THE BATTERY IS NOT F ULLY CHARGED WHEN YOU TAKE THE DEVIC E OU T OF THE B OX.
Important health information and safety precautions
When using t his product, the safety p recauti ons b elow must b e taken to av oid possible legal liabiliti es and damages.
Retain and follow all product safety a nd ope rating i nstruc tions. Observe all warni ngs in the op eratin g instructions on th e prod uct.
To red uce the risk of bodil y inju ry, electric shock, fire, a nd da mage t o the e quipment, o bserve the following prec autions.
Electrical safety
This product is intended f or use when suppli ed with power fro m the design ated b attery or po wer su pply u nit. Oth er us age ma y be
dange rous a nd will i nvali date a ny approval given t o this produc t.
Safety precautions for proper grounding installation
CAUTI ON: Connec ting to improperly groun ded eq uipment can result in an electric shock to your device.
This product is equipped with a USB Cable for co nnecti ng with deskt op or noteb ook co mpute r. Be s ure your compute r is pro perly
grounded (ea rthed ) before connecting this product to th e computer. T he po wer s upply c ord of a desktop or notebook c omputer has
an equipment-grounding c onductor a nd a g roundi ng plug. The plug must be plug ged into an approp riate outlet w hich is prop erly
installed and groun ded in accordance with all local code s and ordinances.
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Safety precautions for power supply unit
Use the co rrect e xternal power source
A product shoul d be operated o nly from the type of power sourc e indicat ed on the electrical ratings label. If you are not su re of the
type of power source re quired, consul t your au thorized service provider or local power company. F or a product th at operates fro m
battery powe r or ot her so urces, refer t o the operati ng instructio ns that are included with the p roduct.
Handle bat tery p acks carefully
This product contains a Lithium-ion polymer or Lithium-ion battery. There is a risk of fire and burns if the battery pack is handled improperly.
WARNI NG: To reduce risk of fire or b urns, do not disass emble, crus h, punc ture, s hort external contacts or circui ts,
expose to temperature ab ove 60° C (140° F), or dispose of in fire or wa ter. Recycle or dis pose of use d batte ries
according to the local reg ulations or reference gui de supplied with your product.
Take extra preca utions
Do not exp ose the device to liquids , except as s pecifie d in the Wat erproo f Attributes s ection on Safety a nd reg ulatory guid e
and Quick St art Gui de.
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The device should only be co nnected to produc ts that bear t he USB -IF lo go or have completed the USB-IF compliance
progra m.
Avoi d dropping t he device. If the device o r battery is dropped, esp ecially on a hard s urface, and the us er suspects damage,
take it to a se rvice c entre for inspection.
If the batt ery leaks:
Do not allow the leaking fluid to come in contact with skin or clothing. If already in contact, flush the affected area immediately with
clean water and seek medical advice.
Do not allow the leaking fluid 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 fire as there is a danger of ignition or explosion.
Safety precautions for direct sunlight
Keep t his product a way from excessive moisture and ext reme tempe ratures. Do not lea ve the product insi de a vehicle or in pl aces
where the temperatur e may exceed 60°C (140°F), such as on a car dash board, window sill, or b ehind glass that is expo sed to di rect
sunligh t or str ong ultraviol et light for extended periods of time. This may dama ge the produc t, ove rheat the battery, o r pose a risk t o
the vehicle.
Environment restrictions
Do not use thi s product in gas stations , fuel depots , che mical plants or whe re bla sting operati ons are in progress, or i n pote ntially
4
explosive atm ospheres s uch as fuelling are as, fuel store houses, below dec k on boats, c hemic al pla nts, fuel or c hemic al transfer or
storag e facilities, and are as where the air c ontains chemicals o r parti cles, s uch as grain, dust, or me tal powders. Pleas e be aware
that sp arks in such areas could cause an ex plosio n or fir e resul ting in bodily injury or even de ath.
When i n any area with a p otentially explosive atmosphere or whe re flam mabl e mat erials e xist, the prod uct sh ould be turne d off and
the use r should ob ey all signs and instructio ns. Users a re advised n ot to us e the equip ment a t refu eling points s uch as servi ce or
gas stations, and are remi nded of the need to obs erve restricti ons o n the u se of radio equipm ent in fuel depots, chemical pla nts, or
where blasting operations are in prog ress.
Road safety
Full attention must be giv en to driving at all times i n order to reduce t he risk of an accident. Y ou mu st com ply with local laws and
regulati ons restricti ng the use of wirel ess devices while d riving.
Safety precautions for RF exposure
Avoi d using your devic e near metal struct ures ( for exa mple, the st eel fra me of a building).
Avoi d using your devic e near stron g elect romag netic s ources, such as mi crowave ov ens, s ound speakers, TV and radio.
Use only o riginal manu facturer-approved acces sories , or ac cessories th at do not contain a ny metal.
Use of non -original ma nufacturer-approved acc essori es ma y violate you r local RF exposure guidelines and s hould be avoided.
Electrical safety
Accessories
5
Use only a pprov ed acc essori es.
Do not con nect with incompa tible p roduct s or ac cess ories.
Faul ty and damaged the device
Do not attempt t o disas sembl e this device or its accessory.
Only qualifi ed personnel must service or repair this device or its accesso ry.
General precautions
You alone are resp onsible for how you use y our device and any conseque nces o f its us e. Yo u must always switch off your device
wherever the use o f an el ectronic devi ce is prohibi ted. Use of your d evice is subj ect to safety meas ures d esigne d to p rotect users
and th eir environment.
Avoid applying ex cessiv e pressure to the device
Do not apply exc essiv e press ure on the lens a nd the d evice to prevent dama ging them. It is al so recommen ded th at you st ore the
device i n a protectiv e cas e. Cra cked display lens due to impro per handling are not cove red by the warranty.
Protect you r devi ce
Alwa ys treat you r devic e and its accesso ries wi th care and k eep them in a cle an and dust-free pl ace.
Do not exp ose y our device o r its ac cessories to open flames or lit tobacc o pro ducts.
Do not drop, thro w or try to bend yo ur device or its accessories.
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Do not use harsh chem icals, cleani ng sol vents, or aerosols to clean the device or its accessories.
Do not pai nt your devic e or its acce ssorie s.
Do not attempt t o disas sembl e your devic e or its acce ssorie s, only authorised perso nnel must do so.
Store your devic e or its accessories at te mpera tures betwee n 0°C to 40°C.
Please check loc al reg ulation s for disposal of el ectronic pro ducts.
Do not carry you r devic e in y our ba ck poc ket as it coul d brea k when you sit do wn.
Damage re quiring service
Unplug the pro duct from the elec trical outlet an d refer s ervicin g to an authorize d servic e techni cian or provide r under the following
conditi ons:
The produc t has been damag ed by exposure to liquid, dropped, su bject t o impact or damag ed.
There are noticeable si gns of overheating .
The produc t does not o perat e normally w hen you follo w the operati ng ins tructions.
Avoid hot areas
The product should be pl aced away f rom heat sou rces s uch as radiat ors, heat re gisters , stov es, or other p roduct s (incl uding
amplifi ers) th at produce h eat.
Expo sure t o liquids
Do not expos e the device to liq uids, e xcept as specified i n the Waterproof Attributes section on Saf ety and regulatory guide a nd
Quick Start Guide.
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Avoid using your devic e after a dramatic chang e in temperat ure
When y ou move your device between environmen ts wit h very different tem perature an d/or h umidity rang es, co ndensation m ay
form on or within th e devi ce. To avoid dama ging the device, all ow sufficient time f or the moist ure to evapo rate b efore using the
device.
NOTICE: Wh en taking th e devic e from low-t emperature conditions i nto a w armer envir onmen t or from hig h-temperature
conditi ons int o a cooler environ ment, allow t he device to acclimate to room temperature before turni ng on power.
Avoid pushi ng objects i nto product
Never push objects of a ny kind into cabinet slots or oth er openi ngs in th e prod uct. Slots and o penings are pro vided f or ventil ation.
These openings mu st not be bl ocked or cov ered.
Cleaning
Unplug the p roduct from t he wall outlet before cle aning. Do not use liquid cleane rs or a erosol cleaners. Use a d amp cl oth fo r
cleanin g, but NEVER use wate r to clean the lens.
Small child ren
Do not leave your device and its acce ssorie s withi n the r each of small child ren or allow them to play with it . They could hurt
themselves or others, or c ould accidentally damag e the device. Your devic e cont ains s mall parts with sharp ed ges that may
cause an injury or which c ould b ecome detac hed a nd create a c hokin g hazard. Co nsult t he doctor immediat ely if the accessories
or battery are swall owed.
Repetitive motion injuri es
To mini mize the ris k of re petitiv e strai n injuries:
8
Do not grip the d evice t oo tightly
Pres s the buttons lightly
Regulatory agency identifications
For regulator y identification purposes, your produc t is assigned a mo del number of 0PG1100.
Your device’s FCC ID is NM80P G1100. Thi s FCC ID ca n also be fo und pri nted o n the back o f the device.
To ens ure co ntinued relia ble and safe operation of your device, use only th e acc essori es list ed below with your 0PG1100:
Battery Pac k with model num ber B 0PG1100.
Certified Li mited Power Source (LP S), rated 5 Volts DC, mini mum 1 Amp powe r sup ply unit or US B charging.
Federal Communication Commission Interference Statement
This equipme nt has been teste d and f ound t o com ply wi th the limits for a Class B digital devic e, pursuant to Pa rt 15 o f the FCC
Rules. These limits are d esigne d to p rovide reaso nable protection ag ainst harmful interferenc e in a residential in stallati on. This
equipm ent generates uses and can ra diate radi o frequency energy and, if not in stalled a nd use d in accordance with the instruc tions,
may cause h armful interference to radio communi cation s. How ever, there i s no guarantee that inte rferenc e will not occur in a
particular installation. If this equipment does cause harmful interference to radio or televi sion reception, which can be d etermi ned by
turning the e quipment off and on, the user is enco urage d to try to correct the inte rference by one of the following measures:
9
Reorient or reloc ate th e receiving antenna.
Increase the sep aratio n betw een th e equi pment and receiver.
Connect th e equi pment into a n outl et on a circui t different fro m that to whi ch th e receiver is conne cted.
Consult the deal er or an exp erienced radi o or television tec hnician for h elp.
FCC Ca ution: Any c hanges or modific ations not ex pressly app roved by the party respo nsible for compliance could voi d the user’s
authori ty to operate this e quipment.
This device c ompli es with Part 15 of t he FCC Rules. Operation is su bject t o the f ollowin g two conditi ons: (1) This devic e may not
cause harmful interferenc e, and (2) this devi ce mu st acc ept any inter ferenc e recei ved, i ncludi ng interference tha t may cause
undesired operation.
Exposure to Radio Frequency Energy
This device was tes ted and found to c omply with the radio frequency (RF) s afety and Specific Absorption R ate (SAR) require ments
establis hed by the FCC and Industry Canad a. The Federal Communi cation s Co missio n (FCC) and Industry Canada (IC) have
establis hed a SAR limit of 1.6 W/kg, w hich applies in the Unite d States, Ca nada and ot her co untries that use the same SAR limit.
For mo re info rmation on this topic, please r efer to HTC’s RF s afety web page at:
Maximum tes ted SAR val ue: 1.33 W/k g@1g
This tr ansmit ter must not be co-locate d or o perati ng in c onjunction with any othe r ante nna or trans mitter.
10
WEEE notice
inform ation about
The Directive on W aste Electric al and Electronic Equipm ent (W EEE), whic h ente red into force as E urope an law on 13th Feb ruary
2003, resulted in a major change in th e trea tment of elec trical equipment at end-o f-life.
The purpose of t his Direc tive is, as a first pri ority, th e preve ntion of W EEE, a nd in addition, to promote the reu se, recy cling and othe r
forms of reco very of such wast es so as to r educe disposal.
The WEEE l ogo (s hown at the l eft) on the p roduct or on its box indicates that this produ ct must not be dis posed of or
dumpe d with your other h ousehold wa ste. You are liable to dis pose of all y our electroni c
or electrical w aste equipm ent by reloc ating over t o the specified colle ction point for recycling of suc h hazardous waste.
Isolated colle ction and proper recove ry of your electronic and electric al waste
equipm ent at the ti me of dispos al will allow us to h elp co nservi ng nat ural re sources. Mo reove r, proper recycling of the
electro nic and electri cal wa ste equipmen t will ensure safety of human heal th and enviro nment . For more
electro nic an d elect rical w aste equipm ent disposal, recov ery,
and collectio n points, please contact y our local city cent er, ho usehold wast e disp osal s ervice, shop
from where y ou purchase d the equipment, or manufactu rer of the equipme nt.
RoHS compliance
This product is in c omplia nce with Dir ective 2011/65/EU of the European Parliament and of the Council o f 8 June 2011, on the
restriction of the us e of c ertain hazard ous s ubstances in electri cal an d electronic equip ment (RoHS) and its ame ndments.
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CEC Appliance Efficiency Compliance
The BC logo (show n at th e left) indicates th at this produc t complies w ith the Calif ornia Energy Commission (CEC )
energy efficie ncy standards for battery ch arger system s set fo rth at Californi a Code of Regulations Title 20, Se ctions
1601 t hrough 1608.
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 RETAILER FROM WHOM YOU PURCHASED IT FOR A REFUND.
SOME STATES OR RETAILERS ALLOW A LONGER RETURN PERIOD, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
DEFINITIONS
The following definitions apply to this Limited Warranty:
“Product” means a new device that can be identified by the “HTC” trademark, trade name, or logo affixed to the device as
originally supplied, manufactured by or for HTC and purchased from an authorized retailer.
“Accessory” means a new case, or other secondary component that is not affixed 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
identified by the “HTC” trademark, trade name, or logo affixed to the to the component as originally supplied.
“Warranty Period,” for a Product, means twelve (12) months from the date You purchased the Product from an authorized
retailer; and for Accessories means ninety (90) days from the date You purchased it from an authorized retailer; unless You
14
and HTC agree in writing to a different duration.
“State” means a State, the District of Columbia, and any other United States territory or possession
“You” or “Your” means the original retail purchaser and/or original end-user of the Product.
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
specific legal rights, and You may also have other rights which vary from State to State.
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
15
NOT APPLY:
if the Product or Accessory serial number, the date code, the water indicator, or the warranty seal (void label) has been
removed, erased, defaced, or altered, or is illegible;
to any deterioration of the cosmetic appearance of the Product or Accessory due to normal wear and tear;
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;
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 specified;
to malfunctions caused by electrical surges or other electrical current problems that are not the fault of the Product or
Accessory;
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;
to unauthorized modifications or connections, unauthorized opening, repair by use of unauthorized spare parts, or repair by
an unauthorized person or location;
to accidents, forces of nature, or other actions beyond the reasonable control of HTC (including but not limited to deficiencies
in consumable parts) unless the defect was caused directly by a malfunction;
to physical damage to the surface of the Product or Accessory, including but not limited to cracks or scratches on the surface,
including any screen or lens;
to any Bluetooth device, wireless connection or other product to which the Product may connect. HTC does not warrant
16
that the operation of the Product or Accessory will be uninterrupted or error-free;
where the software loaded on the Product, including but not limited to the operating system, needs to be upgraded, if such
updates can be loaded by You;
to any Product in which the operating system has been altered, including any failed attempts to alter the operating system,
regardless of whether such modifications are authorized, approved, or otherwise sanctioned by HTC; or
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 meet or exceed HTC specifications. 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 connection(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:
17
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 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 htc.com/support, You
should contact the 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 retailer or HTC, please be sure to have the following information available:
Upon completion of these steps, 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 HTC.
If You return the Product or Accessory during the Warranty Period and it satisfies the terms of this Limited Warranty, HTC or
a. The model and serial number of the Product or Accessory.
b. Your full address and contact information.
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 fifteen
(15) months prior to the date the claim is made, HTC has no obligation to provide support under the
Limited Warranty.
18
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 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 HTC.
Rather than ask You to return the Product or Accessory, HTC may instead elect to supply user-installable parts directly to You
to fulfill 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 confidential, proprietary, or personal
information, and/or removable memory from the Product, if any. HTC is not responsible for damage to or loss of any
programs, data, images, personal information, or removable storage 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 configuration 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 notified 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
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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.
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 CU STOMER 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
20
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 ARBITRAT ION, AND NOT BY A COURT OR JURY.
If You intend to seek arbitration under the preceding paragraph, You must first 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, Sui te 200, Bellevue, WA 98005. Similarly, if HTC intends to seek arbitration under the preceding
paragraph, HTC must first 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 or HTC may then file an arbitration claim. HTC will pay any filing 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
21
those rules would be inconsistent with any part of this Limited Warranty, includi ng 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 finds 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 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.
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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 W ILL 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) 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 this agreement to arbitrate. If You opt out of
the agreement to arbitrate, the Limited Warranty will still apply to You.
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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. Notwithstanding 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 specifically 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.
Support Service Contact Information
Country Languages Service Hotline Service Hours
United English +1-866-449-8358 08:00 - 01:00 Eastern Time
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States
Español +1-866-963-0960 09:00 - 21:00 Eastern Time
htc.com
91H0X XXX-X XM Rev.A
25
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