TCL Communication B010 Tablet PC User Manual
TCL Communication Ltd. Tablet PC
User manual
Important Information for the
ALCATEL onetouch Pixi3(7)9007T
2 Important Safety Information
IMPORTANT SAFETY
INFORMATION
This booklet contains important operational and
safety information that will help you safely use your
tablet. Failure to read and follow the information
provided in this booklet may result in serious bodily
injury, death, or property damage.
General Precautions
There are several simple guidelines to operating
your tablet properly and maintaining safe,
satisfactory service.
+To maximize performance, do not touch the
bottom portion of your tablet where the internal
antenna is located while using the tablet.
+Speak directly into the mouthpiece.
+Avoid exposing your tablet and accessories
to rain or liquid spills. If your tablet does get
wet, immediately turn the power off and remove
thebattery.
+Do not expose your tablet to direct sunlight
for extended periods of time (such as on the
dashboard of a car).
+Although your tablet is quite sturdy, it is a complex
piece of equipment and can be broken. Avoid
dropping, hitting, bending, or sitting on it.
+Any changes or modifications to your tablet not
expressly approved in this document could void
your warranty for this equipment and void your
authority to operate this equipment.
Note: For the best care of your device, only
authorized personnel should service your
tablet and accessories. Failure to do so may
be dangerous and void your warranty.
2 Important Safety Information Important Safety Information 3
Maintaining Safe Use of and Access
toYour Tablet
Do Not Rely on Your Tablet for EmergencyCalls
Mobile tablets operate using radio signals, which
cannot guarantee connection in all conditions.
Therefore you should never rely solely upon any
mobile tablet for essential communication (e.g.,
medical emergencies). Emergency calls may not
be possible on all cellular networks or when certain
network services or mobile tablet features are
in use. Check with your local service provider for
details.
Using Your Tablet While Driving
Talking on your tablet while driving (or operating the
tablet without a hands-free device) is prohibited
in some jurisdictions. Laws vary as to specific
restrictions. Remember that safety always comes
first.
Following Safety Guidelines
To operate your tablet safely and efficiently, always
follow any special regulations in a given area. Turn
your tablet off in areas where use is forbidden or
when it may cause interference ordanger.
Using Your Tablet Near Other Electronic
Devices
Most modern electronic equipment is shielded from
radio frequency (RF) signals. However, RF signals
from wireless tablets may affect inadequately
shielded electronic equipment.
RF signals may affect improperly installed
or inadequately shielded electronic operating
systems or entertainment systems in motor
vehicles. Check with the manufacturer or their
representative to determine if these systems are
adequately shielded from external RF signals.
Also check with the manufacturer regarding any
equipment that has been added to your vehicle.
4 Important Safety Information
Consult the manufacturer of any personal medical
devices, such as pacemakers and hearing aids,
to determine if they are adequately shielded from
external RF signals.
Note: Always turn off the tablet in healthcare facilities,
and request permission before using the tablet
near medical equipment.
Turning Off Your Tablet Before Flying
Turn off your tablet before boarding any aircraft. To
prevent possible interference with aircraft systems,
the U.S. Federal Aviation Administration (FAA)
regulations require you to have permission from a
crew member to use your tablet while the plane is
on the ground. To prevent any risk of interference,
FCC regulations prohibit using your tablet while the
plane is in the air.
Turning Off Your Tablet in Dangerous Areas
To avoid interfering with blasting operations,
turn your tablet off when in a blasting area or in
other areas with signs indicating two-way radios
should be turned off. Construction crews often use
remote-control RF devices to set off explosives.
Turn your tablet off when you’re in any area that has
a potentially explosive atmosphere. Although it’s
rare, your tablet and accessories could generate
sparks. Sparks can cause an explosion or fire,
resulting in bodily injury or even death. These areas
are often, but not always, clearly marked. They
include:
+Fueling areas such as gas stations.
+Below deck on boats.
+Fuel or chemical transfer or storage facilities.
+Areas where the air contains chemicals or
particles such as grain, dust, or metal powders.
+Any other area where you would normally be
advised to turn off your vehicle’s engine.
Note: Never transport or store flammable gas,
flammable liquids, or explosives in the
compartment of your vehicle that contains
yourtablet or accessories.
4 Important Safety Information Important Safety Information 5
Restricting Children’s Access to Your Tablet
Your tablet is not a toy. Do not allow children to play
with it as they could hurt themselves and others,
damage the tablet may increase your invoice.
Caring for the Battery
Please note your tablet is a unibody device,
the back cover and battery are not removable.
Observe the following precautions for battery use:
+Do not attempt to open the back cover and
replace the inner rechargeable Li-polymer
battery. Please contact the dealer to replace it.
+Do not attempt to eject, replace, or open battery.
+Do not puncture the back cover of your device.
+Do not burn or dispose of your device in
household garbage or store it at temperature
above 50°C.
+Dispose of used batteries according to the
instructions.
This symbol on your device, the battery,
and the accessories means that these
products must be taken to collection points
at the end of their life:
+Municipal waste disposal centers with
specific bins for these items of equipment.
+Collection bins at points of sale.
They will then be recycled, preventing substances
being disposed of in the environment, so that their
components can be reused.
In European Union countries:
These collection points are accesible free of
charge.
All products with this sign must be brought to these
collection points.
6 Important Safety Information
In non-European Union jurisdictions:
Items of equipment with this symbol are not to
be thrown into ordinary bins if your jurisdiction or
your region has suitable recycling and collection
facilities; instead they are to be taken to collection
points for them to be recycled.
Chargers
Chargers will operate within the temperature range
of: 0°C to 40°C.
The chargers designed for your device meet with
the standard for safety of information technology
equipment and office equipment use. They
are also compliant to the eco design directive
2009/125/EC. Due to different applicable electrical
specifications, a charger you purchased in one
jurisdiction may not work in another jurisdiction.
They should be used for this purpose only.
The charger shall be installed near the device and
shall be easily accessible.
Radio Frequency (RF) Energy
Understanding How Your Tablet Operates
Your tablet is basically a radio transmitter and
receiver. When it’s turned on, it receives and
transmits radio frequency (RF) signals. When you
use your tablet, the system handling your call
controls the power level. This power can range
from 0.006 watt to 0.2 watt in digital mode.
Knowing Radio Frequency Safety
The design of your tablet complies with updated
NCRP standards described below.
In 1991–92, the Institute of Electrical and
Electronics Engineers (IEEE) and the American
National Standards Institute (ANSI) joined in
updating ANSI’s 1982 standard for safety levels
with respect to human exposure to RF signals.
More than 120 scientists, engineers and physicians
from universities, government health agencies and
industries developed this updated standard after
6 Important Safety Information Important Safety Information 7
reviewing the available body of research. In 1993,
the Federal Communications Commission (FCC)
adopted this updated standard in a regulation. In
August 1996, the FCC adopted hybrid standard
consisting of the existing ANSI/IEEE standard and
the guidelines published by the National Council of
Radiation Protection and Measurements (NCRP).
Body-Worn Operation
To maintain compliance with FCC RF exposure
guidelines, if you wear a tablet on your body, use a
Boost-supplied or Boost-approved carrying case,
holster or other body-worn accessory. If you do not
use a body-worn accessory, ensure the antenna
is at least 1.3 centimeters from your body when
transmitting. Use of non-approved accessories
may violate FCC RF exposure guidelines.
For more information about RF exposure, visit the
FCC website at fcc.gov.
Specific Absorption Rates (SAR) for Wireless
Tablets
The SAR value corresponds to the relative amount
of RF energy absorbed into the head of a user of a
wireless device.
The SAR value of a tablet is the result of an extensive
testing, measuring and calculation process. It does
not represent how much RF the tablet emits. All
tablet models are tested at their highest value in
strict laboratory settings. But when in operation,
the SAR of a tablet can be substantially less than
the level reported to the FCC. This is because of a
variety of factors including its proximity to a base
station antenna, tablet design and other factors.
What is important to remember is that each tablet
meets strict federal guidelines. Variations in SARs
do not represent a variation in safety.
All tablets must meet the federal standard, which
incorporates a substantial margin of safety. As
stated above, variations in SAR values between
different model tablets do not mean variations in
8 Important Safety Information
safety. SAR values at or below the federal standard
of 1.6 W/kg are considered safe for use by the
public.
The highest reported SAR values of the ALCATEL
onetouch Pixi3(7)9007T are:
Body-worn: 1.39 W/kg (1 g)
FCC Radio Frequency Emission
This tablet meets the FCC Radio Frequency
Emission Guidelines.
FCC ID number: 2ACCJB010
More information on the tablet’s SAR can
be found from the following FCC website:
http://fcc.gov/oet/ea/.
FCC Notice
This device complies with Part 15 of the FCC Rules.
Operation is subject to the following two conditions:
(1) this device may not cause harmful interference,
and (2) this device must accept any interference
received, including interference that may cause
undesired operation.
Changes or modifications not expressly approved
by the party responsible for compliance could void
the user’s authority to operate the equipment.
Note: This equipment has been tested and found to
comply with the limits for a Class B digital device,
pursuant to Part 15 of the FCC Rules.
These limits are designed to provide reasonable
protection against harmful interference in a
residential installation. This equipment generates,
uses and can radiate radio frequency energy and,
if not installed and used in accordance with the
instructions, may cause harmful interference to
radio communications.
However, there is no guarantee that interference
will not occur in a particular installation.
If this equipment does cause harmful interference
to radio or television reception, which can be
determined by turning the equipment off and on, the
8 Important Safety Information Important Safety Information 9
user is encouraged to try to correct the interference
by one or more of the followingmeasures:
+Reorient the direction of the internal antenna.
+Increase the separation between
the equipment and receiver.
+Connect the equipment into an outlet
on a circuit different from that to
which the receiver isconnected.
+Consult the dealer or an experienced
radio/TV technician for help.
Owner’s Record
The model number, regulatory number, and serial
number are located on a nameplate inside the
battery compartment. Record the serial number in
the space provided below. This will be helpful if you
need to contact us about your tablet in thefuture.
Model:
ALCATEL onetouch Pixi3(7)9007T
Serial No.:
10 Manufacturer's Warranty
MANUFACTURER’S
WARRANTY
Your device has been designed to provide you with
reliable, worry-free service. If for any reason you
have a problem with your equipment, please refer
to the manufacturer’s warranty in this section.
Manufacturer’s Warranty
Your device is warranted against any defect or
malfunctioning which may occur in conditions of
normal use during the warranty period of twelve (12)
months (1) from the date of purchase as shown on
your original invoice.
Batteries (2) and accessories sold with your device
are also warranted against any defect which may
occur during the first six (6) months (1) from the date
of purchase as shown on your original invoice. In
case of any defect of your device which prevents
you from normal use thereof, you must immediately
inform your vendor and present your device with
your proof of purchase.
(1) The warranty period may vary depending on
your country.
(2) The life of a rechargeable mobile device battery
in terms of conversation time standby time, and
total service life, will depend on the conditions
of use and network configuration. Batteries
being considered expendable supplies, the
specifications state that you should obtain
optimal performance for your device during
the first six months after purchase and for
approximately 200 more recharges.
If the defect is confirmed, your device or part
thereof will be either replaced or repaired, as
appropriate. Repaired device and accessories are
entitled to a one (1) month warranty for the same
defect. Repair or replacement may be carried
out using reconditioned components offering
equivalent functionality.
This warranty covers the cost of parts and labor but
excludes any other costs.
10 Manufacturer's Warranty Manufacturer's Warranty 11
This warranty shall not apply to defects to your
device and/or accessory due to (without any
limitation):
1) Non-compliance with the instructions for use
or installation, or with technical and safety
standards applicable in the geographical area
where your device is used;
2) Connection to any equipment not supplied or
not recommended by TCL Communication Ltd. ;
3) Modification or repair performed by individuals
not authorized by TCL Communication Ltd. or its
affiliates or your vendor;
4) Modification, adjustment or alteration of
software or hardware performed by individuals
not authorized by TCL Communication Ltd. ;
5) Inclement weather, lightning, fire, humidity,
infiltration of liquids or foods, chemical products,
download of files, crash, high voltage, corrosion,
oxidation, etc.
Your device will not be repaired in case labels or
serial numbers (IMEI/SN)have been removed or
altered.
There are no express warranties, whether written,
oral or implied, other than this printed limited
warranty or the mandatory warranty provided by
your country or jurisdiction.
In no event shall TCL Communication Ltd. or any
of its affiliates be liable for indirect, incidental
or consequential damages of any nature
whatsoever,including but not limited commercial
or financial loss or damage,loss of data or loss of
image to the full extent those damages can be
disclaimed by law.
Some countries/states do not allow the exclusion
or limitation of indirect, incidental or consequential
damages, or limitation of the duration of implied
warranties, so the preceding limitations or
exclusions may not apply to you.
12 General Terms and Conditions of Service effective 7-1-13
GENERAL TERMS
AND CONDITIONS OF
SERVICE
Please note that these terms may not be the most
current version. A current version of the terms is
available at boostmobile.com or upon request. For
further information on Boost Mobile plans, products,
and services go to boostmobile.com or email
Boostmobilecustomerassistance@boostmobile.
com.
Para solicitar esta literatura en español, por favor
visitar espanol.boostmobile.com.
Basic Definitions
In this document: (1) “we,” “us,” “our,” and “Boost”
mean Sprint Solutions, Inc., as contracting agent
on behalf of the applicable Sprint affiliated entities
providing the Products and Services; (2) “you,”
“your,” “customer,” and “user” mean an account
holder or user with us; (3) “Device” means any
tablet, 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
our offers, rate or service plans, options, wireless
services, billing services, applications, programs,
products, software, or Devices on your account
with us. “Service(s)” also includes any other product
or service that we offer or provide to you that
references these General Terms and Conditions of
Service (“Ts&Cs”).
The Service Agreement
These Ts&Cs are part of your service agreement
with us (the “Agreement”) and constitute a
contract under which we provide you Services
under terms and conditions that you accept.
THIS AGREEMENT CONTAINS A MANDATORY
ARBITRATION PROVISION WITH A CLASS WAIVER,
12 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 13
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 tablet 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 that we may provide to you; and (iv) the
terms set forth in the coverage map brochures. It is
important that you carefully read all of the terms of
the Agreement.
Additional Terms
Additional terms will apply when you use certain
applications, programs, Devices, and services, and
these terms will be provided to you prior to your use
of the items. Depending on who provides the items,
the terms may come from Boost 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. Boost is not responsible for these
third-party items and associated terms.
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 any
time with or without notice.
14 General Terms and Conditions of Service effective 7-1-13
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,
for example, 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.
Service Activation
To activate the Service, you must both activate your
account and establish an appropriate account
balance to pay for pay-per-use charges and
applicable subscription charges (defined in the
“Types of Charges” section) based on the service
plan you select. To establish an account balance,
pay a subscription charge, or make any other
appropriate payments, follow the instructions
provided with the equipment; at boostmobile.com;
or through Boost Customer Care.
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 Under The
Agreement” section). If you continue to access
or use our Services or increase your account
balance on or after the effective date of a change,
14 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 15
you accept the change. Do not access or use our
Services after the effective date of a change if you
decide to reject the change and terminate Service.
You will not be entitled to any credit for the unused
portion of your account balance if you decide to
terminate Service in response to a change to the
Agreement.
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) failure to have or maintain an
appropriate account balance for applicable
charges; (b) harassing/threatening/abusing/
offending our employees or agents; (c) providing
false or inaccurate information; (d) interfering with
our operations; (e) using/suspicion of using Services
in any manner restricted by or inconsistent with
the Agreement and Policies; (f) breaching, failing
to follow, or abusing the Agreement or Policies;
(g) modifying a Device from its manufacturer
specifications (for example, rooting the device); or
(h) 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 certain charges.
The effective date of any changes will depend on
our Policies, the old Services, and the requested
Services. We will not credit or refund any subscription
or other charges as a result of a change in Services.
We may, but are not obligated to, provide you the
opportunity to authorize someone else to make
changes to your Services. 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.
16 General Terms and Conditions of Service effective 7-1-13
Restrictions On Using Services
You can’t use our Services: (a) in a way that could
cause damage or adversely affect any of our other
customers or our reputation, networks, property, or
Services; or (b) in any way prohibited by the terms
of our Services, the Agreement, or our Policies.
You cannot in any manner resell the Services to
another party. For additional restrictions on the
use of our Services, see our Acceptable Use Policy
and Visitors Agreement, which are available on our
website, and the detailed plan or other information
on Services that we provide or refer you to during
the sales transaction.
Your Device, Number, & Email Address
We don’t manufacture any Device that we might
sell to you or that is associated with our Services,
and we aren’t responsible for any defects, acts, or
omissions of the manufacturer. The only warranties
on your Device are the limited warranties given to
you by the manufacturer directly or that we pass
through. Device performance may vary based
on device specifications (for example, a device’s
software, memory, and storage), and device
performance may impact access to all of our
Services. This Device is sold exclusively for use
with our Service and in other coverage areas that
we may make available to you. As programmed,
it will not accept wireless service from another
carrier. Except for any legal right you may have to
port/transfer your phone number to another carrier,
you have no—and cannot gain any (for example,
through publication, use, etc.)—proprietary,
ownership, or other rights to any phone number,
identification number, email address, or other
identifier that we assign to you, your Device, or your
account. We’ll notify you if we decide to change or
reassign them.
16 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 17
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.
Coverage; Where Your Device
Will Work; Service Speeds
Our coverage maps are available at our authorized
retail locations or boostmobile.com. The specific
network coverage you get will depend on the radio
transmissions your Device can pick up and Services
you’ve chosen. Our coverage maps provide high
level estimates of our coverage areas when using
Services outdoors under optimal conditions.
Coverage isn’t available everywhere. Coverage
and Service speeds are not guaranteed. Coverage
is subject to change without notice. Service speeds
may depend on the Service purchased. Actual
speeds will vary. Estimating wireless coverage,
signal strength, and Service speed is not an exact
science. There are gaps in coverage within our
estimated coverage areas that—along with other
factors both within and beyond our control (for
example, network problems, network or Internet
congestion, software, signal strength, your
Device, structures, buildings, weather, geography,
topography, server speeds of the websites you
access, actions of third parties, etc.) —may result in
dropped and blocked connections, slower Service
speeds, or otherwise impact the quality of Service.
Services that rely on location information, such as
E911 and GPS navigation, depend on your Device’s
ability to acquire satellite signals (typically not
available indoors) and network coverage. While
your Device is receiving a software update, you
may be unable to use your Device in any manner
until the software update is complete.
18 General Terms and Conditions of Service effective 7-1-13
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 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
18 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 19
any Data Content that you access through your
Services, that you load on your Device, or that you
request that our representatives access or load on
your Device. To protect our networks and Services
or for other reasons, we may place restrictions on
accessing certain Data Content (such as certain
websites, applications, etc.); impose separate
charges; limit throughput or the amount of data
that you can transfer; or otherwise limit or terminate
Services. If we provide you storage for Data Content
that you have purchased, then we may delete the
Data Content without notice or place restrictions/
limits on the use of storage areas. Data Content
stored on a Device, transmitted over our networks,
or stored by Boost may be deleted, modified, or
damaged. You may not be able to make or receive
voice calls while using data Services. Data Content
provided by our vendors or third parties is subject
to cancellation or termination at any time without
notice to you, and you may not receive a refund for
any unused portion of the Data Content.
Specific Terms & Restrictions
On Using Data Services
In addition to the rules for using all of our other
Services, unless we identify the Service or Device
that you have selected as specifically intended for
that purpose (for example, wireless routers, Data
Link, etc.), you can’t use our data Services: (1) with
server devices or host computer applications, or
other systems that drive continuous, heavy traffic
or data sessions; (2) as a substitute or backup
for private lines or frame relay connections; or (3)
for any other unintended use as we determine in
our sole discretion. We reserve the right to limit,
suspend, or constrain any heavy, continuous
data usage that adversely impacts our networks’
performance or hinders access to our networks. If
your Services include Web or data access, you also
can’t use your Device as a modem for computers or
other equipment, unless we identify the Service or
Device you have selected as specifically intended
for that purpose (for example, with “phone as
20 General Terms and Conditions of Service effective 7-1-13
modem” plans, mobile broadband card plans,
wireless router plans, etc.).
Software License
If Boost provides you software as part of the
Service and there are not software license terms
provided with the software (by Boost or by a third
party), then Boost 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. Boost
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, etc.). You will be provided notice of these
types of fees before we complete the requested
transaction.
Usage Charges
The types of charges that you incur will vary
depending on the Service used and your service
plan. You are responsible for the Services on
your account and associated charges, including
charges made by a person you permit to have
direct or indirect access to your device even if you
did not authorize its use. Charges may include,
but are not limited to, prepayment for service
charges; charges for additional services; and
taxes, surcharges, and fees associated with your
Services. For the actual usage charges applicable
to your Service, see the detailed plan or other
information we provide or refer you to during the
sales transaction or on our website. Depending
20 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 21
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 Device, you authorize
end users to access, download, and use Services.
You will generally be charged for use of Services
before or at the time of use in accordance with
your service plan. In certain instances, we may
charge at some point after you use the Service.
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). Charges are generally deducted
from your account balance (for example, pay-per-
use charges, subscription charges, etc.), though in
some instances you may be able to pay for certain
Services through a credit card, debit card, or other
payment method. If you have incurred charges or
fees that were not charged prior to your account
balance reaching a zero balance, we may deduct
these outstanding, unpaid charges and fees from
any subsequent amounts you add to your account
balance.
Types of Charges
We typically assess the following types of
charges: (1) “pay-per-use charges,” which are
charges assessed each time a Service is used;
(2) “subscription charges,” which are charges that
allow you access to a Service or provide you a
certain amount of use of a Service for a defined
period of time. Subscription charges for Services
end at 11:59 p.m., in the time zone in which your
phone number is based, on the last day of your
subscription period. Also, depending on your
Service, certain types of subscription charges
may be assessed automatically upon activation
and automatically assessed for subsequent
subscription periods; and (3) “download charges,”
which are charges assessed when you download
22 General Terms and Conditions of Service effective 7-1-13
or access content, which we collect on behalf of
ourselves or third-party content providers.
How We Calculate Your Charges
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. You’re charged for the entire call
based on the rate that applies to the time period in
which the call starts. However, the types of charges
actually deducted from your account balance will
vary depending on your Service. Call time data
displayed on your Device may be inaccurate and
may not be relied upon for determining charges
to your account. Call time for a single call may be
limited. If the call exceeds the limit, then it may be
automatically terminated.
Data Usage: Depending on your Service, you may
be charged for 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
22 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 23
data sessions you did not initiate and for incomplete
transfers. As long as your Device is connected to
our data networks, you may incur data charges.
Examples of data for which you will be charged
includes the size of a requested file or Data Content
(game, ringer, etc.); Web page graphics (logos,
pictures, banners, advertisement, etc.); additional
data used in accessing, transporting, and routing the
file on our network; data from partial or interrupted
downloads; re-sent data; and data associated with
unsuccessful attempts to reach websites or use
applications. These data charges are in addition to
any charges for the Data Content itself (game, ringer,
etc.). Data used and charged to you will vary widely,
even between identical actions or data sessions.
Estimates of data usage—for example, the size of
downloadable files—are not reliable predictors of
actual usage.
Taxes & Government Fees
You agree to pay all federal, state, and local taxes,
fees, and other assessments that we’re required
by law to collect and remit to the government on
the Services that we provide to you. These charges
may change from time to time without advance
notice.
Surcharges
You agree to pay all Boost 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
and may vary depending upon the location of the
transaction or the primary account address of
the payment method or 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
24 General Terms and Conditions of Service effective 7-1-13
amounts. We will provide you notice of any changes
to Surcharges in a manner consistent with this
Agreement (see “Providing Notice To Each Other
Under The Agreement” section). However, because
some Surcharges are based on amounts set by the
government or based on government formulas,
it will not always be possible to provide advance
notice of new Surcharges or changes in the amount
of existing Surcharges. Information on Surcharges
is provided during the sales transaction and is
available on our website.
Disputing Charges
Any dispute to a charge that we assess you must
be made in writing within 60 days of the date we
deduct the charge from your account balance. You
accept all charges not properly disputed within the
above time period.
About Account Balances
To keep your account active and avoid service
interruptions, you must either maintain a positive
account balance at all times or pay any applicable
subscription charges (depending on your service
plan). Account balances are not transferable,
redeemable for cash, or refundable; that is, once
you make payment on your account, you are
provided a credit on your account that can only be
used to pay for our Services during the effective
period, which varies depending on your service
plan. Positive account balances are forfeited if they
are not used within the effective period specified
in your service plan (if you properly replenish your
account balance during the effective period,
the effective period restarts). If you do not use
your account balance during the effective period,
your account balance will expire and you will
not be entitled to a refund or service credit. Your
Service will be interrupted if you fail to maintain a
positive account balance or timely pay applicable
24 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 25
subscription charges for each effective period.
When this service interruption occurs, you will be
given a period of time (which varies depending
on your service plan) to make any appropriate
payments on your account. If you do not make such
payments within this time period, your account
will be cancelled. If your account is cancelled, you
will lose any phone number, identification number,
or email address associated with your account.
Reactivation fees will apply if you choose to restart
Service after cancellation. There may be limits over
which your account balance may not exceed. See
the detailed plan or other information we provide
or refer you to during the sales transaction (also
available at boostmobile.com) for the account
status rules that apply to your Service.
Switching between Service Plans
Unless otherwise provided in the detailed plan or
other information we provide or refer you to during
the sales transaction, you may switch to any current
service plan. If you switch service plans, you may
not receive a refund of any portion of any previously
paid service charges and you may lose all of your
remaining unused minutes, messages, and data
allotment. Some service plans are available only on
certain tablets. Check boostmobile.com for details
and options.
No Refunds of Re-Boost and Monthly
Charges
We are not responsible for, nor do we refund, lost,
stolen, misused, or damaged Re-Boost cards.
We do not accept returns of or provide refunds
for Re-Boost cards. Please ask your retailer any
questions regarding its return policy. Re-Boost
cards must be applied to your account within the
time specified on the card. All Re-Boost sales are
final and non-refundable regardless of who uses or
possesses your mobile tablet or Device after you
purchase services, and regardless of whether the
26 General Terms and Conditions of Service effective 7-1-13
mobile tablet or Device is used with your consent
or knowledge.
Establishing or Replenishing Account
Balances
Information on how you can establish and maintain
an account balance will be provided at activation
and is also available at boostmobile.com or through
Boost Customer Care. The replenishment methods
available to you will depend on the terms of your
Services. A fee may apply to certain replenishment
methods. Some service plans may provide for
automatic account balance replenishment
through, for example, automatic billing to a credit
card or debit card or automatic debit from an
eligible account with a financial institution.
Payment through these methods may be subject to
limitations, including, but not limited to, the number
of times an account may be debited or charged
in a particular time period; the amount that may
be debited or charged from an account; or other
limitations imposed by us or the financial institution
that holds the account.
Protecting Our Networks & Services
We can take any action to: (1) protect our networks,
our rights and interests, or the rights of others;
or (2) optimize or improve the overall use of our
networks and Services. Some of these actions may
interrupt or prevent legitimate communications
and usage—for example, message filtering/
blocking software to prevent spam or viruses;
limiting throughput; limiting access to certain
websites, applications or other Data Content;
prohibitions on unintended uses (for example, use
as a dedicated line or use as a monitoring service);
etc. For additional information on what we do to
protect our customers, networks, Services and
equipment, see our Acceptable Use Policy and
Visitors Agreement at our website.
26 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 27
Your Privacy
Our Privacy Policy is available at boostmobile.com/
privacy. 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 Boost may, in our
sole discretion, treat any person who presents your
credentials that we deem sufficient for account
access as you or an authorized user on the
account for disclosure of information or changes
in Service. You agree that we may contact you
for Service-related reasons through the contact
information that you provide, through the Services
or Devices to which you subscribe, or through
other available means, including text message,
email, fax, recorded message, mobile, residential
or business tablet, 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 Boost
representative, we may rely on contacting your
28 General Terms and Conditions of Service effective 7-1-13
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 Boost 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 Boost to provide information related
to your use of the Services or the application(s).
You understand that your use of third-party
applications is subject to the third party’s terms
and conditions and policies, including its privacy
policy. Be sure that you have reviewed and are
comfortable with the third party’s policies before
using its application on your device.
Information on Devices: Your Device may contain
sensitive or personal information (for example,
pictures, videos, passwords, or stored credit
card numbers). Boost 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
28 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 29
provided by us or a third party. Network coverage
or environmental factors (such as structures,
buildings, weather, geography, landscape, and
topography) can significantly impact the ability to
access your Device’s location information and use
of location-enabled services.
You agree that any authorized user may access,
use, or authorize Boost 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 tablets, depending on
a number of factors (for example, whether your
Device is GPS-enabled, where you are, whether
local emergency service providers have upgraded
their equipment, etc.), 911 operators may not
know your phone number, your location, or the
location of your Device. In certain circumstances,
an emergency call may be routed to a state
patrol dispatcher or alternative location set by
local emergency service providers. Enhanced
911 service (“E911”)—where enabled by local
emergency authorities—uses GPS technology to
provide location information. Even when available,
however, E911 does not always provide accurate
location information. If your Device is indoors or
for some other reason cannot acquire a satellite
signal, you may not be located. Some Devices
have a safety feature that prevents use of the
keypad after dialing 911—you should follow voice
prompts when interacting with emergency service
30 General Terms and Conditions of Service effective 7-1-13
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
so we can freeze your account. You may be
responsible for usage charges before 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 credit
or refund any account balance if you choose to
terminate Services as a result of loss or theft of
your Device. If you do not either activate a new
device or notify us that you have found your Device
within 60 days from the date we froze your account,
your account will be deactivated, we may assess a
charge equal to the balance in your account (which
is not refundable), and, if applicable, you will lose
your phone number.
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. BOOST
PROVIDES ALL SOFTWARE AND APPLICATIONS
ON AN “AS IS” BASIS WITH ALL FAULTS, ERRORS,
AND DEFECTS.
You Agree That We Are Not Responsible
For Certain Problems
You agree that neither we nor our parent, subsidiary,
or affiliate companies, nor our vendors, suppliers,
30 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 31
or licensors are responsible for any damages,
delay, interruption or other failure to perform
resulting from: (a) anything done or not done by
someone else; (b) providing or failing to provide
Services, including, but not limited to, deficiencies
or problems with a Device or network coverage
(for example, dropped, blocked, interrupted
Services, etc.); (c) traffic or other accidents, or
any health-related claims relating to our Services;
(d) Data Content or information accessed while
using our Services; (e) an interruption or failure in
accessing or attempting to access emergency
services from a Device, including through 911,
Enhanced 911 or otherwise; (f) interrupted, failed,
or inaccurate location information services; (g)
information or communication that is blocked by
a spam filter; (h) damage to your Device or any
computer or equipment connected to your Device,
or damage to or loss of any information stored
on your Device, computer, equipment, or Boost
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 backup
your information stored on each.
You Agree That Our Liability Is Limited
- No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY
FOR MONETARY DAMAGES FOR ANY CLAIMS
THAT YOU MAY HAVE AGAINST US IS LIMITED TO
NO MORE THAN THE PROPORTIONATE AMOUNT
OF THE SERVICE CHARGES ATTRIBUTABLE
TO THE AFFECTED PERIOD. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
MULTIPLE, OR SPECIAL DAMAGES OF ANY
NATURE WHATSOEVER ARISING OUT OF OR
32 General Terms and Conditions of Service effective 7-1-13
RELATED TO PROVIDING OR FAILING TO PROVIDE
SERVICES IN CONNECTION WITH A DEVICE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
LOSS OF BUSINESS, OR COST OF REPLACEMENT
PRODUCTS AND SERVICES.
DISPUTE RESOLUTION
ANDARBITRATION
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 Boost 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 Boost agree that the dispute will be
resolved through individual binding arbitration
or small claims court, instead of courts of
general jurisdiction.
Mandatory Arbitration and Waiver of Class
Action
Instead of suing in court, you and Boost agree to
arbitrate all Disputes (as defined below) on an
individual, non-representative, basis. You agree
that, by entering into this Agreement, you and
Boost 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
32 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 33
related in any way to or arising out of in any way
our Services or the Agreement, including, but
not limited to, coverage, Devices, billing services
and practices, policies, contract practices
(including enforceability), service claims,
privacy, or advertising, even if the claim arises
after Services have terminated. Disputes also
include, but are not limited to, claims that: (a)
you or an authorized or unauthorized user of the
Services or Devices bring against 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 Boost 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 Boost, 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 Boost; (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 Boost each agree to first provide
to the other a written notice (“Notice of Dispute”),
which shall contain: (a) a written description
of the problem and relevant documents and
supporting information; and (b) a statement of
the specific relief sought. A Notice of Dispute
to Boost should be sent to:
General Counsel;
Arbitration Office; 12502 Sunrise Valley Drive,
Mailstop VARESA0202-2C682; Reston, Virginia
20191
. Boost will provide a Notice of Dispute
to you in accordance with the “Providing
Notice To Each Other Under The Agreement”
section of this Agreement. Boost will assign
a representative to work with you and try to
34 General Terms and Conditions of Service effective 7-1-13
resolve your Dispute to your satisfaction. You
and Boost 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 Boost may
commence an arbitration proceeding or small
claims action.
Arbitration Terms, Process, Rules and
Procedures
(1) Unless you and Boost agree otherwise,
the arbitration will be conducted by a single,
neutral arbitrator and will take place in the
county of the last billing address of the Service.
The arbitration will be governed by either: (a)
rules that we mutually agree upon; or (b) the
JAMS Comprehensive Arbitration Rules &
Procedures (the “JAMS Rules”), as modified by
this agreement to arbitrate, including the rules
about the filing, administration, discovery and
arbitrator fees. The JAMS rules are available on
its website at jamsadr.com. Notwithstanding any
JAMS Rule to the contrary or any other provision
in arbitration rules chosen, by agreement, to
govern the arbitration, we each agree that all
issues regarding the Dispute are delegated
to the arbitrator to decide, except that only
a court (and not the arbitrator) shall decide
any disagreements regarding the scope and
enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act (“FAA”) applies
to this Agreement and arbitration provision. We
each agree that the FAA’s provisions—not state
law—govern all questions of whether a Dispute
is subject to arbitration. To the extent that this
agreement to arbitrate conflicts with the JAMS
Policy on Consumer Arbitrations Pursuant to
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
34 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 35
or allow you or Boost to arbitrate on a class-wide,
representative or consolidated basis.
(3) The arbitrator may award declaratory or
injunctive relief only in favor of the individual party
seeking relief and only to the extent necessary
to provide relief warranted by that party’s
individual claim. YOU AND BOOST 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 Boost 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. Boost will pay for any filing or
case management fees associated with the
arbitration and the professional fees for the
arbitrator’s services.
(5) An arbitrator’s award will be a written
statement of the disposition of each claim and
will also provide a concise written statement of
the essential findings and conclusions which
form the basis of the award. The arbitrator’s
decision and award is final and binding, with
some limited court review under the FAA, and
judgment on the award may be entered in any
court with jurisdiction.
(6) As an alternative to arbitration, we may resolve
Disputes in small claims court in the county of
your most recent billing address. In addition,
this arbitration agreement does not prevent you
from bringing your Dispute to the attention of
any federal, state, or local government agency.
Such agencies can, if the law allows, seek relief
against Boost on your behalf.
36 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 37
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, COUNTERCLAIM 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 CAPACITY
ON BEHALF OF ANYONE ELSE IN ANY OTHER
PROCEEDING.
Indemnification
You agree to indemnify, defend, and hold Boost
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.
36 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 37
Providing Notice To Each Other Under
The Agreement
Except as the Agreement specifically provides
otherwise, you must deliver written notice
to us by mail to
Attn: Boost, NSSG SBU, 1084
Laurel Rd., London, KY 40744
or email to
Boostmobilecustomerassistance@boostmobile.
com. We will provide you notice by correspondence
to your last known address in our records, to any
fax number or email address you’ve provided us,
by calling you on your Device or any other phone
number you’ve provided us, by voice message on
your Device or any other phone number you’ve
provided us, or by text message on your Device.
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 area code assigned to your
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 Devices or Services to another party.
You cannot export any Device. 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
38 General Terms and Conditions of Service effective 7-1-13
that—by their nature—would logically continue
beyond the termination of Services (for example,
those relating to billing, payment, 911, dispute
resolution, no class action, no jury trial) survive
termination of Services.
[End General Terms and Conditions of Service]
38 General Terms and Conditions of Service effective 7-1-13
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