Quanta Microsystems AQT100 LTE Tablet PC User Manual NKJ sprint iib 20150909 word

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Date Submitted	2015-10-15 00:00:00
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Important Information
for the LTE Tablet PC
Important Safety Information –
page 2
Manufacturer’s Warranty –
page 10
General Terms and Conditions of
Service – page 14
Important Message from Sprint –
page 47
Using Your Tablet While Driving
Important Safety
Information
This booklet contains important operational and safety
information that will help you safely use your tablet.
Failure to read and follow the information provided in
this booklet may result in serious bodily injury, death, or
property damage.
General Precautions
There are several simple guidelines to operating your
tablet properly and maintaining safe, satisfactory
service.
• Avoid exposing your tablet and accessories to rain or
liquid spills. If your tablet does get wet, immediately
turn the power off and keep in dry place.
• Do not expose your tablet to direct sunlight for
extended periods of time (such as on the dashboard
of a car).
• Although your tablet 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 tablet not
expressly approved in this document could void your
warranty for this equipment and void your authority to
operate this equipment.
Note: For the best care of your device, only Sprintauthorized personnel should service your
tablet and accessories. Failure to do so may
be dangerous and void your warranty.
Operating your tablet while driving is prohibited in
some jurisdictions. Laws vary as to specific restrictions.
Remember that safety always comes first.
Tip:
Purchase an optional hands-free
accessory at your local Sprint Store, or call
Sprint at
1-866-866-7509.
Following Safety Guidelines
To operate your tablet safely and efficiently, always
follow any special regulations in a given area. Turn your
tablet off in areas where use is forbidden or when it may
cause interference or danger.
Using Your Tablet Near Other Electronic Devices
Most modern electronic equipment is shielded from
radio frequency (RF) signals. However, RF signals from
wireless tablets may affect inadequately shielded
electronic equipment.
RF signals may affect improperly installed or
inadequately shielded electronic operating systems or
entertainment systems in motor vehicles. Check with
the manufacturer or their representative to determine if
these systems are adequately shielded from external RF
signals. Also check with the manufacturer regarding any
equipment that has been added to your vehicle.
Consult the manufacturer of any personal medical
devices, such as pacemakers and hearing aids, to
determine if they are adequately shielded from external
RF signals.
Note: Always turn off the tablet in healthcare facilities,
and request permission before using the tablet
near medical equipment.
Important Safety Information
Important Safety Information
Turning Off Your Tablet in Dangerous Areas
To avoid interfering with blasting operations, turn
your tablet 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 tablet off when you’re in any area that has a
potentially explosive atmosphere. Although it’s rare,
your tablet and accessories could generate sparks.
Sparks can cause an explosion or fire, resulting in bodily
injury or even death. These areas are often, but not
always, clearly marked. They include:
• Fueling areas such as gas stations.
• Below deck on boats.
• Fuel or chemical transfer or storage facilities.
• Areas where the air contains chemicals or particles
such as grain, dust, or metal powders.
• Any other area where you would normally be advised
to turn off your vehicle’s engine.
Note: Never transport or store flammable gas,
•
•
•
•
•
•
flammable liquids, or explosives in the
compartment of your vehicle that contains your
tablet or accessories.
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 tablet 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
Important Safety Information
•
•
•
aware of similar problems with Sprint tablets resulting
from the proper use of batteries and accessories
approved by Sprint or the manufacturer of your
tablet. Use only Sprint-approved or manufacturerapproved batteries and accessories found at Sprint
Stores or through your tablet’s manufacturer, or call
1-866-866-7509 to order. They’re also available at
sprint.com/accessories. Buying the right batteries and
accessories is the best way to ensure they’re genuine
and safe.
In order to avoid damage, charge the battery only in
temperatures that range from 32° F to 113° F (0° C to
45° C).
Don’t use the battery charger in direct sunlight or in
high humidity areas, such as the bathroom.
Never dispose of the battery by incineration.
Don’t attempt to disassemble or short-circuit the
battery.
The battery may need recharging if it has not been
used for a long period of time.
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)
Do not disassemble or open crush, bend or deform,
puncture or shred.
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.
Only use the battery for the system for which it is
specified.
Important Safety Information
• Only use the battery with a charging system that has
been qualified with the system per CTIA Certification
Requirements for Battery System Compliance to
IEEE 1725. Use of an unqualified battery or charger
may present a risk of fire, explosion, leakage, or other
hazard.
Disposal of Lithium Ion (Li-Ion) Batteries
Do not handle a damaged or leaking Li-Ion battery as
you can be burned.
For safe disposal options of your Li-Ion batteries,
contact your nearest Sprint authorized service center.
Special Note: Be sure to dispose of your battery properly.
In some areas, the disposal of batteries in household or
business trash may be prohibited.
Radio Frequency (RF) Energy
Understanding How Your Tablet Operates
Your tablet is basically a radio transmitter and receiver.
When it’s turned on, it receives and transmits radio
frequency (RF) signals. When you use your tablet, the
system handling your call controls the power level. This
power can range from 0.006 watt to 0.2 watt in digital
mode.
Knowing Radio Frequency Safety
The design of your tablet 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
Important Safety Information
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 tablet on your body, use a
Sprint-supplied or Sprint-approved carrying case,
holster or other body-worn accessory.
Use of non-Sprint-approved accessories may violate
FCC RF exposure guidelines.
For more information about RF exposure, visit the FCC
website at fcc.gov.
Specific Absorption Rates (SAR) for Wireless
Tablets
The SAR value corresponds to the relative amount of RF
energy absorbed into the head of a user of a wireless
device.
The SAR value of a tablet is the result of an extensive
testing, measuring and calculation process. It does
not represent how much RF the tablet emits. All tablet
models are tested at their highest value in strict
laboratory settings. But when in operation, the SAR of a
tablet 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, tablet design
and other factors. What is important to remember is that
each tablet meets strict federal guidelines. Variations in
SARs do not represent a variation in safety.
All tablets must meet the federal standard, which
incorporates a substantial margin of safety. As stated
above, variations in SAR values between different model
tablets do not mean variations in safety. SAR values at or
Important Safety Information
below the federal standard of 1.6 W/kg are considered
safe for use by the public.
The highest reported SAR values of the LTE Tablet PC
are:
Body-worn: 1.268 W/kg (1g)
FCC Radio Frequency Emission
This tablet meets the FCC Radio Frequency Emission
Guidelines.
FCC ID number:T5UAQT100
More information on the tablet’s SAR can be found from
the following FCC website:
http://fcc.gov/oet/ea/.
FCC Notice
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 the back of the tablet. Record
the serial number in the space provided below. This will
be helpful if you need to contact us about your tablet in
the future.
Model: AQT100
Serial No.:
This device complies with Part 15 of the FCC Rules.
Operation is subject to the following two conditions:
(1) this device may not cause harmful interference, and
(2) this device must accept any interference received,
including interference that may cause undesired
operation.
Changes or modifications not expressly approved by
the party responsible for compliance could void the
user’s authority to operate the equipment.
Note: This equipment has been tested and found to
comply with the limits for a Class B digital device,
pursuant to Part 15 of the FCC Rules.
These limits are designed to provide reasonable
protection against harmful interference in a residential
Important Safety Information
Important Safety Information
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.
Important Safety Information
Important Safety Information
Manufacturer’s Warranty
Your device has been designed to provide you with
reliable, worry-free service. If for any reason you have
a problem with your equipment, please refer to the
manufacturer’s warranty in this section.
For information regarding the terms and conditions of
service for your device, please visit sprint.com or call
Sprint Customer Service at 1-888-211-4727.
Warranty Information
Limited Warranty Period
American Network Solutions LLC (“ANS”) warrants this
device is free from defects in material and workmanship
under normal use and service for twelve (12) months
commencing upon the date of purchase by the first
consumer purchaser. If proof of purchase cannot be
provided, the manufacturing date as recorded by ANS,
based upon the serial number, will be deemed to be the
start of Limited Warranty Period.
Limited Warranty Statement
The consumer should never attempt to open or
disassemble the device and doing so may cause
damage that voids your warranty. The device is
equipped with an internal rechargeable battery that is
non-removable.
This warranty does not cover defects for or resulting
from:
1) Improper or unreasonable use or maintenance;
2) Failure to follow operating instructions; accident;
excess moisture; insects; lightning; power surges;
connections to improper voltage supply;
3) Unauthorized alteration or modification of original
condition;
10
Important Safety Information
4) Damages caused by inadequate packing or shipping
procedures;
5) Devices purchased from unauthorized dealers; or
6) Devices whose mechanical serial number or
electronic serial number has been removed altered or
defaced.
During the Limited Warranty Period, ANS will, at its
sole option (using new or refurbished replacement
parts), repair any defective devices. Repaired devices
will be warranted for a period equal to the remainder of
the original Limited Warranty on the original device
or for NINETY (90) days following the date the repair
is completed, whichever is longer. All replaced parts,
components, boards and equipment shall become the
property of ANS.
The Limited Warranty is good only to the original
purchaser of the device during the Limited Warranty
Period as long as it remains in the United States and is
not transferrable or assignable.
Disclaimer of Warranties; Exclusion of Liability
Except as set forth in the Limited Warranty contained
on the warranty page enclosed with the device, the
purchaser takes the device “AS IS”, and ANS makes no
express or implied warranty of any kind whatsoever
with respect to the product, including but not limited to,
the merchantability of the product or its fitness for any
particular purpose or use; the design, condition or
quality of the device; the performance of the product;
the workmanship of the product or the components
contained therein; or compliance of the product
with the requirements of any law, rule, specification
or contract pertaining thereto. Nothing contained in
the instruction guide shall be construed to create an
express or implied warranty of any kind whatsoever
with respect to the device. In addition, ANS shall not be
liable for any damages of any kind resulting from the
purchase or use of the device or arising from the breach
Important Safety Information
10
Manufacturer's Warranty
Manufacturer's Warranty
11
11
Important Safety Information
Important Safety Information
of the Limited Warranty, including incidental, special or
consequential damages, or loss of anticipated profits or
benefits. Further, ANS shall not be liable for the delay in
rendering services under the Limited Warranty or loss of
use during the time the device is being repaired.
ANS is not liable for performance issues or
incompatibilities caused by your editing of registry
settings, or your modification of operating system
software or any other similar editing, modification or the
like to the device.
Using custom operating system software may cause
your device and applications to work improperly. Your
carrier may not permit users to download certain
software, such as custom OS. If your carrier prohibits this,
if you attempt to download software onto the device
without authorization, you will be notified on the screen
that the device will no longer operate and be instructed
to power down the device. You must then contact your
carrier to restore the device to the carrier authorized
settings.
ANS disclaims liability for removal or reinstallation of
the product, for geographic coverage, for inadequate
signal reception by the antenna or for communications
range or operation of the cellular system as a whole.
When sending your wireless device to ANS for repair or
service, please note that any personal data or software
stored on the device may be inadvertently erased or
altered. Therefore, we strongly recommend you make
a back up copy of all data and software contained on
your device before submitting it for repair or service.
This includes all contact lists, downloads (i.e. third-party
software applications, ringtones, games and photos)
and any other data added to your device.
In addition, if your wireless device utilizes a SIM or
Multimedia card, please remove the card before
submitting the device and store for later use when your
device is returned, ANS is not responsible for and does
not guarantee restoration of any third-party software,
12
Important Safety Information
personal information or memory data contained in,
stored on, or integrated with any wireless device,
whether under warranty or not, returned to ANS for
repair or service.
American Network Solutions LLC
c/o International Warehouse Group
Attn: Warranty Dept.
290 Spagnoli Road
Melville, New York 11747
Important Safety Information
12
Manufacturer's Warranty
Manufacturer's Warranty
13
13
Important Safety Information
Important Safety Information
WITH A CLASS WAIVER, A REPRESENTATIVE ACTION
WAIVER, AND A JURY WAIVER PROVISION. In addition to
General Terms and
Conditions of Service
Please note that these terms may not be the most current
version. A current version of the terms is available at
our website at sprint.com/termsandconditions or upon
request.
Para solicitar esta literatura en español, por
favor contactar a 1-800-777-4681 o visitar a
sprint.com/espanol.
Basic Definitions
In this document: (1) “we,” “us,” “our,” and “Sprint” mean
Sprint Solutions, Inc., as contracting agent on behalf
of the applicable Sprint affiliated entities providing the
products and Services; (2) “you,” “your,” “customer,” and
“user” mean an account holder with us or any user of
our Devices or Services; (3) “Device” means any phone,
aircard, mobile broadband device, any other device,
accessory, or other product that we provide you, we
sell to you, or is active on your account with us; and
(4) “Service” means Sprint-branded offers, rate plans,
options, wireless services, billing services, applications,
programs, products, software, or Devices on your
account with us. “Service(s)” also includes any other
product or service that we offer or provide to you that
references these General Terms and Conditions of
Service (“Ts&Cs”).
The Service Agreement
These Ts&Cs are part of your service agreement
with us (the “Agreement”) and constitute a contract
under which we provide you Services under terms
and conditions that you accept. THIS AGREEMENT
CONTAINS A MANDATORY ARBITRATION PROVISION
14
General Terms and Conditions of Service
v.7-1-13
these Ts&Cs, there are several parts of the Agreement,
which includes but is not limited to the following: (i) the
subscriber agreement and transaction materials that
you receive and accept; (ii) the plan(s) that you chose
as set forth in our written services and transaction
materials that we provide or refer you to during the
sales transaction, including on-line and telephone
transactions (if your service plan is not specifically
set forth in any in-store brochure or printed materials,
the requirements and terms set forth in the current
written Agreement and transaction materials apply);
(iii) any confirmation materials and invoices that we
may provide to you; and (iv) the terms set forth in the
coverage map brochures. It is important that you
carefully read all of the terms of the Agreement.
Additional Terms
Additional terms will apply when you use certain
applications, programs, Devices, and services, and
these terms will be provided to you prior to your use of
the items. Depending on who provides the items, the
terms may come from Sprint or a third party. You are
subject to any terms provided by the third party, and
the terms are directly between you and that third party.
Sprint is not responsible for these third-party items and
associated terms. Additional terms will also apply if
you activate Services as part of a bundle with another
company’s services (for example, cable services,
home phone services, etc.). The additional terms for
bundled Services may either modify or replace certain
provisions in these Ts&Cs, including terms relating to
activation, invoicing, payment, and disputing charges.
Also, a different dispute resolution provision may apply
to services provided by another company (the dispute
resolution provisions in this Agreement will still apply
to our Services). You will be provided details on any
additional terms with your selection of any bundled
v.7-1-13
General Terms and Conditions of Service
15
Service. For employee and organization discounts,
the discount percentage may vary from month-tomonth based on the terms of the agreement between
your employer, association, or organization and
Sprint. The discount will be zero after your agreement
or your organization’s agreement with Sprint ends.
Additional terms and eligibility requirements regarding
organization discounts will be provided to you.
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
Sprint provides a variety of Services, some of which
require you to maintain Your Services on a month
to month basis or for a minimum term, usually 1 or
2 years (“Term Commitment”). If your Agreement
contains a Term Commitment, you will be charged a
General Terms and Conditions of Service
are a part of our rates. Any Term Commitment, the
length of the Term Commitment, and the applicable
Early Termination Fee amounts and proration will be
disclosed to you during the sales transaction. Carefully
review any Term Commitment and Early Termination Fee
requirements prior to selecting Services. After you have
satisfied your Term 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.
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.
If you lose your eligibility for a particular rate plan
or if a particular rate plan is no longer supported
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
15
terminate early for good reason (for example, violating
the payment or other terms of the Agreement) but such
Early Termination Fee will be prorated based on your
remaining Term Commitment. Early Termination Fees
v.7-1-13
v.7-1-13
General Terms and Conditions of Service
15
or available, we may change your rate plan to one
for which you qualify. We will provide you notice of
material changes—and we may provide you notice of
non-material changes—in a manner consistent with
this Agreement (see “Providing Notice To Each Other
Under The Agreement” section). If a change we make
to the Agreement is material and has a material adverse
effect on Services under your Term Commitment, you
may terminate each line of Service materially adversely
affected without incurring an Early Termination Fee only
if: (a) you call us within 30 days after the effective date of
the change; (b) you specifically advise us that you wish
to cancel Services because of a material change to the
Agreement that we have made; and (c) we fail to negate
the change after you notify us of your objection to it. If
you do not notify us and cancel Service within 30 days
of the change, an Early Termination Fee will apply if you
terminate Services before the end of any applicable
Term Commitment.
Our Right To Suspend Or Terminate
Services
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
General Terms and Conditions of Service
Your Right To Change Services & When
Changes Are Effective
The account holder can typically change Services
upon request. In some instances, changes may be
conditioned on payment of an Early Termination Fee or
certain other charges, or they may require a new Term
Commitment. Changes to Services are usually effective
at the start of the next full invoicing cycle. If the changes
take place sooner, your invoice may reflect pro-rated
charges for your old and new Services. We may, but
are not obligated to, provide you the opportunity to
authorize someone else to make changes to your
Services, which will include the authority to make
changes that will extend your Term Commitment. You
are responsible for any 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
We can, without notice, suspend or terminate any
Service at any time for any reason. For example, we can
18
believe the action protects our interests, any customer’s
interests, or our networks.
v.7-1-13
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.
v.7-1-13
General Terms and Conditions of Service
19
Credit Checks & Credit Information
Deposits & Returning Deposits
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.
20
General Terms and Conditions of Service
v.7-1-13
We may at any time require a deposit as a guarantee
of payment for you to establish or maintain Service
(“Deposit”). By providing us a Deposit, you grant us
a security interest for all current or future amounts
owed to us. We may change the Deposit at any time
with notice. You can’t use a Deposit to make or delay
payments. The Deposit, the length of time we hold the
Deposit, and changes to the Deposit are determined
based on your credit history, payment history, and other
factors. Unless prohibited by law, we may mix Deposits
with our other funds and it won’t earn interest, and we
reserve the right to return the Deposit as a credit on your
invoice at anytime. If your Services are terminated for
any reason, we may keep and apply your Deposit to any
outstanding charges. We’ll send any remaining portion of
the Deposit to your last known address within 90 days
after your final invoice—if it is returned to us, we will
forward it on to the appropriate state authorities to the
extent required by law.
Restrictions On Using Services
You can’t use our Services: (a) in a way that could cause
damage or adversely affect any of our other customers
or our reputation, networks, property, or Services; or (b)
in any way prohibited by the terms of our Services, the
Agreement, or our Policies. You cannot in any manner
resell the Services to another party. For additional
restrictions on the use of our Services, see our
Acceptable Use Policy and Visitors Agreement, which
are available on our website, and the detailed plan or
other information on Services that we provide or refer
you to during the sales transaction.
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General Terms and Conditions of Service
21
Your Device, Number & Email Address
We don’t manufacture any Device that we might sell
to you or that is associated with our Services, and we
aren’t responsible for any defects, acts, or omissions
of the manufacturer. The only warranties on your
Device are the limited warranties given to you by the
manufacturer directly or that we pass through. Device
performance may vary based on device specifications
(for example, a device’s software, memory, and storage),
and device performance may impact access to all of
our Services. 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, email
address, or other identifier that we assign to you, your
Device, or your account. We’ll notify you if we decide to
change or reassign them. Your CDMA Sprint PCS phone
may have software programming lock that protects
certain of the handset’s operating parameters against
unauthorized reprogramming. If your device has a
software programming lock, and you wish to obtain the
software program lock code for your CDMA Sprint PCS
phone, please visit sprint.com or call 1-888-211-4727 for
information and eligibility requirements.
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.
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Coverage; Where Your Device Will Work;
Service Speeds
Our coverage maps are available at our authorized
retail locations and on sprint.com. The specific
network coverage you get will depend on the radio
transmissions your Device can pick up and Services
you’ve chosen. Our coverage maps provide high level
estimates of our coverage areas when using Services
outdoors under optimal conditions. Coverage isn’t
available everywhere. Coverage and Service speeds
are not guaranteed. Coverage is subject to change
without notice. Service speeds may depend on the
Service purchased. Actual speeds will vary. Estimating
wireless coverage, signal strength, and Service speed
is not an exact science. There are gaps in coverage
within our estimated coverage areas that-along with
other factors both within and beyond our control
(for example, network problems, network or Internet
congestion, software, signal strength, your Device,
structures, buildings, weather, geography, topography,
server speeds of the websites you access, actions of
third parties, etc.)-may result in 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
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21
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 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 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;
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General Terms and Conditions of Service
v.7-1-13
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 networks’
performance or hinders access to our networks. If your
Services include Web or data access, you also can’t
use your Device as a modem for computers or other
equipment, unless we identify the Service or Device you
have selected as specifically intended for that purpose
(for example, with “phone as modem” plans, Sprint
Mobile Broadband card plans, wireless router plans,
etc.).
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General Terms and Conditions of Service
25
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, nontransferable license to use the software to access the
Services for your own individual use. You will not sell,
resell, transfer, copy, translate, publish, create derivative
works of, make any commercial use of, modify, reverse
engineer, decompile, or disassemble the software.
Sprint may revoke this license at any time.
Fees, Activation & Miscellaneous
Charges
Based on our Policies, we may charge activation,
prepayment, reactivation, program, or other fees to
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.
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
General Terms and Conditions of Service
How We Calculate Your Charges For
Billing Purposes
Regular Voice Calls: We round up partial minutes of use to
Account & Service Charges
26
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.
v.7-1-13
the next full minute. Time starts when you press “Talk” or
your Device connects to the network and stops when
you press “End” or the network connection otherwise
breaks. You’re charged for all calls that connect, even to
answering machines, voicemail, or voice transcription
services. You won’t be charged for unanswered
calls or if you get a busy signal. For incoming calls
answered, you’re charged from the time shortly before
the Device starts ringing until you press “End” or the
network connection otherwise breaks. If charges vary
depending on the time of day that you place or receive
calls (for example, Nights and Weekend plans), you’re
charged for the entire call based on the rate that applies
to the time period in which the call starts. Call time for
a single call may be subject to a maximum duration
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General Terms and Conditions of Service
27
and may be automatically terminated if the 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 up to and billed to the next second. Time
begins when you press any button to start a pushto-talk call and ends approximately 6 seconds after
completion of a communication to which no participant
responds. Subsequent push-to-talk communications
are considered new calls. Charges apply for the entire
period of time the push-to-talk call is connected to
our network. Depending on your plan, nationwide,
international, or group push-to-talk calls may use
the local push-to-talk minutes in your plan and result
in additional or different charges. Responses to call
alert transmissions are treated as new push-to-talk
transmissions even when responding within 6 seconds
of receiving the alert. Push-to-talk billing methods are
subject to change as we introduce new push-to-talk
Services.
Data Usage: Unless we specifically tell you otherwise,
data usage is measured in bytes, kilobytes, megabytes,
and gigabytes—not in minutes/time. 1024 bytes equals
1 kilobyte (“KB”), 1024 KB equals 1 megabyte, and 1024
megabytes equals 1 gigabyte. Bytes are rounded up
to KB, so you will be charged at least 1 KB for each data
usage session (“data session”). Rounding occurs at the
end of each data session, and sometimes during a data
session. Depending on your data Services, usage may
be charged against an allowance or on a fixed price per
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General Terms and Conditions of Service
v.7-1-13
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
v.7-1-13
General Terms and Conditions of Service
29
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 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.
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Surcharges
You agree to pay all Sprint surcharges (“Surcharges”),
which may include, but are not limited to: Federal
Universal Service; Regulatory and Administrative
charges; gross receipts charges, and other charges.
Surcharges are not taxes, and we are not required
by law to assess them. They are part of our rates we
choose, at our discretion, to collect from you, to recover
certain costs and are kept by us. The number and type
of Surcharges will be provided on your invoice and may
vary depending upon the location of the billing address
of the Device and can change over time. We determine
the amount for these charges, and these amounts are
subject to change, as are the components used to
calculate these amounts. We will provide you notice of
any changes to Surcharges in a manner consistent with
this Agreement (see “Providing Notice To Each Other
Under The Agreement” section). However, because
some Surcharges are based on amounts set by the
government or based on government formulas, it will
not always be possible to provide advance notice of
new Surcharges or changes in the amount of existing
Surcharges. Information on Surcharges is provided
during the sales transaction and is available on our
website.
Disputing Charges - You Must Still Pay
Undisputed Charges
Any dispute to a charge on your bill must be made within
60 days of the date of the bill that initially contained the
charge. Disputes can only be made by calling or writing
us as directed on your invoice or elsewhere. You accept
all charges not properly disputed within the above time
period—undisputed charges must still be paid as stated on
your bill.
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General Terms and Conditions of Service
31
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 usagefor example, message filtering/blocking software to
prevent spam or viruses; limiting throughput; limiting
access to certain websites, applications, or other Data
Content; prohibitions on unintended uses (for example,
use as a dedicated line, or use as a monitoring service),
etc. For additional information on what we do to protect
our customers, networks, Services, and equipment, see
our Acceptable Use Policy and Visitors Agreement at our
website.
Your Privacy
Our Privacy Policy is available on our website. To review
the policy, visit sprint.com/legal/privacy.html. This policy
may change from time to time, so review it with
regularity and care.
Call Monitoring: To ensure the quality of our Services
and for other lawful purposes, we may monitor or record
calls you make to us or we make to you (for 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.
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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 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. Be sure that you
have reviewed and are comfortable with the third party’s
policies before using its application on your device.
Information on Devices: Your Device may contain
sensitive or personal information (for example, pictures,
videos, passwords, or stored credit card numbers). Sprint
is not responsible for any information on your
v.7-1-13
General Terms and Conditions of Service
31
Device, including sensitive or personal information. If
possible, you should remove or otherwise safeguard
any sensitive or personal information when your Device
is out of your possession or control, for example when
you relinquish, exchange, return, or recycle your Device.
By submitting your Device to us, you agree that our
employees, contractors, or vendors may access all of
the information on your Device. If you exchange, return,
or recycle your Device through us, we typically attempt
to erase all data on your Device, but you must remove all
data from your Device before you provide it to us.
Location-Enabled Services
Our networks generally know the location of your
Device when it is outdoors and/or turned on. By using
various technologies to locate your Device, we can
provide enhanced emergency 911 services and optional
location-enabled services provided by us or a third
party. Network coverage or environmental factors (such
as structures, buildings, weather, geography, landscape,
and topography) can significantly impact the ability to
access your Device’s location information and use of
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.
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General Terms and Conditions of Service
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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 phone, 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.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or stolen
because you may be responsible for usage charges
before you notify us of the alleged loss or theft. A lost
or stolen Device does not reduce or remove your Term
Commitment. You will remain liable for any monthly
recurring charges associated with the Service on your
Device after you notify us of the alleged loss or theft.
You agree to cooperate if we choose to investigate the
matter (provide facts, sworn statements, etc.). We may
not waive any applicable Early Termination Fees if you
choose to terminate Services as a result of loss or theft
of your Device.
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35
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE,
WE MAKE NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT
ALLOWED BY LAW) ANY IMPLIED WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS
FOR A PARTICULAR PURPOSE CONCERNING YOUR
SERVICES (INCLUDING YOUR DEVICE AND ANY
SOFTWARE OR APPLICATIONS ON YOUR DEVICE). WE
DON’T PROMISE UNINTERRUPTED OR ERROR-FREE
SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE
WARRANTIES ON OUR BEHALF. SPRINT PROVIDES ALL
SOFTWARE AND APPLICATIONS ON AN “AS IS” BASIS
WITH ALL FAULTS, ERRORS, AND DEFECTS.
You Agree That We Are Not Responsible
For Certain Problems
You agree that neither we nor our parent, subsidiary,
or affiliate companies, nor our vendors, suppliers,
or licensors are responsible for any damages, delay,
interruption or other failure to perform resulting from:
(a) anything done or not done by someone else; (b)
providing or failing to provide Services, including,
but not limited to, deficiencies or problems with a
Device or network coverage (for example, dropped,
blocked, interrupted Services, etc.); (c) traffic or other
accidents, or any health-related claims relating to our
Services; (d) Data Content or information accessed
while using our Services; (e) an interruption or failure
in accessing or attempting to access emergency
services from a Device, including through 911, Enhanced
911 or otherwise; (f) interrupted, failed, or inaccurate
location information services; (g) information or
communication that is blocked by a spam filter; (h)
damage to your Device or any computer or equipment
connected to your Device, or damage to or loss of
any information stored on your Device, computer,
equipment, or Sprint storage space from your use of
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General Terms and Conditions of Service
v.7-1-13
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 That Our Liability Is Limited - No
Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR
MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY
HAVE AGAINST US IS LIMITED TO NO MORE THAN THE
PROPORTIONATE AMOUNT OF THE SERVICE CHARGES
ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL
DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT
OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE
SERVICES IN CONNECTION WITH A DEVICE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS,
OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
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General Terms and Conditions of Service
37
DISPUTE RESOLUTION AND
ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS
YOUR RIGHTS
In those rare instances where your concern is not
resolved to your satisfaction through calls to our
customer care, you and Sprint each agree to try to
resolve those disputes in good faith after you provide
written notice of the dispute as set forth below. If the
dispute is not resolved, you and Sprint agree that the
dispute will be resolved through individual binding
arbitration or small claims court, instead of courts of
general jurisdiction.
Mandatory Arbitration and Waiver of Class
Action
Instead of suing in court, you and Sprint agree
to arbitrate all Disputes (as defined below) on an
individual, non-representative, basis. You agree that,
by entering into this Agreement, you and Sprint are
waiving the right to a trial by jury or to participate in a
class action or representative action. This agreement
to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Instead
Disputes are decided by a neutral third-party
arbitrator in a more informal process than in court.
In arbitration, there is limited discovery and the
arbitrator’s decision is subject to limited review by
courts. However, just as a court would, the arbitrator
must honor the terms of the Agreement and can
award damages and relief, including any attorneys’
fees authorized by law.
“Disputes” shall include, but are not limited to, any
claims or controversies against each other related in
any way to or arising out of in any way our Services
or the Agreement, including, but not limited to,
coverage, Devices, billing services and practices,
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General Terms and Conditions of Service
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policies, contract practices (including enforceability),
service claims, privacy, or advertising, even if the
claim arises after Services have terminated. Disputes
also include, but are not limited to, claims that: (a) you
or an authorized or unauthorized user of the Services
or Devices bring against our employees, agents,
affiliates, or other representatives; (b) you bring
against a third party, such as a retailer or equipment
manufacturer, that are based on, relate to, or arise out
of in any way our Services or the Agreement; or (c)
that Sprint brings against you. Disputes also include,
but are not limited to, (i) claims in any way related
to or arising out of any aspect of the relationship
between you and Sprint, whether based in contract,
tort, statute, fraud, misrepresentation, advertising
claims or any other legal theory; (ii) claims that arose
before this Agreement or out of a prior Agreement
with Sprint; (iii) claims that are subject to on-going
litigation where you are not a party or class member;
and/or (iv) claims that arise after the termination of
this Agreement.
Dispute Notice and Dispute Resolution Period
Before initiating an arbitration or a small claims
matter, you and Sprint each agree to first provide to
the other a written notice (“Notice of Dispute”), which
shall contain: (a) a written description of the problem
and relevant documents and supporting information;
and (b) a statement of the specific relief sought. A
Notice of Dispute to Sprint should be sent to: General
Counsel; Arbitration Office; 12502 Sunrise Valley
Drive, Mailstop VARESA0202-2C682; Reston, Virginia
20191. Sprint will provide a Notice of Dispute to you in
accordance with the “Providing Notice To Each Other
Under The Agreement” section of this Agreement.
Sprint will assign a representative to work with you
and try to resolve your Dispute to your satisfaction.
You and Sprint agree to make attempts to resolve the
Dispute prior to commencing an arbitration or small
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39
claims action. If an agreement cannot be reached
within forty-five (45) days of receipt of the Notice of
Dispute, you or Sprint may commence an arbitration
proceeding or small claims action.
ArbitrationTerms,Process,RulesandProcedures
(1) Unless you and Sprint agree otherwise, the
arbitration will be conducted by a single, neutral
arbitrator and will take place in the county of the last
billing address of the Service. The arbitration will be
governed by either: (a) rules that we mutually agree
upon; or (b) the JAMS Comprehensive Arbitration
Rules & Procedures (the “JAMS Rules”), as modified
by this agreement to arbitrate, including the rules
about the filing, administration, discovery and
arbitrator fees. The JAMS rules are available on
its website at jamsadr.com. Notwithstanding any
JAMS Rule to the contrary or any other provision in
arbitration rules chosen, by agreement, to govern the
arbitration, we each agree that all issues regarding
the Dispute are delegated to the arbitrator to decide,
except that only a court (and not the arbitrator) shall
decide any disagreements regarding the scope and
enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act (“FAA”) applies to
this Agreement and arbitration provision. We
each agree that the FAA’s provisions—not state
law—govern all questions of whether a Dispute
is subject to arbitration. To the extent that this
agreement to arbitrate conflicts with the JAMS
Policy on Consumer Arbitrations Pursuant to PreDispute Clauses Minimum Standards for Procedural
Fairness (the “Minimum Standards”), the Minimum
Standards in that regard will apply. However, nothing
in this paragraph will require or allow you or Sprint
to arbitrate on a class-wide, representative or
consolidated basis.
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(3) The arbitrator may award declaratory or injunctive
relief only in favor of the individual party seeking
relief and only to the extent necessary to provide
relief warranted by that party’s individual claim.
YOU AND SPRINT AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL
CAPACITY, AND NOT AS A CLASS MEMBER IN ANY
PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Sprint expressly agree
otherwise, the arbitrator may not consolidate more
than one person’s claims, and may not otherwise
preside over any form of a representative or class
proceeding. If any portion of this provision is found to
be unenforceable, then the entirety of this arbitration
provision shall be null and void.
(4) We each are responsible for our respective
costs, including our respective counsel, experts,
and witnesses. Sprint will pay for any filing or case
management fees associated with the arbitration and
the professional fees for the arbitrator’s services.
(5) An arbitrator’s award will be a written statement
of the disposition of each claim and will also provide a
concise written statement of the essential findings
and conclusions which form the basis of the award.
The arbitrator’s decision and award is final and
binding, with some limited court review under the
FAA, and judgment on the award may be entered in
any court with jurisdiction.
(6) As an alternative to arbitration, we may resolve
Disputes in small claims court in the county of
your most recent billing address. In addition, this
arbitration agreement does not prevent you from
bringing your Dispute to the attention of any federal,
state, or local government agency. Such agencies
can, if the law allows, seek relief against Sprint on
your behalf.
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41
No Trial By Jury and No Class Action
IF FOR ANY REASON A CLAIM ARISING OUT OF OR
RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS
IN COURT RATHER THAN IN ARBITRATION, REGARDLESS
OF WHETHER THE CLAIM IS AN ACTION, COUTERCLAIM
OR ANY OTHER COURT PROCEEDING, WE EACH AGREE
THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL
NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH
UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY
JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES
ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM
WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR
ASSERT A CLAIM IN A REPRESENTATIVE CAPACTITY ON
BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
Indemnification
You agree to indemnify, defend, and hold Sprint and
our subsidiaries, affiliates, parent companies, vendors,
suppliers, and licensors harmless from any claims
arising out of or relating to your actions, 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.
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,
General Terms and Conditions of Service
Contacting You Regarding Billing and
Collections
You expressly authorize, and specifically consent to
allowing Sprint and any of Sprint’s agents to contact
you in connection with any and all matters relating to
unpaid past due charges you owe Sprint. You agree that,
for attempts to collect unpaid past due charges, Sprint
and any of its agents may contact you at any mailing
address, telephone number, cellular phone number,
email address, or any other electronic address that you
have provided, or may in the future provide, to Sprint.
You agree and acknowledge that any email address
or any other electronic address that you provide to
Sprint is your private address and is not accessible to
unauthorized third parties. For attempts to collect
unpaid charges, you agree that in addition to individual
persons attempting to communicate directly with you,
any type of contact described above may be made
using, among other methods, pre-recorded or artificial
voice messages delivered by an automatic telephone
dialing system, pre-set email messages delivered by
an automatic emailing system, or any other pre-set
electronic messages delivered by any other automatic
electronic messaging system.
Other Important Terms
Providing Notice To Each Other Under
The Agreement
41
to any fax number or email address you’ve provided
us, by calling you on your Device or any other phone
number you’ve provided us, by voice message on your
Device or any other phone number you’ve provided us,
or by text message on your Device.
v.7-1-13
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
v.7-1-13
General Terms and Conditions of Service
41
to later enforce that requirement. Except as the
Agreement specifically provides otherwise, if any part
of the Agreement is held invalid or unenforceable, the
rest of this Agreement remains in full force and effect.
This Agreement isn’t for the benefit of any third party
except our corporate parents, affiliates, subsidiaries,
agents, and predecessors and successors in interest.
You can’t assign the Agreement or any of your rights or
duties under it, unless we agree to the assignment. We
can assign the Agreement without notice. You cannot
in any manner resell 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.
[Page intentionally left blank.]
[End General Terms and Conditions of Service]
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45
Important Message from Sprint
Important Information about this device’s “open”
architecture. This device is an “open” device. What
that means is that you are free to use it to access the
Internet as you see fit. You may go to websites you
like and you may download or use applications or
software that you choose.
Please take care to visit only trusted websites and
download applications only from trusted entities.
Sprint has no control over websites you visit or
applications and software you download, and
Sprint’s policies do not apply to those websites,
applications or software. The websites you visit may
place “cookies” or other files on your device when
you visit them. Downloaded applications or software
may access, use or share information on your device,
like your contacts or your location.
[Page intentionally left blank.]
Although Sprint is excited to allow our customers
to make their own choices about the Internet sites
you wish to visit or the applications or software
you’d like to use, we do want to remind you that
Sprint is not able to help you troubleshoot issues
connected with your use of non-Sprint applications
or software (such as the ones you may select and
download to your device). Sprint also will not be able
to provide you credits for applications or software
that you download from sources other than Sprint.
And, Sprint is not liable for the websites you visit or
anything you download or cause to be downloaded
to your device. Damage related to websites visited
or downloads to your device may not be covered
by Sprint’s Service and Repair policy, or your device
insurance policy. For more information about Sprint’s
policies, products or services, please visit us at
sprint.com.
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46
46
Important Message
Important Message
General Terms and Conditions of Service
v.7-1-13
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47
45
HDNKJ002010 3A
©2015 Sprint. Sprint and the logo are trademarks of Sprint.
Other marks are the property of their respective owners.
47
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