TCL Communication N003 CDMA + LTE mobile phone for Sprint User Manual Boost Important Information english draft13 20150529 for IEEE
TCL Communication Ltd. CDMA + LTE mobile phone for Sprint Boost Important Information english draft13 20150529 for IEEE
Boost Important Information_english_draft13_20150529_for IEEE
Important Information
for the ALCATEL
ONETOUCH Conquest
2 Important Safety Information Important Safety Information 3
IMPORTANT SAFETY
INFORMATION
This booklet contains important operational
and safety information that will help you safely
use your phone. Failure to read and follow the
information provided in this booklet may result in
serious bodily injury, death, or property damage.
General Precautions
There are several simple guidelines to operating
your phone properly and maintaining safe,
satisfactory service.
+ To maximize performance, do not touch the
bottom portion of your phone where the internal
antenna is located while using the phone.
+ Speak directly into the mouthpiece.
+ Avoid exposing your phone and accessories to
rain or liquid spills. If your phone does get wet,
immediately turn the power off and remove
the battery.
+ Do not expose your phone to direct sunlight
for extended periods of time (such as on the
dashboard of a car).
+ Although your phone is quite sturdy, it is a
complex piece of equipment and can be
broken. Avoid dropping, hitting, bending, or
sitting on it.
+ Any changes or modifications to your phone not
expressly approved in this document could void
your warranty for this equipment and void your
authority to operate this equipment.
Note: For the best care of your device, only authorized
personnel should service your phone and
accessories. Failure to do so may be dangerous
and void your warranty.
Maintaining Safe Use of and
Access to Your Phone
Do Not Rely on Your Phone for
Emergency Calls
Mobile phones operate using radio signals, which
cannot guarantee connection in all conditions.
Therefore you should never rely solely upon
any mobile phone for essential communication
(e.g., medical emergencies). Emergency calls
may not be possible on all cellular networks or
when certain network services or mobile phone
features are in use. Check with your local service
provider for details.
Using Your Phone While Driving
Talking on your phone while driving (or operating
the phone without a hands-free device) is
prohibited in some jurisdictions. Laws vary as
to specific restrictions. Remember that safety
always comes first.
Following Safety Guidelines
To operate your phone safely and efficiently,
always follow any special regulations in a given
area. Turn your phone off in areas where use is
forbidden or when it may cause interference
or danger.
Using Your Phone Near Other
Electronic Devices
Most modern electronic equipment is shielded
from radio frequency (RF) signals. However,
RF signals from wireless phones may affect
inadequately shielded electronic equipment.
RF signals may affect improperly installed or
inadequately shielded electronic operating
systems or entertainment systems in motor
vehicles. Check with the manufacturer or their
representative to determine if these systems are
adequately shielded from external RF signals.
Also check with the manufacturer regarding any
equipment that has been added to your vehicle.
4 Important Safety Information Important Safety Information 5
Restricting Children’s Access to Your Phone
Your phone is not a toy. Do not allow children to
play with it as they could hurt themselves and
others, damage the phone or make calls that
increase your invoice.
Using Your Phone With a Hearing
Aid Device
A number of Boost phones have been tested for
hearing aid device compatibility. When some
wireless phones are used with certain hearing
devices (including hearing aids and cochlear
implants), users may detect a noise which can
interfere with the effectiveness of the
hearing device.
Some hearing devices are more immune than
others to this interference noise, and phones also
vary in the amount of interference noise they may
generate. ANSI standard C63.19 was developed to
provide a standardized means of measuring both
wireless phone and hearing devices to determine
usability rating categories for both.
Ratings have been developed for mobile phones
to assist hearing device users find phones that
may be compatible with their hearing device. Not
all phones have been rated for compatibility with
hearing devices. Phones that have been rated
have a label located on the box. Your ALCATEL
ONETOUCH Conquest has an M4/T4 rating.
These ratings are not guarantees. Results will
vary depending on the user’s hearing device
and individual type and degree of hearing loss.
If a hearing device is particularly vulnerable to
interference noise; even a phone with a higher
rating may still cause unacceptable noise levels in
the hearing device. Trying out the phone with your
hearing device is the best way to evaluate it for
your personal needs.
M-Ratings: Phones rated M4 meet FCC
requirements for hearing aid compatibility and
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 phone in healthcare facilities,
and request permission before using the phone
near medical equipment.
Turning Off Your Phone Before Flying
Turn off your phone before boarding any aircraft.
To prevent possible interference with aircraft
systems, the U.S. Federal Aviation Administration
(FAA) regulations require you to have permission
from a crew member to use your phone while
the plane is on the ground. To prevent any risk of
interference, FCC regulations prohibit using your
phone while the plane is in the air.
Turning Off Your Phone in Dangerous Areas
To avoid interfering with blasting operations, turn
your phone off when in a blasting area or in other
areas with signs indicating two-way radios should
be turned off. Construction crews often use
remote-control RF devices to set off explosives.
Turn your phone off when you’re in any area that
has a potentially explosive atmosphere. Although
it’s rare, your phone and accessories could
generate sparks. Sparks can cause an explosion
or fire, resulting in bodily injury or even death.
These areas are often, but not always, clearly
marked. They include:
+ Fueling areas such as gas stations.
+ Below deck on boats.
+ Fuel or chemical transfer or storage facilities.
+ Areas where the air contains chemicals or
particles such as grain, dust, or metal powders.
+ Any other area where you would normally be
advised to turn off your vehicle’s engine.
Note: Never transport or store flammable gas,
flammable liquids, or explosives in the
compartment of your vehicle that contains your
phone or accessories.
6 Important Safety Information Important Safety Information 7
Getting the Best Hearing Device Experience
With Your Phone
To further minimize interference:
+ Set the phone’s display and keypad backlight
settings to ensure the minimum time interval:
1. Tap > > Settings > Display > Sleep.
2. Select 15 seconds to set the minimum time
interval setting.
+ Position the phone so the internal antenna is
farthest from your hearing aid.
+ Move the phone around to find the point with
least interference.
Caring for the Battery
Protecting Your Battery
The guidelines listed below help you get the most
out of your battery’s performance.
+ Recently there have been some public reports
of wireless phone batteries overheating,
catching fire, or exploding. It appears that many,
if not all, of these reports involve counterfeit
or inexpensive, aftermarket-brand batteries
with unknown or questionable manufacturing
standards. Boost is not aware of similar
problems with Boost phones resulting from
the proper use of batteries and accessories
approved by Boost or the manufacturer
of your phone. Use only Boost-approved
or manufacturer-approved batteries and
accessories found at boostmobile.com or
through your phone’s manufacturer. Buying the
right batteries and accessories is the best way
to ensure they’re genuine and safe.
+ In order to avoid damage, charge the battery
only in temperatures that range from 32° F to
104° F (0° C to 40° C).
+ Don’t use the battery charger in direct sunlight
or in high humidity areas, such as the bathroom.
are likely to generate less interference to hearing
devices than unrated phones.
T-Ratings: Phones rated T4 meet FCC
requirements and are likely to be more usable
with a hearing device’s telecoil (“T Switch” or
“Telephone Switch”) than unrated phones.
Note: New Technologies, Including Wi-Fi
This phone has been tested and rated for
use with hearing aids for some of the wireless
technologies that it uses. However, there may be
newer wireless technologies (including Wi-Fi)
used in this phone that have not been tested for
use with hearing aids.
Hearing aid devices may also be measured for
immunity to interference noise from wireless
phones and should have ratings similar to phones.
Ask your hearing healthcare professional for
the rating of your hearing aid. Add the rating of
your hearing aid and your phone to determine
probable usability:
+ Any combined rating equal to or greater than six
offers excellent use.
+ Any combined rating equal to five is considered
normal use.
+ Any combined rating equal to four is
considered usable.
Thus, if you pair an M3 hearing aid with an M3
phone, you will have a combined rating of six for
“excellent use.” This is synonymous for T ratings.
It is further suggested you experiment with
multiple phones (even those not labeled M3/T3
or M4/T4) while in the store to find the one that
works best with your hearing aid device. Should
you experience interference or find the quality
of service unsatisfactory after purchasing your
phone, promptly return it to the store.
More information about hearing aid compatibility
may be found at: fcc.gov, fda.gov, and
accesswireless.org.
8 Important Safety Information Important Safety Information 9
Radio Frequency (RF) Energy
Understanding How Your Phone Operates
Your phone is basically a radio transmitter and
receiver. When it’s turned on, it receives and
transmits radio frequency (RF) signals. When you
use your phone, the system handling your call
controls the power level.This power can range
from 0.006 watt to 0.2 watt indigital mode.
Knowing Radio Frequency Safety
The design of your phone complies with updated
NCRP standards described below.
In 1991–92, the Institute of Electrical and
Electronics Engineers (IEEE) and the American
National Standards Institute (ANSI) joined
in updating ANSI’s 1982 standard for safety
levels with respect to human exposure to RF
signals. More than 120 scientists, engineers and
physicians from universities, government health
agencies and industries developed this updated
standard after reviewing the available body of
research. In 1993, the Federal Communications
Commission (FCC) adopted this updated
standard in a regulation. In August 1996, the
FCC adopted hybrid standard consisting of the
existing ANSI/IEEE standard and the guidelines
published by the National Council of Radiation
Protection and Measurements (NCRP).
Body-Worn Operation
To maintain compliance with FCC RF exposure
guidelines, if you wear a handset on your body,
use a 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 7/16 inch (1.5 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.
+ Never dispose of the battery by incineration.
+ Don’t attempt to disassemble or short-circuit
the battery.
+ The battery may need recharging if it has not
been used for a long period of time.
Disposal of Lithium Ion (Li-Ion) Batteries
Do not handle a damaged or leaking Li-Ion
battery as you can be burned.
For safe disposal options of your Li-Ion batteries,
contact your nearest authorized service center.
Special Note: Be sure to dispose of your battery
properly. In some areas, the disposal of batteries
in household or business trash may be prohibited.
+a) Do not disassemble or open crush, bend or
deform, puncture or shred
+b) Do not modify or remanufacture, attempt to
insert foreign objects into the battery, immerse
or expose to water or other liquids, expose to
fire, explosion or other hazard.
+c) Only use the battery with a charging system
that has been qualified with the system per CTIA
Certification Requirements for Battery System
Compliance to IEEE 1725. Use of an unqualified
battery or charger may present a risk of fire,
explosion, leakage, or other hazard.
+d) Promptly dispose of used batteries in
accordance with local regulations
+e) Avoid dropping the phone or battery. If the
phone or battery is dropped, especially on a
hard surface, and the user suspects damage,
take it to a service center for inspection.
+f) Improper battery use may result in a fire,
explosion or other hazard.
The phone shall only be connected to CTIA
certified adapters, products that bear the USB-IF
logo or products that have completed the USB-IF
compliance program.
10 Important Safety Information Important Safety Information 11
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 user is encouraged to try to correct
the interference by one or more of the
following measures:
+ Reorient the direction of the internal antenna.
+ Increase the separation between the
equipment and receiver.
+ Connect the equipment into an outlet on a
circuit different from that to which the receiver
is connected.
+ Consult the dealer or an experienced radio/TV
technician for help.
Owner’s Record
The model number, regulatory number, and serial
number are located on a nameplate inside the
battery compartment. Record the serial number
in the space provided below. This will be helpful if
you need to contact us about your phone in
the future.
Model: ALCATEL ONETOUCH Conquest
Serial No.:
Specific Absorption Rates (SAR) for
Wireless Phones
The SAR value corresponds to the relative amount
of RF energy absorbed into the head of a user of a
wireless handset.
The SAR value of a phone is the result of an
extensive testing, measuring and calculation
process. It does not represent how much RF the
phone emits. All phone models are tested at
their highest value in strict laboratory settings.
But when in operation, the SAR of a phone can
be substantially less than the level reported to
the FCC. This is because of a variety of factors
including its proximity to a base station antenna,
phone design and other factors. What is important
to remember is that each phone meets strict
federal guidelines. Variations in SARs do not
represent a variation in safety.
All phones must meet the federal standard, which
incorporates a substantial margin of safety. As
stated above, variations in SAR values between
different model phones do not mean variations
in safety. SAR values at or below the federal
standard of 1.6 W/kg are considered safe for use
by the public.
The highest reported SAR values of the ALCATEL
ONETOUCH Conquest are:
Head:0.9 W/kg (1g)
Body-worn: 1.11 W/kg (1g)
FCC Radio Frequency Emission
This phone meets the FCC Radio Frequency
Emission Guidelines.
FCC ID number: 2ACCJN003
More information on the phone’s SAR can be
found from the following FCC website:
http://fcc.gov/oet/ea/
FCC Notice
This device complies with Part 15 of the FCC Rules.
Operation is subject to the following two conditions:
(1) this device may not cause harmful interference,
and (2) this device must accept any interference
12 Manufacturer's Warranty Manufacturer's Warranty 13
+ Modification or repair performed by individuals
not authorized by TCT Mobile (US), Inc. or
its affiliates;
+ Changes to the device operating system by the
user or third party applications;
+ Acts of god such as inclement weather,
lightning, power surges, fire, humidity, infiltration
of liquids or foods, chemical products,
download of files, crash, high voltage,
corrosion, oxidation;
+ Removal or altering of the wireless device’s
event labels or serial numbers (IMEI);
+ Damage from exposure to water or other liquids,
moisture, humidity, excessive temperatures
or extreme environmental conditions, sand,
excess dust and any condition outside the
operating guidelines;
+ Defects in appearance, cosmetic, decorative
or structural items such as framing and
nonoperative parts;
+ Damage as result of physical abuse regardless
of cause.
There are no express warranties, whether written,
oral or implied, other than this printed limited
warranty or the mandatory warranty provided
by your jurisdiction. In no event shall TCT Mobile
(US), Inc. or any of its affiliates be liable for
incidental or consequential damages of any
nature whatsoever, including but not limited to
commercial loss, to the full extent those damages
can be disclaimed by law. Some states do not
allow the exclusion or limitation of incidental
or consequential damages, or limitation of the
duration of implied warranties, so the preceding
limitations or exclusions may not apply to you.
How to obtain Support: Contact the customer
care center by calling 855-368-0829 or going to
www. alcatelonetouch.com/usa/. We have placed
many self-help tools that may help you to isolate
the problem and eliminate the need to send your
wireless device in for service. In the case that
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.
12 Month Limited Warranty
TCT Mobile (US), Inc. warrants to the original retail
purchaser of this wireless device that should this
product or part thereof during normal consumer
usage and condition be proven to be defective in
material or workmanship that results in product
failure within the first twelve (12) months from the
date of purchase as shown on your original sales
receipt from an authorized sales agent. Such
defect(s) will be repaired or replaced (with new
or rebuilt parts) at the company’s option without
charge for parts or labor directly related to
the defect(s).
Batteries, power adapters, and other accessories
sold as in box items are also warranted against
defects and workmanship that results in product
failure within the first six (12) months period from
the date of purchase as shown on your original
sales receipt. Such defect(s) will be repaired
or replaced (with new or rebuilt parts) at the
company’s option without charge for parts or
labor directly related to the defect(s).
The limited warranty for your wireless device will
be voided if any of the following conditions occur:
+ Non-compliance with the instructions for use
or installation, or with technical and safety
standards applicable in the geographical area
where your phone is used;
+ Connection to any equipment not supplied or
not recommended by TCT Mobile (US), Inc.;
14 Manufacturer's Warranty Manufacturer's Warranty 15
your wireless device is no longer covered by this
limited warranty due to time or condition, you may
utilize our out of warranty repair options.
How to obtain Hardware Service within the terms
of this warranty: Create a user profile (alcatel.
finetw.com) and then create an RMA for the
defective device. Ship the device with a copy
of the original proof of purchase (e.g. original
copy of the dated bill of sale, invoice) with the
owner’s return address (No PO Boxes accepted),
wireless carrier’s name, alternate daytime phone
number, and email address with a complete
problem description. Only ship the device. Do
not ship the SIM card, memory cards, or any
other accessories such as the power adapter.
You must properly package and ship the wireless
device to the repair center. TCT Mobile (US), Inc.
is not responsible for devices that do not arrive
at the service center or are damaged in transit.
Insurance is recommended with proof of delivery.
Upon receipt, the service center will verify the
warranty conditions, repair, and return your device
to the address provided in the RMA. Check the
warranty repair status by going online with the
RMA number on web portal.
16 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 17
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.
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 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 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,
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 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.
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
18 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 19
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, 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.
20 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 21
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.
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.
22 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 23
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 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
24 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 25
for computers or other equipment, unless we
identify the Service or Device you have selected
as specifically intended for that purpose (for
example, with “phone as modem” plans, 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, handset upgrades, 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
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
26 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 27
may be assessed automatically upon activation
and automatically assessed for subsequent
subscription periods; and (3) “download charges,”
which are charges assessed when you download
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 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
28 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 29
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 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 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 phones. 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
30 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 31
final and non-refundable regardless of who uses
or possesses your mobile phone or Device after
you purchase services, and regardless of whether
the mobile phone 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.
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 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
32 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 33
authentication procedures when you contact
us. For some accounts with a dedicated Boost
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 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
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 phones,
depending on a number of factors (for example,
whether your Device is GPS-enabled, where
you are, whether local emergency service
providers have upgraded their equipment, etc.),
911 operators may not know your phone number,
your location, or the location of your Device. In
certain circumstances, an emergency call may be
routed to a state patrol dispatcher or alternative
location set by local emergency service
providers. Enhanced 911 service (“E911”)—where
enabled by local emergency authorities—uses
GPS technology to provide location information.
34 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 35
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 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, 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.
36 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 37
You Agree That Our Liability Is Limited
– No Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR
LIABILITY FOR MONETARY DAMAGES FOR
ANY CLAIMS THAT YOU MAY HAVE AGAINST
US IS LIMITED TO NO MORE THAN THE
PROPORTIONATE AMOUNT OF THE SERVICE
CHARGES ATTRIBUTABLE TO THE AFFECTED
PERIOD. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES
OF ANY NATURE WHATSOEVER ARISING OUT
OF OR RELATED TO PROVIDING OR FAILING
TO PROVIDE SERVICES IN CONNECTION WITH
A DEVICE, INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, LOSS OF BUSINESS, OR COST OF
REPLACEMENT PRODUCTS AND SERVICES.
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 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
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
38 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 39
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 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 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,
40 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 41
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.
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.
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.
No Trial By Jury and
No Class Actions
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.
42 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 43
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 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]
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