Contents
- 1. User Guide
- 2. UserMan
UserMan
Important Information
for the V72C Tablet
Important Safety Information – page 2
Manufacturer’s Warranty – page 11
General Terms and Conditions of Service – page 14
Important Message – page 42
2 Important Safety Information
Important Safety
Information
♦General Precautions (page 2)
♦Maintaining Safe Use of and Access to Your Tablet
(page 3)
♦Using Your Tablet With a Hearing Aid Device
(page 5)
♦Caring for the Battery (page 5)
♦CTIA Requirements (page 6)
♦Radio Frequency (RF) Energy (page 7)
♦Owner’s Record (page 10)
♦User Guide Proprietary Notice (page 10)
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 the battery.
• 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.
Important Safety Information 3
• 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.
Maintaining Safe Use of and Access to
Your Tablet
Do Not Rely on Your Tablet for Emergency Calls
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.
Tip: Purchase an optional hands-free accessory
at your local Store, or call service hotline.
Following Safety Guidelines
To operate your tablet safely and efficiently, always
follow any special regulations in a given area. Turn your
tablet off in areas where use is forbidden or when it may
cause interference or danger.
4 Important Safety Information
Using Your Tablet Near Other Electronic
Devices
Most modern electronic equipment is shielded from
radio frequency (RF) signals. However, RF signals
from wireless tablets may affect inadequately shielded
electronic equipment.
RF signals may affect improperly installed or
inadequately shielded electronic operating systems or
entertainment systems in motor vehicles. Check with
the manufacturer or their representative to determine if
these systems are adequately shielded from external
RF signals. Also check with the manufacturer regarding
any equipment that has been added to your vehicle.
Consult the manufacturer of any personal medical
devices, such as pacemakers and hearing aids, to
determine if they are adequately shielded from external
RF signals.
Note: Always turn off the tablet in healthcare facilities,
and request permission before using the tablet
near medical equipment.
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.
Important Safety Information 5
Turn your tablet off when you’re in any area that has a
potentially explosive atmosphere. Although it’s rare,
your tablet and accessories could generate sparks.
Sparks can cause an explosion or fire, resulting in
bodily injury or even death. These areas are often, but
not always, clearly marked. They include:
• Fueling areas such as gas stations.
• Below deck on boats.
• Fuel or chemical transfer or storage facilities.
• Areas where the air contains chemicals or particles
such as grain, dust, or metal powders.
• Any other area where you would normally be
advised to turn off your vehicle’s engine.
Note: Never transport or store flammable gas,
flammable liquids, or explosives in the
compartment of your vehicle that contains your
tablet or accessories.
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 or make calls that increase your invoice.
Caring for the Battery
Protecting Your Battery
The guidelines listed below help you get the most out
of your battery’s performance.
• Recently there have been some public reports
of wireless tablet batteries overheating, catching
fire, or exploding. It appears that many, if not all, of
these reports involve counterfeit or inexpensive,
aftermarket-brand batteries with unknown or
questionable manufacturing standards. We are
not aware of similar problems with tablets resulting
from the proper use of batteries and accessories
approved by us or the manufacturer of your tablet.
Use only manufacturer-approved batteries and
accessories
6 Important Safety Information
found at Stores or through your tablet’s manufacturer,
or call 1-866-866-7509 to order. Buying the right
batteries and accessories is the best way to ensure
they’re genuine and safe.
• In order to avoid damage, charge the battery only in
temperatures that range from 32° F to 113° F (0° C
to 45° C).
• Don’t use the battery charger in direct sunlight or in
high humidity areas, such as the bathroom.
• Never dispose of the battery by incineration.
• Keep the metal contacts on top of the battery clean.
• 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.
• It’s best to replace the battery when it no longer
provides acceptable performance. It can be
recharged hundreds of times before it needs
replacing.
• Don’t store the battery in high temperature areas for
long periods of time. It’s best to follow these storage
rules:
▪Less than one month:
-4° F to 140° F (-20° C to 60° C)
▪More than one month:
-4° F to 113° F (-20° C to 45° C)
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.
CTIA Requirements:
a) Do not disassemble or open crush, bend or deform,
puncture or shred
Important Safety Information 7
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 for the system for which it is
specified
d) 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.
e) Do not short circuit a battery or allow metallic
conductive objects to contact battery terminals.
f) Replace the battery only with another battery that has
been qualified with the system per this standard, IEEE-
Std-1725. Use of an unqualified battery may present a
risk of fire, explosion, leakage or other hazard.
g) Promptly dispose of used batteries in accordance
with local regulations
h) Battery usage by children should be supervised.
j) Avoid dropping the tablet or battery. If the tablet or
battery is dropped, especially on a hard surface, and
the user suspects damage, take it to a service center
for inspection.
k) Improper battery use may result in a fire, explosion or
other hazard.
For those host devices that utilize a USB port as a
charging source, the host device’s user manual
shall include a statement that the tablet 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..
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
8 Important Safety Information
system handling your call controls the power level. This
power can range from 0.006 watt to 0.2 watt in digital
mode.
Knowing Radio Frequency Safety
The design of your tablet complies with updated NCRP
standards described below.
In 1991–92, the Institute of Electrical and Electronics
Engineers (IEEE) and the American National
Standards Institute (ANSI) joined in updating
ANSI’s 1982 standard for safety levels with respect
to human exposure to RF signals. More than 120
scientists, engineers and physicians from universities,
government health agencies and industries
developed this updated standard after reviewing
the available body of research. In 1993, the Federal
Communications Commission (FCC) adopted this
updated standard in a regulation. In August 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).
SAR compliance for body operation is based on a
separation distance of 10 mm between the unit and
the human body. Carry this device, at least 10 mm
away from your body to ensure RF exposure level
compliant or lower to the reported level. To support
body operation, choose the belt clips or holsters, which
do not contain metallic components, to maintain a
separation of 10 mm between this and your body.
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
Important Safety Information 9
guidelines. Variations in SARs do not represent a
variation in safety.
All tablets must meet the federal standard, which
incorporates a substantial margin of safety. As stated
above, variations in SAR values between different
model tablets do not mean variations in safety. SAR
values at or below the federal standard of 1.6 W/kg are
considered safe for use by the public.
The highest reported SAR values of the V72C Tablet is:
Body: 1.45 W/kg (1g)
FCC Radio Frequency Emission
This tablet meets the FCC Radio Frequency Emission
Guidelines.
FCC ID number: SRQ-V72C
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.
10 Important Safety Information
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 tablet in the future.
Model:
Serial No.:
User Guide Proprietary Notice
No part of this publication may be excerpted,
reproduced, translated or utilized in any form or by
any means, electronic or mechanical, including
photocopying and microfilm, without the prior written
permission of ZTE Corporation.
Manufacturer's Warranty 11
Manufacturer’s Warranty
Your device has been designed to provide you with
reliable, worry-free service. If for any reason you have
a problem with your equipment, please refer to the
manufacturer’s warranty in this section.
For information regarding the terms and conditions of
service for your device, please visit our website or call
Customer Service at 1-888-211-4727.
Manufacturer’s Warranty
ZTE (“Seller”) offers you a limited warranty that the
enclosed product or products (the “Product”) will be
free from defects in material and workmanship for a
period that expires one year from the date of sale of the
Product to you, provided that you are the original end-
user purchaser of the Product and provided that your
purchase was made from a supplier authorized by the
Seller. Transfer or resale of a Product will automatically
terminate warranty coverage with respect to that
Product. This limited warranty is not transferable to any
third party, including but not limited to any subsequent
purchaser or owner of the Product. This limited warranty
is applicable to end users in the United States.
Seller will, at its sole and absolute discretion, either
repair or replace a Product (which unit may use
refurbished parts of similar quality and functionality)
if found by Seller to be defective in material or
workmanship, or if Seller determines that it is
unable to repair or replace such Product, Seller
will refund the purchase price for such Product,
provided that the subject Product (i) is returned to a
Seller authorized service center within the one year
warranty period, and (ii) is accompanied by a proof
of purchase in the form of a bill of sale or receipted
invoice which evidences that the subject Product is
within the one year warranty period. After the one year
warranty period, you must pay all shipping, parts and
labor charges. In the event that the product is deemed
un-repairable or has been removed from the list of
12 Manufacturer's Warranty
products supported by the Seller, you will only be liable
for shipping and labor charges.
This limited warranty does not cover and is void with
respect to the following: (i) any Product which has been
improperly installed, repaired, maintained or modified;
(ii) any Product which has been subjected to misuse
(including any Product used in conjunction with
hardware electrically or mechanically incompatible or
used with accessories not approved by Seller), abuse,
accident, physical damage, abnormal operation,
improper handling, neglect, exposure to fire or liquid;
(iii) any Product operated outside published maximum
ratings; (iv) cosmetic damage; (v) any Product on
which warranty stickers or Product serial numbers
have been removed, altered, or rendered illegible;
(vi) cost of installation, removal or reinstallation; (vii)
signal reception problems (unless caused by defects
in material and workmanship); (viii) damage the result
of fire, flood, acts of God or other acts which are not the
fault of Seller and which the Product is not specified to
tolerate, including damage caused by mishandling,
shipping and blown fuses; (ix) consumables (such
as fuses); or (x) any Product which has been opened,
repaired, modified or altered by anyone other than
Seller or a Seller authorized service center.
USE ONLY SELLER APPROVED ACCESSORIES WITH
SELLER PHONES. USE OF ANY UNAUTHORIZED
ACCESSORIES MAY BE DANGEROUS AND WILL
INVALIDATE THE PHONE WARRANTY IF SAID
ACCESSORIES CAUSE DAMAGE OR A DEFECT TO
THE PHONE.
SELLER SPECIFICALLY DISCLAIMS LIABILITY FOR
ANY AND ALL DIRECT, INDIRECT, SPECIAL, GENERAL,
PUNITIVE, EXEMPLARY, AGGRAVATED, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER
FORESEEABLE OR UNFORESEEABLE OF ANY KIND
WHATSOEVER, INCLUDING BUT NOT LIMITED TO
LOSS OF PROFITS, UNANTICIPATED BENEFITS OR
REVENUE, ANTICIPATED PROFITS ARISING OUT OF
USE OF OR INABILITY TO USE ANY PRODUCT (FOR
EXAMPLE, WASTED AIRTIME CHARGES DUE TO THE
Manufacturer's Warranty 13
MALFUNCTION OF A PRODUCT) OR CONTRIBUTION
OR INDEMNITY IN RESPECT OF ANY CLAIM RELATED
TO A PRODUCT.
REPAIR OR REPLACEMENT OF A DEFECTIVE
PRODUCT OR REFUND OF THE PURCHASE PRICE
RELATING TO A DEFECTIVE PRODUCT, AS PROVIDED
UNDER THIS WARRANTY, ARE YOUR SOLE AND
EXCLUSIVE REMEDIES FOR BREACH OF THE LIMITED
WARRANTY, AND SUBJECT TO THIS WARRANTY, THE
PRODUCTS ARE APPROVED AND ACCEPTED BY YOU
“AS IS”. SELLER MAKES NO OTHER WARRANTIES,
REPRESENTATIONS OR CONDITIONS OF ANY
KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, WITH RESPECT TO
THE PRODUCTS, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTY OR CONDITION OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR AGAINST INFRINGEMENT OR ANY
IMPLIED WARRANTY OR CONDITION ARISING
OUT OF TRADE USAGE OR OUT OF A COURSE OF
DEALING OR COURSE OF PERFORMANCE. NO
DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY MODIFICATION OR
ADDITION TO THIS WARRANTY.
Some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages,
or allow limitations on how long an implied warranty
lasts, so the above limitations or exclusions may not
apply to you. This limited warranty gives you specific
legal rights, and you may also have other rights which
vary from jurisdiction to jurisdiction. For warranty
service information, please call the following telephone
number: 1-877-817-1759, 1-212-444-0502 or return to
the point of sale for the products. The retailer can return
the units to ZTE authorized service center in US for
repair service.
IMPORTANT: Please provide warranty information
(proof of purchase) to ZTE in order to receive warranty
service at no charge. If the warranty has expired on the
device, charges may apply.
14 General Terms and Conditions of Service v.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 our website or upon request.
Para solicitar esta literatura en español, por
favor contactar a 1-800-777-4681.
Basic Definitions
In this document: (1) “we,” “us,” “our,” as contracting
agent on behalf of the applicable affiliated entities
providing the products and Services; (2) “you,” “your,”
“customer,” and “user” mean an account holder with
us or any user of our Devices or Services; (3) “Device”
means any phone, aircard, mobile broadband device,
any other device, accessory, or other product that we
provide you, we sell to you, or is active on your account
with us; and (4) “Service” means branded offers, rate
plans, options, 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
v.7-1-13 General Terms and Conditions of Service 15
during the sales transaction, including on-line and
telephone transactions (if your service plan is not
specifically set forth in any in-store brochure or printed
materials, the requirements and terms set forth in the
current written Agreement and transaction materials
apply); (iii) any confirmation materials and invoices that
we may provide to you; and (iv) the terms set forth in
the coverage map brochures. It is important that you
carefully read all of the terms of the Agreement.
Additional Terms
Additional terms will apply when you use certain
applications, programs, Devices, and services, and
these terms will be provided to you prior to your use
of the items. Depending on who provides the items,
the terms may come from us 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.
We are not responsible for these third-party items and
associated terms. Additional terms will also apply if
you activate Services as part of a bundle with another
company’s services (for example, cable services,
home phone services, etc.). The additional terms
for bundled Services may either modify or replace
certain provisions in these Ts&Cs, including terms
relating to activation, invoicing, payment, and disputing
charges. Also, a different dispute resolution provision
may apply to services provided by another company
(the dispute resolution provisions in this Agreement
will still apply to our Services). You will be provided
details on any additional terms with your selection of
any bundled Service. For employee and organization
discounts, the discount percentage may vary from
month-to-month based on the terms of the agreement
between your employer, association, or organization
and us. The discount will be zero after your agreement
or your organization’s agreement with our ends.
Additional terms and eligibility requirements regarding
organization discounts will be provided to you.
Our Policies
Services are subject to our business policies, practices,
and procedures (“Policies”). You agree to adhere to all
16 General Terms and Conditions of Service v.7-1-13
of our Policies when you use our Services. Our Policies
are subject to change at anytime with or without notice.
When You Accept The Agreement
You must have the legal capacity to accept the
Agreement. You accept the Agreement when you do
any of the following: (a) accept the Agreement through
any printed, oral, or electronic statement, including
on the Web by electronically marking that you have
reviewed and accepted; (b) attempt to or in any way
use the Services; (c) pay for the Services; or (d) open
any package or start any program that says you are
accepting the Agreement when doing so. If you don’t
want to accept the Agreement, don’t do any of these
things.
Term Commitments & Early Termination
Fees
We provides a variety of Services, some of which
require you to maintain Your Services on a month
to month basis or for a minimum term, usually 1 or
2 years (“Term Commitment”). If your Agreement
contains a Term Commitment, you will be charged a
fee (“Early Termination Fee”) for each line of Service
that you terminate early (i.e., prior to satisfying the
Term Commitment) or for each line of Service that we
terminate early for good reason (for example, violating
the payment or other terms of the Agreement) but such
Early Termination Fee will be prorated based on your
remaining Term Commitment. Early Termination Fees
are a part of our rates. Any Term Commitment, the
length of the Term Commitment, and the applicable
Early Termination Fee amounts and proration will be
disclosed to you during the sales transaction. Carefully
review any Term Commitment and Early Termination
Fee requirements prior to selecting Services. After
you have satisfied your Term Commitment, your
Services continue on a month-to-month basis under
the then-current Terms and Conditions and Service
policies. Services offered on a subscription basis, as
described in the “Account & Service Charges” section,
may not require a Term Commitment and may not
automatically renew. As explained directly below, there
v.7-1-13 General Terms and Conditions of Service 17
are instances when you will not be responsible for an
Early Termination Fee for terminating Services early.
When You Don’t Have To Pay An Early
Termination Fee
You aren’t responsible for paying an Early Termination
Fee when terminating Services: (a) provided on a
month-to-month basis; (b) provided on a subscription
basis that do not include a Term Commitment; (c)
consistent with our published trial period return policy;
or (d) in response to a materially adverse change that
we make to the Agreement as described directly below.
Our Right To Change The Agreement &
Your Related Rights
We may change any part of the Agreement at any
time, including, but not limited to, rates, charges,
how we calculate charges, discounts, coverage,
technologies used to provide services, or your terms
of Service. If you lose your eligibility for a particular rate
plan or if a particular rate plan is no longer supported
or available, we may change your rate plan to one
for which you qualify. We will provide you notice of
material changes—and we may provide you notice of
non-material changes—in a manner consistent with
this Agreement (see “Providing Notice To Each Other
Under The Agreement” section). If a change we make to
the Agreement is material and has a material adverse
effect on Services under your Term Commitment, you
may terminate each line of Service materially adversely
affected without incurring an Early Termination Fee
only if: (a) you call us within 30 days after the effective
date of the change; (b) you specifically advise us that
you wish to cancel Services because of a material
change to the Agreement that we have made; and (c)
we fail to negate the change after you notify us of your
objection to it. If you do not notify us and cancel Service
within 30 days of the change, an Early Termination Fee
will apply if you terminate Services before the end of
any applicable Term Commitment.
18 General Terms and Conditions of Service v.7-1-13
Our Right To Suspend Or Terminate
Services
We can, without notice, suspend or terminate any
Service at any time for any reason. For example, we
can suspend or terminate any Service for the following:
(a) late payment; (b) exceeding an Account Spending
Limit; (c) harassing/threatening/abusing/offending our
employees or agents; (d) providing false or inaccurate
information; (e) interfering with our operations; (f)
using/suspicion of using Services in any manner
restricted by or inconsistent with the Agreement and
Policies; (g) breaching, failing to follow, or abusing the
Agreement or Policies; (h) providing false, inaccurate,
dated, or unverifiable identification or credit information
or becoming insolvent or bankrupt; (i) modifying
a Device from its manufacturer specifications (for
example, rooting the device); (j) failing to use our
Services for an extended period of time; (k) failing
to maintain an active Device in connection with our
Services; or (l) if we believe the action protects our
interests, any customer’s interests, or our networks.
Your Right To Change Services & When
Changes Are Effective
The account holder can typically change Services
upon request. In some instances, changes may be
conditioned on payment of an Early Termination
Fee or certain other charges, or they may require a
new Term Commitment. Changes to Services are
usually effective at the start of the next full invoicing
cycle. If the changes take place sooner, your invoice
may reflect pro-rated charges for your old and new
Services. We may, but are not obligated to, provide
you the opportunity to authorize someone else to
make changes to your Services, which will include the
authority to make changes that will extend your Term
Commitment. You are responsible for any changes to
your Services made by a person you authorize, and
those changes will be treated as modifications to this
Agreement.
v.7-1-13 General Terms and Conditions of Service 19
Your Right To Terminate Services
You can terminate Services at any time by calling
us and requesting that we deactivate all Services. In
addition, if you return or provide your Device to us and
fail to either deactivate service on the Device or activate
another Device in connection with your Service, we
reserve the right to terminate your Service, and if
you are subject to a Term Commitment, you may be
charged all or part of an Early Termination Fee. You are
responsible for all charges billed or incurred prior to
deactivation. If Services are terminated before the end
of your invoicing cycle, we won’t prorate charges to the
date of termination and you won’t receive a credit or
refund for any unused Services. Except as provided
above, if you are subject to an Early Termination Fee,
you must also pay the invoiced Early Termination Fee
for each line of Service that you terminate early.
Credit Checks & Credit Information
We agree to provide you Services on the condition that
you have and maintain satisfactory credit according
to our standards and policies. You agree to provide
information that we may request or complete any
applications that we may provide you to facilitate our
review. We rely on the credit information you furnish,
credit bureau reports or other data available from
commercial credit reference services, and other
information (such as payment history with us) to
determine whether to provide or continue to provide
you Services. The Services we offer you can vary based
on your credit history. We may at any time, based on
your credit history, withdraw or change Services or
place limits or conditions on the use of our Services.
You agree to provide us updated credit information
upon request. We may provide your payment history
and other account billing/charge information to any
credit reporting agency or industry clearinghouse.
Account Spending Limits (“ASL”)
An ASL is a temporary or permanent limit (typically
based on credit history, payment history, or to prevent
fraud) that we place on the amount of unpaid charges
you can accumulate on your account, regardless of
20 General Terms and Conditions of Service v.7-1-13
when payment on those charges is due. We reserve the
right to determine which charges count toward an ASL.
If you have an ASL, we may suspend your Services
without prior notice if your account balance reaches
the ASL, even if your account is not past due. We may
impose or increase an ASL at any time with notice. An
ASL is for our benefit only and should not be relied on
by you to manage usage.
Deposits & Returning Deposits
We may at any time require a deposit as a guarantee
of payment for you to establish or maintain Service
(“Deposit”). By providing us a Deposit, you grant us
a security interest for all current or future amounts
owed to us. We may change the Deposit at any time
with notice. You can’t use a Deposit to make or delay
payments. The Deposit, the length of time we hold the
Deposit, and changes to the Deposit are determined
based on your credit history, payment history, and other
factors. Unless prohibited by law, we may mix Deposits
with our other funds and it won’t earn interest, and we
reserve the right to return the Deposit as a credit on
your invoice at anytime. If your Services are terminated
for any reason, we may keep and apply your Deposit
to any outstanding charges. We’ll send any remaining
portion of the Deposit to your last known address within
90 days after your final invoice—if it is returned to us, we
will forward it on to the appropriate state authorities to
the extent required by law.
Restrictions On Using Services
You can’t use our Services: (a) in a way that could
cause damage or adversely affect any of our other
customers or our reputation, networks, property, or
Services; or (b) in any way prohibited by the terms
of our Services, the Agreement, or our Policies. You
cannot in any manner resell the Services to another
party. For additional restrictions on the use of our
Services, see our Acceptable Use Policy and Visitors
Agreement, which are available on our website, and the
detailed plan or other information on Services that we
provide or refer you to during the sales transaction.
v.7-1-13 General Terms and Conditions of Service 21
Your Device, Number & Email Address
We don’t manufacture any Device that we might sell
to you or that is associated with our Services, and we
aren’t responsible for any defects, acts, or omissions
of the manufacturer. The only warranties on your
Device are the limited warranties given to you by the
manufacturer directly or that we pass through. Device
performance may vary based on device specifications
(for example, a device’s software, memory, and
storage), and device performance may impact access
to all of our Services. Your Device is designed to be
activated on our networks and in other coverage areas
that we may make available to you. As programmed,
it will not accept wireless service from another carrier.
Except for any legal right you may have to port/transfer
your phone number to another carrier, you have no—
and cannot gain any (for example, through publication,
use, etc.)—proprietary, ownership, or other rights to
any phone number, identification number, email
address, or other identifier that we assign to you, your
Device, or your account. We’ll notify you if we decide
to change or reassign them. Your CDMA PCS phone
may have software programming lock that protects
certain of the handset’s operating parameters against
unauthorized reprogramming. If your device has a
software programming lock, and you wish to obtain
the software program lock code for your CDMA PCS
phone, please call 1-888-211-4727 for information and
eligibility requirements.
Porting/Transferring Phone Numbers
We don’t guarantee that number transfers to or from
us will be successful. If you authorize another carrier to
transfer a number away from us, then that is considered
a request by you to us to terminate all of the Services
associated with that number. You’re responsible for all
charges billed or incurred prior to deactivation and for
any applicable Early Termination Fees.
22 General Terms and Conditions of Service v.7-1-13
Coverage; Where Your Device Will Work;
Service Speeds
Our coverage maps are available at our authorized
retail locations. The specific network coverage you get
will depend on the radio transmissions your Device can
pick up and Services you’ve chosen. Our coverage
maps provide high level estimates of our coverage
areas when using Services outdoors under optimal
conditions. Coverage isn’t available everywhere.
Coverage and Service speeds are not guaranteed.
Coverage is subject to change without notice. Service
speeds may depend on the Service purchased. Actual
speeds will vary. Estimating wireless coverage, signal
strength, and Service speed is not an exact science.
There are gaps in coverage within our estimated
coverage areas that-along with other factors both
within and beyond our control (for example, network
problems, network or Internet congestion, software,
signal strength, your Device, structures, buildings,
weather, geography, topography, server speeds of the
websites you access, actions of third parties, etc.)-may
result in dropped and blocked connections, slower
Service speeds, or otherwise impact the quality of
Service. Services that rely on location information,
such as E911 and GPS navigation, depend on your
Device’s ability to acquire satellite signals (typically
not available indoors) and network coverage. While
your Device is receiving a software update, you may
be unable to use your Device in any manner until the
software update is complete.
Roaming
The term “roaming” typically refers to coverage on
another carrier’s network that we may make available
to you based on our agreements with other carriers.
These agreements may change from time to time, and
roaming coverage is subject to change without notice.
Your ability to receive roaming coverage depends on
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
v.7-1-13 General Terms and Conditions of Service 23
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 us 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
24 General Terms and Conditions of Service v.7-1-13
without notice to you, and you may not receive a refund
for any unused portion of the Data Content.
Specific Terms & Restrictions On Using
Data Services
In addition to the rules for using all of our other Services,
unless we identify the Service or Device that you have
selected as specifically intended for that purpose (for
example, wireless routers, Data Link, etc.), you can’t
use our data Services: (1) with server devices or host
computer applications or other systems that drive
continuous, heavy traffic or data sessions; (2) as a
substitute or backup for private lines or frame relay
connections; or (3) for any other unintended use as we
determine in our sole discretion. We reserve the right
to limit, suspend, or constrain any heavy, continuous
data usage that adversely impacts our networks’
performance or hinders access to our networks. If your
Services include Web or data access, you also can’t
use your Device as a modem for computers or other
equipment, unless we identify the Service or Device
you have selected as specifically intended for that
purpose (for example, with “phone as modem” plans,
Mobile Broadband card plans, wireless router plans,
etc.).
Software License
If we provide you software as part of the Service and
there are not software license terms provided with the
software (by us or by a third party), then we 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. We 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
v.7-1-13 General Terms and Conditions of Service 25
to establish, change, or maintain Services. Certain
transactions may also be subject to a charge (for
example, convenience payment, changing phone
numbers, handset upgrades, etc.). You will be provided
notice of these types of fees before we complete the
requested transaction.
Account & Service Charges
You are responsible for all charges associated with
your account and the Services on your account,
no matter who adds or uses the Services. Charges
include, but are not limited to, the monthly recurring
charges, usage charges, charges for additional
services, taxes, surcharges, and fees associated with
your Services. These charges are described or referred
to during the sales transaction, in our marketing
materials, and in confirmation materials that we may
send to you. Depending on your Services, charges for
additional services may include operator and directory
assistance, voicemail, call forwarding, data calls, texts,
and Web access. If you (the account holder) allow end
users to access or use your Devices, you authorize
end users to access, download, and use Services.
You may have the opportunity to purchase Services
on a subscription basis where we assess subscription
charges that allow you access to the Services and/or
provide you a certain amount of use of the Services for
a defined period of time. Depending on your Service,
certain types of subscription charges may be assessed
automatically upon activation and automatically
assessed for subsequent subscription periods.
Subscription Services offered on a recurring basis
do not end until terminated by you or us. Subscription
charges for recurring Services occur at the beginning
of each bill cycle. Information regarding your bill cycle
for subscription Services will be provided when you
order the Services. For Services offered on a per-day
basis, you will generally be charged for use before or
at the time of use. In certain instances, we may charge
you at some point after you use the Services. Unless
otherwise disclosed, Services offered on a per-day
basis end 24 hours after Service is initiated.
26 General Terms and Conditions of Service v.7-1-13
How We Calculate Your Charges For
Billing Purposes
Regular Voice Calls: We round up partial minutes of use
to the next full minute. Time starts when you press “Talk”
or your Device connects to the network and stops when
you press “End” or the network connection otherwise
breaks. You’re charged for all calls that connect, even to
answering machines, voicemail, or voice transcription
services. You won’t be charged for unanswered
calls or if you get a busy signal. For incoming calls
answered, you’re charged from the time shortly before
the Device starts ringing until you press “End” or the
network connection otherwise breaks. If charges vary
depending on the time of day that you place or receive
calls (for example, Nights and Weekend plans), you’re
charged for the entire call based on the rate that applies
to the time period in which the call starts. Call time for
a single call may be subject to a maximum duration
and may be automatically terminated if the maximum
duration is exceeded. Rates that vary based on the time
of access will be determined based on the location of
the network equipment providing service and not the
location of your Device or your Device’s area code (if
applicable).
Push-to-Talk Charges: Charges for push-to-talk
calls are billed to the person who starts the call and
calculated by multiplying the duration of the call by
the applicable rate and number of participants. You’re
charged at least 6 seconds of airtime for each call you
start; subsequent communications in the same call
are rounded up to and billed to the next second. Time
begins when you press any button to start a push-
to-talk call and ends approximately 6 seconds after
completion of a communication to which no participant
responds. Subsequent push-to-talk communications
are considered new calls. Charges apply for the entire
period of time the push-to-talk call is connected to
our network. Depending on your plan, nationwide,
international, or group push-to-talk calls may use
the local push-to-talk minutes in your plan and result
in additional or different charges. Responses to call
alert transmissions are treated as new push-to-talk
v.7-1-13 General Terms and Conditions of Service 27
transmissions even when responding within 6 seconds
of receiving the alert. Push-to-talk billing methods are
subject to change as we introduce new push-to-talk
Services.
Data Usage: Unless we specifically tell you otherwise,
data usage is measured in bytes, kilobytes, megabytes,
and gigabytes—not in minutes/time. 1024 bytes
equals 1 kilobyte (“KB”), 1024 KB equals 1 megabyte,
and 1024 megabytes equals 1 gigabyte. Bytes are
rounded up to KB, so you will be charged at least 1
KB for each data usage session (“data session”).
Rounding occurs at the end of each data session,
and sometimes during a data session. Depending on
your data Services, usage may be charged against an
allowance or on a fixed price per KB, and you may be
subject to limitations on the amount of data usage. If
you are charged on a fixed price per KB, any fractional
cents will be rounded up to the next cent. You are
charged for all data directed to your Device’s Internet
address, including data sessions you did not initiate
and for incomplete transfers. As long as your Device
is connected to our data networks, you may incur
data charges. Examples of data for which you will be
charged includes the size of a requested file or Data
Content (game, ringer, etc.); Web page graphics (logos,
pictures, banners, advertisement, etc.); additional
data used in accessing, transporting, and routing the
file on our network; data from partial or interrupted
downloads; re-sent data; and data associated with
unsuccessful attempts to reach websites or use
applications. These data charges are in addition to any
charges for the Data Content itself (game, ringer, etc.).
Data used and charged to you will vary widely, even
between identical actions or data sessions. Estimates
of data usage—for example, the size of downloadable
files—are not reliable predictors of actual usage. Your
bill won’t separately list the number of KB attributed to a
specific action/data session.
Your Bill
Your bill provides you notice of your charges. It reflects
monthly recurring charges (usually billed one bill cycle
in advance), fees, taxes, Surcharges, product and
28 General Terms and Conditions of Service v.7-1-13
equipment charges, subscription charges, and usage/
transaction specific charges (usually billed in the bill
cycle in which they’re incurred). Some usage charges,
such as those that depend on usage information from
a third party, may be billed in subsequent bill cycles
and result in higher than expected charges for that
month. Bill cycles and dates may change from time
to time. Your bill may also include other important
notices (for example, changes to your Agreement, to
your Service, legal notices, etc.). Your paper bill may
not include itemized billing detail. More specific billing
information is available online. Paper bills may be
subject to an additional charge. Unless prohibited by
law, other charges (for example, data Services or taxes
and surcharges) will not include itemized detail but will
be listed as total charges for a category. If you choose
Internet billing, you will not receive paper bills.
Your Payments; Late Fees
Payment is due in full as stated on your bill. If we do not
receive payment in full by the date specified on your
bill, a late payment charge, which may be charged at
the highest rate permissible by law, may be applied to
the total unpaid balance. We may also charge you any
costs we pay to a collection agency to collect unpaid
balances from you. If we bill you for amounts on behalf
of a third party, payments received are first applied to
our charges. You may be charged additional fees for
certain methods of payment. We may charge you, up
to the highest amount permitted by law, for returned
checks or other payments paid by you and denied for
any reason by a financial institution. Acceptance of
payments (even if marked “paid in full”) does not waive
our right to collect all amounts that you owe us. We
may restrict your payment methods to cashier’s check,
money order, or other similar secure form of payment at
any time for good reason.
Taxes & Government Fees
You agree to pay all federal, state, and local taxes, fees,
and other assessments that we’re required by law to
collect and remit to the government on the Services
that we provide to you. These charges may change
from time to time without advance notice. If you’re
v.7-1-13 General Terms and Conditions of Service 29
claiming any tax exemption, you must provide us with
a valid exemption certificate. Tax exemptions generally
won’t be applied retroactively.
Surcharges
You agree to pay all surcharges (“Surcharges”), which
may include, but are not limited to: Federal Universal
Service; Regulatory and Administrative charges; gross
receipts charges, and other charges. Surcharges are
not taxes, and we are not required by law to assess
them. They are part of our rates we choose, at our
discretion, to collect from you, to recover certain
costs and are kept by us. The number and type of
Surcharges will be provided on your invoice and may
vary depending upon the location of the billing address
of the Device and can change over time. We determine
the amount for these charges, and these amounts are
subject to change, as are the components used to
calculate these amounts. We will provide you notice
of any changes to Surcharges in a manner consistent
with this Agreement (see “Providing Notice To Each
Other Under The Agreement” section). However,
because some Surcharges are based on amounts set
by the government or based on government formulas,
it will not always be possible to provide advance
notice of new Surcharges or changes in the amount
of existing Surcharges. Information on Surcharges is
provided during the sales transaction and is available
on our website.
Disputing Charges - You Must Still Pay
Undisputed Charges
Any dispute to a charge on your bill must be made within
60 days of the date of the bill that initially contained the
charge. Disputes can only be made by calling or writing
us as directed on your invoice or elsewhere. You accept
all charges not properly disputed within the above time
period—undisputed charges must still be paid as stated
on your bill.
Protecting Our Network & Services
We can take any action to: (1) protect our networks,
our rights and interests, or the rights of others; or (2)
30 General Terms and Conditions of Service v.7-1-13
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 on our website. To review
the policy, visit our website. 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 we 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.
v.7-1-13 General Terms and Conditions of Service 31
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 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
us 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 us 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). We
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
32 General Terms and Conditions of Service v.7-1-13
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 us 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. Even when available, however, E911 does
not always provide accurate location information. If
your Device is indoors or for some other reason cannot
v.7-1-13 General Terms and Conditions of Service 33
acquire a satellite signal, you may not be located.
Some Devices have a safety feature that prevents use
of the keypad after dialing 911—you should follow voice
prompts when interacting with emergency service
providers employing interactive voice response
systems to screen calls.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or stolen
because you may be responsible for usage charges
before you notify us of the alleged loss or theft. A lost
or stolen Device does not reduce or remove your Term
Commitment. You will remain liable for any monthly
recurring charges associated with the Service on your
Device after you notify us of the alleged loss or theft.
You agree to cooperate if we choose to investigate the
matter (provide facts, sworn statements, etc.). We may
not waive any applicable Early Termination Fees if you
choose to terminate Services as a result of loss or theft
of your Device.
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. WE 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,
34 General Terms and Conditions of Service v.7-1-13
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 storage space from your use of the
Services or from viruses, worms, or downloads of
malicious content, materials, data, text, images, video,
or audio; or (i) things beyond our control, including acts
of God (for example, weather-related phenomena,
fire, earthquake, hurricane, etc.), riot, strike, war,
terrorism, or government orders or acts. You should
implement appropriate safeguards to secure your
Device, computer, or equipment and to back up your
information stored on each.
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,
v.7-1-13 General Terms and Conditions of Service 35
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 us 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 us
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 us agree to
arbitrate all Disputes (as defined below) on an
individual, non-representative, basis. You agree
that, by entering into this Agreement, you and us
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
36 General Terms and Conditions of Service v.7-1-13
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 we 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 us, 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 us;
(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 us 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 us should be sent to:
General Counsel; Arbitration Office; 12502 Sunrise
Valley Drive, Mailstop VARESA0202-2C682; Reston,
Virginia 20191. We will provide a Notice of Dispute
to you in accordance with the “Providing Notice
To Each Other Under The Agreement” section of
this Agreement. We will assign a representative to
work with you and try to resolve your Dispute to your
satisfaction. You and us agree to make attempts
to resolve the Dispute prior to commencing an
arbitration or small claims action. If an agreement
v.7-1-13 General Terms and Conditions of Service 37
cannot be reached within forty-five (45) days of
receipt of the Notice of Dispute, you or us may
commence an arbitration proceeding or small
claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and us 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 us 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 US AGREE THAT EACH MAY BRING CLAIMS
38 General Terms and Conditions of Service v.7-1-13
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 us
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. We 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 us on your
behalf.
No Trial By Jury and No Class Action
IF FOR ANY REASON A CLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN ANY
WAY PROCEEDS IN COURT RATHER THAN IN
ARBITRATION, REGARDLESS OF WHETHER THE
CLAIM IS AN ACTION, COUTERCLAIM OR ANY
OTHER COURT PROCEEDING, WE EACH AGREE
THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL
NOT BE A JURY TRIAL OR CLASS ACTION AND WE
v.7-1-13 General Terms and Conditions of Service 39
EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO
TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE
DISPUTES ON A CLASSWIDE BASIS, INCLUDING
JOINING A CLAIM WITH THE CLAIM OF ANY OTHER
PERSON OR ENTITY OR ASSERT A CLAIM IN A
REPRESENTATIVE CAPACTITY ON BEHALF OF
ANYONE ELSE IN ANY OTHER PROCEEDING.
Indemnification
You agree to indemnify, defend, and hold us and our
subsidiaries, affiliates, parent companies, vendors,
suppliers, and licensors harmless from any claims
arising out of or relating to your actions, including,
but not limited to, your use of the Service and any
information you submit, post, transmit, or make
available via the Service; failing to provide appropriate
notices regarding location-enabled services (see
“Location-Enabled Services” section); failure to
safeguard your passwords, backup question to your
shared secret question, or other account information;
or violating this Agreement or any policy referenced in
this Agreement, any applicable law or regulation, or the
rights of any third party.
Providing Notice To Each Other Under
The Agreement
Except as the Agreement specifically provides
otherwise, you must provide us notice by calling or
writing us as instructed on your invoice. We will provide
you notice through one or more of the following: in your
bill, correspondence to your last known billing address,
to any fax number or email address you’ve provided
us, by calling you on your Device or any other phone
number you’ve provided us, by voice message on your
Device or any other phone number you’ve provided us,
or by text message on your Device.
Contacting You Regarding Billing and
Collections
You expressly authorize, and specifically consent
to allowing us and any agents to contact you in
connection with any and all matters relating to unpaid
40 General Terms and Conditions of Service v.7-1-13
past due charges you owe us. You agree that, for
attempts to collect unpaid past due charges, We
and any of its agents may contact you at any mailing
address, telephone number, cellular phone number,
email address, or any other electronic address that
you have provided, or may in the future provide, to us.
You agree and acknowledge that any email address
or any other electronic address that you provide to
us is your private address and is not accessible to
unauthorized third parties. For attempts to collect
unpaid charges, you agree that in addition to individual
persons attempting to communicate directly with you,
any type of contact described above may be made
using, among other methods, pre-recorded or artificial
voice messages delivered by an automatic telephone
dialing system, pre-set email messages delivered by
an automatic emailing system, or any other pre-set
electronic messages delivered by any other automatic
electronic messaging system.
Other Important Terms
Subject to federal law or unless the Agreement
specifically provides otherwise, this Agreement is
governed solely by the laws of the state encompassing
the billing address of the Device, without regard
to the conflicts of law rules of that state. If either of
us waives or doesn’t enforce a requirement under
this Agreement in an instance, we don’t waive our
right to later enforce that requirement. Except as the
Agreement specifically provides otherwise, if any part
of the Agreement is held invalid or unenforceable, the
rest of this Agreement remains in full force and effect.
This Agreement isn’t for the benefit of any third party
except our corporate parents, affiliates, subsidiaries,
agents, and predecessors and successors in interest.
You can’t assign the Agreement or any of your rights or
duties under it, unless we agree to the assignment. We
can assign the Agreement without notice. You cannot
in any manner resell the Services to another party. The
Agreement and the documents it incorporates make
up the entire agreement between us and replaces all
v.7-1-13 General Terms and Conditions of Service 41
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]
Important Message
Important Information about this device’s “open”
architecture. This device is an “open” device.
What that means is that you are free to use it to
access the Internet as you see fit. You may go to
websites you like and you may download or use
applications or software that you choose.
Please take care to visit only trusted websites
and download applications only from trusted
entities. We have no control over websites you
visit or applications and software you download,
and our policies do not apply to those websites,
applications or software. The websites you visit
may place “cookies” or other files on your device
when you visit them. Downloaded applications or
software may access, use or share information on
your device, like your contacts or your location.
Although we are excited to allow our customers
to make their own choices about the Internet sites
you wish to visit or the applications or software
you’d like to use, we do want to remind you that
we are not able to help you troubleshoot issues
connected with your use of non-approved
applications or software (such as the ones you
may select and download to your device). We
will also not be able to provide you credits for
applications or software that you download from
sources other than us. And, We are not liable for
the websites you visit or anything you download or
cause to be downloaded to your device. Damage
related to websites visited or downloads to your
device may not be covered by our Service and
Repair policy, or your device insurance policy. For
more information about our policies, products or
services, please visit our website.