Samsung Electronics Co SMT217S Portable Tablet PC with Multi-band CDMA, LTE, WLAN and Bluetooth User Manual Sprint LT02 UM ME2 062013 D1

Samsung Electronics Co Ltd Portable Tablet PC with Multi-band CDMA, LTE, WLAN and Bluetooth Sprint LT02 UM ME2 062013 D1

Contents

Safety Guide Manual

Important Information for the
Galaxy Tab® 3
Important Safety Information page 6
Manufacturer’s Warranty page 42
General Terms and Conditions of Service page 67
Important Message From Sprint – page 111
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2
Intellectual Property
All Intellectual Property, as defined below,
owned by or which is otherwise the property of
Samsung or its respective suppliers relating to
the SAMSUNG Galaxy Tab, including but not
limited to, accessories, parts, or software relating
there to (the “Galaxy Tab System”), is
proprietary to Samsung and protected under
federal laws, state laws, and international treaty
provisions. Intellectual Property includes, but is
not limited to, inventions (patentable or
unpatentable), patents, trade secrets, copyrights,
software, computer programs, and related
documentation and other works of authorship.
You may not infringe or otherwise violate the
rights secured by the Intellectual Property.
Moreover, you agree that you will not (and will
not attempt to) modify, prepare derivative works
of, reverse engineer, decompile, disassemble,
or otherwise attempt to create source code from
the software. No title to or ownership in the
Intellectual Property is transferred to you. All
applicable rights of the Intellectual Property shall
remain with SAMSUNG and its suppliers.
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3
Open Source Software
Some software components of this product
incorporate source code covered under GNU
General Public License (GPL), GNU Lesser
General Public License (LGPL), OpenSSL
License, BSD License and other open source
licenses. To obtain the source code covered
under the open source licenses, please visit:
http://opensource.samsung.com.
Disclaimer of Warranties; Exclusion of
Liability
EXCEPT AS SET FORTH IN THE EXPRESS
WARRANTY CONTAINED ON THE
WARRANTY PAGE ENCLOSED WITH THE
PRODUCT, THE PURCHASER TAKES THE
PRODUCT "AS IS", AND SAMSUNG 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
PRODUCT; THE PERFORMANCE OF THE
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4
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 MANUAL
SHALL BE CONSTRUED TO CREATE AN
EXPRESS OR IMPLIED WARRANTY OF ANY
KIND WHATSOEVER WITH RESPECT TO THE
PRODUCT. IN ADDITION, SAMSUNG SHALL
NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND RESULTING FROM THE PURCHASE OR
USE OF THE PRODUCT OR ARISING FROM
THE BREACH OF THE EXPRESS WARRANTY,
INCLUDING INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR LOSS OF
ANTICIPATED PROFITS OR BENEFITS.
Modification of Software
SAMSUNG IS NOT LIABLE FOR
PERFORMANCE ISSUES OR
INCOMPATIBILITIES CAUSED BY YOUR
EDITING OF REGISTRY SETTINGS, OR YOUR
MODIFICATION OF OPERATING SYSTEM
SOFTWARE.
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.
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5
Samsung Telecommunications America
(STA), LLC
©2013 Samsung Telecommunications
America, LLC. Samsung is a registered
trademark of Samsung Electronics Co., Ltd.
Do you have questions about your Samsung
Mobile Device?
For 24 hour information and assistance, we
offer a new FAQ/ARS System (Automated
Response System) at:
www.samsung.com/us/support
Headquarters:
1301 E. Lookout Drive
Richardson, TX 75082
Customer Care Center:
1000 Klein Rd.
Plano, TX 75074
Toll Free Tel: 1.888.987.HELP (4357)
Internet Address:
http://www.samsung.com
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6 Important Safety Information
This device is capable of operating in Wi-Fi
mode in the 2.4 and 5 GHz bands. The FCC
requires that devices operating within 5.15-
5.25 GHz may only be used indoors, not
outside, in order to avoid interference with
Mobile Satellite Services (MSS). Therefore, this
device is restricted from being used outdoors
when operating in frequencies between 5.15-
5.25 GHz.
This section outlines the safety precautions
associated with using your Galaxy Tab. The
terms “GALAXY” or “mobile device” are used in
this section to refer to your Galaxy Tab. Read
this information before using your mobile
device.
Exposure to Radio Frequency (RF) Signals
Although GALAXY is not a cell phone, it can
operate on the same network as cell phones
and can use the same Radio Frequency (RF)
signals to communicate with the network as a
cell phone. Therefore, although the following
information refers specifically to RF exposure
from wireless phones, it may apply similarly to
Important Safety
Information
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Important Safety Information 7
GALAXY when it is being used on a cell phone
network.
The U.S. Food and Drug Administration (FDA)
has published information for consumers
relating to Radio Frequency (RF) exposure from
wireless phones. The FDA publication includes
the following information:
Do cell phones pose a health hazard?
Many people are concerned that cell phone
radiation will cause cancer or other serious
health hazards. The weight of scientific
evidence has not linked cell phones with any
health problems.
Cell phones emit low levels of Radio Frequency
(RF) energy. Over the past 15 years, scientists
have conducted hundreds of studies looking at
the biological effects of the radio frequency
energy emitted by cell phones. While some
researchers have reported biological changes
associated with RF energy, these studies have
failed to be replicated. The majority of studies
published have failed to show an association
between exposure to radio frequency from a
cell phone and health problems.
The low levels of RF cell phones emit while in
use are in the microwave frequency range. They
also emit RF at substantially reduced time
intervals when in the stand-by mode. Whereas
high levels of RF can produce health effects (by
heating tissue), exposure to low level RF that
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8 Important Safety Information
does not produce heating effects causes no
known adverse health effects.
The biological effects of radio frequency energy
should not be confused with the effects from
other types of electromagnetic energy.
Very high levels of electromagnetic energy,
such as is found in X-rays and gamma rays,
can ionize biological tissues. Ionization is a
process where electrons are stripped away from
their normal locations in atoms and molecules.
It can permanently damage biological tissues
including DNA, the genetic material.
The energy levels associated with radio
frequency energy, including both radio waves
and microwaves, are not great enough to cause
ionization of atoms and molecules. Therefore,
RF energy is a type of non-ionizing radiation.
Other types of non-ionizing radiation include
visible light, infrared radiation (heat), and other
forms of electromagnetic radiation with relatively
low frequencies.
While RF energy does not ionize particles, large
amounts can increase body temperatures and
cause tissue damage. Two areas of the body,
the eyes and the testes, are particularly
vulnerable to RF heating because there is
relatively little blood flow in them to carry away
excess heat.
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Important Safety Information 9
Research Results to Date: Is there a connection
between RF and certain health problems?
The results of most studies conducted to date
say no. In addition, attempts to replicate and
confirm the few studies that have shown a
connection have failed.
The scientific community at large therefore
believes that the weight of scientific evidence
does not show an association between
exposure to Radio Frequency (RF) from cell
phones and adverse health outcomes. Still the
scientific community has supported additional
research to address gaps in knowledge. Some
of these studies are described below.
Interphone Study
Interphone is a large international study
designed to determine whether cell phones
increase the risk of head and neck cancer. A
report published in the International Journal of
Epidemiology (June, 2010) compared cell
phone usage for more than 5,000 people with
brain tumors (glioma and meningioma) and a
similar number of healthy controls.
Results of this study did NOT show that cell
phones caused brain cancer. In this study, most
people had no increased risk of brain cancer
from using cell phones. For people with the
heaviest use of cell phones (an average of
more than ½ hour per day, every day, for over
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10 Important Safety Information
10 years) the study suggested a slight increase
in brain cancer. However, the authors
determined that biases and errors prevented
any conclusions being drawn from this data.
Additional information about Interphone can be
found at
http://www.iarc.fr/en/media-centre/pr/2010/pdfs/
pr200_E.pdf.
Interphone is the largest cell phone study to
date, but it did not answer all questions about
cell phone safety. Additional research is being
conducted around the world, and the FDA
continues to monitor developments in this field.
International Cohort Study on Mobile Phone Users
(COSMOS)
The COSMOS study aims to conduct long-term
health monitoring of a large group of people to
determine if there are any health issues linked
to long-term exposure to radio frequency
energy from cell phone use. The COSMOS
study will follow approximately 300,000 adult
cell phone users in Europe for 20 to 30 years.
Additional information about the COSMOS
study can be found at
http://www.ukcosmos.org/index.html.
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Important Safety Information 11
Risk of Brain Cancer from Exposure to Radio
Frequency Fields in Childhood and Adolescence
(MOBI-KIDS)
MOBI-KIDS is an international study
investigating the relationship between exposure
to radio frequency energy from communication
technologies including cell phones and brain
cancer in young people. This is an international
multi-center study involving 14 European and
non-European countries. Additional information
about MOBI-KIDS can be found at
http://www.creal.cat/programes-recerca/
en_projectes-creal/view.php?ID=39.
Surveillance, Epidemiology, and End Results (SEER)
Program of the National Cancer Institute
The National Cancer Institute (NCI) actively
follows cancer statistics in the United States to
detect any change in rates of new cases for
brain cancer. If cell phones play a role in risk for
brain cancer, rates should go up, because
heavy cell phone use has been common for
quite some time in the U.S. Between 1987 and
2005, the overall age-adjusted incidence of
brain cancer did not increase. Additional
information about SEER can be found at
http://seer.cancer.gov/.
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12 Important Safety Information
Cell Phone Industry Actions
Although the existing scientific data do not
justify FDA regulatory actions, the FDA has
urged the cell phone industry to take a number
of steps, including the following:
Support-needed research on possible
biological effects of RF for the type of signal
emitted by cell phones;
Design cell phones in a way that minimizes
any RF exposure to the user; and
Cooperate in providing users of cell phones
with the current information on cell phone
use and human health concerns.
The FDA also is working with voluntary
standard-setting bodies such as the Institute of
Electrical and Electronics Engineers (IEEE), the
International Commission on Non-Ionizing
Radiation Protection (ICNIRP), and others to
assure that safety standards continue to
adequately protect the public.
Reducing Exposure: Hands-Free Kits and
Other Accessories
Steps to Reduce Exposure to Radio Frequency
Energy
If there is a risk from being exposed to radio
frequency energy (RF) from cell phones - and
at this point we do not know that there is - it is
probably very small. But, if you are concerned
about avoiding even potential risks, you can
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Important Safety Information 13
take a few simple steps to minimize your RF
exposure.
Reduce the amount of time spent using your
cell phone;
Use speaker mode or a headset to place
more distance between your head and the
cell phone.
Hands-Free Kits
Hands-free kits may include audio or
Bluetooth® headsets and various types of
body-worn accessories such as belt-clips and
holsters. Combinations of these can be used to
reduce RF energy absorption from cell phones.
Headsets can substantially reduce exposure
because the phone is held away from the head
in the user's hand or in approved body-worn
accessories. Cell phones marketed in the U.S.
are required to meet RF exposure compliance
requirements when used against the head and
against the body.
Because there are no known risks from
exposure to RF emissions from cell phones,
there is no reason to believe that hands-free kits
reduce risks. Hands-free kits can be used for
convenience and comfort. They are also
required by law in many states if you want to
use your phone while driving.
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14 Important Safety Information
Cell Phone Accessories that Claim to Shield the Head
from RF Radiation
Because there are no known risks from
exposure to RF emissions from cell phones,
there is no reason to believe that accessories
which claim to shield the head from those
emissions reduce risks. Some products that
claim to shield the user from RF absorption use
special phone cases, while others involve
nothing more than a metallic accessory
attached to the phone. Studies have shown that
these products generally do not work as
advertised. Unlike “hands-free” kits, these
so-called “shields” may interfere with proper
operation of the phone. The phone may be
forced to boost its power to compensate,
leading to an increase in RF absorption.
Children and Cell Phones
The scientific evidence does not show a danger
to any users of cell phones from RF exposure,
including children and teenagers. The steps
adults can take to reduce RF exposure apply to
children and teenagers as well.
Reduce the amount of time spent on the cell
phone;
Use speaker mode or a headset to place
more distance between the head and the cell
phone.
Some groups sponsored by other national
governments have advised that children be
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Important Safety Information 15
discouraged from using cell phones at all. For
example, The Stewart Report from the United
Kingdom made such a recommendation in
December 2000. In this report, a group of
independent experts noted that no evidence
exists that using a cell phone causes brain
tumors or other ill effects. Their
recommendation to limit cell phone use by
children was strictly precautionary; it was not
based on scientific evidence that any health
hazard exists.
Additional information on the safety of RF
exposures from various sources can be
obtained from the following organizations
(updated 10/1/2010):
FCC RF Safety Program:
http://www.fcc.gov/oet/rfsafety/.
Environmental Protection Agency (EPA):
http://www.epa.gov/radtown/wireless-
tech.html.
Occupational Safety and Health
Administration (OSHA):
http://www.osha.gov/SLTC/
radiofrequencyradiation/.
(Note: This web address is case sensitive.)
National Institute for Occupational Safety and
Health (NIOSH):
http://www.cdc.gov/niosh/.
World Health Organization (WHO):
http://www.who.int/peh-emf/en/.
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16 Important Safety Information
International Commission on Non-Ionizing
Radiation Protection:
http://www.icnirp.de.
Health Protection Agency:
http://www.hpa.org.uk/Topics/Radiation/.
US Food and Drug Administration:
http://www.fda.gov/Radiation-
EmittingProducts/
RadiationEmittingProductsandProcedures/
HomeBusinessandEntertainment/CellPhones/
default.htm.
Specific Absorption Rate (SAR)
Certification Information
Your wireless mobile device is a radio
transmitter and receiver. It is designed and
manufactured not to exceed the exposure limits
for Radio Frequency (RF) energy set by the
Federal Communications Commission (FCC)
of the U.S. Government.
These FCC RF exposure limits are derived from
the recommendations of two expert
organizations: the National Council on
Radiation Protection and Measurement (NCRP)
and the Institute of Electrical and Electronics
Engineers (IEEE). In both cases, the
recommendations were developed by scientific
and engineering experts drawn from industry,
government, and academia after extensive
reviews of the scientific literature related to the
biological effects of RF energy.
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Important Safety Information 17
The RF exposure limit set by the FCC for
wireless mobile devices employs a unit of
measurement known as the Specific
Absorption Rate (SAR). The SAR is a measure
of the rate of absorption of RF energy by the
human body expressed in units of watts per
kilogram (W/kg). The FCC requires wireless
devices to comply with a safety limit of 1.6 watts
per kilogram (1.6 W/kg).
The FCC SAR limit incorporates a substantial
margin of safety to give additional protection to
the public and to account for any variations in
measurements.
SAR tests are conducted using standard
operating positions accepted by the FCC with
the mobile device transmitting at its highest
certified power level in all tested frequency
bands. Although the SAR is determined at the
highest certified power level, the actual SAR
level of the mobile device while operating can
be well below the maximum reported value.
This is because the mobile device is designed
to operate at multiple power levels so as to use
only the power required to reach the network. In
general, the closer you are to a wireless base
station antenna, the lower the power output of
the mobile device.
Before a new model mobile device is available
for sale to the public, it must be tested and
certified to the FCC that it does not exceed the
SAR limit established by the FCC. Tests for each
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18 Important Safety Information
model mobile device are performed in
positions and locations (e.g. near the body) as
required by the FCC.
For typical operations, this mobile device has
been tested and meets FCC SAR guidelines.
Use of other accessories may not ensure
compliance with FCC RF exposure guidelines.
The FCC has granted an Equipment
Authorization for this mobile device with all
reported SAR levels evaluated as in compliance
with the FCC RF exposure guidelines. The
maximum SAR value for this model device as
reported to the FCC is:
Body (Simultaneous): 1.50 W/kg
The SAR information for this device can also be
found on Samsung’s website:
http://www.samsung.com/sar.
SAR information on this and other model
mobile devices can be accessed online on the
FCC's website through http://transition.fcc.gov/
oet/rfsafety/sar.html. To find information that
pertains to a particular model mobile device,
this site uses the mobile device FCC ID
number, which is usually printed somewhere
on the case of the mobile device.
Once you have the FCC ID number for a
particular mobile device, follow the instructions
on the website and it should provide values for
typical or maximum SAR for a particular mobile
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Important Safety Information 19
device. Additional SAR information can also be
obtained at
http://www.fcc.gov/encyclopedia/specific-
absorption-rate-sar-cellular-telephones.
FCC Part 15 Information to User
Pursuant to part 15.21 of the FCC Rules, you are
cautioned that changes or modifications not
expressly approved by Samsung could void
your authority to operate the device.
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.
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
equipment generates, uses and can radiate
radio frequency energy and, if not installed and
used in accordance with the instructions, may
cause harmful interference to radio
communications. However, there is no
guarantee that interference will not occur in a
particular installation. If this equipment does
cause harmful interference to radio or television
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20 Important Safety Information
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 or relocate the receiving 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.
Smart Practices While Driving
On the Road - Off the Tablet
The primary responsibility of every driver is the
safe operation of his or her vehicle.
Responsible drivers understand that no
secondary task should be performed while
driving whether it be eating, drinking, talking to
passengers, or using a mobile device - unless
the driver has assessed the driving conditions
and is confident that the secondary task will not
interfere with their primary responsibility. Do not
engage in any activity while driving a
moving vehicle which may cause you to
take your eyes off the road or become so
absorbed in the activity that your ability to
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Important Safety Information 21
concentrate on the act of driving
becomes impaired. Samsung is committed
to promoting responsible driving and giving
drivers the tools they need to understand and
address distractions.
Check the laws and regulations on the
use of mobile devices and their
accessories in the areas where you drive.
Always obey them. The use of these
devices may be prohibited or restricted in
certain areas. For example, only
hands-free use may be permitted in
certain areas.
Before using your device to chat with friends,
consider your circumstances. Let the chat wait
when driving conditions require. Remember,
driving comes first, nothing else!
If you consider a chat necessary and
appropriate, follow these tips:
Use a hands-free device;
Secure your mobile device within easy reach;
Chat when you are not moving;
Plan chats when your car will be stationary;
Do not engage in stressful or emotional
conversations;
Let the person with whom you are speaking
know that you are driving and will suspend
the chat if necessary;
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22 Important Safety Information
Do not take notes or look up information
while driving;
Notice regarding legal restrictions on mounting
this device in an automobile:
Laws in some states may prohibit mounting this
device on or near the windshield of an
automobile. In other states, the law may permit
mounting this device only in specific locations
in the automobile. Be sure to consult the state
and local laws or ordinances where you drive
before mounting this device in an automobile.
Failure to comply with these restrictions could
result in fines, penalties, or other damages.
Never mount this device in a manner that will
obstruct the driver’s clear view of the street and
traffic.
Never use wireless data services such as
Web browsing or e-mail while operating a
vehicle.
Never watch videos, such as a movie or
clip, or play video games while operating
a vehicle.
For more information, go to http://www.ctia.org.
Battery Use and Safety
The battery in GALAXY is not intended to be
replaced by the consumer. If you believe the
battery is damaged or needs to be replaced,
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Important Safety Information 23
take the GALAXY to a service center for
inspection and replacement.
Do not let the GALAXY or battery come
in contact with liquids. Liquids can get into
the GALAXY’s circuits, leading to corrosion.
Even when the GALAXY appears to be dry
and appears to operate normally, the circuitry
could slowly corrode and pose a safety
hazard. If the GALAXY and/or battery get wet,
have them checked by your service provider
or contact Samsung, even if they appear to
be working properly.
Do not place your battery in or near a
heat source. Excessive heating can
damage the GALAXY or the battery and
could cause the GALAXY or the battery to
explode. Do not dry a wet or damp battery
with an appliance or heat source such as a
microwave oven, hair dryer, iron, or radiator.
Avoid leaving your GALAXY in your car in
high temperatures.
Do not dispose of the GALAXY or the
battery in a fire. The GALAXY or the battery
may explode when overheated.
Avoid dropping the GALAXY. Dropping
the GALAXY, especially on a hard surface,
can potentially cause damage to the
GALAXY. If you suspect damage to the
GALAXY or battery, take it to a service center
for inspection.
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24 Important Safety Information
Never use any charger or battery that is
damaged in any way.
Important! Use only Samsung-approved
batteries, and recharge your battery
only with Samsung-approved
chargers which are specifically
designed for your GALAXY.
WARNING!
Use of a non-Samsung-approved battery
or charger may present a risk of fire,
explosion, leakage, or other hazard.
Samsung's warranty does not cover damage to
the GALAXY caused by
non-Samsung-approved batteries and/or
chargers.
Do not use incompatible batteries and
chargers. Some websites and second-hand
dealers not associated with reputable
manufacturers and carriers, might be selling
incompatible or even counterfeit batteries
and chargers. Consumers should purchase
manufacturer or carrier-recommended
products and accessories. If unsure about
whether a replacement battery or charger is
compatible, contact the manufacturer of the
battery or charger.
Misuse or use of incompatible batteries and
charging devices could result in damage to the
equipment and a possible risk of fire,
explosion, or leakage, leading to serious
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Important Safety Information 25
injuries, damages to your phone, or other
serious hazard
.
Samsung Mobile Products and Recycling
Samsung cares for the environment and
encourages its customers to recycle Samsung
mobile devices and genuine Samsung
accessories.
Proper disposal of your mobile device and its
battery is not only important for safety, it benefits
the environment. Batteries must be recycled or
disposed of properly.
For more information about recycling your
GALAXY, go to:
http://mobile.samsungusa.com/recycling/
index.jsp or call
1-800-822-8837 for more information.
To find the nearest recycling location, go to:
www.samsung.com/recyclingdirect or call
1-877-278-0799.
Warning! Never dispose of batteries in a fire
because they may explode.
UL Certified Travel Charger
The Travel Charger for this mobile device has
met applicable UL safety requirements. Please
adhere to the following safety instructions per
UL guidelines:
FAILURE TO FOLLOW THE
INSTRUCTIONS OUTLINED MAY LEAD TO
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26 Important Safety Information
SERIOUS PERSONAL INJURY AND
POSSIBLE PROPERTY DAMAGE.
IMPORTANT SAFETY INSTRUCTIONS -
SAVE THESE INSTRUCTIONS.
DANGER - TO REDUCE THE
RISK OF FIRE OR ELECTRIC
SHOCK, CAREFULLY FOLLOW
THESE INSTRUCTIONS.
FOR CONNECTION TO A
SUPPLY NOT IN NORTH
AMERICA, USE AN
ATTACHMENT PLUG ADAPTOR
OF THE PROPER
CONFIGURATION FOR THE
POWER OUTLET.
THIS POWER UNIT IS INTENDED
TO BE CORRECTLY ORIENTED
IN A VERTICAL OR HORIZONTAL
OR FLOOR MOUNT POSITION.
Display / Touch-Screen
Please note the following information when
using your mobile device:
WARNING REGARDING DISPLAY
The display on your mobile device is made
of glass or acrylic and could break if your
mobile device is dropped or if it receives
significant impact. Do not use if screen is
broken or cracked as this could cause injury
to you.
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Important Safety Information 27
WARRANTY DISCLAIMER: PROPER USE
OF A TOUCH-SCREEN MOBILE DEVICE
If your mobile device has a touch-screen
display, please note that a touch-screen
responds best to a light touch from the pad
of your finger or a non-metallic stylus. Using
excessive force or a metallic object when
pressing on the touch-screen may damage
the tempered glass surface and void the
warranty. For more information, please refer
to the “Standard Limited Warranty”.
GPS
GALAXY can use a Global Positioning System
(GPS) signal for location-based applications. A
GPS uses satellites controlled by the U.S.
Government that are subject to changes
implemented in accordance with the
Department of Defense policy and the 2008
Federal Radio navigation Plan (FRP). Changes
may affect the performance of location-based
technology on your mobile device.
Your Location
Location-based information includes
information that can be used to determine the
approximate location of a mobile device. Mobile
devices which are connected to a wireless
network transmit location-based information.
Additionally, if you use applications that require
location-based information (e.g. driving
directions), such applications transmit
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28 Important Safety Information
location-based information. The location-based
information may be shared with third-parties,
including your wireless service provider,
applications providers, Samsung, and other
third-parties providing services.
Navigation
Maps, directions, and other navigation-data,
including data relating to your current location,
may contain inaccurate or incomplete data, and
circumstances can and do change over time. In
some areas, complete information may not be
available. Therefore, you should always
visually confirm that the navigational
instructions are consistent with what you
see before following them. All users should
pay attention to road conditions, closures,
traffic, and all other factors that may impact
safe driving or walking. Always obey posted
road signs.
Emergency Communication
GALAXY should not be relied upon for essential
communications (medical emergencies, calls
to 911, or communications to emergency
services). GALAXY is not designed or intended
to be used for such communications. Voice
Over Internet Protocol (VOIP) services which
may be used on GALAXY to make phone calls
do not support 911 calls and are only intended
for talking with friends.
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Important Safety Information 29
Care and Maintenance
Your mobile device is a product of superior
design and craftsmanship and should be
treated with care. The suggestions below will
help you fulfill any warranty obligations and
allow you to enjoy this product for many years:
Keep your Samsung Mobile Device away
from:
Liquids of any kind
Keep the mobile device dry. Precipitation,
humidity, and liquids contain minerals that
will corrode electronic circuits.
If the mobile device does get wet, do not
accelerate drying with the use of an oven,
microwave, or dryer, because this may
damage the mobile device and could
cause a fire or explosion. Do not use the
mobile device with a wet hand. Doing so
may cause an electric shock to you or
damage to the mobile device.
Extreme heat or cold
Avoid temperatures below 0°C / 32°F or
above 45°C / 113°F.
Microwaves
Do not try to dry your mobile device in a
microwave oven. Doing so may cause a
fire or explosion.
Dust and Dirt
Do not expose your mobile device to dust,
dirt, or sand.
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30 Important Safety Information
Cleaning solutions
Do not use harsh chemicals, cleaning
solvents, or strong detergents to clean the
mobile device. Wipe it with a soft cloth
slightly dampened in a mild
soap-and-water solution.
Shock or vibration
Do not drop, knock, or shake the mobile
device. Rough handling can break internal
circuit boards.
Paint
Do not paint the mobile device. Paint can
clog the device’s moving parts or
ventilation openings and prevent proper
operation.
Responsible Listening
Caution! Avoid potential hearing loss.
Damage to hearing occurs when a person is
exposed to loud sounds over time. The risk of
hearing loss increases as sound is played
louder and for longer durations.
Prolonged exposure to loud sounds (including
music) is the most common cause of
preventable hearing loss. Some scientific
research suggests that using portable audio
devices, such as portable music players and
cell phones, at high volume settings for long
durations may lead to permanent
noise-induced hearing loss. This includes the
use of headphones (including headsets,
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Important Safety Information 31
earbuds, and Bluetooth® or other wireless
devices).
Exposure to very loud sound has also been
associated in some studies with tinnitus (a
ringing in the ear), hypersensitivity to sound,
and distorted hearing. Individual susceptibility to
noise-induced hearing loss and potential
hearing problem varies. Additionally, the
amount of sound produced by a portable audio
device varies depending on the nature of the
sound, the device settings, and the
headphones that are used. As a result, there is
no single volume setting that is appropriate for
everyone or for every combination of sound,
settings, and equipment.
You should follow some common sense
recommendations when using any portable
audio device:
Always turn the volume down before
plugging the earphones into an audio
source.
Set the volume in a quiet environment and
select the lowest volume at which you can
hear adequately.
Be aware that you can adapt to higher
volume settings over time, not realizing that
the higher volume may be harmful to your
hearing.
When using headphones, turn the volume
down if you cannot hear the people speaking
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32 Important Safety Information
near you or if the person sitting next to you
can hear what you are listening to.
Do not turn the volume up to block out noisy
surroundings. If you choose to listen to your
portable device in a noisy environment, use
noise-cancelling headphones to block out
background environmental noise. By
blocking background environment noise,
noise cancelling headphones should allow
you to hear the music at lower volumes than
when using earbuds.
Limit the amount of time you listen. As the
volume increases, less time is required before
you hearing could be affected.
Avoid using headphones after exposure to
extremely loud noises, such as rock concerts,
that might cause temporary hearing loss.
Temporary hearing loss might cause unsafe
volumes to sound normal.
Do not listen at any volume that causes you
discomfort. If you experience ringing in your
ears, hear muffled speech, or experience any
temporary hearing difficulty after listening to
your portable audio device, discontinue use
and consult your doctor.
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Important Safety Information 33
You can obtain additional information on this
subject from the following sources:
American Academy of Audiology
11730 Plaza American Drive, Suite 300
Reston, VA 20190
Voice: (800) 222-2336
Email: info@audiology.org
Internet:
http://www.audiology.org/Pages/
default.aspx
National Institute on Deafness and
Other Communication Disorders
National Institutes of Health
31 Center Drive, MSC 2320
Bethesda, MD 20892-2320
Email: nidcdinfo@nih.gov
Internet:
http://www.nidcd.nih.gov/
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34 Important Safety Information
Operating Environment
Remember to follow any special regulations in
force in any area, and always switch your
mobile device off whenever it is forbidden to
use it, or when it may cause interference or
danger. When connecting the mobile device or
any accessory to another device, read its user's
guide for detailed safety instructions. Do not
connect incompatible products.
Using Your Mobile Device Near Other Electronic
Devices
Most modern electronic equipment is shielded
from Radio Frequency (RF) signals. However,
certain electronic equipment may not be
shielded against the RF signals from your
National Institute for Occupational
Safety and Health (NIOSH)
395 E Street, S.W., Suite 9200
Patriots Plaza Building
Washington, DC 20201
Voice: 1-800-35-NIOSH
(1-800-356-4674)
1-800-CDC-INFO (1-800-232-4636)
Outside the U.S. 513-533-8328
Email: cdcinfo@cdc.gov
Internet:
http://www.cdc.gov/niosh/topics/
noise/default.html
1-888-232-6348 TTY
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Important Safety Information 35
wireless mobile device. Consult the
manufacturer to discuss alternatives.
Implantable Medical Devices
A minimum separation of six (6) inches should
be maintained between a handheld wireless
mobile device and an implantable medical
device, such as a pacemaker or implantable
cardioverter defibrillator, to avoid potential
interference with the device.
Persons who have such devices:
Should ALWAYS keep the mobile device
more than six (6) inches from their
implantable medical device when the mobile
device is turned ON;
Should not carry the mobile device in a
breast pocket;
Should use the ear opposite the implantable
medical device to minimize the potential for
interference;
Should turn the mobile device OFF
immediately if there is any reason to suspect
that interference is taking place;
Should read and follow the directions from
the manufacturer of your implantable medical
device. If you have any questions about using
your wireless mobile device with an
implantable medical device, consult your
health care provider.
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36 Important Safety Information
For more information see: http://www.fcc.gov/
oet/rfsafety/rf-faqs.html#.
Other Medical Devices
If you use any other personal medical devices,
consult the manufacturer of your device to
determine if it is adequately shielded from
external RF energy. Your physician may be able
to assist you in obtaining this information.
Switch your mobile device off in health care
facilities when any regulations posted in these
areas instruct you to do so. Hospitals or health
care facilities may be using equipment that
could be sensitive to external RF energy.
Vehicles
RF signals may affect improperly installed or
inadequately shielded electronic systems in
motor vehicles. Check with the manufacturer or
its representative regarding your vehicle before
using your mobile device in a motor vehicle.
You should also consult the manufacturer of
any equipment that has been added to your
vehicle.
Posted Facilities
Switch your mobile device off in any facility
where posted notices require you to do so.
Potentially Explosive Environments
Switch your mobile device off when in any area
with a potentially explosive atmosphere and
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Important Safety Information 37
obey all signs and instructions. Sparks in such
areas could cause an explosion or fire resulting
in bodily injury or even death. Users are advised
to switch the mobile device off while at a
refueling point (service station).
Users are reminded of the need to observe
restrictions on the use of radio equipment in
fuel depots (fuel storage and distribution areas),
chemical plants, or where blasting operations
are in progress. Areas with a potentially
explosive atmosphere are often, but not always,
clearly marked. They include below deck on
boats, chemical transfer or storage facilities,
vehicles using liquefied petroleum gas (such as
propane or butane), areas where the air
contains chemicals or particles, such as grain,
dust, or metal powders, and any other area
where you would normally be advised to turn
off your vehicle engine.
When your Device is Wet
Do not turn on your device if it is wet. If your
device is already on, turn it off and remove the
battery immediately, if applicable (if the device
will not turn off or you cannot remove the
battery, leave it as-is). Then, dry the device with
a towel and take it to a service center.
Restricting Children's Access to Your
Mobile Device
Your mobile device is not a toy. Do not allow
children to play with it because they could hurt
themselves and others, damage the mobile
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38 Important Safety Information
device, or use services that increase your
mobile device bill.
Keep the mobile device and all its parts and
accessories out of the reach of small children.
FCC Notice and Cautions
FCC Notice
The mobile device may cause TV or radio
interference if used in close proximity to
receiving equipment. The FCC can require you
to stop using the mobile device if such
interference cannot be eliminated. Vehicles
using liquefied petroleum gas (such as
propane or butane) must comply with the
National Fire Protection Standard (NFPA-58).
For a copy of this standard, contact the National
Fire Protection Association.
Cautions
Any changes or modifications to your mobile
device not expressly approved by Samsung
could void your warranty for this equipment
and void your authority to operate this
equipment. Only use approved batteries,
antennas, and chargers.
The use of any unauthorized accessories may
be dangerous and void the mobile device
warranty if said accessories cause damage or a
defect to the mobile device. Although your
mobile device is quite sturdy, it is a complex
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Important Safety Information 39
piece of equipment and can be broken. Avoid
dropping, hitting, bending, or sitting on it.
Other Important Safety Information
Only qualified personnel should service the
mobile device. Faulty service may be
dangerous and may invalidate any warranty
applicable to the device.
Ensure that any mobile devices or related
equipment used in your vehicle are securely
mounted.
Check regularly that all wireless mobile
device equipment in your vehicle is mounted
and operating properly.
When using a headset in dry environments,
static electricity can build up in the headset
and cause a small quick static electrical
shock. To minimize the risk of electrostatic
discharge from the headset avoid using the
headset in extremely dry environments or
touch a grounded unpainted metal object to
discharge static electricity before inserting the
headset.
Do not store or carry flammable liquids,
gases, or explosive materials in the same
compartment as the mobile device, its parts,
or accessories.
For vehicles equipped with an air bag,
remember that an air bag inflates with great
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40 Important Safety Information
force. Do not place objects, including
installed or portable wireless equipment near
or in the area over the air bag or in the air
bag deployment area. If wireless equipment
is improperly installed and the air bag inflates,
serious injury could result.
Switch your mobile device off before
boarding an aircraft. The use of wireless
mobile devices in aircraft is illegal and may
be dangerous to the aircraft's operation.
Check with appropriate authorities before
using any function of a mobile device while
on an aircraft.
Failure to observe these instructions may lead
to the suspension or denial of network
services to the offender, or legal action, or
both.
While using your device, leave some lights on
in the room and do not hold the screen too
close to your eyes.
Seizures or blackouts can occur when you
are exposed to flashing lights while watching
videos or playing games for extended
periods. If you feel any discomfort, stop using
the device immediately.
Reduce risk of repetitive motion injuries.
When you repetitively perform actions, such
as pressing keys, drawing characters on a
touch screen with your fingers, or playing
games, you may experience occasional
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Important Safety Information 41
discomfort in your hands, neck, shoulders, or
other parts of your body. When using your
device for extended periods, hold the device
with a relaxed grip, press the keys lightly, and
take frequent breaks. If you continue to have
discomfort during or after such use, stop use
and see a physician.
If your device has a camera flash or light, do
not use the flash or light close to the eyes of
people or pets. [122011]
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42 Important Safety Information
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.
Standard Limited Warranty
What is covered and for how long?
SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC (“SAMSUNG”) warrants that
SAMSUNG’s handsets and accessories
(“Products”) are free from defects in material
and workmanship under normal use and
service for the period commencing upon the
date of purchase by the first consumer
purchaser and continuing for the following
specified period of time after that date:
Manufacturer’s Warranty
Phone 1 Year
Batteries 1 Year
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Important Safety Information 43
What is not covered?
This Limited Warranty is conditioned upon
proper use of the Product.
This Limited Warranty does not cover: (a)
defects or damage resulting from accident,
misuse, abnormal use, abnormal conditions,
improper storage, exposure to liquid, moisture,
dampness, sand or dirt, neglect, or unusual
physical, electrical or electromechanical stress;
(b) scratches, dents and cosmetic damage,
unless caused by SAMSUNG; (c) defects or
damage resulting from excessive force or use of
a metallic object when pressing on a touch
screen; (d) equipment that has the serial
number or the enhancement data code
removed, defaced, damaged, altered or made
illegible; (e) ordinary wear and tear; (f) defects
or damage resulting from the use of Product in
conjunction or connection with accessories,
products, or ancillary/peripheral equipment not
furnished or approved by SAMSUNG;
(g) defects or damage resulting from improper
testing, operation, maintenance, installation,
service, or adjustment not furnished or
approved by SAMSUNG; (h) defects or
damage resulting from external causes such as
collision with an object, fire, flooding, dirt,
Case/Pouch/Holster 90 Days
Other Phone
Accessories
1 Year
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44 Important Safety Information
windstorm, lightning, earthquake, exposure to
weather conditions, theft, blown fuse, or
improper use of any electrical source; (i) defects
or damage resulting from cellular signal
reception or transmission, or viruses or other
software problems introduced into the Product;
or (j) Product used or purchased outside the
United States. This Limited Warranty covers
batteries only if battery capacity falls below 80%
of rated capacity or the battery leaks, and this
Limited Warranty does not cover any battery if
(i) the battery has been charged by a battery
charger not specified or approved by
SAMSUNG 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
SAMSUNG phone for which it is specified.
What are SAMSUNG’s obligations?
During the applicable warranty period, provided
the Product is returned in accordance with the
terms of this Limited Warranty, SAMSUNG will
repair or replace the Product, at SAMSUNG’s
sole option, without charge. SAMSUNG may, at
SAMSUNG’s sole option, use rebuilt,
reconditioned, or new parts or components
when repairing any Product, or may replace the
Product with a rebuilt, reconditioned or new
Product.
Repaired/replaced cases, pouches and
holsters will be warranted for a period of ninety
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Important Safety Information 45
(90) days. All other repaired/replaced Products
will be warranted for a period equal to the
remainder of the original Limited Warranty on
the original Product or for ninety (90) days,
whichever is longer. All replaced Products,
parts, components, boards and equipment
shall become the property of SAMSUNG.
Except to any extent expressly allowed by
applicable law, transfer or assignment of this
Limited Warranty is prohibited.
What must you do to obtain warranty
service?
To obtain service under this Limited Warranty,
you must return the Product to an authorized
phone service facility in an adequate container
for shipping, accompanied by the sales receipt
or comparable proof of sale showing the
original date of purchase, the serial number of
the Product and the seller’s name and address.
To obtain assistance on where to deliver the
Product, please call SAMSUNG Customer Care
at 1-888-987-4357. If SAMSUNG determines
that any Product is not covered by this Limited
Warranty, you must pay all parts, shipping, and
labor charges for the repair or return of such
Product.
You should keep a separate backup copy of
any contents of the Product before delivering
the Product to SAMSUNG for warranty service,
as some or all of the contents may be deleted
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46 Important Safety Information
or reformatted during the course of warranty
service.
What are the limits on SAMSUNG’s
liability?
THIS LIMITED WARRANTY SETS OUT THE
FULL EXTENT OF SAMSUNG’S
RESPONSIBILITIES, AND THE EXCLUSIVE
REMEDY REGARDING THE PRODUCTS.
ALL IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE LIMITED TO THE
DURATION OF THIS LIMITED WARRANTY. IN
NO EVENT SHALL SAMSUNG BE LIABLE FOR
DAMAGES IN EXCESS OF THE PURCHASE
PRICE OF THE PRODUCT OR FOR, WITHOUT
LIMITATION, COMMERCIAL LOSS OF ANY
SORT; LOSS OF USE, TIME, DATA,
REPUTATION, OPPORTUNITY, GOODWILL,
PROFITS OR SAVINGS; INCONVENIENCE;
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES; OR DAMAGES ARISING
FROM THE USE OR INABILITY TO USE THE
PRODUCT. SOME STATES AND
JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY
LASTS, OR THE DISCLAIMER OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND
DISCLAIMERS MAY NOT APPLY TO YOU.
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Important Safety Information 47
SAMSUNG MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, AS TO THE
QUALITY, CAPABILITIES, OPERATIONS,
PERFORMANCE OR SUITABILITY OF ANY
THIRD-PARTY SOFTWARE OR EQUIPMENT
USED IN CONJUNCTION WITH THE
PRODUCT, OR THE ABILITY TO INTEGRATE
ANY SUCH SOFTWARE OR EQUIPMENT
WITH THE PRODUCT, WHETHER SUCH
THIRD-PARTY SOFTWARE OR EQUIPMENT IS
INCLUDED WITH THE PRODUCT
DISTRIBUTED BY SAMSUNG OR OTHERWISE.
RESPONSIBILITY FOR THE QUALITY,
CAPABILITIES, OPERATIONS, PERFORMANCE
AND SUITABILITY OF ANY SUCH
THIRD-PARTY SOFTWARE OR EQUIPMENT
RESTS SOLELY WITH THE USER AND THE
DIRECT VENDOR, OWNER OR SUPPLIER OF
SUCH THIRD-PARTY SOFTWARE OR
EQUIPMENT.
Nothing in the Product instructions or
information shall be construed to create an
express warranty of any kind with respect to the
Products. No agent, employee, dealer,
representative or reseller is authorized to modify
or extend this Limited Warranty or to make
binding representations or claims, whether in
advertising, presentations or otherwise, on
behalf of SAMSUNG regarding the Products or
this Limited Warranty.
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48 Important Safety Information
This Limited Warranty gives you specific legal
rights, and you may also have other rights that
vary from state to state.
What is the procedure for resolving
disputes?
ALL DISPUTES WITH SAMSUNG ARISING IN
ANY WAY FROM THIS LIMITED WARRANTY
OR THE SALE, CONDITION OR
PERFORMANCE OF THE PRODUCTS SHALL
BE RESOLVED EXCLUSIVELY THROUGH
FINAL AND BINDING ARBITRATION, AND NOT
BY A COURT OR JURY.
Any such dispute shall not be combined or
consolidated with a dispute involving any other
person’s or entity’s Product or claim, and
specifically, without limitation of the foregoing,
shall not under any circumstances proceed as
part of a class action. The arbitration shall be
conducted before a single arbitrator, whose
award may not exceed, in form or amount, the
relief allowed by the applicable law. The
arbitration shall be conducted according to the
American Arbitration Association (AAA)
Commercial Arbitration Rules applicable to
consumer disputes. This arbitration provision is
entered pursuant to the Federal Arbitration Act.
The laws of the State of Texas, without reference
to its choice of laws principles, shall govern the
interpretation of the Limited Warranty and all
disputes that are subject to this arbitration
provision. The arbitrator shall decide all issues
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Important Safety Information 49
of interpretation and application of this
arbitration provision and the Limited Warranty.
For any arbitration in which your total damage
claims, exclusive of attorney fees and expert
witness fees, are $5,000.00 or less (“Small
Claim”), the arbitrator may, if you prevail, award
your reasonable attorney fees, expert witness
fees and costs as part of any award, but may
not grant SAMSUNG its attorney fees, expert
witness fees or costs unless it is determined that
the claim was brought in bad faith. In a Small
Claim case, you shall be required to pay no
more than half of the total administrative, facility
and arbitrator fees, or $50.00 of such fees,
whichever is less, and SAMSUNG shall pay the
remainder of such fees. Administrative, facility
and arbitrator fees for arbitrations in which your
total damage claims, exclusive of attorney fees
and expert witness fees, exceed $5,000.00
(“Large Claim”) shall be determined according
to AAA rules. In a Large Claim case, the
arbitrator may grant to the prevailing party, or
apportion among the parties, reasonable
attorney fees, expert witness fees and costs.
Judgment may be entered on the arbitrator’s
award in any court of competent jurisdiction.
This arbitration provision also applies to claims
against SAMSUNG’s employees,
representatives and affiliates if any such claim
arises from the Product’s sale, condition or
performance.
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50 Important Safety Information
You may opt out of this dispute resolution
procedure by providing notice to
SAMSUNG no later than 30 calendar days
from the date of the first consumer
purchaser’s purchase of the Product. To
opt out, you must send notice by e-mail to
optout@sta.samsung.com, with the subject
line: “Arbitration Opt Out.” You must
include in the opt out e-mail (a) your name
and address; (b) the date on which the
Product was purchased; (c) the Product
model name or model number; and (d) the
IMEI or MEID or Serial Number, as
applicable, if you have it (the IMEI or MEID
or Serial Number can be found (i) on the
Product box; (ii) on the Product information
screen, which can be found under
“Settings;” (iii) on a label on the back of the
Product beneath the battery, if the battery
is removable; and (iv) on the outside of the
Product if the battery is not removable).
Alternatively, you may opt out by calling
1-888-987-4357 no later than 30 calendar
days from the date of the first consumer
purchaser’s purchase of the Product and
providing the same information. These are
the only two forms of notice that will be
effective to opt out of this dispute
resolution procedure. Opting out of this
dispute resolution procedure will not affect
the coverage of the Limited Warranty in
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Important Safety Information 51
any way, and you will continue to enjoy the
benefits of the Limited Warranty.
Severability
If any portion of this Limited Warranty is held to
be illegal or unenforceable, such partial illegality
or unenforceability shall not affect the
enforceability of the remainder of the Limited
Warranty.
Precautions for Transfer and Disposal
If data stored on this device is deleted or
reformatted using the standard methods, the
data only appears to be removed on a
superficial level, and it may be possible for
someone to retrieve and reuse the data by
means of special software.
To avoid unintended information leaks and
other problems of this sort, it is recommended
that the device be returned to Samsung’s
Customer Care Center for an Extended File
System (EFS) Clear which will eliminate all user
memory and return all settings to default
settings. Please contact the Samsung
Customer Care Center for details.
Important! Please provide warranty information
(proof of purchase) to Samsung’s
Customer Care Center in order to
provide this service at no charge. If
the warranty has expired on the
device, charges may apply.
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52 Important Safety Information
Samsung Telecommunications America, LLC
1301 E. Lookout Drive
Richardson, Texas 75082
Phone: 1-800-SAMSUNG
Phone: 1-888-987-HELP (4357)
No reproduction in whole or in part allowed
without prior written approval. Specifications
and availability subject to change without
notice. [111611]
End User License Agreement for Software
IMPORTANT. READ CAREFULLY: This End User
License Agreement ("EULA") is a legal
agreement between you (either an individual or
a single entity) and Samsung Electronics Co.,
Ltd. ("Samsung") for software, owned by
Samsung and its affiliated companies and its
third party suppliers and licensors, that
accompanies this EULA, which includes
computer software and may include associated
media, printed materials, "online" or electronic
documentation in connection with your use of
this device ("Software").
This device requires the use of preloaded
software in its normal operation. BY USING
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Important Safety Information 53
THE DEVICE OR ITS PRELOADED SOFTWARE,
YOU ACCEPT THE TERMS OF THIS EULA. IF
YOU DO NOT ACCEPT THESE TERMS, DO
NOT USE THE DEVICE OR THE SOFTWARE.
1. GRANT OF LICENSE. Samsung grants you
the following rights provided that you comply
with all terms and conditions of this EULA: You
may install, use, access, display and run one
copy of the Software on the local hard disk(s) or
other permanent storage media of one
computer and use the Software on a single
computer or a mobile device at a time, and you
may not make the Software available over a
network where it could be used by multiple
computers at the same time. You may make
one copy of the Software in machine readable
form for backup purposes only; provided that
the backup copy must include all copyright or
other proprietary notices contained on the
original.
Certain items of the Software may be subject to
open source licenses. The open source license
provisions may override some of the terms of
this EULA. We make the applicable open
source licenses available to you on the Legal
Notices section of the Settings menu of your
device.
2. RESERVATION OF RIGHTS AND
OWNERSHIP. Samsung reserves all rights not
expressly granted to you in this EULA. The
Software is protected by copyright and other
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54 Important Safety Information
intellectual property laws and treaties. Samsung
or its suppliers own the title, copyright and other
intellectual property rights in the Software. The
Software is licensed, not sold.
3. LIMITATIONS ON END USER RIGHTS.
You may not reverse engineer, decompile,
disassemble, or otherwise attempt to discover
the source code or algorithms of, the Software
(except and only to the extent that such activity
is expressly permitted by applicable law not
withstanding this limitation), or modify, or
disable any features of, the Software, or create
derivative works based on the Software. You
may not rent, lease, lend, sublicense or provide
commercial hosting services with the Software.
4. CONSENT TO USE OF DATA. You agree
that Samsung and its affiliates may collect and
use technical information gathered as part of
the product support services related to the
Software provided to you, if any, such as IMEI
(your device’s unique identification number),
device number, model name, customer code,
access recording, your device’s current SW
version, MCC (Mobile Country Code), MNC
(Mobile Network Code). Samsung and its
affiliates may use this information solely to
improve their products or to provide customized
services or technologies to you and will not
disclose this information in a form that
personally identifies you. At all times your
information will be treated in accordance with
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Important Safety Information 55
Samsung’s Privacy Policy, which can be viewed
at:
http://account.samsung.com/membership/
pp.
5. SOFTWARE UPDATES. Samsung may
provide to you or make available to you
updates, upgrades, supplements and add-on
components (if any) of the Software, including
bug fixes, service upgrades (parts or whole),
products or devices, and updates and
enhancements to any software previously
installed (including entirely new versions),
(collectively “Update”) after the date you obtain
your initial copy of the Software to improve the
Software and ultimately enhance your user
experience with your device. This EULA applies
to all and any component of the Update that
Samsung may provide to you or make available
to you after the date you obtain your initial copy
of the Software, unless we provide other terms
along with such Update. To use Software
provided through Update, you must first be
licensed for the Software identified by Samsung
as eligible for the Update. After the Update, you
may no longer use the Software that formed the
basis for your Update eligibility. The updated
Software version may add new functions and,
in some limited cases, may delete existing
functions.
While the Update will be generally available, in
some limited circumstances, the Software
updates will only be offered by your network
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56 Important Safety Information
carrier, and such Software updates will be
governed by your contractual relationship with
your network carrier.
With the “Automatic Update” function enabled
(as in the default setting in the System Update
menu in the Setting), your device downloads
some Updates automatically from time to time.
Your device will, however, ask for your consent
before installing any Update If you choose to
disable the “Automatic Update” function, then
you can check the availability of new Updates
by clicking on the “Check Update” menu in the
Setting. We recommend that you check
availability of any new Updates periodically for
optimal use of your device. If you want to avoid
any use of network data for the Update
downloads, then you should choose the “Wi-Fi
Only” option in the Setting. (Regardless of the
option you choose, the “Automatic Update”
function downloads Updates only through Wi-Fi
connection.)
6. Some features of the Software may require
your device to have access to the internet and
may be subject to restrictions imposed by your
network or internet provider. Unless your device
is connected to the internet through Wi-Fi
connection, the Software will access through
your mobile network, which may result in
additional charges depending on your payment
plan. In addition, your enjoyment of some
features of the Software may be affected by the
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Important Safety Information 57
suitability and performance of your device
hardware or data access.
7. SOFTWARE TRANSFER. You may not
transfer this EULA or the rights to the Software
granted herein to any third party unless it is in
connection with the sale of the mobile device
which the Software accompanied. In such
event, the transfer must include all of the
Software (including all component parts, the
media and printed materials, any upgrades, this
EULA) and you may not retain any copies of the
Software. The transfer may not be an indirect
transfer, such as a consignment. Prior to the
transfer, the end user receiving the Software
must agree to all the EULA terms.
8. EXPORT RESTRICTIONS. You
acknowledge that the Software is subject to
export restrictions of various countries. You
agree to comply with all applicable international
and national laws that apply to the Software,
including all the applicable export restriction
laws and regulations.
9. TERMINATION. This EULA is effective until
terminated. Your rights under this License will
terminate automatically without notice from
Samsung if you fail to comply with any of the
terms and conditions of this EULA. Upon
termination of this EULA, you must cease all
use of the Software and destroy all copies, full
or partial, of the Software.
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58 Important Safety Information
10. DISCLAIMER OF WARRANTY. UNLESS
SEPARATELY STATED IN A WRITTEN
EXPRESS LIMITED WARRANTY
ACCOMPANYING YOUR DEVICE, ALL
SOFTWARE PROVIDED BY SAMSUNG WITH
THIS MOBILE DEVICE (WHETHER INCLUDED
WITH THE DEVICE, DOWNLOADED, OR
OTHERWISE OBTAINED) IS PROVIDED "AS IS"
AND ON AN "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OF ANY KIND FROM
SAMSUNG, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT POSSIBLE PURSUANT
TO APPLICABLE LAW, SAMSUNG DISCLAIMS
ALL WARRANTIES EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY
OR WORKMANLIKE EFFORT, FITNESS FOR A
PARTICULAR PURPOSE, RELIABILITY OR
AVAILABILITY, ACCURACY, LACK OF VIRUSES,
QUIET ENJOYMENT, NON INFRINGEMENT OF
THIRD PARTY RIGHTS OR OTHER VIOLATION
OF RIGHTS. SOME JURISDICTIONS DO NOT
ALLOW EXCLUSIONS OR LIMITATIONS OF
IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU. NO ADVICE OR
INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM
SAMSUNG OR ITS AFFILIATES SHALL BE
DEEMED TO ALTER THIS DISCLAIMER BY
SAMSUNG OF WARRANTY REGARDING THE
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Important Safety Information 59
SOFTWARE, OR TO CREATE ANY
WARRANTY OF ANY SORT FROM
SAMSUNG.
11. THIRD-PARTY APPLICATIONS. Certain
third party applications may be included with, or
downloaded to this mobile device. Samsung
makes no representations whatsoever about
any of these applications. Since Samsung has
no control over such applications, you
acknowledge and agree that Samsung is not
responsible for the availability of such
applications and is not responsible or liable for
any content, advertising, products, services, or
other materials on or available from such
applications. You expressly acknowledge and
agree that use of third party applications is at
your sole risk and that the entire risk of
unsatisfactory quality, performance, accuracy
and effort is with you. It is up to you to take
precautions to ensure that whatever you select
to use is free of such items as viruses, worms,
Trojan horses, and other items of a destructive
nature. References on this mobile device to any
names, marks, products, or services of any
third-parties are provided solely as a
convenience to you, and do not constitute or
imply an endorsement, sponsorship, or
recommendation of, or affiliation with the third
party or its products and services. You agree
that Samsung shall not be responsible or liable,
directly or indirectly, for any damage or loss,
including but not limited to any damage to the
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60 Important Safety Information
mobile device or loss of data, caused or
alleged to be caused by, or in connection with,
use of or reliance on any such third party
content, products, or services available on or
through any such application. You
acknowledge and agree that the use of any
third-party application is governed by such third
party application provider's Terms of Use,
License Agreement, Privacy Policy, or other
such agreement and that any information or
personal data you provide, whether knowingly
or unknowingly, to such third-party application
provider, will be subject to such third party
application provider's privacy policy, if such a
policy exists. SAMSUNG DISCLAIMS ANY
RESPONSIBILITY FOR ANY DISCLOSURE OF
INFORMATION OR ANY OTHER PRACTICES
OF ANY THIRD PARTY APPLICATION
PROVIDER. SAMSUNG EXPRESSLY
DISCLAIMS ANY WARRANTY REGARDING
WHETHER YOUR PERSONAL INFORMATION
IS CAPTURED BY ANY THIRD PARTY
APPLICATION PROVIDER OR THE USE TO
WHICH SUCH PERSONAL INFORMATION
MAY BE PUT BY SUCH THIRD PARTY
APPLICATION PROVIDER.
12. SAMSUNG APPLICATIONS. Certain
Samsung applications and services may be
included with, or downloaded to, this mobile
device. Many of them require Samsung
Services membership registration (“Samsung
Account”), and your rights and obligations will
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Important Safety Information 61
be set forth in separate Samsung Account
terms and conditions and privacy policies.
There are non-Samsung Account applications
and services that require your consent to their
separate terms and conditions and privacy
policies. You expressly acknowledge and agree
that your use of such applications and services
will be subject to the applicable terms and
conditions and privacy policies.
13. LIMITATION OF LIABILITY. SAMSUNG
WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING OUT OF OR RELATING TO
THE USE OR THE INABILITY TO USE THE
SOFTWARE OR ANY THIRD PARTY
APPLICATION, ITS CONTENT OR
FUNCTIONALITY, INCLUDING BUT NOT
LIMITED TO DAMAGES CAUSED BY OR
RELATED TO ERRORS, OMISSIONS,
INTERRUPTIONS, DEFECTS, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER
VIRUS, FAILURE TO CONNECT, NETWORK
CHARGES, IN-APP PURCHASES, AND ALL
OTHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES EVEN IF
SAMSUNG HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU. NOTWITHSTANDING THE
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62 Important Safety Information
FOREGOING, SAMSUNG ELECTRONIC CO.'S
TOTAL LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, CAUSES OF ACTION, INCLUDING
BUT NOT LIMITED TO THOSE BASED ON
CONTRACT, TORT, OR OTHERWISE, ARISING
OUT OF YOUR USE OF THE SOFTWARE OR
THIRD PARTY APPLICATIONS ON THIS
MOBILE DEVICE, OR ANY OTHER PROVISION
OF THIS EULA, SHALL NOT EXCEED THE
AMOUNT PURCHASER PAID SPECIFICALLY
FOR THIS MOBILE DEVICE OR ANY SUCH
THIRD PARTY APPLICATION THAT WAS
INCLUDED WITH THIS MOBILE DEVICE. THE
FOREGOING LIMITATIONS, EXCLUSIONS,
AND DISCLAIMERS (INCLUDING SECTIONS
10, 11, 12 AND 13) SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, EVEN IF ANY REMEDY
FAILS ITS ESSENTIAL PURPOSE.
14. U.S. GOVERNMENT END USERS
RESTRICTED RIGHTS. The Software is
licensed only with "restricted rights" and as
"commercial items" consisting of "commercial
software" and "commercial software
documentation" with only those rights as are
granted to all other end users pursuant to the
terms and conditions herein. All Products are
provided only with "restricted rights" with only
those rights as are granted to all other end
users pursuant to the terms and conditions
herein. All Software and Products are provided
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Important Safety Information 63
subject to Federal Acquisition Regulation (FAR)
52.227.19.
15. APPLICABLE LAW. This EULA is governed
by the laws of the jurisdiction where you are a
resident or, if a resident of the United States, by
the laws of the state of Texas, without regard to
its conflict of law provisions. This EULA shall not
be governed by the UN Convention on
Contracts for the International Sale of Goods,
the application of which is expressly excluded.
16. DISPUTE RESOLUTION.
(a) Non-United States residents. If a dispute,
controversy or difference arising in any way
from this EULA or your use of the Software is
not amicably settled, it shall be subject to the
non-exclusive jurisdiction of the courts of the
jurisdiction where you are a resident.
Notwithstanding the foregoing, Samsung may
apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
(b) United States residents. ALL DISPUTES
WITH SAMSUNG ARISING IN ANY WAY FROM
THIS EULA OR YOUR USE OF THE
SOFTWARE SHALL BE RESOLVED
EXCLUSIVELY THROUGH FINAL AND
BINDING ARBITRATION, AND NOT BY A
COURT OR JURY. Any such dispute shall not
be combined or consolidated with any other
person’s or entity’s claim or dispute, and
specifically, without limitation of the foregoing,
shall not under any circumstances proceed as
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64 Important Safety Information
part of a class action. The arbitration shall be
conducted before a single arbitrator, whose
award may not exceed, in form or amount, the
relief allowed by the applicable law. The
arbitration shall be conducted according to the
American Arbitration Association (AAA)
Commercial Arbitration Rules applicable to
consumer disputes. This arbitration provision is
entered pursuant to the Federal Arbitration Act.
The laws of the State of Texas, without reference
to its choice of laws principles, shall govern the
interpretation of the EULA and all disputes that
are subject to this arbitration provision. The
arbitrator shall decide all issues of interpretation
and application of this arbitration provision and
the EULA. For any arbitration in which your total
damage claims, exclusive of attorney fees and
expert witness fees, are $5,000.00 or less
("Small Claim"), the arbitrator may, if you prevail,
award your reasonable attorney fees, expert
witness fees and costs as part of any award, but
may not grant Samsung its attorney fees, expert
witness fees or costs unless it is determined that
the claim was brought in bad faith. In a Small
Claim case, you shall be required to pay no
more than half of the total administrative, facility
and arbitrator fees, or $50.00 of such fees,
whichever is less, and Samsung shall pay the
remainder of such fees. Administrative, facility
and arbitrator fees for arbitrations in which your
total damage claims, exclusive of attorney fees
and expert witness fees, exceed $5,000.00
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Important Safety Information 65
("Large Claim") shall be determined according
to AAA rules. In a Large Claim case, the
arbitrator may grant to the prevailing party, or
apportion among the parties, reasonable
attorney fees, expert witness fees and costs.
Judgment may be entered on the arbitrator's
award in any court of competent jurisdiction.
This arbitration provision also applies to claims
against Samsung’s employees, representatives
and affiliates if any such claim arises from the
licensing or use of the Software. You may opt
out of this dispute resolution procedure by
providing notice to Samsung no later than 30
calendar days from the date of the first
consumer purchaser’s purchase of this device.
To opt out, you must send notice by e-mail to
optout@sta.samsung.com, with the subject line:
"Arbitration Opt Out." You must include in the
opt out e-mail (a) your name and address; (b)
the date on which the device was purchased;
(c) the device model name or model number;
and (d) the IMEI or MEID or Serial Number, as
applicable, if you have it (the IMEI or MEID or
Serial Number can be found (i) on the device
box; (ii) on the device information screen, which
can be found under "Settings;" (iii) on a label
on the back of the device beneath the battery, if
the battery is removable; and (iv) on the outside
of the device if the battery is not removable).
Alternatively, you may opt out by calling
1-888-987-4357 no later than 30 calendar days
from the date of the first consumer purchaser's
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66 Important Safety Information
purchase of the device and providing the same
information. These are the only two forms of
notice that will be effective to opt out of this
dispute resolution procedure. Opting out of this
dispute resolution procedure will not affect your
use of the device or its preloaded Software, and
you will continue to enjoy the benefits of this
license.
17. ENTIRE AGREEMENT; SEVERABILITY.
This EULA is the entire agreement between you
and Samsung relating to the Software and
supersedes all prior or contemporaneous oral
or written communications, proposals and
representations with respect to the Software or
any other subject matter covered by this EULA.
If any provision of this EULA is held to be void,
invalid, unenforceable or illegal, the other
provisions shall continue in full force and effect.
[050113]
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v.7-1-13 General Terms and Conditions of Service 67
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.
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)”
Para solicitar esta literatura en español, por
favor contactar a 1-800-777-4681 o visitar a
sprint.com/espanol.
General Terms and
Conditions of Service
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68 General Terms and Conditions of Service v.7-1-13
also includes any other product or service that
we offer or provide to you that references these
General Terms and Conditions of Service
(“Ts&Cs).
The Service Agreement
These Ts&Cs are part of your service
agreement with us (the “Agreement”) and
constitute a contract under which we provide
you Services under terms and conditions that
you accept. THIS AGREEMENT CONTAINS
A MANDATORY ARBITRATION PROVISION
WITH A CLASS WAIVER, A
REPRESENTATIVE ACTION WAIVER, AND
A JURY WAIVER PROVISION. In addition to
these Ts&Cs, there are several parts of the
Agreement, which includes but is not limited to
the following: (i) the subscriber agreement and
transaction materials 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
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v.7-1-13 General Terms and Conditions of Service 69
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 Service. For employee and
organization discounts, the discount percentage
may vary from month-to-month based on the
terms of the agreement between your employer,
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70 General Terms and Conditions of Service v.7-1-13
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.
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v.7-1-13 General Terms and Conditions of Service 71
Term Commitments & Early Termination
Fees
Sprint provides a variety of Services, some of
which require you to maintain Your Services on
a month to month basis or for a minimum term,
usually 1 or 2 years (“Term Commitment”). If
your Agreement contains a Term Commitment,
you will be charged a fee (“Early
Termination Fee”) for each line of Service
that you terminate early (i.e., prior to
satisfying the Term Commitment) or for
each line of Service that we terminate early
for good reason (for example, violating the
payment or other terms of the Agreement)
but such Early Termination Fee will be
prorated based on your remaining Term
Commitment. Early Termination Fees are a
part of our rates. Any Term Commitment, the
length of the Term Commitment, and the
applicable Early Termination Fee amounts and
proration will be disclosed to you during the
sales transaction. Carefully review any Term
Commitment and Early Termination Fee
requirements prior to selecting Services.
After you have satisfied your Term
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.
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72 General Terms and Conditions of Service v.7-1-13
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 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
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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
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
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and Policies; (g) breaching, failing to follow, or
abusing the Agreement or Policies; (h)
providing false, inaccurate, dated, or unverifiable
identification or credit information or becoming
insolvent or bankrupt; (i) modifying a Device
from its manufacturer specifications (for
example, rooting the device); (j) failing to use
our Services for an extended period of time; (k)
failing to maintain an active Device in
connection with our Services; or (l) if we believe
the action protects our interests, any customer’s
interests, or our networks.
Your Right To Change Services & When
Changes Are Effective
The account holder can typically change
Services upon request. In some instances,
changes may be conditioned on payment of an
Early Termination Fee or certain other charges,
or they may require a new Term Commitment.
Changes to Services are usually effective 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
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Commitment. You are responsible for any
changes to your Services made by a person
you authorize, and those changes will be
treated as modifications to this Agreement.
Your Right To Terminate Services
You can terminate Services at any time by
calling us and requesting that we deactivate all
Services. In addition, if you return or provide
your Device to Sprint and fail to either deactivate
service on the Device or activate another
Device in connection with your Service, we
reserve the right to terminate your Service, and
if you are subject to a Term Commitment, you
may be charged all or part of an Early
Termination Fee. You are responsible for all
charges billed or incurred prior to deactivation. If
Services are terminated before the end of your
invoicing cycle, we won’t prorate charges to the
date of termination and you won’t receive a
credit or refund for any unused Services.
Except as provided above, if you are
subject to an Early Termination Fee, you
must also pay the invoiced Early
Termination Fee for each line of Service
that you terminate early.
Credit Checks & Credit Information
We agree to provide you Services on the
condition that you have and maintain
satisfactory credit according to our standards
and policies. You agree to provide information
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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
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benefit only and should not be relied on by you
to manage usage.
Deposits & Returning Deposits
We may at any time require a deposit as a
guarantee of payment for you to establish or
maintain Service (“Deposit”). By providing us a
Deposit, you grant us a security interest for all
current or future amounts owed to us. We may
change the Deposit at any time with notice. You
can’t use a Deposit to make or 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,
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property, or Services; or (b) in any way
prohibited by the terms of our Services, the
Agreement, or our Policies. You cannot in any
manner resell the Services to another party. For
additional restrictions on the use of our
Services, see our Acceptable Use Policy and
Visitors Agreement, which are available on our
website, and the detailed plan or other
information on Services that we provide or refer
you to during the sales transaction.
Your Device, Number & E-mail Address
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.)—
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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.
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
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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 Devices ability to acquire satellite
signals (typically not available indoors)
and network coverage. While your Device is
receiving a software update, you may be
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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 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
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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; 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,
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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
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purpose (for example, with “phone as modem”
plans, Sprint Mobile Broadband card plans,
wireless router plans, etc.).
Software License
If Sprint provides you software as part of the
Service and there are not software license
terms provided with the software (by Sprint or
by a third party), then Sprint grants you a limited,
revocable, non-exclusive, non-transferable
license to use the software to access the
Services for your own individual use. You will
not sell, resell, transfer, copy, translate, publish,
create derivative works of, make any
commercial use of, modify, reverse engineer,
decompile, or disassemble the software. Sprint
may revoke this license at any time.
Fees, Activation & Miscellaneous Charges
Based on our Policies, we may charge
activation, prepayment, reactivation, program, or
other fees to 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.
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Account & Service Charges
You are responsible for all charges
associated with your account and the
Services on your account, no matter who
adds or uses the Services. Charges include,
but are not limited to, the monthly recurring
charges, usage charges, charges for additional
services, taxes, surcharges, and fees associated
with your Services. These charges are
described or referred to during the sales
transaction, in our marketing materials, and in
confirmation materials that we may send to you.
Depending on your Services, charges for
additional services may include operator and
directory assistance, voicemail, call forwarding,
data calls, texts, and Web access. If you (the
account holder) allow end users to access or
use your Devices, you authorize end users to
access, download, and use Services. You may
have the opportunity to purchase Services on a
subscription basis where we assess
subscription charges that allow you access to
the Services and/or provide you a certain
amount of use of the Services for a defined
period of time. Depending on your Service,
certain types of subscription charges may be
assessed automatically upon activation and
automatically assessed for subsequent
subscription periods. Subscription Services
offered on a recurring basis do not end until
terminated by you or us. Subscription charges
for recurring Services occur at the beginning of
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each bill cycle. Information regarding your bill
cycle for subscription Services will be provided
when you order the Services. For Services
offered on a per-day basis, you will generally be
charged for use before or at the time of use. In
certain instances, we may charge you at some
point after you use the Services. Unless
otherwise disclosed, Services offered on a per-
day basis end 24 hours after Service is initiated.
How We Calculate Your Charges For Billing
Purposes
Regular Voice Calls: We round up partial
minutes of use to the next full minute. Time
starts when you press “Talk” or your Device
connects to the network and stops when you
press “End” or the network connection
otherwise breaks. You’re charged for all calls
that connect, even to answering machines,
voicemail, or voice transcription services. You
won’t be charged for unanswered calls or if you
get a busy signal. For incoming calls answered,
you’re charged from the time shortly before the
Device starts ringing until you press “End” or
the network connection otherwise breaks. If
charges vary depending on the time of day that
you place or receive calls (for example, Nights
and Weekend plans), you’re charged for the
entire call based on the rate that applies to the
time period in which the call starts. Call time for
a single call may be subject to a maximum
duration and may be automatically terminated if
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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
push-to-talk call and ends approximately 6
seconds after completion of a communication
to which no participant responds. Subsequent
push-to-talk communications are considered
new calls. Charges apply for the entire period of
time the push-to-talk call is connected to our
network. Depending on your plan, nationwide,
international, or group push-to-talk calls may
use the local push-to-talk minutes in your plan
and result in additional or different charges.
Responses to call alert transmissions are
treated as new push-to-talk 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.
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Data Usage: Unless we specifically tell you
otherwise, data usage is measured in bytes,
kilobytes, megabytes, and gigabytes—not in
minutes/time. 1024 bytes equals 1 kilobyte
(“KB”), 1024 KB equals 1 megabyte, and 1024
megabytes equals 1 gigabyte. Bytes are
rounded up to KB, so you will be charged at
least 1 KB for each data usage session (“data
session”). Rounding occurs at the end of each
data session, and sometimes during a data
session. Depending on your data Services,
usage may be charged against an allowance
or on a fixed price per KB, and you may be
subject to limitations on the amount of data
usage. If you are charged on a fixed price per
KB, any fractional cents will be rounded up to
the next cent. You are charged for all data
directed to your Device’s Internet address,
including data sessions you did not initiate and
for incomplete transfers. As long as your Device
is connected to our data networks, you may
incur 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
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Data Content itself (game, ringer, etc.). Data
used and charged to you will vary widely, even
between identical actions or data sessions.
Estimates of data usage—for example, the size
of downloadable files—are not reliable
predictors of actual usage. Your bill won’t
separately list the number of KB attributed to a
specific action/data session.
Your Bill
Your bill provides you notice of your charges. It
reflects monthly recurring charges (usually
billed one bill cycle in advance), fees, taxes,
Surcharges, product and equipment charges,
subscription charges, and usage/transaction
specific charges (usually billed in the bill cycle
in which they’re incurred). Some usage
charges, such as those that depend on usage
information from a third party, may be billed in
subsequent bill cycles and result in higher than
expected charges for that month. Bill cycles and
dates may change from time to time. Your bill
may also include other important notices
(for example, changes to your Agreement,
to your Service, legal notices, etc.). Your
paper bill may not include itemized billing detail.
More specific billing information is available
online. Paper bills 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
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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
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time without advance notice. If you’re claiming
any tax exemption, you must provide us with a
valid exemption certificate. Tax exemptions
generally won’t be applied retroactively.
Surcharges
You agree to pay all 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
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existing Surcharges. Information on Surcharges
is provided during the sales transaction and is
available on our website.
Disputing Charges - You Must Still Pay
Undisputed Charges
Any dispute to a charge on your bill must be
made within 60 days of the date of the bill that
initially contained the charge. Disputes can only
be made by calling or writing us as directed on
your invoice or elsewhere. You accept all
charges not properly disputed within the above
time period—undisputed charges must still be
paid as stated on your bill.
Protecting Our Network & Services
We can take any action to: (1) protect our
networks, our rights and interests, or the rights
of others; or (2) optimize or improve the overall
use of our networks and Services. Some of
these actions may interrupt or prevent legitimate
communications and usage-for example,
message filtering/blocking software to prevent
spam or viruses; limiting throughput; limiting
access to certain websites, applications, or
other Data 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,
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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.
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
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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
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and policies, including its privacy policy. Be
sure that you have reviewed and are
comfortable with the third party’s policies before
using its application on your device.
Information on Devices: Your Device may
contain sensitive or personal information (for
example, pictures, videos, passwords, or stored
credit card numbers). Sprint is not responsible
for any information on your Device, including
sensitive or personal information. If possible,
you should remove or otherwise safeguard any
sensitive or personal information when your
Device is out of your possession or control, for
example when you relinquish, exchange, return,
or recycle your Device. By submitting your
Device to us, you agree that our employees,
contractors, or vendors may access all of the
information on your Device. If you exchange,
return, or recycle your Device through us, we
typically attempt to erase all data on your
Device, but you 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,
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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.
911 Or Other Emergency Calls
Public safety officials advise that when
making 911 or other emergency calls, you
should always be prepared to provide your
location information. Unlike traditional wireline
phones, depending on a number of factors (for
example, whether your Device is GPS-enabled,
where you are, whether local emergency
service providers have upgraded their
equipment, etc.), 911 operators may not know
your phone number, your location, or the
location of your Device. In certain
circumstances, an emergency call may be
routed to a state patrol dispatcher or alternative
location set by local emergency service
providers. Enhanced 911 service (“E911”)—
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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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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 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
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any health-related claims relating to our
Services; (d) Data Content or information
accessed while using our Services; (e) an
interruption or failure in accessing or attempting
to access emergency services from a Device,
including through 911, Enhanced 911 or
otherwise; (f) interrupted, failed, or inaccurate
location information services; (g) information or
communication that is blocked by a spam filter;
(h) damage to your Device or any computer or
equipment connected to your Device, or
damage to or loss of any information stored on
your Device, computer, equipment, or Sprint
storage space from your use of the Services or
from viruses, worms, or downloads of malicious
content, materials, data, text, images, video, or
audio; or (i) things beyond our control, including
acts of God (for example, weather-related
phenomena, fire, earthquake, hurricane, etc.),
riot, strike, war, terrorism, or government orders
or acts. You should implement appropriate
safeguards to secure your Device, computer, or
equipment and to back up your information
stored on each.
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100 General Terms and Conditions of Service v.7-1-13
You Agree Our Liability Is Limited - No
Consequential Damages.
TO THE EXTENT ALLOWED BY LAW, OUR
LIABILITY FOR MONETARY DAMAGES FOR
ANY CLAIMS THAT YOU MAY HAVE AGAINST
US IS LIMITED TO NO MORE THAN THE
PROPORTIONATE AMOUNT OF THE SERVICE
CHARGES ATTRIBUTABLE TO THE AFFECTED
PERIOD. UNDER NO CIRCUMSTANCES ARE
WE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR
SPECIAL DAMAGES OF ANY NATURE
WHATSOEVER ARISING OUT OF OR
RELATED TO PROVIDING OR FAILING TO
PROVIDE SERVICES IN CONNECTION WITH A
DEVICE, INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, LOSS OF BUSINESS, OR
COST OF REPLACEMENT PRODUCTS OR
SERVICES.
DISPUTE RESOLUTION
AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT
AFFECTS YOUR RIGHTS
In those rare instances where your concern
is not resolved to your satisfaction through
calls to our customer care, you and Sprint
each agree to try to resolve those disputes in
good faith after you provide written notice of
the dispute as set forth below. If the dispute is
not resolved, you and Sprint agree that the
dispute will be resolved through individual
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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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102 General Terms and Conditions of Service v.7-1-13
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)
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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 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.
Arbitration Terms, Process, Rules and
Procedures
(1) Unless you and Sprint agree otherwise,
the arbitration will be conducted by a single,
neutral arbitrator and will take place in the
county of the last billing address of the
Service. The arbitration will be governed by
either: (a) rules that we mutually agree upon;
or (b) the JAMS Comprehensive Arbitration
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104 General Terms and Conditions of Service v.7-1-13
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 Pre-
Dispute Clauses Minimum Standards for
Procedural Fairness (the “Minimum
Standards”), the Minimum Standards in that
regard will apply. However, nothing in this
paragraph will require or allow you or Sprint
to arbitrate on a class-wide, representative or
consolidated basis.
(3) The arbitrator may award declaratory or
injunctive relief only in favor of the individual
party seeking relief and only to the extent
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v.7-1-13 General Terms and Conditions of Service 105
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.
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106 General Terms and Conditions of Service v.7-1-13
(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.
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.
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v.7-1-13 General Terms and Conditions of Service 107
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.
Providing Notice To Each Other Under The
Agreement
Except as the Agreement specifically provides
otherwise, you must provide us notice by calling
or writing us as instructed on your invoice. We
will provide you notice through one or more of
the following: in your bill, correspondence to
your last known billing address, to any fax
number or email address you’ve provided us,
by calling you on your Device or any other
phone number you’ve provided us, by voice
message on your Device or any other phone
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108 General Terms and Conditions of Service v.7-1-13
number you’ve provided us, or by text message
on your Device.
Contacting You Regarding Billing and
Collections
You expressly authorize, and specifically
consent to allowing Sprint and any of Sprint’s
agents to contact you in connection with any
and all matters relating to 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.
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v.7-1-13 General Terms and Conditions of Service 109
Other Important Terms
Subject to federal law or unless the Agreement
specifically provides otherwise, this Agreement
is governed solely by the laws of the state
encompassing the billing address of the
Device, without regard to the conflicts of law
rules of that state. If either of us waives or
doesn’t enforce a requirement under this
Agreement in an instance, we don’t waive our
right to later enforce that requirement. Except as
the Agreement specifically provides otherwise, if
any part of the Agreement is held invalid or
unenforceable, the rest of this Agreement
remains in full force and effect. This Agreement
isn’t for the benefit of any third party except our
corporate parents, affiliates, subsidiaries, agents,
and predecessors and successors in interest.
You can’t assign the Agreement or any of your
rights or duties under it, 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,
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110 General Terms and Conditions of Service v.7-1-13
dispute resolution, no class action, no jury trial)
survive termination of Services.
[End General Terms and Conditions of
Service]
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Important Message From Sprint 111
Important Information about this device’s
“open” architecture. This device is an
“open” device. What that means is that you
are free to use it to access the Internet as
you see fit. You may go to websites you like
and you may download or use
applications or software that you choose.
Please take care to visit only trusted
websites and download applications only
from trusted entities. Sprint has no control
over websites you visit or applications and
software you download, and Sprint’s
policies do not apply to those websites,
applications or software. The websites you
visit may place “cookies” or other files on
your device when you visit them.
Downloaded applications or software may
access, use or share information on your
device, like your contacts or your location.
Although Sprint is excited to allow our
customers to make their own choices
about the Internet sites you wish to visit or
the applications or software you’d like to
use, we do want to remind you that Sprint
is not able to help you troubleshoot issues
connected with your use of non-Sprint
applications or software (such as the ones
you may select and download to your
Important Message From Sprint
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112 Important Message From Sprint
device). Sprint also will not be able to
provide you credits for applications or
software that you download from sources
other than Sprint. And, Sprint is not liable
for the websites you visit or anything you
download or cause to be downloaded to
your device. Damage related to websites
visited or downloads to your device may
not be covered by Sprint’s Service and
Repair policy, or your device insurance
policy. For more information about Sprint’s
policies, products or services, please visit
us at sprint.com.
Important Message From Sprint
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©2013 Sprint. Sprint and the logo are trademarks of Sprint.
Other marks are the property of their respective owners. GH68-39460C Printed in China
SPT_LT02_IIB_Eng_TE_081513_F2
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