ZTE ZTEN9132 LTE/CDMA Mutil-Mode Digital Mobile Phone User Manual Important information

ZTE Corporation LTE/CDMA Mutil-Mode Digital Mobile Phone Important information

Contents

User manual_Important information

Important Information
for the ZTE PRESTIGE
2 Important Safety Information
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.
2 Important Safety Information Important Safety Information 3
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
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.
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 ZTE PRESTIGE has an M3/T3 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 M3 or M4 meet FCC
requirements for hearing aid compatibility
and are likely to generate less interference
6 Important Safety Information
to hearing devices than unrated phones. (M4
is the better/higher of the two ratings.)
T-Ratings: Phones rated T3 or 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. (T4
is the better/higher of the two ratings. Note that
not all hearing devices have telecoils in them.)
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.
6 Important Safety Information Important Safety Information 7
More information about hearing aid
compatibility may be found at: fcc.gov,
fda.gov, and accesswireless.org.
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. Touch > > Settings > Display.
2. Touch Sleep to set the time interval before
the display backlight turns off; touch
Navigation key light duration to turn on or
off keypad backlight and set backlight
duration.
+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.
8 Important Safety Information
+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
+Do not disassemble or open crush,
bend or deform, puncture or shred.
+Do not modify or remanufacture, attempt
to insert foreign objects into the battery,
immerse or expose to water or other liquids,
expose to fire, explosion or other hazard.
8 Important Safety Information Important Safety Information 9
+Only use the battery for the system
for which it is specified.
+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.
+Do not short circuit a battery or allow metallic
conductive objects to contact battery terminals.
+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.
+Promptly dispose of used batteries in
accordance with local regulations
+Battery usage by children
should be supervised.
+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.
+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.
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 in digital mode.
10O mm
10 Important Safety Information
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
from your body when
transmitting. Use of non-approved accessories
may violate FCC RF exposure guidelines.
For more information about RF exposure,
visit the FCC website at fcc.gov.
Specific Absorption Rates
(SAR) for Wireless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
FCC ID :
10 Important Safety Information Important Safety Information 11
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.
At the time this booklet was printed, the
SAR ratings were not available.
FCC Radio Frequency Emission
This phone meets the FCC Radio
Frequency Emission Guidelines.
SRQ-ZTEN9132
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 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.
N9132
12 Important Safety Information
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:
Serial No.:
12 Important Safety Information Important Safety Information 13
User Guide Proprietary Notice
No part of this publication may be exerpted,
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.
The manual is published by ZTE
Corporation. We reserve the right to make
modifications on print errors or update
specifications without prior notice.
LCA Assessment
We have done a LCA assessment for ZTE
PRESTIGE using the LCA assessment systems
(EIME system) from BV, and have had it peer-
reviewed by our Green Product manager who
confirms that the LCA test report complies
with related standard requirement.
14 Manufacturer's Warranty
MANUFACTURER’S
WARRANTY
Your device has been designed to provide you
with reliable, worry-free service. If for any reason
you have a problem with your equipment, please
refer to the manufacturer’s warranty in this section.
Manufacturer’s Warranty
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 and Puerto Rico.
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
14 Manufacturer's Warranty Manufacturer's Warranty 15
the list of 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 DEVICES. USE OF ANY
UNAUTHORIZED ACCESSORIES MAY BE
DANGEROUS AND WILL INVALIDATE THE DEVICE
WARRANTY IF SAID ACCESSORIES CAUSE
DAMAGE OR A DEFECT TO THE DEVICE.
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
16 Manufacturer's Warranty
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 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.
16 Manufacturer's Warranty Manufacturer's Warranty 17
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.
18 General Terms and Conditions of Service effective 7-1-13
GENERAL TERMS
AND CONDITIONS
OFSERVICE
Please note that these terms may not be the most
current version. A current version of the terms is
available at boostmobile.com or upon request.
For further information on Boost Mobile plans,
products, and services go to boostmobile.com
or email Boostmobilecustomerassistance@
boostmobile.com.
Para solicitar esta literatura en español, por
favor visitar espanol.boostmobile.com.
Basic Definitions
In this document: (1) “we,” “us,” “our,” and “Boost”
mean Sprint Solutions, Inc., as contracting agent
on behalf of the applicable Sprint affiliated
entities providing the Products and Services;
(2) “you,” “your,” “customer,” and “user” mean
an account holder or user with us; (3) “Device”
means any 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,
18 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 19
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.
20 General Terms and Conditions of Service effective 7-1-13
When You Accept The Agreement
You must have the legal capacity to accept
the Agreement. You accept the Agreement
when you do any of the following: (a) accept
the Agreement through any printed, oral, or
electronic statement, for example, on the
Web by electronically marking that you have
reviewed and accepted; (b) attempt to or in any
way use the Services; (c) pay for the Services;
or (d) open any package or start any program
that says you are accepting the Agreement
when doing so. If you don’t want to accept the
Agreement, don’t do any of these things.
Service Activation
To activate the Service, you must both activate
your account and establish an appropriate
account balance to pay for pay-per-use charges
and applicable subscription charges (defined
in the “Types of Charges” section) based
on the service plan you select. To establish
an account balance, pay a subscription
charge, or make any other appropriate
payments, follow the instructions provided
with the equipment; at boostmobile.com;
or through Boost Customer Care.
Our Right To Change The
Agreement & Your Related Rights
We may change any part of the Agreement at any
time, including, but not limited to, rates, charges,
how we calculate charges, discounts, coverage,
technologies used to provide services, or your
terms of Service. If you lose your eligibility for a
particular rate plan or if a particular rate plan is
no longer supported or available, we may change
your rate plan to one for which you qualify. We
will provide you notice of material changes—
and we may provide you notice of non-material
changes—in a manner consistent with this
Agreement (see “Providing Notice To Each Other
Under The Agreement” section). If you continue
20 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 21
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
22 General Terms and Conditions of Service effective 7-1-13
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.
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
22 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 23
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
24 General Terms and Conditions of Service effective 7-1-13
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 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
24 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 25
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
26 General Terms and Conditions of Service effective 7-1-13
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 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
26 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 27
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
28 General Terms and Conditions of Service effective 7-1-13
phone number is based, on the last day of your
subscription period. Also, depending on your
Service, certain types of subscription charges
may be assessed automatically upon activation
and automatically assessed for subsequent
subscription periods; and (3) “download charges,”
which are charges assessed when you download
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
28 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 29
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
30 General Terms and Conditions of Service effective 7-1-13
costs, and are kept by us. The number and type
of Surcharges will be provided and may vary
depending upon the location of the transaction
or the primary account address of the payment
method or Device and can change over time. We
determine the amount for these charges, and
these amounts are subject to change as are the
components used to calculate these 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
30 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 31
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
32 General Terms and Conditions of Service effective 7-1-13
questions regarding its return policy. Re-Boost
cards must be applied to your account within
the time specified on the card. All Re-Boost
sales are final and non-refundable regardless
of who uses or possesses your mobile 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
32 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 33
(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
34 General Terms and Conditions of Service effective 7-1-13
the right, and we have a duty, to protect the
confidentiality of your CPNI. For example, we
implement safeguards that are designed to protect
your CPNI, including authentication procedures
when you contact us. For some accounts with a
dedicated Boost representative, we may rely on
contacting your 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.
34 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 35
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
36 General Terms and Conditions of Service effective 7-1-13
location information. Even when available,
however, E911 does not always provide accurate
location information. If your Device is indoors or
for some other reason cannot acquire a satellite
signal, you may not be located. Some Devices
have a safety feature that prevents use of the
keypad after dialing 911—you should follow
voice prompts when interacting with emergency
service providers employing interactive
voice response systems to screen calls.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or
stolen 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
36 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 37
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.
38 General Terms and Conditions of Service effective 7-1-13
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
38 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 39
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
40 General Terms and Conditions of Service effective 7-1-13
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
40 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 41
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,
42 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 43
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 Action
IF FOR ANY REASON A CLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN ANY
WAY PROCEEDS IN COURT RATHER THAN IN
ARBITRATION, REGARDLESS OF WHETHER
THE CLAIM IS AN ACTION, COUNTERCLAIM OR
ANY OTHER COURT PROCEEDING, WE EACH
AGREE THAT TO THE EXTENT ALLOWED BY LAW,
THERE WILL NOT BE A JURY TRIAL OR CLASS
ACTION AND WE EACH UNCONDITIONALLY
(1) WAIVE ANY RIGHT TO TRIAL BY JURY AND
(2) WAIVE ANY RIGHT TO PURSUE DISPUTES
ON A CLASSWIDE BASIS, INCLUDING JOINING
A CLAIM WITH THE CLAIM OF ANY OTHER
PERSON OR ENTITY OR ASSERT A CLAIM IN A
REPRESENTATIVE CAPACITY ON BEHALF OF
ANYONE ELSE IN ANY OTHER PROCEEDING.
42 General Terms and Conditions of Service effective 7-1-13 effective 7-1-13 General Terms and Conditions of Service 43
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.
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
44 General Terms and Conditions of Service effective 7-1-13
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]
44 General Terms and Conditions of Service effective 7-1-13
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