HTC 2PQ9300 Smartphone User Manual Statement

HTC Corporation Smartphone Users Manual Statement

Contents

Users Manual Statement

Important Information
for the HTC One® A9
Important Safety Information –
page 2
Manufacturer’s Warranty –
page 18
General Terms and Conditions of
Service – page 34
Important Message from Sprint –
page 66
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.
• 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 modiications 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 Sprint-
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.
Road safety
When behind the wheel, driving safely should always
be your irst priority. According to the National Highway
Trafic Safety Administration (NHTSA), scientiic
research indicates that using a wireless phone while
driving degrades a driver’s performance, whether used
in a hands-free or hand-held mode. NHTSA advises that
the “safest course of action is to refrain from using a cell
phone while driving.” NHTSA’s policy on “Cell Phone Use
While Driving,” as well as Frequently Asked Questions
on the subject, are available at www.nhtsa.gov. For
your safety and the safety of those around you, please
consider turning your phone off while you are driving.
If you choose to use your phone while driving, be aware
that some state and local governments have adopted
laws governing the use of wireless devices while driving.
It is your responsibility to know and comply with the
laws in your area.
Tip: Purchase an optional hands-free accessory
at your local Sprint Store, or call Sprint at
1-866-866-7509.
4 Important Safety Information
Following Safety Guidelines
To operate your phone safely and eficiently, 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.
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.
Using Your Phone While Flying
Use of cell phones may be restricted on aircraft. Please
check with your airline to see what restrictions may
apply. You may be required to turn off your phone at
certain times. Use of your phone’s cellular connection
and use of your phone for voice communications may
be prohibited by law or airline policy. For your safety
and the safety of other passengers, always follow crew
instructions regarding the use of your phone.
4 Important Safety Information Important Safety Information 5
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 ire, 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 lammable gas, lammable
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 increase your Sprint invoice.
Important Health Information and Safety
Precautions
When using this product, the safety precautions below
must be taken to avoid possible legal liabilities and
damages.
Retain and follow all product safety and operating
instructions. Observe all warnings in the operating
instructions on the product.
6 Important Safety Information
To reduce the risk of bodily injury, electric shock, ire,
and damage to the equipment, observe the following
precautions.
Electrical Safety
This product is intended for use when supplied with
power from the designated battery or power supply
unit. Other usage may be dangerous and will invalidate
any approval given to this product.
Safety Precautions for Proper Grounding
Installation
CAUTION: Connecting to improperly grounded
equipment can result in an electric shock to your device.
This product is equipped with a USB Cable for
connecting with desktop or notebook computer. Be sure
your computer is properly grounded (earthed) before
connecting this product to the computer. The power
supply cord of a desktop or notebook computer has an
equipment-grounding conductor and a grounding plug.
The plug must be plugged into an appropriate outlet
which is properly installed and grounded in accordance
with all local codes and ordinances.
Safety Precautions for Power Supply Unit
• Use the correct external power source
A product should be operated only from the type
of power source indicated on the electrical ratings
label. If you are not sure of the type of power source
required, consult your authorized service provider
or local power company. For a product that operates
from battery power or other sources, refer to the
operating instructions that are included with the
product.
This product should be operated only with the
following designated power supply unit(s).
AC Adapter: HTC, TC P900-US
6 Important Safety Information Important Safety Information 7
• Handle battery packs carefully
This product contains a Lithium-ion polymer or
Lithium-ion battery. There is a risk of ire and burns
if the battery pack is handled improperly. Do not
attempt to open or service the battery pack. Do
not disassemble, crush, puncture, short external
contacts or circuits, dispose of in ire or water, or
expose a battery pack to temperatures higher than
60˚C (140˚F).
WARNING: To reduce risk of ire or burns,
do not disassemble, crush, puncture, short
external contacts, expose to temperature
above 60° C (140° F), or dispose of in ire or
water. Recycle or dispose of used batteries
according to the local regulations or
reference guide supplied with your product.
Take Extra Precautions
• Keep the device dry and away from water or any liquid
as it may cause a short circuit.
• The phone should only be connected to products that
bear the USB-IF logo or have completed the USB-IF
compliance program.
• Only use the battery with a charging system that has
been qualiied with the system per this standard,
IEEE-Std-1725. Use of an unqualiied battery or charger
may present a risk of ire, explosion, leakage or other
hazard.
• Avoid dropping the phone. If the phone or battery
is dropped, especially on a hard surface, and the
user suspects damage, take it to a service centre for
inspection.
8 Important Safety Information
• If the battery leaks:
▪ Do not allow the leaking luid to come in contact
with skin or clothing. If already in contact, lush the
affected area immediately with clean water and
seek medical advice.
▪ Do not allow the leaking luid to come in contact
with eyes. If already in contact, DO NOT rub; rinse
with clean water immediately and seek medical
advice.
▪ Take extra precautions to keep a leaking battery
away from ire as there is a danger of ignition or
explosion.
Electrical Safety
• Accessories
▪ Use only approved accessories.
▪ Do not connect with incompatible products or
accessories.
• Connection to a car
Seek professional advice when connecting a phone
interface to the vehicle electrical system.
• Faulty and damaged products
▪ Do not attempt to disassemble the phone or its
accessory.
▪ Only qualiied personnel must service or repair the
phone or its accessory.
General Precautions
You alone are responsible for how you use your phone
and any consequences of its use. You must always switch
off your phone wherever the use of a phone is prohibited.
Use of your phone is subject to safety measures designed
to protect users and their environment.
• Protect your phone
▪ Do not use harsh chemicals, cleaning solvents, or
aerosols to clean the device or its accessories.
8 Important Safety Information Important Safety Information 9
▪ Do not attempt to disassemble your phone or its
accessories, only authorised personnel must do so.
• Avoid hot areas
The product should be placed away from heat sources
such as radiators, heat registers, stoves, or other
products (including ampliiers) that produce heat.
Avoid Using Your Device After a Dramatic Change
in Temperature
When you move your device between environments
with very different temperature and/or humidity
ranges, condensation may form on or within the device.
To avoid damaging the device, allow suficient time for
the moisture to evaporate before using the device.
NOTICE: When taking the device from low-
temperature conditions into a warmer environment
or from high-temperature conditions into a cooler
environment, allow the device to acclimate to room
temperature before turning on power.
• Avoid pushing objects into product
Never push objects of any kind into cabinet slots or
other openings in the product. Slots and openings
are provided for ventilation. These openings must
not be blocked or covered.
• Adjust the volume
Turn down the volume before using headphones or
other audio devices.
• Cleaning
Unplug the product from the wall outlet before
cleaning. Do not use liquid cleaners or aerosol
cleaners. Use a damp cloth for cleaning, but NEVER
use water to clean the LCD screen.
10 Important Safety Information
Regulatory Agency Identiications
For regulatory identiication purposes, your product is
assigned a model number of 2PQ9300.
Your phone’s FCC ID is NM82PQ9300. This FCC ID can
be found printed on the back of your device.
To ensure continued reliable and safe operation of your
device, use only the HTC qualiied battery with your
2PQ9300. Battery Pack, model number B2PQ9100.
Operating temperature range: 32°F to 104°F (0°C to 40°C)
FCC Hearing-Aid Compatibility (HAC)
Regulations for Wireless Devices
The FCC has adopted rules to ensure reasonable access
to telecommunications services for persons with hearing
disabilities. As part of this effort, the industry uses a
rating system for wireless phones to help hearing device
users ind phones that may be compatible with their
hearing devices (hearing aids and cochlear implants).
This hearing-aid compatibility (HAC) rating system is
described in the American National Standards Institute
(ANSI) C63.19 standard and includes the following ratings:
M-Ratings: For phones that use acoustic coupling with
hearing devices that are not operating in telecoil mode.
Phones rated M3 or M4 meet FCC HAC requirements
and are likely to generate less radio frequency
interference with hearing devices than phones with
lower ratings. M4 is the better/higher of the two ratings.
Your HTC One A9 is rated M4.
T-Ratings: For phones that use inductive coupling with
hearing devices operating in telecoil mode. Phones
rated T3 or T4 meet FCC HAC requirements and are
likely to be more usable with a hearing aid’s telecoil than
phones that are not rated. T4 is the better/higher of the
two ratings. Your HTC One A9 is rated T3.
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 some newer wireless
10 Important Safety Information Important Safety Information 11
technologies used in this phone that have not been
tested yet for use with hearing aids. It is important to try
the different features of this phone thoroughly and in
different locations, using your hearing aid or cochlear
implant, to determine if you hear any interfering noise.
Consult your service provider or the manufacturer of
this phone for information on hearing aid compatibility.
If you have questions about return or exchange policies,
consult your service provider or phone retailer.
The ratings are not guarantees. Trying out the phone
with your hearing device is the best way to evaluate it
for your personal needs. Results will vary depending on
a user’s hearing device and hearing loss. For example,
if some wireless phones are used near some hearing
devices, users may detect a buzzing, humming, or
whining noise. Some hearing devices are more immune
than others to this interference noise, and phones also
vary in the amount of interference they generate. If your
hearing device happens to be vulnerable to interference,
you may not be able to use a rated phone successfully.
Please power off the Bluetooth function while using
hearing aid devices with your HTC One A9.
For information about hearing aids and digital wireless
phones:
• FCC Hearing Aid Compatibility and Volume Control:
http://www.fcc.gov/cgb/dro/hearing.html
• Hearing Aid Compatibility for Wireless Telephones:
http://www.fcc.gov/guides/hearing-aid-compatibility-
wireless-telephones
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
ire, or exploding. It appears that many, if not all, of
12 Important Safety Information
these reports involve counterfeit or inexpensive,
aftermarket-brand batteries with unknown or
questionable manufacturing standards. Sprint is
not aware of similar problems with Sprint phones
resulting from the proper use of batteries and
accessories approved by Sprint or the manufacturer
of your phone. Use only Sprint-approved or
manufacturer-approved batteries and accessories
found at Sprint Stores or through your phone’s
manufacturer, or call 1-866-866-7509 to order. They’re
also available at sprint.com/accessories. Buying the
right batteries and accessories is the best way to
ensure they’re genuine and safe.
• In order to avoid damage, charge the battery only in
temperatures that range from 32° F to 104° F (0° C to
40° C).
• Don’t use the battery charger in direct sunlight or in
high humidity areas, such as the bathroom.
• 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:
▪ -4° F to 104° F (-20° C to 40° C)
Disposal of Lithium Ion (Li-Ion) Batteries
Do not handle a damaged or leaking Li-Ion battery as
you can be burned.
Important Safety Information 13
For safe disposal options of your Li-Ion batteries,
contact your nearest Sprint 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.
Exposure to Radio Frequency Energy
Your wireless device has an internal antenna that emits
radio frequency (RF) energy. Human exposure to RF
energy has been and continues to be the subject of
scientiic research. According to the U.S. Food and Drug
Administration (FDA), “the weight of scientiic evidence
has not linked cell phones with any health problems.”
You can access this FDA publication and other
information on human exposure to RF energy at:
U.S. Food and Drug Administration:
http://www.fda.gov/Radiation-EmittingProducts/
RadiationEmittingProductsandProcedures/
HomeBusinessandEntertainment/CellPhones/ucm116282.htm
Federal Communications Commission:
http://www.fcc.gov/encyclopedia/radio-frequency-safety
NIH National Institute of Environmental Health Sciences:
http://www.niehs.nih.gov/health/topics/agents/cellphones/
Health Canada:
http://www.hc-sc.gc.ca/hl-vs/iyh-vsv/prod/cell-eng.php
World Health Organization:
http://www.who.int/mediacentre/factsheets/fs193/en/
IEEE Committee on Man and Radiation:
http://ewh.ieee.org/soc/embs/comar/
International Commission on Non-Ionizing Radiation
Protection:
http://www.icnirp.de/
14 Important Safety Information
Speciic Absorption Rate (SAR) Testing
Your device has been designed to comply with
applicable limits for RF exposure. These limits use a
unit of measurement called Speciic Absorption Rate,
or SAR, which refers to the rate at which the body
absorbs RF energy. The Federal Communications
Commission (FCC) has established a SAR limit for
mobile phones of 1.6 W/kg, which applies in the United
States and other countries that follow the FCC’s SAR
limit. This limit is based upon standards developed by
expert non-government organizations, such as the
Institute of Electrical and Electronics Engineers (IEEE)
and the National Council on Radiation Protection and
Measurements (NCRP), and input from other federal
agencies such as the FDA and EPA. In countries that
follow the Council of the European Union, the SAR limit
is 2.0 W/kg.
SAR testing is conducted with the device placed
in common operating positions (e.g., held against
the head, worn on the body) and transmitting at its
highest certiied power level in each frequency band
of operation. Because the device is transmitting at
its highest certiied power level, SAR tests capture a
worst-case operating scenario and therefore often do
not relect the amount of RF exposure during normal,
everyday use. More information on SAR testing is
available on the FCC’s website at http://www.fcc.gov/
guides/wireless-devices-and-health-concerns.
HTC Corp. submitted SAR test results demonstrating
compliance with the FCC’s SAR limit for wireless devices
as part of the FCC’s equipment certiication process for
this device. These results can be accessed via the FCC’s
equipment authorization database (found at http://
transition.fcc.gov/oet/ea/fccid/) by searching for the
device’s FCC ID: NM82PQ9300. This device’s maximum
SAR values as reported to the FCC are:
14 Important Safety Information Important Safety Information 15
SAR Information
Head: 1.01 W/kg@1g
Body: 0.79 W/kg@1g
This device was tested for typical body-worn operations.
A minimum separation distance must be maintained
between the user’s body and the handset, including the
antenna:
• 1 cm to comply with the RF exposure requirements in
the U.S.
• 1.5 cm to comply with the RF exposure requirements
in Europe.
Third-party belt-clips, holsters, and similar accessories
used by this device should not contain any metallic
components. Body-worn accessories that do not meet
these requirements may not comply with RF exposure
requirements and should be avoided.
Reducing RF Exposure
Organizations such as the FCC have identiied the
following measures to reduce your exposure to RF
energy:
• Use speaker mode or a hands-free accessory to
minimize time spent with the wireless device held
against your head;
• Increase the distance between the wireless device
and your head and body; and
• Send texts instead of making or receiving voice calls.
For more information, see the FCC’s web page on
Wireless Devices and Health Concerns at http://www.fcc.
gov/guides/wireless-devices-and-health-concerns.
FCC RF Radiation Exposure Statement
This equipment has been tested and found to comply
with co-location compliance requirements for built-
in Bluetooth and WLAN. This equipment must not be
co-located or operated in conjunction with any other
antenna or transmitter.
16 Important Safety Information
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 modiications not expressly approved by
the party responsible for compliance could void the
user’s authority to operate the equipment.
Note: This equipment has been tested and found
to comply with the limits for a Class B digital
device, pursuant to Part 15 of the FCC Rules.
These limits are designed to provide reasonable
protection against harmful interference in a residential
installation. This equipment generates, uses and can
radiate radio frequency energy and, if not installed and
used in accordance with the instructions, may cause
harmful interference to radio communications.
However, there is no guarantee that interference will not
occur in a particular installation.
If this equipment does cause harmful interference to
radio or television reception, which can be determined
by turning the equipment off and on, the user is
encouraged to try to correct the interference by one or
more of the following measures:
• Reorient the direction of the internal antenna.
• Increase the separation between the equipment and
receiver.
• Connect the equipment into an outlet on a circuit
different from that to which the receiver is connected.
• Consult the dealer or an experienced radio/TV
technician for help.
16 Important Safety Information Important Safety Information 17
Owner’s Record
The model number, regulatory number, and serial
number are engraved on the bottom part of the back
panel. 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: 2PQ9300
Serial No.:
Proprietary Notice
© 2013-2015 HTC Corporation. All rights reserved. HTC,
the HTC logo, and all other HTC device and feature
names are the trademarks or registered trademarks in
the U.S. and/or other countries of HTC Corporation and
its afiliates.
Disposing Notice
Disposing of Your Phone
Like many electronic devices, your phone contains
materials and substances that may be hazardous to the
environment if not properly disposed of. Additionally,
discarding a mobile phone in a landill may be illegal
in some jurisdictions. For information on how to safely
dispose of your phone, please refer to Sprint’s recycling
information at sprint.com/recycle. You may also safely
dispose of this phone through HTC’s free mail-back
program at freeurecycle.com.
18 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.
For information regarding the terms and conditions of
service for your device, please visit sprint.com or call
Sprint Customer Service at 1-888-211-4727.
HTC LIMITED WARRANTY
PLEASE READ THIS LIMITED WARRANTY CAREFULLY
TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS.
THIS LIMITED WARRANTY CONTAINS A MANDATORY
ARBITRATION AGREEMENT.
BY USING YOUR HTC PRODUCT OR ACCESSORY, YOU
AGREE TO THE LIMITED WARRANTY AND ARBITRATION
AGREEMENT BELOW. IF YOU DO NOT ACCEPT THIS
LIMITED WARRANTY OR ARBITRATION AGREEMENT,
DO NOT USE YOUR HTC PRODUCT. INSTEAD, PLEASE
RETURN IT WITHIN FOURTEEN (14) DAYS OF PURCHASE
TO THE PROVIDER OR RETAILER FROM WHOM YOU
PURCHASED IT FOR A REFUND. SOME STATES, WIRELESS
SERVICE PROVIDERS OR RETAILERS ALLOW A LONGER
RETURN PERIOD, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
DEFINITIONS
The following deinitions apply to this Limited Warranty:
1. “Product” means a new mobile device that can be
identiied by the “HTC” trademark, trade name, or
logo afixed to the device as originally supplied,
manufactured by or for HTC and purchased from an
authorized retailer.
18 Manufacturer's Warranty Manufacturer's Warranty 19
2. “Accessory” means a new headset, case, or other
secondary component that is not afixed to the
Product at the time of sale and included in the box;
provided that it was manufactured by or for HTC and
purchased from an authorized retailer and can be
identiied by the “HTC” trademark, trade name, or
logo afixed to the to the component as originally
supplied.
3. “Warranty Period,” for a Product, means twelve (12)
months from the date You purchased the Product
from an authorized retailer; and for Accessories,
including any media on which software is provided,
CD-ROM, or memory card, means ninety (90) days
from the date You purchased it from an authorized
retailer; unless You and HTC agree in writing to a
different duration.
4. “State” means a State, the District of Columbia,
and any other United States territory or
possession.
5. “You” or “Your” means the original retail purchaser
and/or original end-user of the Product or
Accessory.
WHAT IS COVERED BY THIS LIMITED
WARRANTY?
During the Warranty Period HTC warrants that the
Product or Accessory will function properly if used
under normal conditions in accordance with the user
instruction materials packaged with the Product or
Accessory or posted on-line (“Limited Warranty”).
This Limited Warranty is given only to You, and may not
be sold, assigned, transferred, or given in full or in part
to any subsequent purchaser or acquirer of the Product
or Accessory or any other person. This Limited Warranty
gives You speciic legal rights, and You may also have
other rights which vary from State to State.
20 Manufacturer's Warranty
WHAT IS NOT COVERED BY THIS LIMITED
WARRANTY?
This Limited Warranty does not apply other than to the
Product or Accessory. It therefore does not apply to any
non-HTC equipment or any software whatsoever, whether
developed by HTC or a third party, even if packaged
with or installed on the Product or Accessory prior to
purchase by You. Third party manufacturers, suppliers, or
publishers may provide warranties for their own products
and You may contact them directly for service.
EVEN WITH RESPECT TO THE PRODUCT OR ACCESSORY
YOU PURCHASED, THIS LIMITED WARRANTY SHALL NOT
APPLY:
1. if the Product or Accessory serial number, the date
code, the IMEI/MEID number, the water indicator,
or the warranty seal (void label) has been removed,
erased, defaced, or altered, or is illegible;
2. to any deterioration of the cosmetic appearance of
the Product or Accessory due to normal wear and
tear;
3. to consumable parts, such as batteries or protective
coatings that are reasonably expected to diminish
over time, unless failure has occurred due to a
malfunction;
4. to malfunctions caused by the battery, if improperly
installed by You or another person, if the seals of the
battery enclosure or the cells are broken or show
evidence of tampering, or if used in equipment other
than that for which it has been speciied;
5. to malfunctions caused by electrical surges or other
electrical current problems that are not the fault of
the Product or Accessory;
6. to use not in accordance with the user manual;
rough handling; exposure to moisture, dampness
or extreme thermal or environmental conditions
or a rapid change in such conditions; corrosion; or
oxidation;
20 Manufacturer's Warranty Manufacturer's Warranty 21
7. to unauthorized modiications or connections,
unauthorized opening, repair by use of
unauthorized spare parts, or repair by an
unauthorized person or location;
8. to accidents, forces of nature, or other actions
beyond the reasonable control of HTC (including
but not limited to deiciencies in consumable
parts) unless the defect was caused directly by a
malfunction;
9. to physical damage to the surface of the Product
or Accessory, including but not limited to cracks or
scratches on any LCD screen or lens;
10. to any Bluetooth device, wireless connection or
other product to which the Product may connect.
HTC does not warrant that the operation of the
Product or Accessory will be uninterrupted or error-
free. HTC makes no warranty regarding the speed
or quality of service provided by a wireless service
provider;
11. where the software loaded on the Product, including
but not limited to the operating system, needs to
be upgraded due to changes in cellular network
parameters or the availability of an updated operating
system, if such updates can be loaded by You;
12. to any Product in which the bootloader has been
unlocked, or in which the operating system has been
altered, including any failed attempts to unlock the
bootloader or alter the operating system, regardless
of whether such modiications are authorized,
approved, or otherwise sanctioned by HTC; or
13. to malfunctions caused by the use of the Product or
Accessory with or connection of the Product to an
accessory not approved or provided by HTC or used
in any way other than its intended use and where
such defect is not the fault of the Product itself.
Many companies sell accessories such as internal or
external batteries, rapid chargers, or signal boosters
that may look like HTC Accessories and/or claim to
22 Manufacturer's Warranty
meet or exceed HTC speciications. Use of non-HTC
accessories may void this Limited Warranty.
This Limited Warranty is valid and enforceable only in
the country where the Product or Accessory is intended
to be sold. Moreover, if the Product or Accessory is
returned to be repaired under this Limited Warranty in
a country other than where it was intended to be sold,
HTC will attempt to repair the Product or Accessory but
cannot guarantee the outcome or compatibility with
wireless network(s) outside the intended destination
country. Warranty service availability and response
times may vary from country to country and may also
be subject to a registration requirement in the country
of purchase.
HOW DO I OBTAIN WARRANTY SERVICE?
In the event of a perceived malfunction in the Product or
Accessory, You should take the following actions:
1. Refer to the user manual and/or resources available
at www.htc.com/support in order to identify and
correct the problem. Please note that opening of
the Product or Accessory may cause damage that
is not covered under the Limited Warranty.
2. If the problem cannot be resolved by reference to
the user manual and/or resources available at www.
htc.com/support, You should contact the provider
or retailer from which You purchased the Product
or Accessory, contact an HTC service center, or visit
www.htc.com for further information. Only HTC or
an HTC authorized service center should perform
service on the Product or Accessory.
3. When You contact the provider, retailer, or HTC,
please be sure to have the following information
available:
(a) The model, serial number, and IMEI/ESN number
of the Product or Accessory.
(b) Your full address and contact information.
22 Manufacturer's Warranty Manufacturer's Warranty 23
(c) A copy of the original invoice, receipt or bill of
sale for the purchase of the Product or Accessory.
You must present a valid proof of purchase upon
making any claims pursuant to this Limited
Warranty. If no valid proof of purchase is supplied
and the Product or Accessory was manufactured
more than ifteen (15) months prior to the date the
claim is made, HTC has no obligation to provide
support under the Limited Warranty.
Upon completion of these steps, the provider, retailer,
or HTC will provide You with instructions regarding how
and when the Product or Accessory should be returned.
You may be responsible for costs in connection with
the return of the Product or Accessory to the provider,
retailer, or HTC.
If You return the Product or Accessory during the
Warranty Period and it satisies the terms of this Limited
Warranty, HTC or its authorized agent will, at its sole
discretion, repair or replace it. Repair or replacement
may involve the use of a functionally equivalent
reconditioned Product and/or parts. The provider,
retailer, or HTC will return the repaired or replacement
Product or Accessory to You in good working condition.
Any Product, Accessory, or parts or components
thereof that are replaced under the terms of this Limited
Warranty become the property of the provider, retailer,
or HTC.
Rather than ask You to return the Product or Accessory,
HTC may instead elect to supply user-installable parts
directly to You to fulill its Limited Warranty obligations.
You in turn agree to return the replaced parts if
requested by HTC.
Before returning any unit for service, be sure to back
up data and remove any conidential, proprietary,
or personal information, and/or removable memory
from the Product, such as micro SD cards. HTC is not
responsible for damage to or loss of any programs, data,
images, personal information, or removable storage
24 Manufacturer's Warranty
media. DURING THE NORMAL REPAIR PROCESS, THE
CONTENTS OF THE PRODUCT WILL LIKELY BE ERASED,
INCLUDING DATA STORED ON EITHER INSTALLED OR
REMOVABLE STORAGE. At HTC’s sole discretion, the
Product or Accessory may be returned to You in either
the original coniguration or as updated to the newest
available software.
HTC reserves the right to restrict warranty service
to the country where the Product or Accessory was
intended to be sold. HTC must be notiied of a perceived
malfunction during the applicable Warranty Period in
order for You to be eligible for any remedy under the
Limited Warranty. Do not ship Your Product or Accessory
directly to HTC unless You are asked to do so when
following the steps above. If You need to return the
Product or Accessory for warranty service, the steps
above must be followed.
DISCLAIMER AND LIMITATION OF OTHER
WARRANTIES AND RIGHTS
TO THE EXTENT PERMITTED BY LAW, THIS LIMITED
WARRANTY AND THE REMEDIES SET FORTH ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
REMEDIES, AND CONDITIONS, WHETHER ORAL,
WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. HTC
DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND WARRANTIES AGAINST HIDDEN OR
LATENT DEFECTS, TO THE EXTENT PERMITTED BY
LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE
DISCLAIMED, HTC LIMITS THE DURATION AND REMEDIES
OF SUCH WARRANTIES TO THE DURATION OF THIS
LIMITED WARRANTY AND, AT HTC’S OPTION, THE REPAIR
OR REPLACEMENT SERVICES DESCRIBED BELOW. Some
States do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to
You.
24 Manufacturer's Warranty Manufacturer's Warranty 25
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE
MAXIMUM EXTENT PERMITTED BY LAW, HTC SHALL
NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER,
INCLUDING BUT NOT LIMITED TO LOST PROFITS
OR COMMERCIAL LOSS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION, LOSS OF DATA,
LOSS OF PRIVACY, OR LOSS OF CONFIDENTIALITY.
NOTWITHSTANDING THE FOREGOING AND EVEN IF ANY
REMEDY FAILS OF ITS ESSENTIAL PURPOSE, HTC AND
ITS SUPPLIERS’ ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE
AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE
PRODUCT. THESE EXCLUSIONS APPLY EVEN IF HTC HAS
BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
Some States do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitation or exclusion may not apply to You.
AGREEMENT TO ARBITRATE DISPUTES
ALL DISPUTES ARISING IN ANY WAY FROM THIS LIMITED
WARRANTY OR THE SALE, CONDITION, USE, OR
PERFORMANCE OF THE PRODUCT AND/OR ACCESSORY
SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND
BINDING ARBITRATION, AND NOT BY A COURT OR JURY.
If You intend to seek arbitration under the preceding
paragraph, You must irst notify HTC of the dispute
in writing at least 30 days in advance of initiating
the arbitration. Notice to HTC should be sent to HTC
Arbitration Program Administrator, 13920 SE Eastgate
Way, Suite 200, Bellevue, WA 98005. Similarly, if HTC
intends to seek arbitration under the preceding
paragraph, HTC must irst notify You of the dispute
in writing at least 30 days in advance of initiating the
arbitration. The notice must describe the nature of the
claim and the relief being sought. If You and HTC are
unable to resolve the dispute within 30 days, either You
26 Manufacturer's Warranty
or HTC may then ile an arbitration claim. HTC will pay any
iling fee charged to initiate the arbitration as well as any
administrative and arbitrator fees charged later by the
arbitral body, unless Your claim is found to be frivolous.
The arbitration shall be conducted before a single
arbitrator, whose award may not exceed, in form or
amount, the relief that a United States District Court
could order under the Limited Warranty. The arbitration
shall be according to the American Arbitration
Association Commercial Arbitration Rules applicable
to consumer disputes (the “AAA Rules”), except insofar
as those rules would be inconsistent with any part of
this Limited Warranty, including without limitation the
agreement to arbitrate. The arbitration shall be held in the
county in which You are billed for Your wireless service.
For any arbitration in which Your total monetary claims,
exclusive of attorney’s fees and expert witness fees, are
$5,000 or less, the arbitrator may, if You prevail, award
Your reasonable attorney’s fees and expert witness fees
as part of any award, but may not grant HTC its attorney’s
fees, expert witness fees, or costs unless the arbitrator
inds that You brought the claim in bad faith or that Your
claim is frivolous under applicable legal standards. For
claims of $5,000 or less, You may decide whether You
would prefer to have the arbitration decided based
only on documents submitted to the arbitrator, or by a
hearing in person or by phone. In a case where Your total
monetary claims, exclusive of attorney’s fees and expert
witness fees, are greater than $5,000, the arbitrator may
grant to the prevailing party, or apportion among the
parties, reasonable attorney’s fees, expert witness fees,
and costs, insofar as it is permitted by governing law.
This agreement to arbitrate is subject to the following
additional conditions:
1. Decisions Concerning Arbitrability or Enforceability:
Notwithstanding the AAA Rules, any decisions
concerning arbitrability of a particular dispute,
including but not limited to whether a class
26 Manufacturer's Warranty Manufacturer's Warranty 27
arbitration is permitted by this Limited Warranty,
shall be resolved by a proper court, rather
than an arbitrator. Any dispute concerning the
enforceability of this agreement to arbitrate, or
any part thereof, shall also be resolved by a proper
court, rather than an arbitrator.
2. Waiver of Class Arbitration: NO DISPUTE WITHIN THE
SCOPE OF THE DISPUTE RESOLUTION CLAUSE
MAY BE COMBINED OR CONSOLIDATED WITH A
DISPUTE INVOLVING ANY OTHER PERSON’S OR
ENTITY’S PRODUCT OR CLAIM. NO CLASS OR
COLLECTIVE ARBITRATION IS PERMITTED, EVEN
IF THE AAA RULES OR OTHER RULES GOVERNING
THE ARBITRATION WOULD OTHERWISE PERMIT IT.
THE ARBITRATOR IS AUTHORIZED TO AWARD RELIEF
ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT PERMITTED TO
RESOLVE THAT INDIVIDUAL’S CLAIM, SUBJECT TO THE
RESTRICTIONS IN THIS LIMITED WARRANTY.
3. Applicability of Agreement to Arbitrate: IF THE
PROHIBITION ON CLASS ARBITRATIONS SET FORTH
ABOVE IS DEEMED TO BE UNENFORCEABLE, THEN THE
AGREEMENT TO ARBITRATE WILL NOT APPLY.
4. RIGHT TO OPT OUT: This agreement to arbitrate
disputes will apply unless You notify HTC in writing
no later than 30 calendar days of purchasing
the Product or Accessory that You reject the
agreement to arbitrate. You must include in Your
notice of opt-out (a) Your name and address; (b)
the date on which You purchased the Product or
Accessory; (c) the Product model name; and (d)
the IMEI or MEID or Serial Number of the Product
or Accessory. These numbers can be found on
the Product packaging and on the Product or
Accessory. You must send Your written notice to
HTC Arbitration Program Administrator, 13920 SE
Eastgate Way, Suite 200, Bellevue, WA 98005. No
other form of notice will be effective to opt out of
28 Manufacturer's Warranty
this agreement to arbitrate. If You opt out of the
agreement to arbitrate, the Limited Warranty will
still apply to You.
GENERAL PROVISIONS
1. Waiver of Jury Trial: IF A DISPUTE BETWEEN YOU
AND HTC PROCEEDS IN COURT RATHER THAN
OR IN ADDITION TO IN ARBITRATION, YOU AND
HTC UNCONDITIONALLY WAIVE ANY RIGHT TO
TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR
COUNTERCLAIM ARISING OUT OF OR RELATING TO
THIS LIMITED WARRANTY.
2. Governing Law: The Federal Arbitration Act (the
“FAA”) applies to the agreement to arbitrate.
Except as preempted by FAA, the law of the State
of Washington, without reference to its choice of
laws principles, shall govern this Limited Warranty.
Notwitstanding the foregoing, the laws of Your
state of residence will apply to any tort claims and/
or any claims under any consumer protection
statutes.
3. Severability: Except as speciically provided above,
if any provision of this Limited Warranty is held
to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the enforceability
of the remainder of the Limited Warranty.
28 Manufacturer's Warranty Manufacturer's Warranty 29
HTC END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE USING
THIS SOFTWARE:
This License Agreement (“License Agreement”) for a
certain HTC product is a legal agreement between you
(either an individual or an entity) and HTC Corporation
and its third party suppliers and licensors (collectively
“HTC”) for all the relevant software (which includes
components provided by suppliers and licensors to
HTC) bundled with the HTC product purchased by you
(“Software”).
Attention: For the additional user restrictions regarding
some of the software contained in the
device you purchased, please access the
information located at Settings\About\Legal
information\HTC legal on the device for the
relevant copyright, licensing and restriction
terms; such restrictions are an integral part
of this End User License Agreement that you
must agree with in order to activating, using,
downloading or installing the purchased
device and all software contained therein.
YOUR ACCEPTANCE BY ACTIVATING, USING, DOWNLOADING
OR INSTALLING THIS PHONE AND/OR THE SOFTWARE,
YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS
LICENSE AGREEMENT.
If, prior to indicating your acceptance by activating,
using, downloading or installing this phone and/or the
Software, you determine that you are unwilling to agree
to the terms of this License Agreement, you have no
right to use the Software and you should: (i) promptly
return the Software to HTC or delete it; or (ii) if you have
purchased the HTC Product on which the Software is
pre-installed by or on behalf of HTC, promptly return the
HTC Product and the accompanying Software and items
(including documentation and packaging) to HTC or the
30 Manufacturer's Warranty
HTC authorized distributor from whom you purchased
the HTC Product.
Open Source Software
Portions of the Software includes software iles subject
to certain open source license agreements, then such
open source software iles are subject to the notices and
additional terms and conditions that are referenced in
this section. Such open source software iles are provided
on an “AS IS” basis to the maximum extent permitted by
applicable law.
For the open source ile(s) contained herein, please
access “Open source licenses” section located at
Settings\About\Legal information on the device for the
relevant copyright and licensing terms. You may obtain
a copy of Apache License, Version 2.0 at http://www.
apache. org/licenses/LICENSE-2.0. You may also obtain
a copy of GNU General Public License, Version 2 at Free
Software Foundation, Inc., 51 Franklin Street, Fifth Floor,
Boston, MA 02110-1301, USA.
ANY THIRD PARTY SOFTWARE THAT MAY BE PROVIDED
WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR
OPTION. IF YOU CHOOSE TO USE SUCH THIRD PARTY
SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY
SUCH THIRD PARTY’S LICENSE AGREEMENT. HTC IS NOT
RESPONSIBLE FOR ANY THIRD PARTY’S SOFTWARE AND
SHALL HAVE NO LIABILITY FOR YOUR USE OF THIRD PARTY
SOFTWARE.
1. GRANT OF LICENSE. HTC hereby grants to you a non-
exclusive, non-transferable and restricted license
to use the Software and any related documentation
(“Documentation”) subject to the following
terms:
You shall use the Software solely in conjunction with
the handheld device in which the Software is originally
embedded.
30 Manufacturer's Warranty Manufacturer's Warranty 31
2. LICENSE RESTRICTIONS.
(a) Except to the extent otherwise expressly and
unambiguously authorized by HTC or to the
extent such restrictions are explicitly prohibited
by applicable law, you shall NOT: (i) permit other
individuals to use the Software; (ii) modify, translate,
reverse engineer, decompile, disassemble (except
to the extent that this restriction is expressly
prohibited by law) or create derivative works based
upon the Software or Documentation; (iii) copy the
Software or Documentation (except for a back-up
upon a repair/replacement, provided that such
back-up is not installed or used on any computer,
and shall be deleted/destroyed immediately after
repair/ replacement. Any other copies You make
of the Software are in violation of this Agreement);
(iv) rent, lease, transfer, sublicense or otherwise
transfer rights to the Software or Documentation;
(v) remove any proprietary notices or labels on the
Software or Documentation; or (vi) add, integrate or
combine any other software with the Software. Any
such forbidden use shall immediately terminate
your license to the Software.
(b) You agree that you shall only use the Software
and Documentation in a manner that complies with
all applicable laws in the jurisdictions in which you
use the Software and Documentation, including,
but not limited to, applicable restrictions concern
relevant copyright and other intellectual property
rights and/or the export controlling regulations.
(c) You shall only use the Software for your private,
non-commercial use. You shall not use the Software
in any way to provide, or as part of, any commercial
service or application. You shall not use the Software
in an attempt to, or in conjunction with, any device,
program or service designed to circumvent
technological measures employed to control access
32 Manufacturer's Warranty
to, or the rights in, a content ile or other work
protected by the copyright laws of any jurisdiction.
3. TITLE. Title, ownership, rights, and intellectual
property rights in and to the Software and
Documentation shall remain in HTC (including
all its relevant suppliers/ licensors). The Software
is protected by the copyright laws of the United
States and international copyright treaties. Title,
ownership rights and intellectual property rights in
and to the content accessed through the Software
including the content contained in the Software
media demonstration iles, shall be retained by the
applicable Content owner and may be protected by
applicable copyright or other law. This license gives
you NO rights to such Content.
4. DISCLAIMER OF WARRANTY & LIMIT OF LIABILITY.
THE SOFTWARE, DOCUMENTATION, AND CONTENT
ARE PROVIDED AS IS WITHOUT WARRANTY
OF ANY KIND. HTC FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. THE ENTIRE RISK ARISING
OUT OF THE USE OR PERFORMANCE OF THE
SOFTWARE, DOCUMENTATION, AND CONTENT
REMAINS WITH YOU. IN NO EVENT SHALL HTC AND
ITS EMPLOYEES OR LICENSORS OR AFFILIATES
BE HELD LIABLE FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR
OTHER DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR OTHER PECUNIARY
LOSS) ARISING OUT OF THIS AGREEMENT OR THE
USE OF OR INABILITY TO USE THE SOFTWARE, THE
OR THE CONTENT, EVEN IF HTC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. HTC’s
TOTAL LIABLITY FOR ANY DAMAGES UNDER THIS
32 Manufacturer's Warranty Manufacturer's Warranty 33
AGREEMENT SHALL NEVER EXCEED THE PURCHASE
PRICE YOU PAID FOR THE HTC PRODUCT YOU
BOUGHT.
Any software is not fault tolerant whether provided
by a third party or HTC. Where you/ the customer
installed the software on the device, HTC is not
responsible for how it operates on the device.
The software was designed for systems that do
not require fail-safe performance. You may not
use the software in any device or system in which
a malfunction of the software would result in
foreseeable risk of loss, injury or death to any person.
This includes operation of nuclear facilities, aircraft
navigation or communication systems, air trafic
control or use in risky and dangerous situations or
environments.
5. INDEMNIFICATION. You agree to hold harmless,
indemnify and defend HTC, its oficers, directors and
employees, from and against any losses, damages,
ines and expenses (including attorneys’ fees and
costs) arising out of or relating to any claims that you
have (i) viewed, downloaded, encoded, compressed,
copied or transmitted any materials (other than
materials provided by HTC) in connection with the
Software in violation of another party’s rights or
in violation of any law, or (ii) violated any terms of
this License Agreement. If you are importing the
Software from the United States or European Union,
you shall indemnify and hold HTC harmless from and
against any import and export duties or other claims
arising from such importation. You agree that the
laws of the State of Washington, the United States
(excluding its conlict of laws) shall govern any and all
matters resulted from this Agreement.
6. TERMINATION. This License Agreement will
automatically terminate if you fail to comply with
any term hereof. No notice shall be required from
HTC to effect such termination.
34 General Terms and Conditions of Service v.7-1-13
General Terms and
Conditions of Service
Please note that these terms may not be the most current
version. A current version of the terms is available at
our website at sprint.com/termsandconditions or upon
request.
Para solicitar esta literatura en español, por
favor contactar a 1-800-777-4681 o visitar a
sprint.com/espanol.
Basic Deinitions
In this document: (1) “we,” “us,” “our,” and “Sprint” mean
Sprint Solutions, Inc., as contracting agent on behalf
of the applicable Sprint afiliated entities providing the
products and Services; (2) “you,” “your,” “customer,” and
“user” mean an account holder with us or any user of
our Devices or Services; (3) “Device” means any phone,
aircard, mobile broadband device, any other device,
accessory, or other product that we provide you, we
sell to you, or is active on your account with us; and
(4) “Service” means Sprint-branded offers, rate plans,
options, wireless services, billing services, applications,
programs, products, software, or Devices on your
account with us. “Service(s)” also includes any other
product or service that we offer or provide to you that
references these General Terms and Conditions of
Service (“Ts&Cs”).
The Service Agreement
These Ts&Cs are part of your service agreement
with us (the “Agreement”) and constitute a contract
under which we provide you Services under terms
and conditions that you accept. THIS AGREEMENT
CONTAINS A MANDATORY ARBITRATION PROVISION
WITH A CLASS WAIVER, A REPRESENTATIVE ACTION
34 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 35
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 speciically
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 conirmation materials and invoices that we
may provide to you; and (iv) the terms set forth in the
coverage map brochures. It is important that you
carefully read all of the terms of the Agreement.
Additional Terms
Additional terms will apply when you use certain
applications, programs, Devices, and services, and
these terms will be provided to you prior to your use of
the items. Depending on who provides the items, the
terms may come from Sprint 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.
Sprint is not responsible for these third-party items and
associated terms. Additional terms will also apply if
you activate Services as part of a bundle with another
company’s services (for example, cable services,
home phone services, etc.). The additional terms for
bundled Services may either modify or replace certain
provisions in these Ts&Cs, including terms relating to
activation, invoicing, payment, and disputing charges.
Also, a different dispute resolution provision may apply
to services provided by another company (the dispute
resolution provisions in this Agreement will still apply
to our Services). You will be provided details on any
additional terms with your selection of any bundled
Service. For employee and organization discounts,
36 General Terms and Conditions of Service v.7-1-13
the discount percentage may vary from month-to-
month based on the terms of the agreement between
your employer, association, or organization and
Sprint. The discount will be zero after your agreement
or your organization’s agreement with Sprint ends.
Additional terms and eligibility requirements regarding
organization discounts will be provided to you.
Our Policies
Services are subject to our business policies, practices,
and procedures (“Policies”). You agree to adhere to all of
our Policies when you use our Services. Our Policies are
subject to change at anytime with or without notice.
When You Accept The Agreement
You must have the legal capacity to accept the
Agreement. You accept the Agreement when you do
any of the following: (a) accept the Agreement through
any printed, oral, or electronic statement, including
on the Web by electronically marking that you have
reviewed and accepted; (b) attempt to or in any way
use the Services; (c) pay for the Services; or (d) open
any package or start any program that says you are
accepting the Agreement when doing so. If you don’t
want to accept the Agreement, don’t do any of these
things.
Term Commitments & Early Termination
Fees
Sprint provides a variety of Services, some of which
require you to maintain Your Services on a month
to month basis or for a minimum term, usually 1 or
2 years (“Term Commitment”). If your Agreement
contains a Term Commitment, you will be charged a
fee (“Early Termination Fee”) for each line of Service
that you terminate early (i.e., prior to satisfying the
Term Commitment) or for each line of Service that we
terminate early for good reason (for example, violating
36 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 37
the payment or other terms of the Agreement) but such
Early Termination Fee will be prorated based on your
remaining Term Commitment. Early Termination Fees
are a part of our rates. Any Term Commitment, the
length of the Term Commitment, and the applicable
Early Termination Fee amounts and proration will be
disclosed to you during the sales transaction. Carefully
review any Term Commitment and Early Termination
Fee requirements prior to selecting Services. After you
have satisied your Term Commitment, your Services
continue on a month-to-month basis under the then-
current Terms and Conditions and Service policies.
Services offered on a subscription basis, as described
in the “Account & Service Charges” section, may not
require a Term Commitment and may not automatically
renew. As explained directly below, there are
instances when you will not be responsible for an Early
Termination Fee for terminating Services early.
When You Don’t Have To Pay An Early
Termination Fee
You aren’t responsible for paying an Early Termination
Fee when terminating Services: (a) provided on a
month-to-month basis; (b) provided on a subscription
basis that do not include a Term Commitment; (c)
consistent with our published trial period return policy;
or (d) in response to a materially adverse change that
we make to the Agreement as described directly below.
Our Right To Change The Agreement &
Your Related Rights
We may change any part of the Agreement at any time,
including, but not limited to, rates, charges, how we
calculate charges, discounts, coverage, technologies
used to provide services, or your terms of Service.
If you lose your eligibility for a particular rate plan
or if a particular rate plan is no longer supported
or available, we may change your rate plan to one
38 General Terms and Conditions of Service v.7-1-13
for which you qualify. We will provide you notice of
material changes—and we may provide you notice of
non-material changes—in a manner consistent with
this Agreement (see “Providing Notice To Each Other
Under The Agreement” section). If a change we make
to the Agreement is material and has a material adverse
effect on Services under your Term Commitment, you
may terminate each line of Service materially adversely
affected without incurring an Early Termination Fee only
if: (a) you call us within 30 days after the effective date of
the change; (b) you speciically advise us that you wish
to cancel Services because of a material change to the
Agreement that we have made; and (c) we fail to negate
the change after you notify us of your objection to it. If
you do not notify us and cancel Service within 30 days
of the change, an Early Termination Fee will apply if you
terminate Services before the end of any applicable
Term Commitment.
Our Right To Suspend Or Terminate
Services
We can, without notice, suspend or terminate any
Service at any time for any reason. For example, we can
suspend or terminate any Service for the following:
(a) late payment; (b) exceeding an Account Spending
Limit; (c) harassing/threatening/abusing/offending our
employees or agents; (d) providing false or inaccurate
information; (e) interfering with our operations; (f) using/
suspicion of using Services in any manner restricted
by or inconsistent with the Agreement and Policies; (g)
breaching, failing to follow, or abusing the Agreement
or Policies; (h) providing false, inaccurate, dated, or
unveriiable identiication or credit information or
becoming insolvent or bankrupt; (i) modifying a Device
from its manufacturer speciications (for example,
rooting the device); (j) failing to use our Services for
an extended period of time; (k) failing to maintain an
active Device in connection with our Services; or (l) if we
38 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 39
believe the action protects our interests, any customer’s
interests, or our networks.
Your Right To Change Services & When
Changes Are Effective
The account holder can typically change Services
upon request. In some instances, changes may be
conditioned on payment of an Early Termination Fee or
certain other charges, or they may require a new Term
Commitment. Changes to Services are usually effective
at the start of the next full invoicing cycle. If the changes
take place sooner, your invoice may relect pro-rated
charges for your old and new Services. We may, but
are not obligated to, provide you the opportunity to
authorize someone else to make changes to your
Services, which will include the authority to make
changes that will extend your Term Commitment. You
are responsible for any changes to your Services made
by a person you authorize, and those changes will be
treated as modiications to this Agreement.
Your Right To Terminate Services
You can terminate Services at any time by calling us and
requesting that we deactivate all Services. In addition,
if you return or provide your Device to Sprint and fail
to either deactivate service on the Device or activate
another Device in connection with your Service, we
reserve the right to terminate your Service, and if
you are subject to a Term Commitment, you may be
charged all or part of an Early Termination Fee. You are
responsible for all charges billed or incurred prior to
deactivation. If Services are terminated before the end
of your invoicing cycle, we won’t prorate charges to
the date of termination and you won’t receive a credit
or refund for any unused Services. Except as provided
above, if you are subject to an Early Termination Fee, you
must also pay the invoiced Early Termination Fee for each
line of Service that you terminate early.
40 General Terms and Conditions of Service v.7-1-13
Credit Checks & Credit Information
We agree to provide you Services on the condition that
you have and maintain satisfactory credit according
to our standards and policies. You agree to provide
information that we may request or complete any
applications that we may provide you to facilitate our
review. We rely on the credit information you furnish,
credit bureau reports or other data available from
commercial credit reference services, and other
information (such as payment history with us) to
determine whether to provide or continue to provide
you Services. The Services we offer you can vary based
on your credit history. We may at any time, based on
your credit history, withdraw or change Services or
place limits or conditions on the use of our Services. You
agree to provide us updated credit information upon
request. We may provide your payment history and
other account billing/charge information to any credit
reporting agency or industry clearinghouse.
Account Spending Limits (“ASL”)
An ASL is a temporary or permanent limit (typically
based on credit history, payment history, or to prevent
fraud) that we place on the amount of unpaid charges
you can accumulate on your account, regardless of
when payment on those charges is due. We reserve
the right to determine which charges count toward an
ASL. If you have an ASL, we may suspend your Services
without prior notice if your account balance reaches
the ASL, even if your account is not past due. We may
impose or increase an ASL at any time with notice. An
ASL is for our beneit only and should not be relied on by
you to manage usage.
40 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 41
Deposits & Returning Deposits
We may at any time require a deposit as a guarantee
of payment for you to establish or maintain Service
(“Deposit”). By providing us a Deposit, you grant us
a security interest for all current or future amounts
owed to us. We may change the Deposit at any time
with notice. You can’t use a Deposit to make or delay
payments. The Deposit, the length of time we hold the
Deposit, and changes to the Deposit are determined
based on your credit history, payment history, and other
factors. Unless prohibited by law, we may mix Deposits
with our other funds and it won’t earn interest, and we
reserve the right to return the Deposit as a credit on your
invoice at anytime. If your Services are terminated for
any reason, we may keep and apply your Deposit to any
outstanding charges. We’ll send any remaining portion
of the Deposit to your last known address within 90 days
after your inal invoice—if it is returned to us, we will
forward it on to the appropriate state authorities to the
extent required by law.
Restrictions On Using Services
You can’t use our Services: (a) in a way that could cause
damage or adversely affect any of our other customers
or our reputation, networks, property, or Services; or (b)
in any way prohibited by the terms of our Services, the
Agreement, or our Policies. You cannot in any manner
resell the Services to another party. For additional
restrictions on the use of our Services, see our
Acceptable Use Policy and Visitors Agreement, which
are available on our website, and the detailed plan or
other information on Services that we provide or refer
you to during the sales transaction.
42 General Terms and Conditions of Service v.7-1-13
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 speciications
(for example, a device’s software, memory, and storage),
and device performance may impact access to all of
our Services. Your Device is designed to be activated
on our networks and in other coverage areas that we
may make available to you. As programmed, it will not
accept wireless service from another carrier. Except
for any legal right you may have to port/transfer your
phone number to another carrier, you have no—and
cannot gain any (for example, through publication,
use, etc.)—proprietary, ownership, or other rights
to any phone number, identiication number, email
address, or other identiier that we assign to you, your
Device, or your account. We’ll notify you if we decide to
change or reassign them. Your CDMA Sprint PCS phone
may have software programming lock that protects
certain of the handset’s operating parameters against
unauthorized reprogramming. If your device has a
software programming lock, and you wish to obtain the
software program lock code for your CDMA Sprint PCS
phone, please visit sprint.com or call 1-888-211-4727 for
information and eligibility requirements.
Porting/Transferring Phone Numbers
We don’t guarantee that number transfers to or from
us will be successful. If you authorize another carrier to
transfer a number away from us, then that is considered
a request by you to us to terminate all of the Services
associated with that number. You’re responsible for all
charges billed or incurred prior to deactivation and for
any applicable Early Termination Fees.
42 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 43
Coverage; Where Your Device Will Work;
Service Speeds
Our coverage maps are available at our authorized
retail locations and on sprint.com. The speciic
network coverage you get will depend on the radio
transmissions your Device can pick up and Services
you’ve chosen. Our coverage maps provide high level
estimates of our coverage areas when using Services
outdoors under optimal conditions. Coverage isn’t
available everywhere. Coverage and Service speeds
are not guaranteed. Coverage is subject to change
without notice. Service speeds may depend on the
Service purchased. Actual speeds will vary. Estimating
wireless coverage, signal strength, and Service speed
is not an exact science. There are gaps in coverage
within our estimated coverage areas that-along with
other factors both within and beyond our control
(for example, network problems, network or Internet
congestion, software, signal strength, your Device,
structures, buildings, weather, geography, topography,
server speeds of the websites you access, actions of
third parties, etc.)-may result in dropped and blocked
connections, slower Service speeds, or otherwise impact
the quality of Service. Services that rely on location
information, such as E911 and GPS navigation, depend on
your Device’s ability to acquire satellite signals (typically
not available indoors) and network coverage. While
your Device is receiving a software update, you may
be unable to use your Device in any manner until the
software update is complete.
Roaming
The term “roaming” typically refers to coverage on
another carrier’s network that we may make available
to you based on our agreements with other carriers.
These agreements may change from time to time, and
roaming coverage is subject to change without notice.
Your ability to receive roaming coverage depends on
44 General Terms and Conditions of Service v.7-1-13
the radio transmissions your Device can pick up and the
availability of roaming coverage. We make no guarantee
that roaming coverage will be available. Roaming
coverage may exist both within and outside our network
coverage areas. Your Device will generally indicate
when you’re roaming. Depending on your Services,
separate charges or limits on the amount of minutes
used while roaming may apply. Certain Services may
not be available or work the same when roaming (for
example, data Services, voicemail, call waiting, etc.).
For information on whether roaming applies, see your
service plan details.
About Data Services & Content
Our data Services and your Device may allow you
to access the Internet, text, pictures, video, games,
graphics, music, email, applications, sound, and
other materials (“Data Content”) or send Data Content
elsewhere. Some Data Content is available from us or
our vendors, while other Data Content can be accessed
from others (for example, third party websites, games,
ringers, applications, etc.). We make absolutely no
guarantees about the Data Content that you access
on your Device. Data Content may be: (1) unsuitable
for children/minors; (2) unreliable or inaccurate; or
(3) offensive, indecent, or objectionable. You’re solely
responsible for evaluating the Data Content accessed
by you or anyone through your Services. We strongly
recommend that you monitor data usage by children/
minors. Data Content from third parties may also harm
your Device or its software. We are not responsible
for any Data Content. We are not responsible for any
damage caused by any Data Content that you access
through your Services, that you load on your Device,
or that you request that our representatives access
or load on your Device. To protect our networks and
Services or for other reasons, we may place restrictions
on accessing certain Data Content (such as certain
websites, applications, etc.); impose separate charges;
44 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 45
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 Sprint may
be deleted, modiied, 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.
Speciic 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 speciically 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 trafic or data sessions; (2) as a
substitute or backup for private lines or frame relay
connections; or (3) for any other unintended use as we
determine in our sole discretion. We reserve the right
to limit, suspend, or constrain any heavy, continuous
data usage that adversely impacts our networks’
performance or hinders access to our networks. If your
Services include Web or data access, you also can’t
use your Device as a modem for computers or other
equipment, unless we identify the Service or Device you
have selected as speciically intended for that purpose
(for example, with “phone as modem” plans, Sprint
Mobile Broadband card plans, wireless router plans,
etc.).
46 General Terms and Conditions of Service v.7-1-13
Software License
If Sprint provides you software as part of the Service
and there are not software license terms provided with
the software (by Sprint or by a third party), then Sprint
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.
Sprint 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.
Account & Service Charges
You are responsible for all charges associated with your
account and the Services on your account, no matter
who adds or uses the Services. Charges include, but
are not limited to, the monthly recurring charges,
usage charges, charges for additional services, taxes,
surcharges, and fees associated with your Services.
These charges are described or referred to during
the sales transaction, in our marketing materials, and
in conirmation materials that we may send to you.
Depending on your Services, charges for additional
services may include operator and directory assistance,
voicemail, call forwarding, data calls, texts, and Web
access. If you (the account holder) allow end users to
access or use your Devices, you authorize end users
46 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 47
to access, download, and use Services. You may have
the opportunity to purchase Services on a subscription
basis where we assess subscription charges that allow
you access to the Services and/or provide you a certain
amount of use of the Services for a deined period
of time. Depending on your Service, certain types of
subscription charges may be assessed automatically
upon activation and automatically assessed for
subsequent subscription periods. Subscription
Services offered on a recurring basis do not end until
terminated by you or us. Subscription charges for
recurring Services occur at the beginning of each
bill cycle. Information regarding your bill cycle for
subscription Services will be provided when you order
the Services. For Services offered on a per-day basis,
you will generally be charged for use before or at the
time of use. In certain instances, we may charge you at
some point after you use the Services. Unless otherwise
disclosed, Services offered on a per-day basis end 24
hours after Service is initiated.
How We Calculate Your Charges For
Billing Purposes
Regular Voice Calls: We round up partial minutes of use
to the next full minute. Time starts when you press “Talk”
or your Device connects to the network and stops when
you press “End” or the network connection otherwise
breaks. You’re charged for all calls that connect, even to
answering machines, voicemail, or voice transcription
services. You won’t be charged for unanswered
calls or if you get a busy signal. For incoming calls
answered, you’re charged from the time shortly before
the Device starts ringing until you press “End” or the
network connection otherwise breaks. If charges vary
depending on the time of day that you place or receive
calls (for example, Nights and Weekend plans), you’re
charged for the entire call based on the rate that applies
to the time period in which the call starts. Call time for
a single call may be subject to a maximum duration
48 General Terms and Conditions of Service v.7-1-13
and may be automatically terminated if the maximum
duration is exceeded. Rates that vary based on the time
of access will be determined based on the location of
the network equipment providing service and not the
location of your Device or your Device’s area code (if
applicable).
Push-to-Talk Charges: Charges for push-to-talk
calls are billed to the person who starts the call and
calculated by multiplying the duration of the call by
the applicable rate and number of participants. You’re
charged at least 6 seconds of airtime for each call you
start; subsequent communications in the same call
are rounded up to and billed to the next second. Time
begins when you press any button to start a push-
to-talk call and ends approximately 6 seconds after
completion of a communication to which no participant
responds. Subsequent push-to-talk communications
are considered new calls. Charges apply for the entire
period of time the push-to-talk call is connected to
our network. Depending on your plan, nationwide,
international, or group push-to-talk calls may use
the local push-to-talk minutes in your plan and result
in additional or different charges. Responses to call
alert transmissions are treated as new push-to-talk
transmissions even when responding within 6 seconds
of receiving the alert. Push-to-talk billing methods are
subject to change as we introduce new push-to-talk
Services.
Data Usage: Unless we speciically tell you otherwise,
data usage is measured in bytes, kilobytes, megabytes,
and gigabytes—not in minutes/time. 1024 bytes equals
1 kilobyte (“KB”), 1024 KB equals 1 megabyte, and 1024
megabytes equals 1 gigabyte. Bytes are rounded up
to KB, so you will be charged at least 1 KB for each data
usage session (“data session”). Rounding occurs at the
end of each data session, and sometimes during a data
session. Depending on your data Services, usage may
be charged against an allowance or on a ixed price per
48 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 49
KB, and you may be subject to limitations on the amount
of data usage. If you are charged on a ixed 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 ile or Data
Content (game, ringer, etc.); Web page graphics (logos,
pictures, banners, advertisement, etc.); additional
data used in accessing, transporting, and routing the
ile 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
iles—are not reliable predictors of actual usage. Your
bill won’t separately list the number of KB attributed to a
speciic action/data session.
Your Bill
Your bill provides you notice of your charges. It relects
monthly recurring charges (usually billed one bill cycle
in advance), fees, taxes, Surcharges, product and
equipment charges, subscription charges, and usage/
transaction speciic charges (usually billed in the bill
cycle in which they’re incurred). Some usage charges,
such as those that depend on usage information from
a third party, may be billed in subsequent bill cycles
and result in higher than expected charges for that
month. Bill cycles and dates may change from time
to time. Your bill may also include other important
notices (for example, changes to your Agreement, to
your Service, legal notices, etc.). Your paper bill may
not include itemized billing detail. More speciic billing
50 General Terms and Conditions of Service v.7-1-13
information is available online. Paper bills may be
subject to an additional charge. Unless prohibited by
law, other charges (for example, data Services or taxes
and surcharges) will not include itemized detail but will
be listed as total charges for a category. If you choose
Internet billing, you will not receive paper bills.
Your Payments; Late Fees
Payment is due in full as stated on your bill. If we do not
receive payment in full by the date speciied on your
bill, a late payment charge, which may be charged at
the highest rate permissible by law, may be applied to
the total unpaid balance. We may also charge you any
costs we pay to a collection agency to collect unpaid
balances from you. If we bill you for amounts on behalf
of a third party, payments received are irst applied to
our charges. You may be charged additional fees for
certain methods of payment. We may charge you, up
to the highest amount permitted by law, for returned
checks or other payments paid by you and denied for
any reason by a inancial institution. Acceptance of
payments (even if marked “paid in full”) does not waive
our right to collect all amounts that you owe us. We
may restrict your payment methods to cashier’s check,
money order, or other similar secure form of payment at
any time for good reason.
Taxes & Government Fees
You agree to pay all federal, state, and local taxes, fees,
and other assessments that we’re required by law to
collect and remit to the government on the Services
that we provide to you. These charges may change from
time to time without advance notice. If you’re claiming
any tax exemption, you must provide us with a valid
exemption certiicate. Tax exemptions generally won’t
be applied retroactively.
50 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 51
Surcharges
You agree to pay all Sprint surcharges (“Surcharges”),
which may include, but are not limited to: Federal
Universal Service; Regulatory and Administrative
charges; gross receipts charges, and other charges.
Surcharges are not taxes, and we are not required
by law to assess them. They are part of our rates we
choose, at our discretion, to collect from you, to recover
certain costs and are kept by us. The number and type
of Surcharges will be provided on your invoice and may
vary depending upon the location of the billing address
of the Device and can change over time. We determine
the amount for these charges, and these amounts are
subject to change, as are the components used to
calculate these amounts. We will provide you notice of
any changes to Surcharges in a manner consistent with
this Agreement (see “Providing Notice To Each Other
Under The Agreement” section). However, because
some Surcharges are based on amounts set by the
government or based on government formulas, it will
not always be possible to provide advance notice of
new Surcharges or changes in the amount of existing
Surcharges. Information on Surcharges is provided
during the sales transaction and is available on our
website.
Disputing Charges - You Must Still Pay
Undisputed Charges
Any dispute to a charge on your bill must be made within
60 days of the date of the bill that initially contained the
charge. Disputes can only be made by calling or writing
us as directed on your invoice or elsewhere. You accept
all charges not properly disputed within the above time
period—undisputed charges must still be paid as stated on
your bill.
52 General Terms and Conditions of Service v.7-1-13
Protecting Our Network & Services
We can take any action to: (1) protect our networks,
our rights and interests, or the rights of others; or (2)
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 iltering/blocking software to
prevent spam or viruses; limiting throughput; limiting
access to certain websites, applications, or other Data
Content; prohibitions on unintended uses (for example,
use as a dedicated line, or use as a monitoring service),
etc. For additional information on what we do to protect
our customers, networks, Services, and equipment, see
our Acceptable Use Policy and Visitors Agreement at our
website.
Your Privacy
Our Privacy Policy is available on our website. To review
the policy, visit
sprint.com/legal/privacy.html
. 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 identiication 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 Sprint may,
in our sole discretion, treat any person who presents
your credentials that we deem suficient for account
access as you or an authorized user on the account
for disclosure of information or changes in Service.
52 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 53
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 coniguration,
type, location, and destination of telecommunications
products and Services you use, as well as some other
information found on your bill (“CPNI”). Under federal
law, you have the right and we have a duty to protect
the conidentiality 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
Sprint 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 Sprint
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 Sprint 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).
Sprint is not responsible for any information on your
54 General Terms and Conditions of Service v.7-1-13
Device, including sensitive or personal information. If
possible, you should remove or otherwise safeguard
any sensitive or personal information when your Device
is out of your possession or control, for example when
you relinquish, exchange, return, or recycle your Device.
By submitting your Device to us, you agree that our
employees, contractors, or vendors may access all of
the information on your Device. If you exchange, return,
or recycle your Device through us, we typically attempt
to erase all data on your Device, but you must remove all
data from your Device before you provide it to us.
Location-Enabled Services
Our networks generally know the location of your
Device when it is outdoors and/or turned on. By using
various technologies to locate your Device, we can
provide enhanced emergency 911 services and optional
location-enabled services provided by us or a third
party. Network coverage or environmental factors
(such as structures, buildings, weather, geography,
landscape, and topography) can signiicantly 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 Sprint 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.
54 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 55
911 Or Other Emergency Calls
Public safety oficials advise that when making 911 or
other emergency calls, you should always be prepared
to provide your location information. Unlike traditional
wireline phones, depending on a number of factors
(for example, whether your Device is GPS-enabled,
where you are, whether local emergency service
providers have upgraded their equipment, etc.), 911
operators may not know your phone number, your
location, or the location of your Device. In certain
circumstances, an emergency call may be routed to
a state patrol dispatcher or alternative location set
by local emergency service providers. Enhanced 911
service (“E911”)—where enabled by local emergency
authorities—uses GPS technology to provide location
information. Even when available, however, E911 does
not always provide accurate location information. If
your Device is indoors or for some other reason cannot
acquire a satellite signal, you may not be located. Some
Devices have a safety feature that prevents use of
the keypad after dialing 911—you should follow voice
prompts when interacting with emergency service
providers employing interactive voice response
systems to screen calls.
If Your Device Is Lost or Stolen
Call us immediately if your Device is lost or stolen
because you may be responsible for usage charges
before you notify us of the alleged loss or theft. A lost
or stolen Device does not reduce or remove your Term
Commitment. You will remain liable for any monthly
recurring charges associated with the Service on your
Device after you notify us of the alleged loss or theft.
You agree to cooperate if we choose to investigate the
matter (provide facts, sworn statements, etc.). We may
not waive any applicable Early Termination Fees if you
choose to terminate Services as a result of loss or theft
of your Device.
56 General Terms and Conditions of Service v.7-1-13
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. SPRINT PROVIDES ALL
SOFTWARE AND APPLICATIONS ON AN “AS IS” BASIS
WITH ALL FAULTS, ERRORS, AND DEFECTS.
You Agree That We Are Not Responsible
For Certain Problems
You agree that neither we nor our parent, subsidiary,
or afiliate 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, deiciencies or problems with a
Device or network coverage (for example, dropped,
blocked, interrupted Services, etc.); (c) trafic 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 ilter; (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 Sprint storage space from your use of
56 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 57
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,
ire, earthquake, hurricane, etc.), riot, strike, war,
terrorism, or government orders or acts. You should
implement appropriate safeguards to secure your
Device, computer, or equipment and to back up your
information stored on each.
You Agree That Our Liability Is Limited - No
Consequential Damages
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR
MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY
HAVE AGAINST US IS LIMITED TO NO MORE THAN THE
PROPORTIONATE AMOUNT OF THE SERVICE CHARGES
ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL
DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT
OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE
SERVICES IN CONNECTION WITH A DEVICE, INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS,
OR COST OF REPLACEMENT PRODUCTS AND SERVICES.
58 General Terms and Conditions of Service v.7-1-13
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 Sprint 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 Sprint 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 Sprint agree
to arbitrate all Disputes (as deined below) on an
individual, non-representative, basis. You agree that,
by entering into this Agreement, you and Sprint 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,
58 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 59
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,
afiliates, 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 Sprint 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 Sprint, 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 Sprint; (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 Sprint each agree to irst 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 speciic relief sought. A
Notice of Dispute to Sprint should be sent to: General
Counsel; Arbitration Ofice; 12502 Sunrise Valley
Drive, Mailstop VARESA0202-2C682; Reston, Virginia
20191. Sprint will provide a Notice of Dispute to you in
accordance with the “Providing Notice To Each Other
Under The Agreement” section of this Agreement.
Sprint will assign a representative to work with you
and try to resolve your Dispute to your satisfaction.
You and Sprint agree to make attempts to resolve the
Dispute prior to commencing an arbitration or small
60 General Terms and Conditions of Service v.7-1-13
claims action. If an agreement cannot be reached
within forty-ive (45) days of receipt of the Notice of
Dispute, you or Sprint may commence an arbitration
proceeding or small claims action.
Arbitration Terms, Process, Rules and Procedures
(1) Unless you and Sprint 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 modiied
by this agreement to arbitrate, including the rules
about the iling, administration, discovery and
arbitrator fees. The JAMS rules are available on
its website at jamsadr.com. Notwithstanding any
JAMS Rule to the contrary or any other provision in
arbitration rules chosen, by agreement, to govern the
arbitration, we each agree that all issues regarding
the Dispute are delegated to the arbitrator to decide,
except that only a court (and not the arbitrator) shall
decide any disagreements regarding the scope and
enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act (“FAA”) applies to
this Agreement and arbitration provision. We
each agree that the FAA’s provisions—not state
law—govern all questions of whether a Dispute
is subject to arbitration. To the extent that this
agreement to arbitrate conlicts 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 Sprint
to arbitrate on a class-wide, representative or
consolidated basis.
60 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 61
(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 SPRINT 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 Sprint 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. Sprint will pay for any iling 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 indings
and conclusions which form the basis of the award.
The arbitrator’s decision and award is inal 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 Sprint on
your behalf.
62 General Terms and Conditions of Service v.7-1-13
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.
Indemniication
You agree to indemnify, defend, and hold Sprint and
our subsidiaries, afiliates, 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 speciically provides
otherwise, you must provide us notice by calling or
writing us as instructed on your invoice. We will provide
you notice through one or more of the following: in your
62 General Terms and Conditions of Service v.7-1-13 v.7-1-13 General Terms and Conditions of Service 63
bill, correspondence to your last known billing address,
to any fax number or email address you’ve provided
us, by calling you on your Device or any other phone
number you’ve provided us, by voice message on your
Device or any other phone number you’ve provided us,
or by text message on your Device.
Contacting You Regarding Billing and
Collections
You expressly authorize, and speciically consent to
allowing Sprint and any of Sprint’s agents to contact
you in connection with any and all matters relating to
unpaid past due charges you owe Sprint. You agree that,
for attempts to collect unpaid past due charges, Sprint
and any of its agents may contact you at any mailing
address, telephone number, cellular phone number,
email address, or any other electronic address that you
have provided, or may in the future provide, to Sprint.
You agree and acknowledge that any email address
or any other electronic address that you provide to
Sprint is your private address and is not accessible
to unauthorized third parties. For attempts to collect
unpaid charges, you agree that in addition to individual
persons attempting to communicate directly with you,
any type of contact described above may be made
using, among other methods, pre-recorded or artiicial
voice messages delivered by an automatic telephone
dialing system, pre-set email messages delivered by
an automatic emailing system, or any other pre-set
electronic messages delivered by any other automatic
electronic messaging system.
Other Important Terms
Subject to federal law or unless the Agreement
speciically provides otherwise, this Agreement is
governed solely by the laws of the state encompassing
the billing address of the Device, without regard to
the conlicts of law rules of that state. If either of us
64 General Terms and Conditions of Service v.7-1-13
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 speciically 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 beneit of any third party
except our corporate parents, afiliates, subsidiaries,
agents, and predecessors and successors in interest.
You can’t assign the Agreement or any of your rights or
duties under it, unless we agree to the assignment. We
can assign the Agreement without notice. You cannot
in any manner resell the Services to another party. The
Agreement and the documents it incorporates make
up the entire agreement between us and replaces all
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]
[Page intentionally left blank.]
66 Important Message
Important Message from Sprint
Important Information about this device’s “open”
architecture. This device is an “open” device. What
that means is that you are free to use it to access the
Internet as you see it. You may go to websites you
like and you may download or use applications or
software that you choose.
Please take care to visit only trusted websites and
download applications only from trusted entities.
Sprint has no control over websites you visit or
applications and software you download, and
Sprint’s policies do not apply to those websites,
applications or software. The websites you visit may
place “cookies” or other iles on your device when
you visit them. Downloaded applications or software
may access, use or share information on your device,
like your contacts or your location.
Although Sprint is excited to allow our customers
to make their own choices about the Internet sites
you wish to visit or the applications or software
you’d like to use, we do want to remind you that
Sprint is not able to help you troubleshoot issues
connected with your use of non-Sprint applications
or software (such as the ones you may select and
download to your device). Sprint also will not be able
to provide you credits for applications or software
that you download from sources other than Sprint.
And, Sprint is not liable for the websites you visit or
anything you download or cause to be downloaded
to your device. Damage related to websites visited
or downloads to your device may not be covered
by Sprint’s Service and Repair policy, or your device
insurance policy. For more information about Sprint’s
policies, products or services, please visit us at
sprint.com.
66 Important Message
[Page intentionally left blank.]
©2015 Sprint. Sprint and the logo are trademarks of Sprint.
Other marks are the property of their respective owners.

Navigation menu