ZTE ZTEN9520 CDMA/LTE Multi-mode Digital Mobile Phone User Manual user guide warning
ZTE Corporation CDMA/LTE Multi-mode Digital Mobile Phone user guide warning
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Contents
- 1. user guide warning
- 2. User manual
user guide warning
2 Important Safety Information Important Safety Information 3
IMPORTANT SAFETY
INFORMATION
This booklet contains important operational and
safety information that will help you safely use your
phone. Failure to read and follow the information
provided in this booklet may result in serious
bodily injury, death, or property damage.
General Precautions
There are several simple guidelines to operating
your phone properly and maintaining safe,
satisfactory service.
+ To maximize performance, do not touch the
bottom portion of your phone where the internal
antenna is located while using the phone.
+ Speak directly into the mouthpiece.
+ Avoid exposing your phone and accessories to
rain or liquid spills. If your phone does get wet,
immediately turn the power off and remove
the battery.
+ Do not expose your phone to direct sunlight
for extended periods of time (such as on the
dashboard of a car).
+ Although your phone is quite sturdy, it is a
complex piece of equipment and can be
broken. Avoid dropping, hitting, bending, or
sitting on it.
+ Any changes or modifications to your phone not
expressly approved in this document could void
your warranty for this equipment and void your
authority to operate this equipment.
Note: For the best care of your device, only
authorized personnel should service your
phone and accessories. Failure to do so may
be dangerous and void your warranty.
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 Important Safety Information 5
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.
4 Important Safety Information Important Safety Information 5
Note: Never transport or store flammable gas,
flammable liquids, or explosives in the
compartment of your vehicle that contains
your phone or accessories.
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
deplete your available minutes.
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 packaging. Your Boost
MAX has an M4/T4 rating.
These ratings are not guarantees. Results will
vary depending on the user’s hearing device
and individual type and degree of hearing loss.
If a hearing device is particularly vulnerable to
interference noise; even a phone with a higher
rating may still cause unacceptable noise levels in
the hearing device. Trying out the phone with your
6 Important Safety Information Important Safety Information 7
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 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
6 Important Safety Information Important Safety Information 7
you experience interference or find the quality
of service unsatisfactory after purchasing your
phone, promptly return it to the store.
More information about hearing aid compatibility
may be found at: fcc.gov, fda.gov, and
accesswireless.org.
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 Front
key light 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 the manufacturer of your phone.
Use only manufacturer-approved batteries
and accessories found at boostmobile.com or
through your phone’s manufacturer. Buying the
8 Important Safety Information Important Safety Information 9
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
+ Do not disassemble or crush, bend or deform,
puncture, or shred.
8 Important Safety Information Important Safety Information 9
+ 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.
+ Only use the battery for the system for which it
is specified.
+ Only use the battery with a charging system that
has been qualified by ZTE. 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.
+ Improper battery use may result in a fire,
explosion, or other hazard.
+ The phone shall only be connected to products
that bear the USB-IF logo or 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.
Knowing Radio Frequency Safety
The design of your phone complies with updated
NCRP standards described below.
10 Important Safety Information
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
an approved carrying case, holster or other body-
worn accessory. If you do not use a body-worn
accessory, ensure the antenna is at least 0.4 inch
(1.0 centimeter) 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
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,
10 Important Safety Information Important Safety Information 11
phone design and other factors. What is important
to remember is that each phone meets strict
federal guidelines. Variations in SARs do not
represent a variation in safety.
All phones must meet the federal standard, which
incorporates a substantial margin of safety. As
stated above, variations in SAR values between
different model phones do not mean variations in
safety. SAR values at or below the federal
standard of 1.6 W/kg are considered safe for use
by the public.
The highest reported SAR values of the
Boost MAX are:
Head: 0.91 W/kg (1 g)
Body-worn: 1.27 W/kg (1g)
Simultaneous transmission: 1.59 W/kg (1g)
FCC Radio Frequency Emission
This phone meets the FCC Radio Frequency
Emission Guidelines.
FCC ID number: SRQ-ZTEN9520
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.
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.
12 Important Safety Information
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.:
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
Important Safety Information 13
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 Boost
MAX 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 the list of
products supported by the Seller, you will only be
liable for shipping and labor charges.
14 Manufacturer's Warranty Manufacturer's Warranty 15
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
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
16 Manufacturer's Warranty
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.
effective 07/01/13 General Terms and Conditions of Service 17
GENERAL TERMS AND
CONDITIONS OF SERVICE
Please note that these terms may not be
the most current version. A current version of
the terms is available at boostmobile.com or
upon request. For further information
on Boost Mobile plans, products, and
services go to boostmobile.com or email
Boostmobilecustomerassistance@boostmobile.com
.
Para solicitar esta literatura en español, por
favor visitar 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 07/01/13 effective 07/01/13 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.
When You Accept The Agreement
You must have the legal capacity to accept the
Agreement. You accept the Agreement when you
18 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 19
do any of the following: (a) accept the Agreement
through any printed, oral, or electronic statement,
for example, on the Web by electronically marking
that you have reviewed and accepted; (b) attempt
to or in any way use the Services; (c) pay for
the Services; or (d) open any package or start
any program that says you are accepting the
Agreement when doing so. If you don’t
want to accept the Agreement, don’t do any of
these things.
Service Activation
To activate the Service, you must both activate your
account and establish an appropriate account
balance to pay for pay-per-use charges and
applicable subscription charges (defined in the
“Types of Charges” section) based on the service
plan you select. To establish an account balance,
pay a subscription charge, or make any other
appropriate payments, follow the instructions
provided with the equipment; at boostmobile.com;
or through Boost Customer Care.
Our Right To Change The
Agreement & Your Related Rights
We may change any part of the Agreement at any
time, including, but not limited to, rates, charges,
how we calculate charges, discounts, coverage,
technologies used to provide services, or your
terms of Service. If you lose your eligibility for a
particular rate plan or if a particular rate plan is
no longer supported or available, we may change
your rate plan to one for which you qualify. We will
provide you notice of material changes—and we
may provide you notice of non-material changes—
in a manner consistent with this Agreement
(see “Providing Notice To Each Other Under The
Agreement” section). If you continue to access
or use our Services or increase your account
balance on or after the effective date of a change,
you accept the change. Do not access or use our
20 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 21
Services after the effective date of a change if you
decide to reject the change and terminate Service.
You will not be entitled to any credit for the unused
portion of your account balance if you decide to
terminate Service in response to a change to
the Agreement.
Our Right To Suspend Or
Terminate Services
We can, without notice, suspend or terminate any
Service at any time for any reason. For example,
we can suspend or terminate any Service for
the following: (a) failure to have or maintain an
appropriate account balance for applicable
charges; (b) harassing/threatening/abusing/
offending our employees or agents; (c) providing
false or inaccurate information; (d) interfering
with our operations; (e) using/suspicion of
using Services in any manner restricted by or
inconsistent with the Agreement and Policies;
(f) breaching, failing to follow, or abusing the
Agreement or Policies; (g) modifying a Device
from its manufacturer specifications (for example,
rooting the device); or (h) if we believe the action
protects our interests, any customer’s interests, or
our networks.
Your Right To Change Services &
When Changes Are Effective
The account holder can typically change Services
upon request. In some instances, changes
may be conditioned on payment of certain
charges. The effective date of any changes will
depend on our Policies, the old Services, and the
requested Services. We will not credit or refund
any subscription or other charges as a result of a
change in Services. We may, but are not obligated
to, provide you the opportunity to authorize
someone else to make changes to your Services.
You are responsible for any changes to your
Services made by a person you authorize, and
20 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 21
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 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.
22 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 23
Porting/Transferring
Phone Numbers
We don’t guarantee that number transfers to or
from us will be successful. If you authorize another
carrier to transfer a number away from us, then that
is considered a request by you to us to terminate
all of the Services associated with that number.
Coverage; Where Your Device Will
Work; Service Speeds
Our coverage maps are available at our authorized
retail locations or boostmobile.com. The specific
network coverage you get will depend on the
radio transmissions your Device can pick up and
Services you’ve chosen. Our coverage maps
provide high level estimates of our coverage
areas when using Services outdoors under
optimal conditions. Coverage isn’t available
everywhere. Coverage and Service speeds are
not guaranteed. Coverage is subject to change
without notice. Service speeds may depend on
the Service purchased. Actual speeds will vary.
Estimating wireless coverage, signal strength,
and Service speed is not an exact science.
There are gaps in coverage within our estimated
coverage areas that—along with other factors
both within and beyond our control (for example,
network problems, network or Internet congestion,
software, signal strength, your Device, structures,
buildings, weather, geography, topography, server
speeds of the websites you access, actions of
third parties, etc.) —may result in dropped and
blocked connections, slower Service speeds, or
otherwise impact the quality of Service. Services
that rely on location information, such as E911 and
GPS navigation, depend on your Device’s ability
to acquire satellite signals (typically not available
indoors) and network coverage. While your Device
is receiving a software update, you may be unable
to use your Device in any manner until the software
update is complete.
22 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 23
Roaming
The term “roaming” typically refers to coverage
on another carrier’s network that we may make
available to you based on our agreements with
other carriers. These agreements may change
from time to time, and roaming coverage is
subject to change without notice. Your ability
to receive roaming coverage depends on the
radio transmissions your Device can pick up
and the availability of roaming coverage. We
make no guarantee that roaming coverage will
be available. Roaming coverage may exist both
within and outside our network coverage areas.
Your Device will generally indicate when you’re
roaming. Depending on your Services, separate
charges or limits on the amount of minutes used
while roaming may apply. Certain Services may
not be available or work the same when roaming
(for example, data Services, voicemail, call waiting,
etc.). For information on whether roaming applies,
see your service plan details.
About Data Services & Content
Our data Services and your Device may allow
you to access the Internet, text, pictures, video,
games, graphics, music, email, applications,
sound, and other materials (“Data Content”)
or send Data Content elsewhere. Some Data
Content is available from us or our vendors,
while other Data Content can be accessed from
others (for example, third party websites, games,
ringers, applications, etc.). We make absolutely
no guarantees about the Data Content that you
access on your Device. Data Content may be:
(1) unsuitable for children/minors; (2) unreliable
or inaccurate; or (3) offensive, indecent, or
objectionable. You’re solely responsible for
evaluating the Data Content accessed by you
or anyone through your Services. We strongly
recommend that you monitor data usage by
children/minors. Data Content from third parties
may also harm your Device or its software. We
are not responsible for any Data Content. We
24 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 25
are not responsible for any damage caused by
any Data Content that you access through your
Services, that you load on your Device, or that
you request that our representatives access or
load on your Device. To protect our networks
and Services or for other reasons, we may place
restrictions on accessing certain Data Content
(such as certain websites, applications, etc.);
impose separate charges; limit throughput or the
amount of data that you can transfer; or otherwise
limit or terminate Services. If we provide you
storage for Data Content that you have purchased,
then we may delete the Data Content without
notice or place restrictions/limits on the use of
storage areas. Data Content stored on a Device,
transmitted over our networks, or stored by Boost
may be deleted, modified, or damaged. You may
not be able to make or receive voice calls while
using data Services. Data Content provided by our
vendors or third parties is subject to cancellation
or termination at any time without notice to you,
and you may not receive a refund for any unused
portion of the Data Content.
Specific Terms & Restrictions On
Using Data Services
In addition to the rules for using all of our other
Services, unless we identify the Service or Device
that you have selected as specifically intended for
that purpose (for example, wireless routers, Data
Link, etc.), you can’t use our data Services: (1) with
server devices or host computer applications, or
other systems that drive continuous, heavy traffic
or data sessions; (2) as a substitute or backup
for private lines or frame relay connections; or (3)
for any other unintended use as we determine in
our sole discretion. We reserve the right to limit,
suspend, or constrain any heavy, continuous
data usage that adversely impacts our networks’
performance or hinders access to our networks.
If your Services include Web or data access,
you also can’t use your Device as a modem
24 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 25
for computers or other equipment, unless we
identify the Service or Device you have selected
as specifically intended for that purpose (for
example, with “phone as modem” plans, mobile
broadband card plans, wireless router plans, etc.).
Software License
If Boost provides you software as part of the
Service and there are not software license terms
provided with the software (by Boost or by a third
party), then Boost grants you a limited, revocable,
non-exclusive, non-transferable license to use
the software to access the Services for your own
individual use. You will not sell, resell, transfer, copy,
translate, publish, create derivative works of, make
any commercial use of, modify, reverse engineer,
decompile, or disassemble the software. Boost
may revoke this license at any time.
Fees, Activation &
Miscellaneous Charges
Based on our Policies, we may charge activation,
prepayment, reactivation, program, or other fees
to establish, change, or maintain Services. Certain
transactions may also be subject to a charge (for
example, convenience payment, changing phone
numbers, handset upgrades, etc.). You will be
provided notice of these types of fees before we
complete the requested transaction.
Usage Charges
The types of charges that you incur will vary
depending on the Service used and your service
plan. You are responsible for the Services on
your account and associated charges, including
charges made by a person you permit to have
direct or indirect access to your device even if you
did not authorize its use. Charges may include,
but are not limited to, prepayment for service
charges; charges for additional services; and
26 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 27
taxes, surcharges, and fees associated with your
Services. For the actual usage charges applicable
to your Service, see the detailed plan or other
information we provide or refer you to during the
sales transaction or on our website. Depending
on your Services, charges for additional services
may include operator and directory assistance,
voicemail, call forwarding, data calls, texts, and
Web access. If you (the account holder) allow end
users to access or use your Device, you authorize
end users to access, download, and use Services.
You will generally be charged for use of Services
before or at the time of use in accordance with
your service plan. In certain instances, we may
charge at some point after you use the Service.
Rates that vary based on the time of access will be
determined based on the location of the network
equipment providing service and not the location
of your Device or your Device’s area code (if
applicable). Charges are generally deducted from
your account balance (for example, pay-per-use
charges, subscription charges, etc.), though in
some instances you may be able to pay for certain
Services through a credit card, debit card, or other
payment method. If you have incurred charges or
fees that were not charged prior to your account
balance reaching a zero balance, we may deduct
these outstanding, unpaid charges and fees
from any subsequent amounts you add to your
account balance.
Types of Charges
We typically assess the following types of
charges: (1) “pay-per-use charges,” which are
charges assessed each time a Service is used;
(2) “subscription charges,” which are charges
that allow you access to a Service or provide you
a certain amount of use of a Service for a defined
period of time. Subscription charges for Services
end at 11:59 p.m., in the time zone in which your
phone number is based, on the last day of your
subscription period. Also, depending on your
Service, certain types of subscription charges
26 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 27
may be assessed automatically upon activation
and automatically assessed for subsequent
subscription periods; and (3) “download charges,”
which are charges assessed when you download
or access content, which we collect on behalf of
ourselves or third-party content providers.
How We Calculate Your Charges
Regular Voice Calls: We round up partial minutes
of use to the next full minute. Time starts when
you press “Talk” or your Device connects to
the network and stops when you press “End”
or the network connection otherwise breaks.
You’re charged for all calls that connect, even
to answering machines, voicemail, or voice
transcription services. You won’t be charged for
unanswered calls or if you get a busy signal. For
incoming calls answered, you’re charged from
the time shortly before the Device starts ringing
until you press “End” or the network connection
otherwise breaks. You’re charged for the entire call
based on the rate that applies to the time period in
which the call starts. However, the types of charges
actually deducted from your account balance will
vary depending on your Service. Call time data
displayed on your Device may be inaccurate and
may not be relied upon for determining charges
to your account. Call time for a single call may be
limited. If the call exceeds the limit, then it may be
automatically terminated.
Data Usage: Depending on your Service, you may
be charged for data usage. Unless we specifically
tell you otherwise, data usage is measured in
bytes, kilobytes, megabytes, and gigabytes—not
in minutes/time. 1024 bytes equals 1 kilobyte (“KB”),
1024 KB equals 1 megabyte, and 1024 megabytes
equals 1 gigabyte. Bytes are rounded up to KB,
so you will be charged at least 1 KB for each data
usage session (“data session”). Rounding occurs
at the end of each data session and sometimes
during a data session. Depending on your data
Services, usage may be charged against an
28 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 29
allowance or on a fixed price per KB, and you may
be subject to limitations on the amount of data
usage. If you are charged on a fixed price per KB,
any fractional cents will be rounded up to the next
cent. You are charged for all data directed to your
Device’s Internet address, including data sessions
you did not initiate and for incomplete transfers.
As long as your Device is connected to our data
networks, you may incur data charges. Examples
of data for which you will be charged includes the
size of a requested file or Data Content (game,
ringer, etc.); Web page graphics (logos, pictures,
banners, advertisement, etc.); additional data
used in accessing, transporting, and routing the
file on our network; data from partial or interrupted
downloads; re-sent data; and data associated with
unsuccessful attempts to reach websites or use
applications. These data charges are in addition
to any charges for the Data Content itself (game,
ringer, etc.). Data used and charged to you will vary
widely, even between identical actions or data
sessions. Estimates of data usage—for example,
the size of downloadable files—are not reliable
predictors of actual usage.
Taxes & Government Fees
You agree to pay all federal, state, and local taxes,
fees, and other assessments that we’re required
by law to collect and remit to the government on
the Services that we provide to you. These
charges may change from time to time without
advance notice.
Surcharges
You agree to pay all Boost surcharges
(“Surcharges”), which may include, but are not
limited to: Federal Universal Service; Regulatory
and Administrative charges; gross receipts
charges, and other charges. Surcharges are not
taxes, and we are not required by law to assess
them. They are part of our rates we choose, at our
discretion, to collect from you to recover certain
costs, and are kept by us. The number and type
28 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 29
of Surcharges will be provided and may vary
depending upon the location of the transaction
or the primary account address of the payment
method or Device and can change over time. We
determine the amount for these charges, and
these amounts are subject to change as are the
components used to calculate these amounts.
We will provide you notice of any changes to
Surcharges in a manner consistent with this
Agreement (see “Providing Notice To Each
Other Under The Agreement” section). However,
because some Surcharges are based on amounts
set by the government or based on government
formulas, it will not always be possible to provide
advance notice of new Surcharges or changes in
the amount of existing Surcharges. Information
on Surcharges is provided during the sales
transaction and is available on our website.
Disputing Charges
Any dispute to a charge that we assess you must
be made in writing within 60 days of the date we
deduct the charge from your account balance. You
accept all charges not properly disputed within
the above time period.
About Account Balances
To keep your account active and avoid service
interruptions, you must either maintain a positive
account balance at all times or pay any applicable
subscription charges (depending on your service
plan). Account balances are not transferable,
redeemable for cash, or refundable; that is, once
you make payment on your account, you are
provided a credit on your account that can only be
used to pay for our Services during the effective
period, which varies depending on your service
plan. Positive account balances are forfeited
if they are not used within the effective period
specified in your service plan (if you properly
30 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 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
30 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 31
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 (for example, use
32 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 33
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
32 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 33
have the right, and we have a duty, to protect
the confidentiality of your CPNI. For example,
we implement safeguards that are designed
to protect your CPNI, including authentication
procedures when you contact us. For
some accounts with a dedicated Boost
representative, we may rely on contacting your
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 07/01/13
Location-Enabled Services
Our networks generally know the location of
your Device when it is outdoors and/or turned
on. By using various technologies to locate your
Device, we can provide enhanced emergency 911
services and optional location-enabled services
provided by us or a third party. Network coverage
or environmental factors (such as structures,
buildings, weather, geography, landscape, and
topography) can significantly impact the ability to
access your Device’s location information and use
of location-enabled services.
You agree that any authorized user may access,
use, or authorize Boost or third-party location-
enabled applications through the Services. You
understand that your use of such location-enabled
applications is subject to the application’s terms
and conditions and policies, including its privacy
policy. If you activate location-enabled services for
devices used by other authorized users, you agree
to inform the authorized user(s) of the terms of
use for location-enabled applications and that the
Device may be located.
911 Or Other Emergency Calls
Public safety officials advise that when making
911 or other emergency calls, you should always
be prepared to provide your location information.
Unlike traditional wireline phones, depending on
a number of factors (for example, whether your
Device is GPS-enabled, where you are, whether
local emergency service providers have upgraded
their equipment, etc.), 911 operators may not
know your phone number, your location, or the
location of your Device. In certain circumstances,
an emergency call may be routed to a state
patrol dispatcher or alternative location set by
local emergency service providers. Enhanced
911 service (“E911”)—where enabled by local
emergency authorities—uses GPS technology to
provide location information. Even when available,
however, E911 does not always provide accurate
34 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 35
location information. If your Device is indoors or
for some other reason cannot acquire a satellite
signal, you may not be located. Some Devices
have a safety feature that prevents use of the
keypad after dialing 911—you should follow voice
prompts when interacting with emergency service
providers employing interactive voice response
systems to screen calls.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or
stolen so we can freeze your account. You may
be responsible for usage charges before you
notify us of the alleged loss or theft. You agree to
cooperate if we choose to investigate the matter
(provide facts, sworn statements, etc.). We may
not credit or refund any account balance if you
choose to terminate Services as a result of loss or
theft of your Device. If you do not either activate
a new device or notify us that you have found
your Device within 60 days from the date we froze
your account, your account will be deactivated,
we may assess a charge equal to the balance
in your account (which is not refundable), and, if
applicable, you will lose your phone number.
Disclaimer of Warranties
UNLESS EXPRESSLY PROVIDED IN WRITING
OTHERWISE, WE MAKE NO REPRESENTATIONS
OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING (TO THE EXTENT ALLOWED BY LAW)
ANY IMPLIED WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE CONCERNING YOUR
SERVICES (INCLUDING YOUR DEVICE AND ANY
SOFTWARE OR APPLICATIONS ON YOUR DEVICE).
WE DON’T PROMISE UNINTERRUPTED OR
ERROR-FREE SERVICES AND DON’T AUTHORIZE
ANYONE TO MAKE WARRANTIES ON OUR
BEHALF. BOOST PROVIDES ALL SOFTWARE AND
APPLICATIONS ON AN “AS IS” BASIS WITH ALL
FAULTS, ERRORS, AND DEFECTS.
36 General Terms and Conditions of Service effective 07/01/13
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.
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
36 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 37
NO MORE THAN THE PROPORTIONATE AMOUNT
OF THE SERVICE CHARGES ATTRIBUTABLE
TO THE AFFECTED PERIOD. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
MULTIPLE, OR SPECIAL DAMAGES OF ANY
NATURE WHATSOEVER ARISING OUT OF OR
RELATED TO PROVIDING OR FAILING TO PROVIDE
SERVICES IN CONNECTION WITH A DEVICE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
LOSS OF BUSINESS, OR COST OF REPLACEMENT
PRODUCTS AND SERVICES.
DISPUTE RESOLUTION AND
ARBITRATION
PLEASE READ THIS CAREFULLY; IT
AFFECTS YOUR RIGHTS
In those rare instances where your concern is
not resolved to your satisfaction through calls to
our customer care, you and Boost each agree
to try to resolve those disputes in good faith
after you provide written notice of the dispute
as set forth below. If the dispute is not resolved,
you and Boost agree that the dispute will be
resolved through individual binding arbitration
or small claims court, instead of courts of
general jurisdiction.
Mandatory Arbitration and Waiver of
Class Action
Instead of suing in court, you and Boost agree to
arbitrate all Disputes (as defined below) on an
individual, non-representative, basis. You agree
that, by entering into this Agreement, you and
Boost are waiving the right to a trial by jury or to
participate in a class action or representative
action. This agreement to arbitrate is intended
to be broadly interpreted.
In arbitration, there is no judge or jury. Instead
Disputes are decided by a neutral third-party
arbitrator in a more informal process than in
38 General Terms and Conditions of Service effective 07/01/13
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
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
38 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 39
documents and supporting information; and
(b) a statement of the specific relief sought.
A Notice of Dispute to Boost should be sent
to: General Counsel; Arbitration Office; 12502
Sunrise Valley Drive, Mailstop VARESA0202-
2C682; Reston, Virginia 20191. Boost will provide
a Notice of Dispute to you in accordance with
the “Providing Notice To Each Other Under The
Agreement” section of this Agreement. Boost
will assign a representative to work with you and
try to resolve your Dispute to your satisfaction.
You and Boost agree to make attempts to
resolve the Dispute prior to commencing
an arbitration or small claims action. If an
agreement cannot be reached within forty-five
(45) days of receipt of the Notice of Dispute,
you or Boost may commence an arbitration
proceeding or small claims action.
Arbitration Terms, Process, Rules
and Procedures
(1) Unless you and Boost agree otherwise,
the arbitration will be conducted by a single,
neutral arbitrator and will take place in the
county of the last billing address of the Service.
The arbitration will be governed by either: (a)
rules that we mutually agree upon; or (b) the
JAMS Comprehensive Arbitration Rules &
Procedures (the “JAMS Rules”), as modified by
this agreement to arbitrate, including the rules
about the filing, administration, discovery and
arbitrator fees. The JAMS rules are available on
its website at jamsadr.com. Notwithstanding
any JAMS Rule to the contrary or any other
provision in arbitration rules chosen, by
agreement, to govern the arbitration, we each
agree that all issues regarding the Dispute are
delegated to the arbitrator to decide, except
that only a court (and not the arbitrator) shall
decide any disagreements regarding the scope
40 General Terms and Conditions of Service effective 07/01/13
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,
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
40 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 41
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, COUTERCLAIM OR ANY
OTHER COURT PROCEEDING, WE EACH AGREE
THAT TO THE EXTENT ALLOWED BY LAW, THERE
WILL NOT BE A JURY TRIAL OR CLASS ACTION
AND WE EACH UNCONDITIONALLY (1) WAIVE ANY
RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY
RIGHT TO PURSUE DISPUTES ON A CLASSWIDE
BASIS, INCLUDING JOINING A CLAIM WITH THE
CLAIM OF ANY OTHER PERSON OR ENTITY
OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY
OTHER PROCEEDING.
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;
42 General Terms and Conditions of Service effective 07/01/13
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
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
42 General Terms and Conditions of Service effective 07/01/13 effective 07/01/13 General Terms and Conditions of Service 43
Agreement or any of your rights or duties under it
unless we agree to the assignment. We can assign
the Agreement without notice. You cannot in any
manner resell Devices or Services to another party.
You cannot export any Device. The Agreement
and the documents it incorporates make up the
entire agreement between us and replaces all
prior written or spoken agreements—you can’t rely
on any contradictory documents or statements
by sales or service representatives. The rights,
obligations, and commitments in the Agreement
that—by their nature—would logically continue
beyond the termination of Services (for example,
those relating to billing, payment, 911, dispute
resolution, no class action, no jury trial) survive
termination of Services.
[End General Terms and Conditions of Service]
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