your phone safely and efficiently,
always follow any special regulations in a given
area. Turn your phone off in areas where use is
forbidden or when it may cause interference or
danger
Using Your Phone Near Other Electronic
Devices
Most modern electronic equipment is shielded
from radio frequency (RF) signals. However,
RF signals from wireless phones may affect
inadequately shielded electronic equipment.
RF signals may affect improperly installed or
inadequately shielded electronic operating
systems or entertainment systems in motor
vehicles. Check with the manufacturer or their
representative to determine if these systems are
adequately shielded from external RF signals.
Also check with the manufacturer regarding any
equipment that has been added to your vehicle.
Consult the manufacturer of any personal
medical devices, such as pacemakers and
hearing aids, to determine if they are adequately
shielded from external RF signals.
Note: Alwaysturn off the phone in healthcare
facilities, and request permission before
using the phone near medical equipment.
Turning Off Your Phone Before Flying
Turn off your phone before boarding any aircraft.
To prevent possible interference with aircraft
systems, the US. 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 offwhen 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.
4 Important Safety Information
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 orchemicaltransferorstoragefacilities.
- Areas where the air contains chemicals or
particles such as grain, dust, or metal powders.
' Any other area where you would normally be
advised to turn off your vehicle’s engine.
Note: Nevertransportorstore flammable gas,
flammable liquids, or explosives in the
compartment of your vehicle that contains
your phone or accessories.
Important Safety Information
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 invoice.
Using Your Phone With a Hearing Aid
Device
A number of phones have been tested for
hearing aid evrce 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 063.19 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 33150
has an M4 and a T3 rating.
These ratings are not guara ntees. 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
foryour 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 ofthe two ratings.)
T-Ratings: Phones rated T3 or T4 meet FCC
requirements and are likelyto be more usable
with a hearing device’s telecoil (“T Switch” or
"Telephone Switch") than unrated phones. (T4 is
the better/higher ofthe two ratings. Note that not
all hearing devices have telecoils in them.)
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 some newer wireless technologies used in
this phone that have not been tested yet for
use with hearing aids. It is important to try the
different features of this phone thoroughly
and in different locations, using your hearing
aid or cochlear implant, to determine if you
hearany interfering noise. Consult your
service provider orthe manufacturer of
this phone for information on hearing aid
compatibility. If you have questions about
return or exchange policies, consult your
service provider or phone retailer.
6 Important Safety Information
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.
|_—I_qurther suggests you experiment with
mu tiple 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 orfind the quality
of service unsatisfactory after purchasing your
phone, promptly return it to the store within
14 days of purchase. (A restockin fee may be
applied to exchanges. Visitljgomm
for details.) More information about hearing aid
compatibility may be found at; foggov, m,
a nd acgegswirelessorg.
Getting the Best Hearing Device Experience
With Your Phone
To further minimize interference, move the
phone around to find the point with least
interference.
Important Safety Information
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 uestionable
manufacturing standar is not aware
of similar problems with phones
resulting from the proper use of batteries
and accessories approved byl:lor the
manufacturer of your phone. Use only
approved or manufacturer-a roved ba enes
and accessories found at Stores or
through your phone’s manufacturer, or call
to order. They’re also available
atI:IBuvmgtheright
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. lfthe
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 ofthe battery
clean.
Battery usage by children should be supervised.
8 Important Safety Information
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 oftime.
It’s best to replace the battery when it no longer
provides acceptable performance. It can be
recharged hundreds oftimes 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)
- Morethan one month:
-4° F to 113° F (-20° C to 45° C)
Important Safety Information
Disposal of Lithium Ion (Li-Ion) Batteries
- Promptly dispose of used batteries in
accordance with local regulations.
' Never dispose ofthe 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
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 a radio transmitter and receiver.
When it's turned on, it receives and transmits
radio frequency (RF) signals. Your phone is
designed to transmitjust enough RF power to
reach the network. The system handling your
call controls the RF power level. Depending on
network conditions, your phone may operate at
an actual SAR level below the maximum value
specified. Your phone is designed not to exceed
the recommended international guidelines for
limits on RF exposure.
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 August1996, the
FCC adopted hybrid standard consisting ofthe
existing ANSI/IEEE standard and the guidelines
published bythe 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|:|supplied or approved carrying case,
holster or other body-worn accessory. If you do not
use a body-worn accessory, ensure the antennas
are at least 0.59 inches (1.5 centimeters) from
your body when transmitting. Use of non—
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
0.59 inches (1.5 centimeters) separation distance
between the antennas and the user's body.
For more information about RF exposure, visit the
FCC website atfcc.gov.
70 Important Safety Information
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 ofa phone is the result ofan
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 ofthe 33150are:
Head: 1.29 W/kg
Body-worn:1.26W/kg
FCC Radio Frequency Emission
This phone meets the FCC Radio Frequency
Emission Guidelines.
FCC ID number: V6583150
More information on the phone’s SAR can be
found from the following FCC website:
http:[[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
Important Safety Information 11
interference received, including interference that
may cause undesired operation.
Changes or modifications not expressly approved
by the party responsible for compliance could void
the user’s authority to operate the equipment.
Note: This equipment has been tested and found
to comply with the limits for a Class B digital
device, pursuant to Part 15 of the FCC Rules.
These limits are designed to provide reasonable
protection against harmful interference in a
residential installation. This equipmentgenerates,
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 byturning the equipment off and
on, the user is encouraged to try to correct the
interference by one or more ofthe following
measures:
- Reorient the direction of the internal antennas.
- Increase the separation between the
equipmentand 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:
Serial No.:
12 Important Safety Information
Manufacturer’s
Warranty
Your phone has been designed to provide you with
reliable, worry-free service. Iffor 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
|:| or calll:l Customer Service at
Manufacturer’s Warranty
Kyocera Communications, Inc. (“KYOCERA”) offers
you, the original purchaser who has purchased
the enclosed subscriber unit (“Product”) onlyfrom
an authorized dealer in the United States, a limited
warrantythatthe 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,
KYOCERA 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
ofthe 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,
KYOCERA will repair or replace (with new or
rebuilt parts/replacements) defective parts or
Products used in the repairor replacement ofthe
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 numberand the
authorized dealer’s name and address, must
be presented to obtain warranty service. This
Manufacturer's Warranty 13
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 KYOCERA 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 KYOCERA for use), abuse, accident, physical
damage, abnormal use or operation, improper
handling or storage, neglect, exposure to fire,
water (except for product certified for protection
against water; see the Kyocera product website
for details on your Product) 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
orworkmanship); (ix) damagethe result of fire,
14 Manufacturer's Warranty
flood, acts of God or other acts which are not the
fault of KYOCERA 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 KYOCERA or a KYOCERA 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. KYOCERA 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.
KYOCERA 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.” KYOCERA
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.
Manufacturer's Warranty 15
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 applyto 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
76 Manufacturer's Warranty
End User License
Agreement
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 0R
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 otherterms 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 on
your Kyocera device and/or packaged with your
Kyocera device, including any updates to such
material by whatever means provided, and any
End User License Agreement 17
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 ofthe 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 thejurisdictions 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 ofthe Software packaged with your
Kyocera device may be provided bythird 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 SOFTWARE
IS NOTA KYOCERA PRODUCT. KYOCERA IS NOT
RESPONSIBLE FOR AND HAS NO LIABILITY WITH
REGARD TO THIRD PARTY SOFTWARE.
18 End User License Agreement
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 FORA
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 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)
End User License Agreement 19
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.
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
20 End User License Agreement
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 ifyou 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 UN. 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.
End User License Agreement 21
General Terms and
Conditions of Service
Please note that these terms may not be the
most current version. A current version of the
terms is available at our website at:
termsandconditions or upon request.
Para solicitar esta literatura en espanol, por
favor contactara o visitara
|:l.
Basic Definitions
In this document: (1) “we,” “us,” “our,” and "’I:I
meanl:|So|utions, Inc., as contracting agent
on behalf ofthe applicable affiliated
entities providing the products and Services;
(2) “you,” “your, customer,” and “user” mean
an account holder with us or any user of our
Devices or Services; (3) "Device” means any
phone, aircard, mobile 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
branded offers, rate plans, options,
Wire ess services, billing services, applications,
programs, products, software, or Devices on your
account with us. ”Service(s)" also includes any
other product or service that we offer or provide
to you that references these General Terms and
Conditions of Service (“Ts&Cs”).
The Service Agreement
These Ts&Cs are part of your service agreement
with us (the “Agreement”) and constitute a
contract under which we provide you Services
under terms and conditions that you accept.
THIS AGREEMENT CONTAINS A MANDATORY
ARBITRATION PROVISION WITH A CLASS WAIVER,
A REPRESENTATIVE ACTION WAIVER, AND A JURY
WAIVER PROVISION. In addition to these Ts&Cs,
22 General Terms and Conditions of Service v.7-1-13
there are several parts of the Agreement, which
includes but is not limited to the following: (i) the
subscriber agreement and transaction materials
that you receive and accept; (ii) the p|an(s) that
you chose as set forth in our written services and
transaction materials that we provide or refer you
to during the sales transaction, including on—line
and telephone transactions (if your service plan is
not specifically set forth in any in-store brochure
or printed materials, the requirements and terms
set forth in the current written Agreement and
transaction materials apply); (iii) any confirmation
materials and invoices that we may provide to
you; and (iv) the terms set forth in the coverage
map brochures. It is important that you carefully
read all of the terms of the Agreement.
Additional Terms
Additional terms will apply when you use certain
applications, programs, Devices, and services,
and these terms will be provided to you prior
to your use ofthe items. Depending on who
v.7-1-13
provides the items, the terms may come from
|:|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.
is not responsible for these third-party items
and associated terms. Additional terms will also
apply ifyou activate Services as part of a bundle
with another company’s services (for example,
cable services, home phone services, etc.). The
additional terms for bundled Services may either
modify or replace certain provisions in these
Ts&Cs, including terms relating to activation,
invoicing, payment, and disputing charges. Also,
a different dispute resolution provision may apply
to services provided by another company (the
dispute resolution provisions in this Agreement
will still apply to our Services). You will be
provided details on any additional terms with your
selection ofany bundled Service. For employee
and organization discounts, the discount
percentage may vary from month-to-month
based on the terms of the agreement between
General Terms and Conditions of Service 23
your employer, association, or organization
and: The discount will be zero after your
agreement or your organization's agreement
with|:|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
Ag reement. 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)
24 General Terms and Conditions of Service
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. lfyou don't want
to accept the Agreement,don’t do any of these
things.
Term Commitments & Early
Termination Fees
I:Iprovides a variety of Services, some of
which require you to maintain Your Services on
a month to month basis or for a minimum term,
usually 1 or 2 years (“Term Commitment”). If your
Agreement contains a Term Commitment, you will
be charged a fee (“Early Termination Fee”) for each
line of Service that you terminate early (i.e., prior to
satisfying the Term Commitment) or for each line
of Service that we terminate early for good reason
(for example, violating the payment or other terms
of the Agreement) but such Early Termination Fee
will be prorated based on your remaining Term
v.7-1-‘l3
Commitment. Early Termination Fees are a part of
our rates. Any Term Commitment, the length of
the Term Commitment, and the applicable Early
Termination Fee amounts and proration will be
disclosed to you during the sales transaction.
Carefully review any Term Commitment and Early
Termination Fee requirements prior to selecting
Services. After ygu have satisfied your Term
Commitment._your Services continue on a month-
to-month basis under the then-current Terms
and Conditions and Service policies. Services
offered on a subscription basis, as described
in the ”Account & Service Charges” section,
may not require a Term Commitment and may
not automatically renew. As explained directly
below, there are instances when you will not
be responsible for an Early Termination Fee for
terminating Services early.
v.7-1-13
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; (0) consistent with our published
trial period return policy; or (d) in response to a
materially adverse change that we make to the
Agreement as described directly below.
Our Right To Change The Agreement &
Your Related Rights
We may change any part of the Agreement at any
time, including, but not limited to, rates, charges,
how we calculate charges, discounts, coverage,
technologies used to provide services, or your
terms of Service. If you lose your eligibility for a
particular rate plan or if a particular rate plan is
no longer supported or available, we may change
your rate plan to one for which you qualify. We
General Terms and Conditions of Service 25
will provide you notice of material changes—and
we may provide you notice of non-material
changes—in a manner consistent with this
Agreement (see “Providing Notice To Each Other
Under The Agreement” section). If a change we
make to the Agreement is material and has a
material adverse effect on Services under your
Term Commitment, you may terminate each line
of Service materially adversely affected without
incurring an Early Termination Fee only if: (a) you
call us within 30 days after the effective date of
the change; (b) you specifically advise us that you
wish to cancel Services because of a material
change to the Agreement that we have made; and
(c) we fail to negate the change after you notify us
of your objection to it. If you do not notify us and
cancel Service within 30 days of the change, an
Early Termination Fee will apply if you terminate
Services before the end ofany applicable Term
Commitment.
26 General Terms and Conditions of Service
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; (9) 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
v.7-1-‘l3
Services; or (I) 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. Ifthe changes take place sooner,
your invoice may reflect pro-rated charges for
your old and new Services. We may, but are not
obligated to, provide you the opportunity to
authorize someone else to make changes to your
Services, which will include the authority to make
changes that will extend your Term Commitment.
You are responsible for any changes to your
Services made by a person you authorize, and
v.7-1-13
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
I:Iand 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
responsiblefor 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.
General Terms and Conditions of Service 27
Credit Checks & Credit Information
We agree to provide you Services on the
condition that you have and maintain satisfactory
cred't according to our standards and policies.
You agree to provide information that we may
request or complete any applications that we may
prov'de you to facilitate our review. We rely on
the credit information you furnish, credit bureau
reports or other data available from commercial
cred t reference services, and other information
(such as payment history with us) to determine
whether to provide or continue to provide you
Serv ces. The Services we offer you can vary
based on your credit history We may at anytime,
based on your credit history, withdraw or change
Serv ces or place limits or conditions on the use
of our Services. You agree to provide us updated
cred't information upon request. We may provide
your payment history and other account billing/
charge information to any credit reporting
agency or industry clearinghouse.
28 General Terms and Conditions of Service
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 anytime 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.
v.7-1-‘l3
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 ofthe 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,
v.7-1-13
property, or Services; or (b) in any way prohibited
by the terms of our Services, the Agreement,
or our Policies. You cannot in any manner resell
the Services to another party. For additional
restrictions on the use of our Services, see our
Acceptable Use Policy and Visitors Agreement,
which are available on our website, and the
detailed plan or other information on Services
that we provide or refer you to during the sales
transaction.
Your Device, Number & Email Address
We don’t manufacture any Device that we
might sell to you or that is associated with our
Services, and we aren't responsible for any
defects, acts, or omissions of the manufacturer.
The only warranties on your Device are
the limited warranties given to you by the
manufacturer directly or that we pass through.
Device performance may vary based on device
specifications (for example, a device’s software,
memory, and storage), and device performance
General Terms and Conditions of Service 29
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 numberto 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, email address, or other
identifier that we assign to you, your Device,
or your account. We’ll notify you if we decide
to change or reassign them. Your CDMA
PCS phone may have software programming
lockthat protects certain ofthe handset’s
operating parameters against unauthorized
reprogramming. Ifyour device has a software
programming lock, and you wish to obtain the
software program lock code for your CDMA
:IPCS phone, please visit: or call
30 General Terms and Conditions of Service
1-888—211—4727 for information and eligibility
requirements.
Porting/Transferring Phone Numbers
We don’t guarantee that number transfers to
or from us will be successful. If you authorize
another carrier to transfer a number away from
us, then that is considered a request by you to us
to terminate all of the Services associated with
that number. You’re responsible for all charges
billed or incurred prior to deactivation and for any
applicable Early Termination Fees.
Coverage; Where Your Device Will
Work; Service Speeds
Our coverage maps are available at our
authorized retail locations and on I:I
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
v.7-1-‘l3
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
v.7-1-13
is receiving a software update, you may be
unable to use your Device in any manner until the
software update is complete.
Roaming
The term “roaming" typically refers to coverage
on another carrier’s network that we may make
available to you based on our agreements with
other carriers. These agreements may change
from time to time, and roaming coverage is
subject to Change without notice. Your ability
to receive roaming coverage depends on the
radio transmissions your Device can pick up
and the availability of roaming coverage. We
make no guarantee that roaming coverage will
be available. Roaming coverage may exist both
within and outside our network coverage areas.
Your Device will generally indicate when you’re
roaming. Depending on your Services, separate
charges or limits on the amount of minutes
used while roaming may apply. Certain Services
may not be available or work the same when
General Terms and Conditions of Service 31
roaming (for example, data Services, voicemail,
call waiting, etc.). For information on whether
roaming applies, see your service plan details.
About Data Services & Content
Our data Services and your Device may allow
you to access the Internet, text, pictures, video,
games, graphics, music, email, applications,
sound, and other materials (“Data Content")
or send Data Content elsewhere. Some Data
Content is available from us or our vendors,
while other Data Content can be accessed from
others (for example, third party websites, games,
ringers, applications, etc.). We make absolutely
no guarantees about the Data Content that you
access on your Device. Data Content may be:
(1) unsuitable for children/minors; (2) unreliable
or inaccurate; or (3) offensive, indecent, or
objectionable. You’re solely responsible for
evaluating the Data Content accessed by you
or anyone through your Services. We strongly
recommend that you monitor data usage by
32 General Terms and Conditions of Service
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. lfwe 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
may be deleted, modified, or damaged.
You may not be able to make or receive voice
calls while using data Services. Data Content
v.7-1-‘l3
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 ofthe 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 rightto limit,
suspend, or constrain any heavy, continuous
data usage that adversely impacts our networks’
performance or hinders access to our networks.
v.7-1-13
Ifyour 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,wlth “phone as modem" plansb
Mobile Broadband card plans, wireless router
plans, etc.).
Software License
lf|:| provides you software as part of the
Service and there are not software license terms
provided with the software (by |:|or by a third
party), then 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, pile, ordisassemble the
software. may revoke this license atany
time.
General Terms and Conditions of Service 33
Fees, Activation & Miscellaneous
Charges
Based on our Policies, we may charge activation,
prepayment, reactivation, program, or other fees
to establish, change, or maintain Services. Certain
transactions may also be subject to a charge (for
example, convenience payment, changing phone
numbers, handset upgrades, etc.). You will be
provided notice of these types of fees before we
complete the requested transaction.
Account & Service Charges
You are responsible for all charges associated with
your account and the Services on your account,
no matter who adds or uses the Services. Charges
include, but are not limited to, the monthly
recurring charges, usage charges, charges for
additional services, taxes, surcharges, and fees
associated with your Services. These charges
are described or referred to during the sales
transaction, in our marketing materials, and
34 General Terms and Conditions of Service
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. lfyou (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 ofthe
Services for a defined period oftime. 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
v.7-1-‘l3
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
v.7-1-13
until you press “End" or the network connection
otherwise breaks. If charges vary depending on
the time of day that you place or receive calls
(for example, Nights and Weekend plans), you’re
charged for the entire call based on the rate
that applies to the time period in which the call
starts. Call time for a single call may be subject to
a maximum duration and may be automatically
terminated ifthe maximum duration is exceeded.
Rates that vary based on the time of access will be
determined based on the location of the network
equipment providing service and not the location
of your Device or your Device’s area code (if
applicable).
Push-to-Talk Charges: Charges for push-to-talk
calls are billed to the person who starts the call
and calculated by multiplying the duration of
the call by the applicable rate and number of
participants. You’re charged at least 6 seconds
of airtime for each call you start; subsequent
communications in the same call are rounded
General Terms and Conditions of Service 35
up to and billed to the next second. Time begins
when you press any button to start a push—to-
talk call and ends approximately 6 seconds
after completion of a communication to which
no participant responds. Subsequent push-
to-talk communications are considered new
calls. Charges apply for the entire period of
time the push-to-talk call is connected to our
network. Depending on your plan, nationwide,
international, or group push-to-talk calls may
use the local push-to-talk minutes in your plan
and result in additional or different charges.
Responses to call alert transmissions are treated
as new push-to-talktransmissions even when
responding within 6 seconds of receiving the
alert. Push-to-talk billing methods are subject
to change as we introduce new push-to-talk
Services.
Data Usage: Unless we specifically tell you
otherwise, data usage is measured in bytes,
kilobytes, megabytes, and gigabytes—not in
minutes/time.1024 bytes equalsi kilobyte (“KB"),
1024 KB equalsl megabyte, and 1024 megabytes
equalsi gigabyte. Bytes are rounded up to KB,
so you will be charged at leastl 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. lfyou 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
ourdata 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,
36 General Terms and Conditions of Service v.7-1-13
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 listthe
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
M7—1-13
that depend on usage information from a third
party, may be billed in subsequent bill cycles
and result in higherthan expected charges for
that month. Bill cycles and dates may change
from time to time. Your bill may also include
other important notices (for example, changes to
your Agreement, to your Service, legal notices,
etc.). Your paper bill may not include itemized
billing detail. More specific billing information is
available online. Paper bills may be subject to an
additional charge. Unless prohibited by law, other
charges (for example, data Services or taxes and
surcharges) will not include itemized detail but
will be listed as total charges for a category. If you
choose Internet billing, you will not receive paper
bills.
Your Payments; Late Fees
Payment is due in full as stated on your bill. If
we do not receive payment in full by the date
specified on your bill, a late payment charge,
which may be charged at the highest rate
General Terms and Conditions of Service 37
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
38 General Terms and Conditions of Service
on the Services that we provide to you. These
charges may change from time to time without
advance notice. lfyou’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 I:|surcharges
(“Surcharges"), which may include, but are not
limited to: Federal Universal Service; Regulatory
and Administrative charges; gross receipts
charges, and other charges. Surcharges are not
taxes, and we are not required by law to assess
them. They are part of our rates we choose, at our
discretion, to collect from you, to recover certain
costs and are kept by us. The number and type
of Surcharges will be provided on your invoice
and may vary depending upon the location of the
billing address of the Device and can change over
time. We determine the amount for these charges,
and these amounts are subject to change, as are
v.7-1-‘l3
the components used to calculate these amounts.
We will provide you notice of any changes to
Surcharges in a manner consistent with this
Agreement (see “Providing Notice To Each
Other Under The Agreement” section). However,
because some Surcharges are based on amounts
set by the government or based on government
formulas, it will not always be possible to provide
advance notice of new Surcharges or Changes in
the amount of existing Surcharges. Information
on Surcharges is provided during the sales
transaction and is available on our website.
Disputing Charges - You Must Still Pay
Undisputed Charges
Any dispute toa charge on your bill must be made
within 60 days ofthe date ofthe bill that initially
contained the charge. Disputes can only be made
by calling or writing us as directed on your invoice
orelsewhere. You accept all charges not properly
v.7-1-13
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 ourwebsite.
General Terms and Conditions of Service 39
Your Privacy
Our Privacy Policy is available on our website. To
review the policy, visit|:l
This policy may change from time to time, so
review it with regularity and care.
Call Monitoring: To ensure the quality of our
Services and for other lawful purposes, we may
monitor or record calls you make to us or we make
to you (for example, your conversations with our
customer service or sales departments).
Authentication and Contact: You (the account
holder) may password protect your account
information by establishing a personal
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 I:Imay,
in our sole discretion, treat any person who
presents your credentials that we deem sufficient
40 General Terms and Conditions of Service
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 examplewe implement safeguardsthat
are designed to protect your CPNI, including
- authentication procedures when you contact
v.7-1-‘l3
us. For some accounts with a dedicated:
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 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 throu h
the Services, you agree and authorize to
provide information related to your use of the
Services or the application(s). You understand
that your use of third-party applications is subject
to the third party's terms and conditions and
policies, including its privacy policy. Be sure that
you have reviewed and are comfortable with the
third party's policies before using its application
on your device.
v.7-1-13
Information on Devices: Your Device may contain
sensitive or personal information (for example,
pictures, videos. asswords, or stored credit
card numbers). 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 ofthe information on your
Device. Ifyou exchange, return, or recycle your
Device through us, we typically attempt to erase
all data on your Device, but you must remove all
data from your Device before you provide it to us.
Location-Enabled Services
Our networks generally knowthe location of
your Device when it is outdoors and/or turned
on. By using various technologies to locate your
General Terms and Conditions of Service 41
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 or third-party
location-enabled applications through the
Services. You understand that your use of such
location-ena bled applications is subject to the
application’s terms and conditions and policies,
including its privacy policy. lfyou 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.
42 General Terms and Conditions of Service
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 ocation, or the location of your Device. In
certain circumstances, an emergency call may be
routed to a state patrol dispatcher or alternative
locat‘on set by local emergency service
providers. Enhanced 911 service (“E91l”)—where
enab ed 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
v.7-1-‘l3
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 ls Lost or Stolen
Call us immediately ifyour 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 ofthe alleged loss ortheft. You agree
to cooperate if we choose to investigate the
matter (provide facts, sworn statements, etc.). We
may not waive any applicable Early Termination
Fees if you choose to terminate Services as a
result of loss or theft of your Device.
v.7-1-13
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING
OTHERWISE, WE MAKE NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
(TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED
WARRANTY OF MERCHANTABILITY, NON-
INFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE CONCERNING YOUR SERVICES
(INCLUDING YOUR DEVICE AND ANY SOFTWARE
OR APPLICATIONS ON YOUR DEVICE). WE DON'T
PROMISE UNINTERRUPTED OR ERROR-FREE
SERVICES AND DON'T AUTHORIZE ANYONE TO
MAKE WARRANTIES ON OUR BEHALF.
PROVIDES ALL SOFTWARE AND APPLICATIONS ON
AN "AS IS" BASIS WITH ALL FAULTS, ERRORS, AND
DEFECTS.
You Agree That We Are Not
Responsible For Certain Problems
You agree that neither we nor our parent,
subsidiary, or affiliate companies, nor our
General Terms and Conditions of Service 43
vendors, suppliers, or licensors are responsible
for any damages, delay, interruption or other
failure to perform resulting from: (a) anything
done or not done by someone else; (b) providing
orfailing to provide Services, including, but not
limited to, deficiencies or problems with a Device
or network coverage (for example, dropped,
blocked, interrupted Services, etc.); (0) traffic
orother 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; (9) 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|:|
storage space from your use of the Services or
44 General Terms and Conditions of Service
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 That Our Liability ls 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,
v.7-1-‘l3
MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE
WHATSOEVER ARISING OUT OF OR RELATED TO
PROVIDING OR FAILING TO PROVIDE SERVICES
IN CONNECTION WITH A DEVICE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, LOSS
OF BUSINESS, OR COST OF REPLACEMENT
PRODUCTS AND SERVICES.
DISPUTE RESOLUTION AND
ARBITRATION
PLEASE READ TH IS CAREFULLY; IT AFFECTS
YOUR RIGHTS
In those rare instances where your concern is
not resolved to your satisfaction through calls
to our customer care, you andl:leach
agree to try to resolve those disputes in good
faith after you provide written notice of the
dispute as set forth below. Ifthe dispute is not
resolved, you and |:|agree that the dispute
will be resolved through individual binding
arbitration or small claims court, instead of
courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class
Action
Instead of suing in court, you and El agree
to arbitrate all Disputes (as defined below) on an
individual, non-representative, basis. You agree
that by entering into this Agreement, you and
Clare waiving the right to a trial byjury or to
participate in a class action or representative
action. This agreement to arbitrate is intended
to be broadly interpreted.
In arbitration, there is nojudge orjury. Instead
Disputes are decided by a neutral third-party
arbitrator in a more informal process than in
court. In arbitration, there is limited discovery
and the arbitrator's decision is subject to
limited review by courts. However, just as
a court would, the arbitrator must honor
v.7-1-13 General Terms and Conditions of Service 45
the terms of the Agreement and can award
damages and relief, including any attorneys’
fees authorized bylaw.
“Disputes” shall include, but are not limited to,
any claims or controversies against each other
related in any way to or arising out of in any
way our Services or the Agreement, including,
but not limited to, coverage, Devices, billing
services and practices, policies, contract
practices (including enforceability), service
claims, privacy, or advertising, even if the
claim arises after Services have terminated.
Disputes also include, but are not limited
to, claims that: (a) you or an authorized or
unauthorized user of the Services or Devices
bring against ouremployees, agents, affiliates,
or other representatives; (b) you bring against
a third party, such as a retailer or equipment
manufacturer, that are based on, relate to,
or arise out of in any way our Services or the
Agreement; or(c)that brings against
you. Disputes also include, but are not limited
to, (i) claims in any way related to or arising out
ofan as ect ofthe relationship between you
and whether based in contract, tort.
statute, fraud, misrepresentation, advertising
claims or any other legal theory; (ii) claims
that arose before this A reement or out of a
priorAgreement with ;(iii) claims that
are subject to on—going litigation where you
are not a party or class member; and/or (iv)
claims that arise after the termination of this
Agreement.
Dispute Notice and Dispute Resolution
Period
Before initiating an arbitration or a small claims
matter, you and ach agree to first
provide to the other a written notice ("Notice
of Dispute”), which shall contain: (a) a written
description ofthe problem and relevant
documents and supporting information;
and (b) a statement of the specific relief
46 General Terms and Conditions of Service v.7-1-13
sought. A Notice of Dispute tol:lshould
be sent to: General Counsel; Arbitration
Office; 12502 Sunrise Valley Drive, Mai/stop
VARESAO202-2C682; Reston, Virginia 20191.
will provide a Notice of Dispute to you in
accordance with the "Providing Notice To Each
Other Under The Agreement” section ofthis
Agreement.|:|wi|| assign a representative
to work with you and try to resolve your
Dispute to your satisfaction. You and
agree to make attempts to resolve the Dispute
prior to commencing an arbitration or small
claims action. If an agreement cannot be
reached within forty-five (45) da 3 of receipt
ofthe Notice of Dispute, you or may
commence an arbitration proceeding or small
claims action.
Arbitration Terms, Process. Rules and
Procedures
(1) Unless you and I:Iagree otherwise,
the arbitration will be conducted by a single,
neutral arbitrator and will take place in the
county ofthe last billing address ofthe Service.
The arbitration will be governed by either:
(a) rules that we mutually agree upon; or (b)
the JAMS Comprehensive Arbitration Rules &
Procedures (the “JAMS Rules"), as modified by
this agreement to arbitrate, including the rules
aboutthefiling, administration, discovery and
arbitrator fees. The JAMS rules are available on
its website atjamsadrcom. Notwithstanding
any JAMS Rule to the contrary or any other
provision in arbitration rules chosen, by
agreement, to govern the arbitration, we each
agree that all issues regarding the Dispute are
delegated to the arbitrator to decide, except
that only a court (and not the arbitrator) shall
decide any disagreements regarding the
scope and enforceability of this agreement to
arbitrate.
(2) The Federal Arbitration Act (“FAA") applies to
this Agreement and arbitration provision. We
v.7-1-13 General Terms and Conditions of Service 47
each agree that the FAA's provisions—not state
law—govern all questions of whether a Dispute
is subject to arbitration. To the extent that this
agreement to arbitrate conflicts with the JAMS
Policy on Consumer Arbitrations Pursuant
to Pre-Dispute Clauses Minimum Standards
for Procedural Fairness (the “Minimum
Standards"), the Minimum Standards in that
regard will apply. However, nothing in this
paragraph will require or allow you or
to arbitrate on a class-wide, representative or
consolidated basis.
(3) The arbitrator may award declaratory or
injunctive relief only in favor of the individual
party seeking relief and only to the extent
necessary to provide relief warranted bythat
party's individual claim. YOU AND|:|
AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN AN INDIVIDUAL
CAPACITY, AND NOT AS A CLASS MEMBER IN
ANY PUTATIVE CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and
|:|expressly agree otherwise, the arbitrator
may not consolidate more than one person’s
claims, and may not otherwise preside
over any form of a representative or Class
proceeding. Ifany portion ofthis provision is
found to be unenforceable, then the entirety of
this arbitration provision shall be null and void.
(4) We each are responsible for our respective
costs, including our respective counsel,
experts, and witnesses.|:|will pay for any
filing or case management fees associated
with the arbitration and the professional fees
forthe arbitrator’s services.
(5) An arbitrator’s award will be a written
statement ofthe disposition of each claim and
will also provide a concise written statement of
the essential findings and conclusions which
form the basis of the award. The arbitrator’s
decision and award is final and binding, with
some limited court review under the FAA, and
48 General Terms and Conditions of Service v.7-1-13
judgment on the award may be entered in any
court with jurisdiction.
(6) As an alternative to arbitration, we may
resolve Disputes in small claims court in the
county of your most recent billing address.
In addition, this arbitration agreement does
not prevent you from bringing your Dispute
to the attention of any federal, state, or local
government agency. Such ag ' can, ifthe
law allows, seekrelief against on your
behalf.
No Trial ByJury and No Class Action
|F FOR ANY REASON A CLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN ANY
WAY PROCEEDS IN COURT RATHER THAN IN
ARBITRATION, REGARDLESS OF WHETHER THE
CLAIM IS AN ACTION, COUTERCLAIM OR ANY
OTHER COURT PROCEEDING, WE EACH AGREE
THAT TO THE EXTENT ALLOWED BY LAW, THERE
WILL NOT BE A JURY TRIAL OR CLASS ACTION
AND WE EACH UNCONDITIONALLY (I) WAIVE ANY
RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT
TO PURSUE DISPUTES ON A CLASSWIDE BASIS,
INCLUDING JOINING A CLAIM WITH THE CLAIM
OF ANY OTHER PERSON OR ENTITY OR ASSERT
A CLAIM IN A REPRESENTATIVE CAPACTITY
ON BEHALF OF ANYONE ELSE IN ANY OTHER
PROCEEDING.
Indemnification
You agree to indemnify, defend, and hold:
and our subsidiaries, affiliates, parent companies,
vendors, suppliers, and licensors harmless
from any claims arising out of or relating to your
actions, including, but not limited to, your use
ofthe 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, orotheraccount information; or
v7—1-13 General Terms and Conditions of Service 49
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 ofthe
following: in your bill, correspondence to your
last known billing address, to any fax number or
email address you’ve provided us, by calling you
on your Device or any other phone number you’ve
provided us, by voice message on your Device or
any other phone number you’ve provided us, or
bytext message on your Device.
50 General Terms and Conditions of Service
Contacting You Regarding Billing and
Collections
You expressl authorize,and ‘ ‘ ally consent
to allowing and any offlagents
to contact you in connection WI any and all
matters relating to unpaid past due charges you
owe I:I You agree that, for attempts to collect
unpaid pastduecharges, and anyof its
agents may contact you at any mailing address.
telephone number, cellular phone number, email
address, or any other electronic address that you
have provided, or may in the future provide. to
I:I. You agree and acknowledge that any email
address or an other electronic address that you
provide to|__L|is your private address and is
not accessible to unauthorized third parties. For
attempts to collect unpaid charges, you agree
that in addition to individual persons attempting
to communicate directly with you, any type of
contact described above may be made using,
among other methods, pre—recorded or artificial
v.7-1-‘l3
voice messages delivered by an automatic
telephone dialing system, pre-set email messages
delivered by an automatic emailing system, or
any other pre-set electronic messages delivered
by any other automatic electronic messaging
system.
Other Important Terms
Subject to federal law or unless the Agreement
specifically provides otherwise, this Agreement
is governed solely by the laws of the state
encompassing the billing address ofthe 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 ofthis Agreement remains in full force
and effect. This Agreement isn’t for the benefit
of any third party except our corporate parents,
v.7-1-13
affiliates, subsidiaries, agents, and predecessors
and successors in interest. You can't assign the
Agreement or any of your rights or duties under it.
unless we agree to the assignment. We can assign
the Agreement without notice. You cannot in any
manner resell the Services to another party. The
Agreement and the documents it incorporates
make up the entire agreement between us and
replaces all prior written or spoken agreements—
you can’t rely on any contradictory documents or
statements by sales or service representatives.
The rights, obligations, and commitments in the
Agreement that—by their nature—would logically
continue beyond the termination of Services (for
example, those relating to billing, payment, 911,
dispute resolution, no class action, nojury trial)
survive termination of Services.
General Terms and Conditions of Service 51
52
Important Message from El
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 onlytrusted websites
and download applications only from trusted
entities. has no control over websites
you visit or applications and software you
download,and spolicies do notapply
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 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 wantto remind you that is notable
to help you troubles ‘ ues connected
with your use of nonmapplications or
software (such as the ones you may select and
download to yourdevice). also will not
be able to provide you credits for applications
or software that ou download from sources
otherthan .And,|:fis 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 I:I’s Service and Repair policy, or your
device insurance policy. For more information
about |:|’s policies, roducts or services,
please visrt usa .
Important Message
@2014 El I:l
KYOCERA is a registered trademark of Kyocera Corporation.
Other marks are the property of their respective owners. 5KKZ002050XX7 Printed in Mexico

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