Important Information for the
MOTOROLA PHOTON
TM
4G
MOTOROLA PHOTON™ 4G
Important Safety Information – page 2
Manufacturer’s Warranty – page 32
Sprint Service Agreement: – page 38
General Terms and Conditions
of Service
Important Message From Sprint – page 65
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Important Safety Information
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General Precautions (page 3 )
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Maintaining Safe Use of and Acce ss to Your Phone
(page 3)
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Battery Use & Safety (page 4)
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Battery Charging (page 7)
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Third Party Accessories (page 7)
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Driving Precautions (page 7)
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Seizures/Blackouts (page 8)
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Caution About High Volume Usage (page 9)
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Repetitive Motion (page 9)
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Children (page 9)
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Glass Parts (page 10)
2 Important Safety Information
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Operational Warnings (page 10)
Radio Frequency (RF) Energy (page 12)
Specific Absorption Rate (IEEE) (page 14)
Information from the World Health Organization
(page 15)
European Union Directives Conformance
Statement (page 15)
FCC Notice to Users (page 16)
Industry Canada Notice to Users (page 17)
Location Services (GPS & AGPS) (page 18)
Navigation (page 19)
Smart Practices While Driving (page 19)
Privacy & Data Security (page 21)
Use & Care (page 23)
Recycling (page 24)
California Perchlorate Label (page 25)
Hearing Aid Compatibility with Mobile Phones
(page 25)
♦
Software Copyright Notice (pag e 27)
♦
Content Copyright (page 27)
♦
Open Source Software Inform ation (page 27)
♦
Export Law Assurances (page 28)
♦
Product Registration (page 28)
♦
Service & Repairs (page 29)
♦
Owner’s Record (page 29)
♦
Copyright & Trademarks (page 30)
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 phone guide 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.
Important Safety Information 3
●
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.
Note:
For the best care of your phone, only Sprintauthorized personnel should service your
phone and accessories. Failure to do so may
be dangerous and void your warranty.
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.
Battery Use & Safety
Important:
Following Safety Guidelines
To operate your phone safely and efficiently, always
follow any special regulations in a given area. Turn
your phone off in areas where use is forbidden or
when it may cause interference or danger.
Turning Off Your Phone Before Flying
Turn off your phone before boarding any aircraft. To
prevent possible interference with aircraft systems, the
U.S. Federal Aviation Administration (FAA) regulations
require you to have permission from a crew member
to use your phone while the plane is on the ground. To
prevent any risk of interference, FCC regulations
prohibit using your phone while the plane is in the air.
4 Important Safety Information
DON’Ts
●
Don’t disassemble, crush, puncture, shred, or
otherwise attempt to change the form of your
battery.
●
Don’t let the mobile device or battery come in
contact with liquids.*
mobile device’s circuits, leading to corrosion.
●
Don’t allow the battery to touch metal objects.
metal objects, such as jewelry, stay in prolonged
contact with the battery contact points, the battery
could become very hot.
Handle and store batteries properly to
avoid injury or damage.
issues arise from improper handling of
batteries, and particularly from the
continued use of damaged batteries.
Liquids can get into the
Most battery
If
●
Don’t place your mobile device or battery near a
heat source.*
battery to swell, leak, or malfunction.
●
Don’t dry a wet or damp battery with an
appliance or heat source
High temperatures can cause the
, such as a hair dryer or
microwave oven.
DOs
●
Do avoid leaving your mobile device in your car
in high temperatures.*
●
Do avoid dropping the mobile device or battery.*
Dropping these items, especially on a hard surface,
can potentially cause damage.*
●
Do contact your service provider or Motorola if
your mobile device or battery has been
damaged by dropping, liquids or high
temperatures.
Important Safety Information 5
Note:
*Always make sure that the battery
compartment and any connector covers are
closed and secure to avoid direct exposure of
the battery to any of these conditions, even if
your product information states that your
mobile device can resist damage from these
conditions.
Important:
Motorola’s warranty does not cover damage to the
mobile device caused by non-Motorola batteries and/
Motorola recommends you always
use Motorola-branded batteries and
chargers for quality assurance and
safeguards.
or chargers. To help you identify authentic Motorola
batteries from non-original or counterfeit batteries (that
may not have adequate safety protection), Motorola
provides holograms on its batteries. You should
confirm that any battery you purchase has a “Motorola
Original” hologram.
If you see a message on your display such as
032375o
Invalid Battery
following steps:
●
Remove the battery and inspect it to confirm that it
has a “Motorola Original” hologram;
●
If there is no hologram, the battery is not a Motorola
battery;
●
If there is a hologram, replace the battery and try
charging it again;
●
If the message remains, contact a Motorola
authorized service center.
WARNIN G: Use of a non-Motorola battery or
Proper and safe battery disposal and recycling:
Proper battery disposal is not only important for safety,
it benefits the environment. You can recycle your used
or
Unable to Charge
charger may present a risk of fire,
explosion, leakage, or other hazard.
, take the
6 Important Safety Information
batteries in many retail or service provider locations.
Additional information on proper disposal and
recycling can be found at
Disposal:
Promptly dispose of used batteries
in accordance with local regulations. Contact
your local recycling center or national
www.motorola.com/recycling
recycling organizations for more information on how to
dispose of batteries.
WARNIN G: Never dispose of batteries in a fire
because they may explode.
Battery Charging
Notes for charging your product’s battery:
●
During charging, keep your battery and charger
near room temperature for efficient battery charging.
●
New batteries are not fully charged.
●
New batteries or batteries stored for a long time
may take more time to charge.
●
Motorola batteries and charging systems have
circuitry that protects the battery from damage from
overcharging.
Third Party Accessories
Use of third party accessories, including but not limited
to batteries, chargers, headsets, covers, cases, screen
protectors and memory cards, may impact your
mobile device’s performance. In some circumstances,
third party accessories can be dangerous and may
Important Safety Information 7
void your mobile device’s warranty. For a list of
Motorola accessories, visit
www.motorola.com/products
Driving Precautions
Responsible and safe driving is your primary
responsibility when behind the wheel of a vehicle.
Using a mobile device or accessory for a call or other
application while driving may cause distraction. Using
a mobile device or accessory may be prohibited or
restricted in certain areas, always obey the laws and
regulations on the use of these products.
While driving, NEVER:
●
Type or read texts.
●
Enter or review written data.
●
Surf the web.
●
Input navigation information.
●
Perform any other functions that divert your attention
from driving.
While driving, ALWAYS:
●
Keep your eyes on the road.
●
Use a handsfree device if available or required by
law in your area.
●
Enter destination information into a navigation
device
before
driving.
●
Use voice activated features (such as voice dial)
and speaking features (such as audible directions),
if available.
●
Obey all local laws and regulations for the use of
mobile devices and accessories in the vehicle.
●
End your call or other task if you cannot concentrate
on driving.
●
Remember to follow the “Smart Practices While
Driving” in this guide and at
callsmart
(in English only).
8 Important Safety Information
www.motorola.com/
Seizures/Blackouts
Some people may be susceptible to epileptic seizures
or blackouts when exposed to flashing lights, such as
when playing videos or games. These may occur
even if a person has never had a previous seizure or
blackout.
If you have experienced seizures or blackouts, or if you
have a family history of such occurrences, please
consult with your physician before playing videos or
games or enabling a flashing-lights feature (if
available) on your mobile device.
Discontinue use and consult a physician if any of the
following symptoms occur: convulsion, eye or muscle
twitching, loss of awareness, involuntary movements,
or disorientation. It is always a good idea to hold the
screen away from your eyes, leave the lights on in the
room, take a 15-minute break every hour, and stop use
if you are tired.
Caution About High Volume Usage
WARNIN G: Exposure to loud noise from any
To protect your hearing:
●
Limit the amount of time you use headsets or
headphones at high volume.
●
Avoid turning up the volume to block out noisy
surroundings.
●
Turn the volume down if you can’t hear people
speaking near you.
If you experience hearing discomfort, including the
sensation of pressure or fullness in your ears, ringing in
your ears, or muffled speech, you should stop listening
source for extended periods of time
may affect your hearing. The louder
the volume sound level, the less time
is required before your hearing could
be affected.
Important Safety Information 9
to the device through your headset or headphones
and have your hearing checked.
For more information about hearing, see our website
direct.motorola.com/hellomoto/nss/AcousticSafety.asp
at
(in English only).
Repetitive Motion
When you repetitively perform actions such as
pressing keys or entering finger-written characters, you
may experience occasional discomfort in your hands,
arms, shoulders, neck, or other parts of your body. If
you continue to have discomfort during or after such
use, stop use and see a physician.
Children
Keep your mobile device and its accessories away
from small children.
may be hazardous to small children. For example:
These products are not toys and
●
A choking hazard may exist for small, detachable
parts.
●
Improper use could result in loud sounds, possibly
causing hearing injury.
●
Improperly handled batteries could overheat and
cause a burn.
Similar to a computer, if a child does use your mobile
device, you may want to monitor their access to help
prevent exposure to inappropriate apps or content.
Glass Parts
Some parts of your mobile device may be made of
glass. This glass could break if the product receives a
substantial impact. If glass breaks, do not touch or
attempt to remove. Stop using your mobile device until
the glass is replaced by a qualified service center.
10 Important Safety Information
Operational Warnings
Obey all posted signs when using mobile devices in
public areas.
Potentially Explosive Atmospheres
Areas with potentially explosive atmospheres are often,
but not always, posted and can include fueling areas,
such as below decks on boats, fuel or chemical
transfer or storage facilities, or areas where the air
contains chemicals or particles, such as grain dust, or
metal powders.
When you are in such an area, turn off your mobile
device, and do not remove, install, or charge batteries
unless it is a radio product type especially qualified for
use in such areas as “Intrinsically Safe” (for example,
Factory Mutual, CSA, or UL approved). In such areas,
sparks can occur and cause an explosion or fire.
Symbol Key
032374o
032376o
032375o
Your battery, charger, or mobile device may contain
symbols, defined as follows:
Symbol Definition
Important safety information follows.
Do not dispose of your battery or
mobile device in a fire.
Your battery or mobile device may
require recycling in accordance with
local laws. Contact your local
regulatory authorities for more
information.
Symbol Definition
Do not dispose of your battery or
mobile device with your household
waste. See “Recycling” for more
information.
Do not use tools.
For indoor use only.
Important Safety Information 11
●
Radio Frequency (RF) Energy
Exposure to RF Energy
Your mobile device contains a transmitter and receiver.
When it is ON, it receives and transmits RF energy.
When you communicate with your mobile device, the
system handling your call controls the power level at
which your mobile device transmits.
Your mobile device is designed to comply with local
regulatory requirements in your country concerning
exposure of human beings to RF energy.
RF Energy Operational Precautions
For optimal mobile device performance, and to be
sure that human exposure to RF energy does not
exceed the guidelines set forth in the relevant
standards, always follow these instructions and
precautions:
12 Important Safety Information
When placing or receiving a phone call, hold your
mobile device just like you would a landline phone.
●
If you wear the mobile device on your body, always
place the mobile device in a Motorola-supplied or
approved clip, holder, holster, case, or body
harness. If you do not use a body-worn accessory
supplied or approved by Motorola, keep the mobile
device and its antenna at least 2.5 cm (1 inch) from
your body when transmitting.
●
Using accessories not supplied or approved by
Motorola may cause your mobile device to exceed
RF energy exposure guidelines. For a list of
Motorola-supplied or approved accessories, visit
our website at: www.motorola.com
RF Energy Interference/Compatibility
Nearly every electronic device is subject to RF energy
interference from external sources if inadequately
shielded, designed, or otherwise configured for RF
.
energy compatibility. In some circumstances, your
mobile device may cause interference with other
devices.
Follow Instructions to Avoid Interference
Problems
Turn off your mobile device in any location where
posted notices instruct you to do so.
In an aircraft, turn off your mobile device whenever
instructed to do so by airline staff. If your mobile device
offers an airplane mode or similar feature, consult
airline staff about using it in flight.
Implantable Medical Devices
If you have an implantable medical device, such as a
pacemaker or defibrillator, consult your physician
before using this mobile device.
Persons with implantable medical devices should
observe the following precautions:
Important Safety Information 13
●
ALWAYS keep the mobile device more than
20 centimeters (8 inches) from the implantable
medical device when the mobile device is turned
ON.
●
DO NOT carry the mobile device in the breast
pocket.
●
Use the ear opposite the implantable medical
device to minimize the potential for interference.
●
Turn OFF the mobile device immediately if you have
any reason to suspect that interference is taking
place.
Read and follow the directions from the manufacturer
of your implantable medical device. If you have any
questions about using your mobile device with your
implantable medical device, consult your healthcare
provider.
Specific Absorption Rate (IEEE)
YOUR MOBILE DEVICE MEETS FCC LIMITS
FOR EXPOSURE TO RADIO WAVES.
Your mobile device is a radio transmitter and receiver.
It is designed not to exceed the limits for exposure to
radio waves (radio frequency electromagnetic fields)
adopted by the Federal Communications Commission
(FCC). These limits include a substantial safety margin
designed to assure the safety of all persons, regardless
of age and health.
The radio wave exposure guidelines use a unit of
measurement known as the Specific Absorption Rate,
or SAR. The SAR limit for mobile devices is 1.6 W/kg.
Tests for SAR are conducted using standard operating
positions with the device transmitting at its highest
certified power level in all tested frequency bands. The
14 Important Safety Information
highest SAR values under the FCC guidelines for your
device model are listed below:
Head SAR
Body-worn
SAR
During use, the actual SAR values for your device are
usually well below the values stated. This is because,
for purposes of system ef ficiency and to minimize
interference on the network, the operating power of
your mobile device is automatically decreased when
full power is not needed for the call. The lower the
power output of the device, the lower its SAR value.
Body-worn SAR testing has been carried out using an
approved accessory or at a separation distance of
2.5 cm (1 inch). To meet RF exposure guidelines
during body-worn operation, the device should be in
an approved accessory or positioned at least 2.5 cm
CDMA 800/1900, Wi-Fi,
WiMax, Bluetooth
CDMA 800/1900, Wi-Fi,
WiMax, Bluetooth
0.93 W/kg
0.91 W/kg
(1 inch) away from the body. If you are not using an
approved accessory, ensure that whatever product is
used is free of any metal and that it positions the
phone at least 2.5 cm (1 inch) away from the body.
The World Health Organization has stated that present
scientific information does not indicate the need for
any special precautions for the use of mobile devices.
They recommend that if you are interested in further
reducing your exposure then you can easily do so by
limiting your usage or simply using a hands-free kit to
keep the device away from the head and body.
Additional information can be found at
emf
(World Health Organization) or
rfhealth
(Motorola Mobility, Inc.).
www.who.int/
www.motorola.com/
Information from the World Health
Organization
“A large number of studies have been performed over
the last two decades to assess whether mobile
Important Safety Information 15
phones pose a potential health risk. To date, no
adverse health effects have been established for
mobile phone use.”
Source: WHO Fact Sheet 193
Further information: http://www.who.int/emf
European Union Directives Conformance
Statement
The following CE compliance information is applicable
to Motorola mobile devices that carry one of the
following CE marks:
0168
[Only Indoor Use Allowed In France
0168
for Bluetooth and/or Wi-Fi]
Hereby, Motorola declares that this product is in
compliance with:
●
The essential requirements and other relevant
provisions of Directive 1999/5/EC
●
All other relevant EU Directives
0168
The above gives an example of a typical Product
Approval Number.
You can view your product’s Declaration of Conformity
(DoC) to Directive 1999/5/EC (to R&TTE Directive) at
www.motorola.com/rtte
Product Approval Number from your product’s label in
the “Search” bar on the website.
16 Important Safety Information
Product
Approval
Number
. To find your DoC, enter the
FCC Notice to Users
The following statement applies to all products that
bear the FCC lo go on the product label.
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. See 47 CFR Sec. 15.105(b).
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 or relocate the receiving antenna.
●
Increase the separation between the equipment
and the receiver.
●
Connect the equipment to 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.
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. See 47 CFR Sec. 15.19(a)(3).
Motorola has not approved any changes or
modifications to this device by the user. Any changes
or modifications could void the user’s authority to
operate the equipment. See 47 CFR Sec. 15.21.
Important Safety Information 17
For products that support W-Fi 802.11a (as defined in
the product specifications available at
www.motorola.com
This equipment has the capability to operate Wi-Fi in
the 5 GHz Unlicensed National Information
Infrastructure (U-NII) band. Because this band is
shared with MSS (Mobile Satellite Service), the FCC
has restricted such devices to indoor use only (see 47
CFR 15.407(e)). Since wireless hot spots operating in
this band have the same restriction, outdoor services
are not offered. Nevertheless, please do not operate
this device in Wi-Fi mode when outdoors.
), the following information applies.
Industry Canada Notice to Users
Operation is subject to the following two conditions: (1)
This device may not cause interference and (2) This
device must accept any interference, including
interference that may cause undesired operation of the
device. See RSS-GEN 7.1.5. This Class B digital
apparatus complies with Canadian ICES-003.
Location Services (GPS & AGPS)
The following information is applicable to Motorola
mobile devices that provide location based (GPS and/
or AGPS) functionality.
Your mobile device can use Global Positioning
System (GPS) signals for location-based applications.
GPS uses satellites controlled by the U.S. government
that are subject to changes implemented in
accordance with the Department of Defense policy
and the Federal Radio Navigation Plan. These
changes may affect the performance of location
technology on your mobile device.
Your mobile device can also use Assisted Global
Positioning System (AGPS), which obtains information
from the cellular network to improve GPS
performance. AGPS uses your wireless service
18 Important Safety Information
provider's network and therefore airtime, data charges,
and/or additional charges may apply in accordance
with your service plan. Contact your wireless service
provider for details.
Your Location
Location-based information includes information that
can be used to determine the approximate location of
a mobile device. Mobile devices which are connected
to a wireless network transmit location-based
information. Devices enabled with GPS or AGPS
technology also transmit location-based information.
Additionally, if you use applications that require
location-based information (e.g. driving directions),
such applications transmit location-based information.
This location-based information may be shared with
third parties, including your wireless service provider,
applications providers, Motorola, and other third parties
providing services.
Emergency Calls
When you make an emergency call, the cellular
network may activate the AGPS technology in your
mobile device to tell the emergency responders your
approximate location.
AGPS has limitations and might not work in your area.
Therefore:
●
Always tell the emergency responder your location
to the best of your ability; and
●
Remain on the phone for as long as the emergency
responder instructs you.
Navigation
The following information is applicable to Motorola
mobile devices that provide navigation features.
When using navigation features, note that mapping
information, directions and other navigational data may
contain inaccurate or incomplete data. In some
Important Safety Information 19
countries, complete information may not be available.
Therefore, you should visually confirm that the
navigational instructions are consistent with what you
see. All drivers should pay attention to road conditions,
closures, traffic, and all other factors that may impact
driving. Always obey posted road signs.
Smart Practices While Driving
Check the laws and regulations on the use of
mobile devices and their accessories in the areas
where you drive. Always obey them. The use of
these devices may be prohibited or restricted in
certain areas—for example, handsfree use only
may be required. Go to www.motorola.com/callsmart
(in English only) for more information.
Your mobile device lets you communicate by voice
and data—almost anywhere, anytime, wherever
wireless service is available and safe conditions allow.
When driving a car, driving is your first responsibility. If
you choose to use your mobile device while driving,
remember the following tips:
●
Get to know your Motorola mobile device and its
features such as speed dial, redial and voic e
dial.
If available, these features help you to place
your call without taking your attention off the road.
●
When available , use a handsfree device.
possible, add an additional layer of convenience to
your mobile device with one of the many
Motorola Original handsfree accessories available
today.
●
Position your mobile device within easy reach.
Be able to access your mobile device without
removing your eyes from the road. If you receive an
incoming call at an inconvenient time, if possible, let
your voicemail answer it for you.
●
Let the person you are speaking with know you
are driving; if necessary, suspend the call in
heavy traffic or hazardous weather conditions.
20 Important Safety Information
If
Rain, sleet, snow, ice, and even heavy traffic can be
hazardous.
●
Do not take notes or look up phone numbers
while driving.
through your address book takes attention away
from your primary responsibility—driving safely.
●
Dial sensibly and assess the traffic; if possible,
place calls when your car is no t moving or
before pulling into traffic.
while moving, dial only a few numbers, check the
road and your mirrors, then continue.
●
Do not engage in stressful or emotional
conversations that may be distracting.
people you are talking with aware you are driving
and suspend conversations that can divert your
attention away from the road.
●
Use your mobile device to call for help.
or other local emergency number in the case of fire,
Jotting down a “to do” list or going
If you must make a call
Make
Dial 911
traffic accident, or medical emergencies (wherever
wireless phone service is available).
●
Use your mobile device to help others in
emergencies.
progress, or other serious emergency where lives
are in danger, call 911 or other local emergency
number (wherever wireless phone service is
available), as you would want others to do for you.
●
Call roadside assistance or a special nonemergency wireless assistance number when
necessary.
posing no serious hazard, a broken traffic signal, a
minor traffic accident where no one appears injured,
or a vehicle you know to be stolen, call roadside
assistance or other special non-emergency wireless
number (wherever wireless phone service is
available) .
If you see an auto accident, crime in
If you see a broken-down vehicle
Important Safety Information 21
Privacy & Data Security
Motorola understands that privacy and data security
are important to everyone. Because some features of
your mobile device may affect your privacy or data
security, please follow these recommendations to
enhance protection of your information:
●
Monitor access
and do not leave it where others may have
unmonitored access. Use your device’s security and
lock features, where available.
●
Keep software up to date
software/application vendor releases a patch or
software fix for your mobile device that updates the
device’s security, install it as soon as possible.
●
Secure Personal Information
can store personal information in various locations
including your SIM card, memory card, and phone
memory. Be sure to remove or clear all personal
—Keep your mobile device with you
—If Motorola or a
—Your mobile device
●
information before you recycle, return, or give away
your device. You can also backup your personal
data to transfer to a new device.
Note:
For information on how to backup or wipe data
from your mobile device, go to
www.motorola.com/support
●
Online accounts
Motorola online account (such as MOTOBLUR). Go
to your account for information on how to manage
the account, and how to use security features such
as remote wipe and device location (where
available).
●
Applications and updates
and updates carefully, and install from trusted
sources only. Some apps can impact your phone’s
performance and/or have access to private
information including account details, call data,
location details and network resources.
22 Important Safety Information
—Some mobile devices provide a
.
—Choose your apps
Wireless
only connect to trusted Wi-Fi networks. Also, when
using your device as a hotspot (where available)
use network security. These precautions will help
prevent unauthorized access to your device.
●
Location-based information
information includes information that can be used to
determine the approximate location of a mobile
device. Mobile phones which are connected to a
wireless network transmit location-based
information. Devices enabled with GPS or AGPS
technology also transmit location-based
information. Additionally, if you use applications that
require location-based information (e.g. driving
directions), such applications transmit locationbased information. This location-based information
may be shared with third parties, including your
wireless service provider, applications providers,
Motorola, and other third parties providing services.
—For mobile devices with Wi-Fi features,
—Location-based
●
Other information your device may transmit
Your device may also transmit testing and other
diagnostic (including location-based) information,
and other non-personal information to Motorola or
other third-party servers. This information is used to
help improve products and services offered by
Motorola.
If you have further questions regarding how the use of
your mobile device may impact your privacy or data
security, please contact Motorola at
privacy@motorola.com
, or contact your service provider.
—
Important Safety Information 23
Use & Care
To care for your Motorola mobile device, please
observe the following:
Liquids
Don’t expose your mobile device to water,
rain, extreme humidity, sweat, or other
liquids. If it does get wet, don’t try to
accelerate drying with the use of an oven or
dryer, as this may damage the mobile
device.
Extreme Heat or Cold
Don’t store or use your mobile device in
temperatures below -10°C (14°F) or above
60°C (140°F). Don’t recharge your mobile
device in temperatures below 0°C (32°F) or
above 45°C (113°F).
Microwaves
Don’t try to dry your mobile device in a
microwave oven.
Dust and Dirt
Don’t expose your mobile device to dust, dirt,
sand, food, or other inappropriate materials.
Cleaning Solutions
To clean your mobile device, use only a dry
soft cloth. Don’t use alcohol or other
cleaning solutions.
Shock and Vibration
Don’t drop your mobile device.
Protection
To help protect your mobile device, always
make sure that the battery compartment and
24 Important Safety Information
any connector covers are closed and secure.
Recycling
Mobile Devices & Accessories
Please do not dispose of mobile devices or
electrical accessories (such as chargers,
headsets, or batteries) with your household
waste, or in a fire. These items should be
disposed of in accordance with the national collection
and recycling schemes operated by your local or
regional authority. Alternatively, you may return
unwanted mobile devices and electrical accessories to
any Motorola Approved Service Center in your region.
Details of Motorola approved national recycling
schemes, and further information on Motorola
recycling activities can be found at:
recy cling
www.motorola.com/
Packaging & Product Guides
Product packaging and product guides should only
be disposed of in accordance with national collection
and recycling requirements. Please contact your
regional authorities for more details.
California Perchlorate Label
Some mobile phones use an internal, permanent
backup battery on the printed circuit board that may
contain very small amounts of perchlorate. In such
cases, California law requires the following label:
Perchlorate Material – special handling may apply
when the battery is recycled or disposed of. See
www.dtsc.ca.gov/hazardouswaste/perchlorate
There is no special handling required by consumers.
Important Safety Information 25
Hearing Aid Compatibility with Mobile
Phones
Some Motorola phones are measured for compatibility
with hearing aids. If the box for your particular model
has “Rated for Hearing Aids” printed on it, the following
explanation applies.
When some mobile phones are used near some
hearing devices (hearing aids and cochlear implants),
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.
The wireless telephone industry has developed ratings
for some of their mobile phones, to assist hearing
device users in finding phones that may be
compatible with their hearing devices. Not all phones
have been rated. Phones that are rated have the rating
on their box or a label on the box. To maintain the
published Hearing Aid Compatibility (HAC) rating for
this mobile phone, use only the original equipment
battery model.
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
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.
Contact your service provider or Motorola for
information on hearing aid compatibility. If you have
questions about return or exchange policies, contact
your service provider or phone retailer.
The ratings are not guarantees. Results will vary
depending on the user’s hearing device and hearing
loss. If your hearing device happens to be vulnerable
to interference, you may not be able to use a rated
phone successfully. Trying out the phone with your
hearing device is the best way to evaluate it for your
personal needs.
M-Ratings:
requirements and are likely to generate less
interference to hearing devices than phones that are
not labeled. M4 is the better/higher of the two ratings.
T-R ati ngs :
requirements and are likely to be more usable with a
Phones rated T3 or T4 meet FCC
hearing device’s telecoil (“T Switch” or “Telephone
Switch”) than unrated phones. T4 is the better/higher
of the two ratings. (Note that not all hearing devices
have telecoils in them.)
Hearing devices may also be measured for immunity
to this type of interference. Your hearing device
manufacturer or hearing health professional may help
you find results for your hearing device. The more
immune your hearing aid is, the less likely you are to
experience interference noise from mobile phones.
26 Important Safety Information
Phones rated M3 or M4 meet FCC
Software Copyright Notice
Motorola products may include copyrighted Motorola
and third-party software stored in semiconductor
memories or other media. Laws in the United States
and other countries preserve for Motorola and thirdparty software providers certain exclusive rights for
copyrighted software, such as the exclusive rights to
distribute or reproduce the copyrighted software.
Accordingly, any copyrighted software contained in
Motorola products may not be modified, reverseengineered, distributed, or reproduced in any manner
to the extent allowed by law. Furthermore, the purchase
of Motorola products shall not be deemed to grant
either directly or by implication, estoppel, or otherwise,
any license under the copyrights, patents, or patent
applications of Motorola or any third-party software
provider, except for the normal, non-exclusive, royaltyfree license to use that arises by operation of law in the
sale of a product.
Important Safety Information 27
Content Copyright
The unauthorized copying of copyrighted materials is
contrary to the provisions of the Copyright Laws of the
United States and other countries. This device is
intended solely for copying non-copyrighted materials,
materials in which you own the copyright, or materials
which you are authorized or legally permitted to copy. If
you are uncertain about your right to copy any
material, please contact your legal advisor.
Open Source Software Information
For instructions on how to obtain a copy of any source
code being made publicly available by Motorola
related to software used in this Motorola mobile device,
you may send your request in writing to the address
below. Please make sure that the request includes the
model number and the software version number.
MOTOROLA MOBILITY, INC.
OSS Management
600 North US Hwy 45
Libertyville, IL 60048
USA
The Motorola website
contains information regarding Motorola's use of open
source.
Motorola has created the
website to serve as a portal for interaction with the
software c ommunity-at-large.
To view additional information regarding licenses,
acknowledgments and required copyright notices for
open source packages used in this Motorola mobile
device, please press Menu Key >
About phone
>
Open source licenses
device may include self-contained applications that
28 Important Safety Information
opensource.motorola.com
opensource.motorola.com
>
Legal information
. In addition, this Motorola
Settings
also
>
present supplemental notices for open source
packages used in those applications.
Export Law Assurances
This product is controlled under the export regulations
of the United States of America and Canada. The
Governments of the United States of America and
Canada may restrict the exportation or re-exportation
of this product to certain destinations. For further
information contact the U.S. Department of Commerce
or the Canadian Department of Foreign Affairs and
International Trade.
Product Registration
Online Product Registration:
www.motorola.com/us/productregistration
Product registration is an important step toward
enjoying your new Motorola product. Registering
permits us to contact you for product or software
updates and allows you to subscribe to updates on
new products or special promotions. Registration is not
required for warranty coverage.
Please retain your original dated sales receipt for your
reco rds. Fo r warranty s ervic e of yo ur Motoro la Per sonal
Communications Product you will need to provide a
copy of your dated sales receipt to confirm warranty
status.
Thank you for choosing a Motorola product.
Service & Repairs
If you have questions or need assistance, we're here to
help.
www.motorola.com/repair
Go to
www.motorola.com/support
select from a number of customer care options. You
can also contact the Motorola Customer Support
Center at 1-800-734-5870 (United States), 1-888-390-
(United States) or
(Canada), where you can
Important Safety Information 29
6456 (TTY/TDD United States for hearing impaired), or
1-80 0- 461- 4575 (Canada) .
Owner’s Record
The model number, regulatory number, and serial
number are located on a nameplate inside the battery
compartment. Record the serial number in the space
provided below. This will be helpful if you need to
contact us about your phone in the future.
Model: MOTOROLA PHOTON 4G
Serial No.:
Copyright & Trademarks
Motorola Mobility, Inc.
Consumer Advocacy Office
600 N US Hwy 45
Libertyville, IL 60048
www.motorola.com
Note:
Do not ship your product to the above address.
If you need to return your product for repairs,
replacement, or warranty service, please
contact the Motorola Customer Support Center
at:
1 (800) 734-5870 (United States)
1 (888) 390-6456 (TT Y, TDD United State s for
hearing impaired)
1 (800) 461-4575 (Canada)
Certain features, services and applications are network
dependent and may not be available in all areas;
additional terms, conditions and/or charges may
apply. Contact your service provider for details.
All features, functionality, and other product
specifications, as well as the information contained in
this guide, are based upon the latest available
information and believed to be accurate at the time of
printing. Motorola reserves the right to change or
modify any information or specifications without notice
or obligation.
Note:
The images in this guide are examples only.
MOTOROLA and the Stylized M Logo are trademarks
or registered trademarks of Motorola Trademark
Holdings, LLC. Google, the Google logo, Google
Maps, Google Maps Navigation, Google Finance,
Androidify, Google Talk, Google Latitude, Gmail,
YouTube, Picasa, Android and Android Market are
30 Important Safety Information
trademarks of Google, Inc. All other product or service
names are the property of their respective owners.
© 2011 Motorola Mobility, Inc. All rights reserved.
WARNIN G: Motorola does not take responsibility
for changes/modification to the
transceiver.
Product ID: MOTOROLA PHOTON 4G (MB855)
Manual Number: NNTN9185A
Important Safety Information 31
Manufacturer’s Warranty
Note: In addition to the warranty provided by your
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
call Sprint Customer Service at 1-888-211-4727.
32 Manufacturer’s Warranty
www.sprint.com
or
device’s manufacturer, which is detailed on
the following pages, Sprint offers a number
of optional plans to cover your equipment
for non-warranty claims.
Equipment Protection
combined coverage of the
Equipment Replacement Program
Sprint Equipment Service and Repair
Program
, both of which are available
separately. Each of these programs may be
signed up for within 30 days of activating
your device. For more details, please visit
your nearest Sprint Store or call Sprint at
800-584-3666
.
Sprint Total
provides the
Sprint
and the
1-
Motorola Limited Warranty for the United
States and Canada
What Does this Warranty Cover?
Subject to the exclusions contained below, Motorola
Mobility, Inc. warrants its mobile telephones
(“Products”), Motorola-branded or certified accessories
sold for use with these Products (“Accessories”), and
Motorola software contained on CD-ROMs or other
tangible media and sold for use with these Products
(“Software”) to be free from defects in materials and
workmanship under normal consumer usage for the
period(s) outlined below. This limited warranty is a
consumer's exclusive remedy, and applies as follows
to new Motorola Products, Accessories, and Software
purchased by consumers in the United States or
Canada, which are accompanied by this written
warranty:
Manufacturer’s Warranty 33
Products and Accessories
Products Covered Length of Coverage
Products and
Accessories
defined above, unless
otherwise provided for
below.
Decorative
Accessories and
Cases.
covers, bezels,
PhoneWrap™ covers
and cases.
as
Decorative
One (1) year
date of purchase by the
first consumer purchaser
of the product unless
otherwise provided for
below.
Limited lifetime warranty
for the lifetime of
ownership by the first
consumer purchaser of
the product.
from the
Products Covered Length of Coverage
Monaural Headsets.
Ear buds and boom
headsets that transmit
mono sound through a
wired connection.
Products and
Accessories that are
Repaired or Replaced.
Limited lifetime warranty
for the lifetime of
ownership by the first
consumer purchaser of
the product.
The balance of the
original warranty or for
ninety (90) days
date returned to the
consumer, whichever is
from the
longer.
Exclusions (Products and Accessories)
Normal Wear and Tear.
and replacement of parts due to normal wear and tear
are excluded from coverage.
Periodic maintenance, repair
Batteries.
falls below 80% of their rated capacity and batteries
that leak are covered by this limited warranty.
Abuse & Misuse .
(a) improper operation, storage, misuse or abuse,
accident or neglect, such as physical damage (cracks,
scratches, etc.) to the surface of the product resulting
from misuse; (b) contact with liquid, water, rain,
extreme humidity or heavy perspiration, sand, dirt or
the like, extreme heat, or food; (c) use of the Products
or Accessories for commercial purposes or subjecting
the Product or Accessory to abnormal usage or
conditions; or (d) other acts which are not the fault of
Motorola, are excluded from coverage.
Use of Non-Motorola Products and Accessories.
Defects or damage that result from the use of nonMotorola branded or certified Products, Accessories,
Software or other peripheral equipment are excluded
from coverage.
34 Manufacturer’s Warranty
Only batteries whose fully charged capacity
Defects or damage that result from:
Unauthorized Service or Modific ation.
damages resulting from service, testing, adjustment,
installation, maintenance, alteration, or modification in
any way by someone other than Motorola, or its
authorized service centers, are excluded from
coverage.
Altered Products.
(a) serial numbers or date tags that have been
removed, altered or obliterated; (b) broken seals or
that show evidence of tampering; (c) mismatched
board serial numbers; or (d) nonconforming or nonMotorola housings, or parts, are excluded from
coverage.
Communication Services.
failure of Products, Accessories or Software due to any
communication service or signal you may subscribe
to or use with the Products Accessories or Software is
excluded from coverage.
Products or Accessories with
Defects, damages, or the
Defects or
Manufacturer’s Warranty 35
Software
Products Covered Length of Coverage
Applies only
Software.
to physical defects in
the media that
embodies the copy of
the software (e.g.
CD-ROM, or floppy
disk).
Ninety (90) days
date of purchase.
from the
Exclusions (Software)
Software Embodied in Physical Media.
made that the software will meet your requirements or
will work in combination with any hardware or software
applications provided by third parties, that the
operation of the software products will be
uninterrupted or error free, or that all defects in the
software products will be corrected.
No warranty is
Software NOT Embodied in Physical Media.
that is not embodied in physical media (e.g. software
that is downloaded from the Internet), is provided “as
is” and without warranty.
Who is Covered?
This warranty extends only to the first consumer
purchaser, and is not transferable.
What Will Motorola Do?
Motorola, at its option, will at no charge repair, replace
or refund the purchase price of any Products,
Accessories or Software that does not conform to this
warranty. We may use functionally equivalent
reconditioned/refurbished/pre-owned or new
Products, Accessories or parts. No data, software or
applications added to your Product, Accessory or
Software, including but not limited to personal
contacts, games and ringer tones, will be reinstalled.
36 Manufacturer’s Warranty
Software
To avoid losing such data, software, and applications,
please create a back up prior to requesting service.
How to Obtain Warranty Service or Other
Information
USA
Canada
TTY
You will receive instructions on how to ship the
Products, Accessories or Software, at your expense, to
a Motorola Authorized Repair Center. To obtain
service, you must include: (a) a copy of your receipt,
bill of sale or other comparable proof of purchase;
(b) a written description of the problem; (c) the name
of your service provider, if applicable; (d) the name
and location of the installation facility (if applicable)
1-800-734-5870
1-800-461-4575
1-888-390-6456
and, most importantly; (e) your address and telephone
number.
What Other Limitations are There?
ANY IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, SHALL BE LIMITED TO THE
DURATION OF THIS LIMITED WARRANTY,
OTHERWISE THE REPAIR, REPLACEMENT, OR
REFUND AS PROVIDED UNDER THIS EXPRESS
LIMITED WARRANTY IS THE EXCLUSIVE REMEDY
OF THE CONSUMER, AND IS PROVIDED IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IN
NO EVENT SHALL MOTOROLA BE LIABLE,
WHETHER IN CONTRACT OR TORT (INCLUDING
NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE
PURCHASE PRICE OF THE PRODUCT, ACCESSORY
OR SOFTWARE, OR FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL
Manufacturer’s Warranty 37
DAMAGES OF ANY KIND, OR LOSS OF REVENUE
OR PROFITS, LOSS OF BUSINESS, LOSS OF
INFORMATION OR DATA, SOFTWARE OR
APPLICATIONS OR OTHER FINANCIAL LOSS
ARISING OUT OF OR IN CONNECTION WITH THE
ABILITY OR INABILITY TO USE THE PRODUCTS,
ACCESSORIES OR SOFTWARE TO THE FULL
EXTENT THESE DAMAGES MAY BE DISCLAIMED BY
LAW.
Some states and jurisdictions do no t allow the
limitation or exclusion of incidental or consequential
damages, or limitation on the length of an implied
warranty, so the above limitations or exclusions may
not apply to you. This warranty gives you specific legal
rights, and you may also have other rights that vary
from state to state or from one jurisdiction to another.
aircard, mobile broadband device, any other device,
Sprint Service Agreement:
General Terms and
Conditions of Service
accessory or other product we sell to you or that is
active on your account with us; and (4) “Service”
means our offers, rate plans, options, wireless services
or Devices on your account with us.
Please note these terms may not be the most current
version. A current version of the terms is available on
our website or upon request.
Note: Para solicitar esta lituratura en español, por
favor contactar a
1-800-777-4681
.
Basic Definitions
In this document: (1) “we,” “us,” “our,” “Nextel,” and
“Sprint” mean Sprint Solutions, Inc. and its affiliates
doing business as Sprint, Sprint PCS, or Nextel; (2)
“you,” “your,” “customer,” and “user” mean an account
holder or user with us; (3) “Device” means any phone,
38 Sprint Service Agreement: General Terms and Conditions of Service
The Service Agreement
The Service Agreement (“Agreement”) is a contract
under which we provide and you accept our Services.
In addition to these Terms and Conditions of Service
(“Ts&Cs”), there are several parts to the Agreement,
including, but not limited to, the Subscriber Agreement
you sign or accept, the detailed plan or other
information on Services we provide or refer you to
during the sales transaction, and any confirmation
materials we may provide you.
carefully read all of the terms of the Agreement.
It is important that you
v.1-1-10
Services Covered By These
Ts&Cs & Additional Terms
These Ts&Cs apply to our standard wireless Services
and any other Service we offer you that references
these Ts&Cs. If you are a business customer, your
Agreement is exclusively governed by the Standard
Terms and Conditions for Communications Service,
the Wireless Services Product Annex, and the
applicable Product specific terms posted at
www.sprint.com/ratesandconditions
and conditions for Equipt for Business customers may
be found at
charges are listed in the Service Plans & Rates Guide
for business customers and any supplemental
materials. Additional terms will apply when you use
certain Services, typically those you can access online
(for example, picture/video Services, online forums,
etc.). Additional terms will apply to certain Devices and
applications (the terms may come from Sprint or a
http://www.sprint.com/equipt
http://
. Additional terms
. Rates and
third party) and will be provided with the Device or
prior to the use of the application, as applicable.
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 still apply to our Services).
You will be provided details on any additional terms
with your selection of any bundled Service.
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
v.1-1-10
Sprint Service Agreement: General Terms and Conditions of Service 39
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; (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
Many of the Services (for example, Device discounts)
that we offer require you to maintain certain Services
with us for a minimum term, usually 1 or 2 years
(“Term Commitment”).
(“Early Termination Fee”) for each line of Service that
you terminate early (i.e ., prior to satisfying the Term
Commitment) or for each line of Service that we
terminate early for good reason (for example, violating
the payment or other terms of the Agreement), but
such Early Termination Fee may be prorated based on
your remaining Term Commitment.
Fees are a part of our rates. Your exact Term
Commitment and Early Termination Fee may vary
based on the Services you select and will be disclosed
to you during the sales transaction.
any Term Commitment and Early Termination Fee
requirements prior to selecting Ser vices. After you
have satisfied your Term Commitment, your Services
continue on a month-to-month basis without any Early
Termination Fee, unless you agree to extend your Term
Commitment or agree to a new Term Commitment.
explained directly below, there are instances when you
You will be charged a fee
Early Termination
Carefully revi ew
As
40 Sprint Service Agreement: General Terms and Conditions of Service
v.1-1-10
will not be responsible for an Early Termination Fee for
terminating Services early.
When You Don’t Have To Pay An Early
Term in at ion Fee
You aren’t responsible for paying an Early Termination
Fee when terminating Services: (a) provided on a
month-to-month basis; (b) consistent with our
published trial period return policy; or (c) in response
to a materially adverse change 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, or yo ur terms of Service. We will
provide you notice of material changes, and 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 affected without incurring an Early
Termination Fee only if you: (a) call us within 30 days
after the effective date of the change; and (b)
specifically advise us that you wish to cancel Services
because of a material chang e to the Agreement t hat
we have made.
days of the change, an Early Termination Fee will apply
if you terminate Services before the end of any
applicable Term Commitment.
If you do not cancel Service within 30
Our Right To Suspend Or Terminate
Services
We can, without notice, suspend or terminate any
Service at any time for any reason, including, but not
v.1-1-10
Sprint Service Agreement: General Terms and Conditions of Service 41
limited to: (a) late payment; (b) exceeding an Account
Spending Limit; (c) harassing/threatening/abusing/
offending our employees or agents; (d) providing false
information; (e) interfering with our operations; (f)
using/suspicion of using Services in any manner
restricted by or inconsistent with the Agreement; (g)
breaching the Agreement or failing to follow our
Policies; (h) providing false, inaccurate, dated or
unverifiable identification or credit information, or
becoming insolvent or bankrupt; (i) modifying a
Device from its manufacturer specifications; (j) failing to
use our Services for an extended period of time; (k)
failing to maintain an active Device in connection with
the Service; or (l) if we believe the action protects our
interests, any customer’s interests or our network.
Your Right To Change Services & When
Changes Are Effective
The account holder can typically change Services
upon request. In some instances, changes may be
conditioned on payment of an Early Termination Fee
or certain other charges, or they may require a new
Term Commitment. Changes to Services are usually
effective at the start of the next full invoicing cycle. If the
changes take place sooner, your invoice may reflect
pro-rated charges for your old and new Services. We
may, but are not obligated to, provide you the
opportunity to authorize someone else to make
changes to your Services, which will include the
authority to make changes that will extend your Term
Commitment. You are responsible for any changes to
your Services made by a person you authorize and
those changes will be treated as modifications to this
Agreement.
42 Sprint Service Agreement: General Terms and Conditions of Service
v.1-1-10
Your Right To Termin ate Ser vices
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, you must also pay us an
Early Termination Fee for each line of Service that you
terminate ea rly.
Credit Checks & Credit Information
We agree to provide you Services on the condition you
have and maintain satisfactory credit according to our
standards and policies. You agree to provide
information we may request or complete any
applications 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
v.1-1-10
Sprint Service Agreement: General Terms and Conditions of Service 43
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) 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 towards an ASL. If
you have an ASL, we may suspend your Services
without prior notice if your account balance reaches
the ASL, even if your account is not past due. We may
impose or increase an ASL at any time with notice. An
ASL is for our benefit only and should not be relied on
by you to manage usage.
Deposits & Returning Deposits
We may at any time require a deposit, as a guarantee
of payment, for you to establish or maintain Service
(“Deposit”). By providing us a Deposit, you grant us a
security interest for all current or future amounts owed
to us. We may change the Deposit at any time with
notice. You can’t use a Deposit to make or delay
payments. The Deposit, the length of time we hold the
Deposit, and changes to the Deposit are determined
based on your credit history, payment history and
other factors. Unless prohibited by law, we may mix
Deposits with our other funds and it won’t earn interest
and we reserve the right to return the Deposit as a
credit on your invoice at anytime. If your Services are
terminated for any reason, we may keep and apply
your Deposit to any outstanding charges. We’ll send
any remaining portion of the Deposit to your last
known address within 90 days after your final invoice –
if it is returned to us, we will forward it on to the
44 Sprint Service Agreement: General Terms and Conditions of Service
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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, network, 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. See our Acceptable Use Policy and Visitor
Agreement, which is available on our website, for
additional restrictions on the use of our Services.
Your Device, Number & E-mail Address;
Caller ID
We don’t manufacture any Device 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 limited warranties given to you by the manufacturer
directly or that we pass through.
designed to be activated on the Sprint network and in
other coverage areas we make available to you. As
programmed, it will not accept wireless service from
another carrier. Except for any legal right you may have
to port/transfer your phone number to another carrier,
you have no and cannot gain any (for example,
through publication, use, etc.) proprietary, ownership or
other rights to any phone number, identification
number, e-mail address or other identifier 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 has a software programming lock that
protects certain of the handset’s operating parameters
against unauthorized reprogramming. If you wish to
obtain the software program lock code for your CDMA
Sprint PCS phone, please visit
211-4727 for information and eligibility requirements.
The only warranties on your Device are
Your Device is
Sprint.com
or call 1-888-
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Sprint Service Agreement: General Terms and Conditions of Service 45
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, that is considered a
request by you to us to terminate all of the Services
associated with that number.
charges billed or incurred prior to deactivation and for
any applicable Early Termination Fees.
You’re responsible for all
Coverage; Where Your Device Will Work;
Service Speeds
Our coverage maps are available at our stores and on
our website. The specific network coverage you get will
depend on the radio transmissions your Device can
pick up and Services you’ve chosen.
maps provide high level estimates of our coverage
areas when using Services outdoors under optimal
conditions. Coverage isn’t available everywhere and
Service speeds are not guaranteed. Service speeds
Our coverage
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 (network problems, network or Internet
congestion, software, signal strength, your Device,
structures, buildings, weather, geography, topography,
server speeds of the websites you access, etc.), may
result in dropped and blocked connections, slower
Service speeds, or otherwise impact the quality of
Service. Service s 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.
46 Sprint Service Agreement: General Terms and Conditions of Service
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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. Your ability to
receive roaming coverage depends on the radio
transmissions your Device can pick up and the
availability of roaming coverage. We make no guaranty
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 (including data Services, voicemail, call
waiting, etc.).
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 (third party websites, games,
ringers, etc.). We make absolutely no guarantees
about the Data Content 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 on your account. We strongly recommend you
monitor data usage by children/minors.
from third parties may also harm your Device or its
software. To protect our network, Services, or for other
reasons, we may place restrictions on accessing
Data Content
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Sprint Service Agreement: General Terms and Conditions of Service 47
certain Data Content (such as certain websites,
applications, etc.), impose separate charges, limit
throughput or the amount of data you can transfer, or
otherwise limit or terminate Services. If we provide you
storage for Data Content you have purchased, we may
delete the Data Content with notice or place
restrictions/limits on the use of storage areas. You may
not be able to make or receive voice calls while using
data Services. Data Content provided by our vendors
or third parties is subject to cancellation or termination
at any time without notice to you and you may not
receive a refund for any unused portion of the Data
Content.
Specific Terms & Restrictions On Using
Data Services
In addition to the rules for using all of our other
Services, unless we identify the Service or Device you
have selected as specifically intended for that purpose
(for example, wireless routers, Data Link, etc.), you can’t
use our data Services: (1) with server devices or host
computer applications, or other systems that drive
continuous heavy traffic or data sessions; (2) as a
substitute or backup for private lines or frame relay
connections; or (3) for any other unintended use as we
determine in our sole discretion. We reserve the right
to limit, suspend or constrain any heavy, continuous
data usage that adversely impacts our network
performance or hinders access to our network. If your
Services include web or data access, you also can’t
use your Device as a modem for computers or other
equipment, unless we identify the Service or Device
you have selected as specifically intended for that
purpose (for example, with “phone as modem” plans,
Sprint Mobile Broadband card plans, wireless router
plans, etc.).
48 Sprint Service Agreement: General Terms and Conditions of Service
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Activation & Miscellaneous Charges
Based on our Policies, we may charge activation,
prepayment, reactivation, program or other fees to
establish 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.
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
Charges
marketing materials, and in confirmation materials we
may send to you. Depending on your Services,
charges for additional services may include operator
and directory assistance, voicemail, call forwarding,
data calls, texts and web access. If you (the account
holder) allow end users to access or use your Devices,
you authorize end users to access, download and use
Services. 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 at some
point after you use the Services. Services offered on a
per-day basis end 24 hours after Service is initiated.
You may have the opportunity to purchase Services on
a subscription basis where we assess “subscription
charges” – charges that allow you access to the
Services and/or provide you a certain amount of use
of the Services for a defined period of time. Depending
on your Service, certain types of subscription charges
may be assessed automatically upon activation and
automatically assessed for subsequent subscription
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Sprint Service Agreement: General Terms and Conditions of Service 49
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.
How We Calculate Your Charges For Billing
Purposes
Regular Voice Calls:
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. 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
We round up partial minutes of
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.
Walkie-Talkie Charges:
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 walkietalkie call and ends approximately 6 seconds after
completion of a communication to which no
participant responds – subsequent walkie-talkie
communications are considered new calls.
Depending on your plan, nationwide, international or
group walkie-talkie calls may use the local walkie-talkie
Charges for walkie-talkie calls
50 Sprint Service Agreement: General Terms and Conditions of Service
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minutes in your plan and result in additional charges.
Responses to call alert transmissions are treated as
new walkie-talkie transmissions even when
responding within 6 seconds of receiving the alert.
Walkie-talkie billing methods are subject to change as
we introduce new walkie-talkie Services.
Data Usage:
data usage is measured in bytes, kilobytes,
megabytes, and gigabytes – not in minutes/time. 1024
Unless we specifically tell you otherwise,
bytes equals 1 kilobyte (“KB”), 1024 KB equals 1
megabyte (MB), and 1024 MB equals 1 gigabyte.
Bytes are rounded up to kilobytes, so you will be
charged at least 1 KB for each data usage session
(“data session”). Rounding occurs at the end of each
data session, and sometimes during a data session.
Depending on your data Services, usage may be
charged against an allowance or on a fixed price per
KB, and you may be subject to limitations on the
amount of data usage. If you are charged on a fixed
price per KB, any fractional cents will be rounded up to
the next cent. You are charged for all data directed to
your Device’s internet address, including data sessions
you did not initiate and for incomplete transfers. As
long as your Device is connected to our data network,
you may incur data charges. Examples of data you will
be charged for includes the size of a requested file or
Data Content (game, ringer, etc.), web page graphics
(logos, pictures, banners, advertisement, etc.),
additional data used in accessing, transporting and
routing the file on our network, data from partial or
interrupted downloads, re-sent data, and data
associated with unsuccessful attempts to reach
websites or use applications. These data charges are
in addition to any charges for the Data Content itself
(game, ringer, etc.). Data used and charged to you will
vary widely, even between identical actions or data
sessions. Estimates of data usage – for example, the
size of downloadable files – are not reliable predictors
of actual usage. Your bill won’t separately list the
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Sprint Service Agreement: General Terms and Conditions of Service 51
number of KB attributed to a specific action/data
session.
Your Bill
Your bill provides you notice of your charges. It reflects
monthly recurring charges (usually billed one bill cycle
in advance) and usage/transaction specific charges
(usually billed in the bill cycle in which they’re
incurred). Some usage charges, such as those that
depend on usage information from a third party, may
be billed in subsequent bill cycles and result in higher
than expected charges for that month. Bill cycles and
dates may change from time to time.
include other important notices (for example, changes
to this Agreement, to your Se rvice, legal notices, etc.).
Your paper bill may not include itemized billing detail.
More specific billing information is available online.
Paper bills with itemized detail may be subject to an
additional charge. Unless prohibited by law, other
Your bill may also
charges (for example, data Services or taxes and
surcharges) will not include itemized detail but will be
listed as total charges for a category. If you choose
internet billing, you will not receive paper bills.
Your Payments; Late Fees
Payment is due in full as stated on your bill. If we do
not receive payment in full by the date specified on
your bill, a late payment charge, which may be
charged at the highest rate permissible by law, may be
applied to the total unpaid balance. We may also
charge you any costs we pay to a collection agency to
collect unpaid balances from you. If we bill you for
amounts on behalf of a third party, payments received
are first applied to our charges. You may be charged
additional fees for certain methods of payment. We
may charge you, up to the highest amount permitted
by law, for returned checks or other payments paid by
you and denied for any reason by a financial institution.
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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.
Taxe s & Gove rn ment Fe es
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
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 certificate. Tax exemptions generally won’t
be applied retroactively.
Surcharges
You agree to pay all surcharges (“Surcharges”), which
may include, but are not limited to: Federal Universal
Service, various regulatory charges, Sprint
administrative charges, gross receipts charges, and
charges for the costs we incur in complying with
governmental programs.
and are not required by law. They are rates we choose
to collect from you and are kept by us in whole or in
part. The number and type of Surcharges may vary
depending upon the location of the billing address of
the Device and can change over time. We determine
the rate for these charges and these amounts are
subject to change as are the components used to
calculate these amounts.
any changes to Surcharges in a manner consistent
with this Agreement (see “Providing Notice To Each
Other Under The Agreement” section). However, since
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
Surcharges are not taxes
We will provide you notice of
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Sprint Service Agreement: General Terms and Conditions of Service 53
during the sales transaction and is available on our
website.
Disputing Charges - You Must Still Pay
Undisputed Charges
Any dispute to a charge on your bill must be made
within 60 days of the date of the bill that initially
contained the charge. Disputes can only be made by
calling or writing us as directed on your invoice or
elsewhere. You accept all charges not properly
disputed within the above time period – undisputed
charges must still be paid as stated on your bill.
Protecting Our Network & Services
We can take any action to: (1) protect our network, our
rights and interests, or the rights of others; or (2)
optimize or improve the overall use of our network and
Services. Some of these actions may interrupt or
prevent legitimate communications and usage – for
example, message filtering/blocking software to
prevent SPAM or viruses, limiting throughput, limiting
access to certain websites, applications or other Data
Content, prohibitions on unintended uses (for example,
use as a dedicated line, or use as a monitoring
service), etc. For additional information on what we do
to protect our customers, network, Services and
equipment, see our Acceptable Use Policy and Visitor
Agreement at our website.
Your Privacy
Our Privacy Policy is available on our website. To
review the policy, visit www.sprint.com/legal/
privacy.html. This policy may change from time to time,
so review i t w ith regul arity and care.
Call Monitoring:
and for other lawful purposes, we may monitor or
record calls between us (for example, your
To ensure the quality of our Services
54 Sprint Service Agreement: General Terms and Conditions of Service
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conversations with our customer service or sales
departments).
Authentication and Contact:
You (the account holder)
may password protect your account information by
establishing a personal identification number (“PIN”).
You may also set a backup security question and
answer in the event you forget your PIN. You agree to
protect your PIN, passwords and other account access
credentials like your backup security question from
loss or disclosure. You further agree that Sprint may, in
our sole discretion, treat any person who presents your
credentials for account access as you or an authorized
user on the account for disclosure of information or
changes in Service. You agree that we may contact
you for Service related reasons through the contact
information you provide, through the Services or
Devices to which you subscribe or through other
available means, including text message, email, fax,
recorded message, mobile, residential or business
phone, or mail.
CPNI:
As we provide telecommunications products
and Services to you (the account holder), we develop
information about the quantity, technical configuration,
type and destination of telecommunications products
and Services you use, as well as some other
information found on your bill (“CPNI”). Under federal
law, you have the right, and we have a duty, to protect
the confidentiality of your CPNI. For example, we
implement safeguards that are designed to protect
your CPNI, including authentication procedures when
you contact us. For some accounts with a dedicated
Sprint representative, we may rely on contacting your
pre-established point of contact as the standard
authentication measure.
Third-Party Applications:
application, the application may access, collect, use, or
If you use a third-party
disclose your personal information or require Sprint to
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Sprint Service Agreement: General Terms and Conditions of Service 55
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 thirdparty applications is subject to the third party’s terms
and conditions and policies, including its privacy
policy.
Information on Devices:
sensitive or personal information. Sprint is not
responsible for any information on your Device,
including sensitive or personal information. If possible,
you should remove or otherwise safeguard any
sensitive or personal information when your Device is
out of your possession or control, including, but not
limited to, relinquishing, exchanging, returning, or
recycling your Device. By submitting your Device to us,
Your Device may contain
you agree that our employees, contractors, or vendors
may access all of the information on your Device.
Location-Based Services
Our network generally knows 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-sensitive services provided by us or a
third party. Network coverage or environmental factors
(such as structures, buildings, weather, geography,
landscape, and topography) can significantly impact
the ability to access your Device’s location information
and use of location-sensitive services.
You agree that any authorized user may access, use or
authorize Sprint or third-party location-sensitive
applications through the Services. You understand that
your use of such location-sensitive applications is
subject to the application’s terms and conditions and
56 Sprint Service Agreement: General Terms and Conditions of Service
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policies, including its privacy policy. If you activate
location-sensitive services for devices used by other
authorized users, you agree to inform the authorized
user(s) of the terms of use for location-sensitive
applications and that the Device may be located. For
additional information on location-sensitive services,
see our Privacy Policy at our website.
911 Or Other Emergency Calls
Public Safety Officials advise that when making 911 or
other emergency calls, you should always be
prepared to provide your location information.
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
Unlike
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 IVR 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
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Sprint Service Agreement: General Terms and Conditions of Service 57
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 Early Termination Fees if you choose to
terminate Services as a result of loss or theft of your
Device.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
(TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED
WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE CONCERNING YOUR SERVICES
(INCLUDING YOUR DEVICE). WE DON’T PROMISE
UNINTERRUPTED OR ERROR-FREE SERVICES AND
DON’T AUTHORIZE ANYONE TO MAKE
WARRANTIES ON OUR BEHALF.
You Agree We Are Not Responsible For
Certain Problems
You agree that neither we nor our vendors, suppliers
or licensors are responsible for any damages resulting
from: (a) anything done or not done by someone else;
(b) providing or failing to provide Services, including,
but not limited to, deficiencies or problems with a
Device or network coverage (for example, dropped,
blocked, interrupted Services, etc.); (c) traffic or other
accidents, or any health-related claims relating to our
Services; (d) Data Content or information accessed
while using our Services; (e) an interruption or failure in
accessing or attempting to access emergency
services from a Device, including through 911,
Enhanced 911 or otherwise; (f) interrupted, failed, or
inaccurate location information services, (g)
58 Sprint Service Agreement: General Terms and Conditions of Service
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information or communication that is blocked by a
spam filter, (h) damage to your Device or any
computer or equipment connected to your Device, or
damage to or loss of any information stored on your
Device, computer, equipment, or Sprint storage space
from your use of the Services or from viruses, worms,
or downloads of malicious content, materials, data, text,
images, video or audio; or (i) things beyond our
control, including acts of God (for example, weatherrelated phenomena, fire, earthquake, hurricane, etc.),
riot, strike, war, terrorism or government orders or acts.
You should implement appropriate safeguards to
secure your Device, computer or equipment and to
back-up your information stored on each.
You Agree Our Liability Is Limited - No
Consequential Damages.
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY
FOR MONETARY DAMAGES FOR ANY CLAIMS 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, PUNIT IVE 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.
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Sprint Service Agreement: General Terms and Conditions of Service 59
DISPUTE RESOLUTION
We Agree To First Contact Each Other With Any
Disputes
We each agree to first contact each other with any
disputes and provide a written description of the
problem, all relevant documents/information and
the proposed resolution. We agree to contact each
other as described in the Providing Notice to Each
Other Under The Agreement section of the Ts&Cs.
Instead Of Suing In Cou rt, We Each Agree To
Arbitrate Disputes
We each agree to finally settle all disputes (as
defined and subject to any specific exceptions
below) only by arbitration. In arbitration, there’s no
judge or jury and review is limited. However, just as
a court would, the arbitrator must honor the terms
and limitations in the Agreement and can award the
same damages and relief, including any attorney’s
fees authorized by law. The arbitrator’s decision and
award is final and binding, with some exceptions
under the Federal Arbitration Act (“FAA”), and
judgment on the award may be entered in any court
with jurisdiction. We each also agree as follows:
“Disputes” are any claims or controversies
(1)
against each other related in any way to our
Services or the Agreement, including, but not limited
to, coverage, Devices, privacy, or advertising, even if
it arises after Service s have terminated
includes claims you bring against our employees,
agents, affiliates or other representatives, or that we
– this
bring against you.
(2) If either of us wants to arbitrate a dispute, we
agree to send written notice to the other providing a
description of the dispute, previous efforts to resolve
the dispute, all supporting documents/information,
and the proposed resolution. Notice to you will be
sent as described in the Providing Notice to Each
60 Sprint Service Agreement: General Terms and Conditions of Service
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Other Under The Agreement section of the Ts&Cs
and notice to us will be sent to: General Counsel;
Arbitration Office; 2001 Edmund Halley Drive
VARESP0513-502; Reston, Virginia 20191. We agree
to make attempts to resolve the dispute. If we cannot
resolve the dispute within forty-five (45) days of
receipt of the notice to arbitrate, then we may submit
the dispute to formal arbitration.
(3) The FAA applies to this Agreement and
arbitration provision. We each agree the FAA’s
provisions, not state law, govern all questions of
whether a dispute is subject to arbitration.
(4) Unless we each 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 Device. We will agree on the
arbitrator, and if we cannot agree, then the arbitrator
will be appointed by the court as provided by the
FAA.
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Sprint Service Agreement: General Terms and Conditions of Service 61
(5) The arbitration will be governed by the arbitration
rules selected by the Arbitrator. The federal or state
law that applies to the Agreement will also apply
during the arbitration.
We each agree not to pursue arbitration on a
(6)
classwide basis. We each agree that any arbitration
will be solely between you and us (not brought on
behalf of or together with another individual’s claim).
If for any reason any court or arbitrator holds that
this restriction is unconscionable or unenforceable,
then our agreement to arbitrate doesn’t apply and
the dispute must be brought in court.
(7) We each are responsible for our respective costs
relating to counsel, experts, and witnesses, as well
as any other costs relating to the arbitration.
However, we will cover any arbitration administrative
or filing fees above: (a) $25 if you are seeking less
than $1,000 from us; or (b) the equivalent court filing
fees for a court action in the appropriate jurisdiction
if you are seeking $1,000 or more from us.
Exceptions To Our Agreement To
Arbitrate Disputes
Either of us may bring qualifying claims in small
claims court. In addition, this arbitration provision
does not prevent you from filing your dispute with
any federal, state or local government agency that
can, if the law allows, seek relief against us on your
behalf.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH
WAIVE ANY RIGHT TO PURSUE DISPUTES ON A
CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A
CLAIM WITH THE CLAIM OF ANY OTHER PERSON
OR ENTITY, OR ASSERT A CLAIM IN A
REPRESENTATIVE CAPACITY ON BEHALF OF
ANYONE ELSE IN ANY LAWSUIT, ARBITRATION
OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH
WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY
LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Indemnification
You agree to indemnify, defend and hold us harmless
from any claims arising out of 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-sensitive services (see
“Location Based 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.
62 Sprint Service Agreement: General Terms and Conditions of Service
v.1-1-10
Providing Notice To Each Other Under The
Agreement
Except as the Agreement specifically provides
otherwise, you must provide us notice by calling or
writing us as instructed on your invoice. We will provide
you notice through one or more of the following: in
your bill, correspondence to your last known billing
address, to any fax number or e-mail address you’ve
provided us, by calling you on your Device or any
other phone number you’ve provided us, by voice
message on your Device or any other phone number
you’ve provided us, or by text message on your
Device.
Other Important Terms
Subject to federal law or unless the Agreement
specifically provides otherwise, this Agreement is
governed solely by the laws of the state encompassing
the billing address of the Device, without regard to the
conflicts of law rules of that state. If either of us waives
or doesn’t enforce a requirement under this
Agreement in an instance, we don’t waive our right to
later enforce that requirement. Except as the
Agreement specifically provides otherwise, if any part
of the Agreement is held invalid or unenforceable, the
rest of this Agreement remains in full force and effect.
This Agreement isn’t for the benefit of any 3rd party
except our corporate parents, affiliates, subsidiaries,
agents, and predecessors and successors in interest.
You can’t assign the Agreement or any of your rights
or duties under it. We can assign the Agreement. 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
v.1-1-10
Sprint Service Agreement: General Terms and Conditions of Service 63
the termination of Services (including, but not limited
to, those relating to billing, payment, 911, dispute
resolution, no class action, no jury trial), survive
termination of Services.
[End Sprint Service Agreement:
General Terms and Conditions of Service]
64 Sprint Service Agreement: General Terms and Conditions of Service
v.1-1-10
Important Message From Sprint
Important Information about this de vice’s “open”
architecture.
What that means is that you are free to use it to
access the Internet as you see fit. You may go to
websites you like and you may download or use
applications or software that you choose.
Please take care to visit only trusted websites and
download applications only from trusted entities.
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 files on your device
when you visit them. Downloaded applications or
software may access, use or share information
on your device, like your contacts or your
location.
This device is an “open” device.
Important Message 65
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
www.sprint.com
at
.
©2011 Sprint. SPRINT and the logo are trademarks of Sprint.
Other marks are the property of their respective owners.
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