Samsung Galaxy Prevail Important information

Important Information
for the Galaxy

™

Prevail

LTE

IMPORTANT

Warranty Information

Samsung Limited Warranty - This product

HEALTH, SAFETY,
AND WARRANTY
INFORMATION

Important information about your phone
can be accessed in writing on the mobile
device, or at www.samsung.com.

Read this information before using your
mobile device.

is covered under the applicable Samsung
Limited Warranty. Full written terms and
detailed information about the warranty and
obtaining service are available:

+ On the device, tap Settings > About

device > Legal information > Samsung
legal > Warranty

+ Online at:

▪ English: www.samsung.com/us/Legal/

Phone_HSGuide.

▪ Spanish: www.samsung.com/us/

Legal/ Phone_HSGuide_SP.

End User License Agreement

Health and Safety Information

for Software

The End User License Agreement (EULA)
for this device is available:

+ On the device, tap Settings > About

device > Legal information > Samsung
legal > End User License Agreement

+ Online at www.samsung.com/us/Legal/

SamsungLegal-EULA2

The complete Health and Safety document
is available:

+ On the device, tap Settings > About

device > Legal information > Samsung
legal > Health and Safety

+ Online at:

▪ English: www.samsung.com/us/Legal/

Phone_HSGuide.

▪ Spanish: www.samsung.com/us/

Legal/ Phone_HSGuide_SP.

Warning! This product contains chemicals

known to the State of California to
cause cancer and reproductive
toxicity. For more information,
please call 1-800-SAMSUNG

(726-7864).

works of authorship. You may not infringe
or otherwise violate the rights secured by
the Intellectual Property. Moreover, you
agree that you will not (and will not attempt
to) modify, prepare derivative works of,
reverse engineer, decompile, disassemble,

Intellectual Property

All Intellectual Property, as defined
below, owned by or which is otherwise
the property of Samsung or its respective
suppliers relating to the SAMSUNG Phone,
including but not limited to, accessories,
parts, or software relating thereto (the
“Phone System”), is proprietary to Samsung
and protected under federal laws, state
laws, and international treaty provisions.
Intellectual Property includes, but is
not limited to, inventions (patentable or
unpatentable), patents, trade secrets,
copyrights, software, computer programs,
and related documentation and other

or otherwise attempt to create source code
from the software. No title to or ownership
in the Intellectual Property is transferred to
you. All applicable rights of the Intellectual
Property shall remain with SAMSUNG and
its suppliers.

Open Source Software

Some software components of this product
incorporate source code covered under
GNU General Public License (GPL), GNU
Lesser General Public License (LGPL),
OpenSSL License, BSD License and other
open source licenses. To obtain the source

code covered under the open source

THE COMPONENTS CONTAINED THEREIN;

licenses, please visit:

http://opensource.samsung.com.

Disclaimer of Warranties; Exclusion
of Liability

EXCEPT AS SET FORTH IN THE EXPRESS
WARRANTY CONTAINED ON THE
WARRANTY PAGE ENCLOSED WITH THE
PRODUCT, THE PURCHASER TAKES THE
PRODUCT “AS IS”, AND SAMSUNG MAKES
NO EXPRESS OR IMPLIED WARRANTY OF
ANY KIND WHATSOEVER WITH RESPECT
TO THE PRODUCT, INCLUDING BUT NOT
LIMITED TO THE MERCHANTABILITY
OF THE PRODUCT OR ITS FITNESS
FOR ANY PARTICULAR PURPOSE
OR USE; THE DESIGN, CONDITION

OR COMPLIANCE OF THE PRODUCT
WITH THE REQUIREMENTS OF ANY LAW,
RULE, SPECIFICATION OR CONTRACT
PERTAINING THERETO. NOTHING
CONTAINED IN THE INSTRUCTION MANUAL
SHALL BE CONSTRUED TO CREATE
AN EXPRESS OR IMPLIED WARRANTY
OF ANY KIND WHATSOEVER WITH
RESPECT TO THE PRODUCT. IN ADDITION,
SAMSUNG SHALL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND RESULTING
FROM THE PURCHASE OR USE OF
THE PRODUCT OR ARISING FROM THE
BREACH OF THE EXPRESS WARRANTY,
INCLUDING INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR LOSS OF
ANTICIPATED PROFITS OR BENEFITS.

OR QUALITY OF THE PRODUCT; THE
PERFORMANCE OF THE PRODUCT; THE
WORKMANSHIP OF THE PRODUCT OR

Modification of Software

SAMSUNG IS NOT LIABLE FOR
PERFORMANCE ISSUES OR
INCOMPATIBILITIES CAUSED BY YOUR
EDITING OF REGISTRY SETTINGS, OR
YOUR MODIFICATION OF OPERATING
SYSTEM SOFTWARE.

USING CUSTOM OPERATING SYSTEM
SOFTWARE MAY CAUSE YOUR DEVICE AND
APPLICATIONS TO WORK IMPROPERLY.
YOUR CARRIER MAY NOT PERMIT USERS
TO DOWNLOAD CERTAIN SOFTWARE,
SUCH AS CUSTOM OS.

SAFE™ (Samsung For Enterprise)

SAFE™: “SAFE™” (Samsung For Enterprise)
is a mark for a Samsung device which
has been tested against Samsung’s own
internal criteria for interoperability with
certain third party security-related solutions
for MDM and VPN. The testing includes field

testing with local network connection and
menu tree testing which tests functionality
of the solutions in conjunction with the
Samsung device. During the testing, the
device is tested with the security solutions
to see if the solutions work with the device
as described by the third party security
solution providers. The testing, for example,
includes field testing with local network
connection and menu tree testing which
tests functionality of the solutions in
conjunction with the Samsung device. For
more information about Samsung’s SAFE™
program, please refer to
www.samsung.com/us/safe.

Disclaimer of Warranties: EXCEPT
AS OTHERWISE PROVIDED IN THEIR
STANDARD END USER LICENSE AND
WARRANTY, TO THE FULL EXTENT
PERMITTED BY LAW SAMSUNG
ELECTRONICS CO., LTD., SAMSUNG

ELECTRONICS AMERICA, INC., AND

affected by features or functionality
THEIR AFFILIATES (COLLECTIVELY
REFERRED TO HEREIN AS THE “SAMSUNG
ENTITIES”) EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, INTEROPERABILITY
OR NON-INFRINGEMENT, WITH RESPECT
TO INFORMATION TECHNOLOGY SECURITY
PROTECTION, SAFE™ DEVICES AND
APPLICATIONS TESTED WITH SAFE™
DEVICES. IN NO EVENT SHALL THE
SAMSUNG ENTITIES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER WITH RESPECT TO

associated with, among other things the

e-mail platform, master data management,

and virtual private network solutions

selected by the software provider, solution

provider or user. Choice of an e-mail, master

data management, and virtual private

network solution is at the sole discretion

of the software provider, solution provider

or user and any associated effect on

information technology security protection

is solely the responsibility of the software

provider, solution provider or user. For

complete statement of limited warranty,

please refer to www.samsung.com/us/safe,

available on the web and where Samsung

smartphones and mobile devices are sold.
INFORMATION TECHNOLOGY SECURITY
PROTECTION, SAFE™ DEVICES OR
APPLICATIONS TESTED WITH SAFE™
DEVICES. In addition, information
technology security protection will be

[010115]

Samsung Electronics America (SEA),
Inc

Address:

This section outlines the safety precautions
associated with using your phone. The
terms “mobile device” or “cell phone” are
used in this section to refer to your phone.

85 Challenger Road
Ridgefield Park, New Jersey 07660
Phone: 1-800-SAMSUNG (726-7864)
Internet Address:

www.samsung.com

©2015 Samsung Electronics America, Inc.
Samsung is a registered trademark of
Samsung Electronics Co., Ltd.

Do you have questions about your Samsung
Mobile Device?

For 24 hour information and assistance, we
offer a new FAQ/ARS System (Automated
Response System) at:

www.samsung.com/us/support

Read this information before using your
mobile device.

Specific Absorption Rate (SAR)
Certification Information

Your wireless device is a radio transmitter
and receiver. It is designed and
manufactured not to exceed the exposure
limits for Radio Frequency (RF) energy
set by the Federal Communications
Commission (FCC) of the U.S. Government.

These FCC RF exposure limits are derived
from the recommendations of two expert
organizations: the National Council on
Radiation Protection and Measurement
(NCRP) and the Institute of Electrical and
Electronics Engineers (IEEE). In both cases,

the recommendations were developed by

with the phone transmitting at its highest
scientific and engineering experts drawn
from industry, government, and academia
after extensive reviews of the scientific
literature related to the biological effects of
RF energy.

The RF exposure limit set by the FCC for
wireless mobile phones employs a unit
of measurement known as the Specific
Absorption Rate (SAR). The SAR is a
measure of the rate of absorption of RF
energy by the human body expressed in
units of watts per kilogram (W/kg). The
FCC requires wireless phones to comply
with a safety limit of 1.6 watts per
kilogram (1.6 W/kg).

The FCC SAR limit incorporates a
substantial margin of safety to give
additional protection to the public and to
account for any variations in measurements.

SAR tests are conducted using standard
operating positions accepted by the FCC

certified power level in all tested frequency

bands. Although the SAR is determined at

the highest certified power level, the actual

SAR level of the phone while operating can

be well below the maximum reported value.

This is because the phone is designed to

operate at multiple power levels so as to

use only the power required to reach the

network. In general, the closer you are to a

wireless base station antenna, the lower the

power output of the device.

Before a new model device is available for

sale to the public, it must be tested and

certified to the FCC that it does not exceed

the SAR limit established by the FCC. Tests

for each model phone are performed in

positions and locations (e.g. at the ear and

worn on the body) as required by the FCC.

For body-worn operation, this device has

been tested and meets FCC RF exposure

guidelines when used with an accessory

that contains no metal and that positions

SAR information on this and other model
the mobile device a minimum of 1.5 cm
from the body. Use of other accessories
may not ensure compliance with FCC
RF exposure guidelines. The FCC has
granted an Equipment Authorization for this
mobile device with all reported SAR levels
evaluated as in compliance with the FCC RF
exposure guidelines.

The maximum SAR values for this model
phone as reported to the FCC are:

Simultaneous Transmission Head:

1.17 W/Kg
Simultaneous Transmission Body-worn:

1.18 W/Kg
The SAR information for this device can also

devices can be accessed online on the

FCC’s website through http://transition.

fcc.gov/oet/rfsafety/sar.html. To find

information that pertains to a particular

model, this site uses the device FCC ID

number which is usually printed somewhere

on the case of the device. Sometimes it may

be necessary to remove the battery pack

to find the number. Once you have the FCC

ID number for a particular device, follow the

instructions on the website and it should

provide values for typical or maximum

SAR for a particular phone. Additional SAR

information can also be obtained at

www.fcc.gov/encyclopedia/specific-

absorption-rate-sar-cellular-telephones

be found on Samsung’s website:

www.samsung.com/sar

Commercial Mobile Alerting System

GPS & AGPS

This device is designed to receive wireless
emergency alerts from the CMAS; also
known as Personal Localized Alerting
Network (“PLAN”) alerts. If your wireless
provider has chosen to participate in
CMAS/PLAN, alerts may be available while
in the provider’s coverage area. If you
travel outside your provider’s coverage
area, alerts may not be available. For more
information, please contact your
wireless provider.

Certain Samsung mobile devices can use a
Global Positioning System (GPS) signal for
location-based applications. A 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 2008 Federal
Radio navigation Plan (FRP). Changes may
affect the performance of location-based
technology on your mobile device.

Certain Samsung mobile devices can
also use an Assisted Global Positioning
System (AGPS), which obtains information
from the cellular network to improve GPS
performance. AGPS uses your wireless
service 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

the emergency responders your
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. Additionally, if
you use applications that require location­based information (e.g. driving directions),
such applications transmit location-based
information. The location-based information
may be shared with third-parties, including
your wireless service provider, applications
providers, Samsung, and other third-parties
providing services.

Use of AGPS in Emergency Calls

When you make an emergency call,
the cellular network may activate AGPS
technology in your mobile device to tell

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 mobile device for as

long as the emergency responder
instructs you.

Navigation

Maps, directions, and other navigation-

data, including data relating to your

current location, may contain inaccurate

or incomplete data, and circumstances

can and do change over time. In some

areas, complete information may not be

available. Therefore, you should always

visually confirm that the navigational

instructions are consistent with what you

see before following them. All users should

switched on and in a service area with

pay attention to road conditions, closures,
traffic, and all other factors that may
impact safe driving or walking. Always
obey posted road signs.

Emergency Calls

This mobile device, like any wireless mobile
device, operates using radio signals,
wireless and landline networks, as well as
user-programmed functions, which cannot
guarantee connection in all conditions,
areas, or circumstances.

Therefore, you should never rely solely on
any wireless mobile device for essential
communications (medical emergencies,
for example). Before traveling in remote or
underdeveloped areas, plan an alternate
method of contacting emergency services

adequate signal strength.
Emergency calls may not be possible on all

wireless mobile device networks or when
certain network services and/or mobile
device features are in use. Check with
local service providers. If certain features
are in use (call blocking, for example), you
may first need to deactivate those features
before you can make an emergency call.
Consult your User Manual and your local
cellular service provider. When making
an emergency call, remember to give all
the necessary information as accurately
as possible. Remember that your
mobile device may be the only means of
communication at the scene of an accident;
do not cut off the call until given permission
to do so.

personnel. Remember, to make or receive
any calls, the mobile device must be

1. If the mobile device is not on, switch

may detect a buzzing, humming, or whining

it on.

2. Open your phone dialer.

3. Enter the emergency number for your

present location (for example 911 or
other official emergency number),
then tap Call/Send. Emergency
numbers vary by location.

FCC Hearing Aid Compatability (HAC)
Regulations for Wireless Devices

The U.S. Federal Communications
Commission (FCC) has established
requirements for digital wireless mobile
devices to be compatible with hearing aids
and other assistive hearing devices.

When individuals employing some assistive
hearing devices (hearing aids and cochlear
implants) use wireless mobile devices, they

noise. Some hearing devices are more
immune than others to this interference
noise, and mobile devices also vary in the
amount of interference they generate.

The wireless telephone industry has
developed a rating system for wireless
mobile devices to assist hearing device
users find mobile devices that may be
compatible with their hearing devices. Not
all mobile devices have been rated. Mobile
devices that are rated have the rating on
their box or a label located on the box.

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 mobile device successfully. Trying
out the mobile device with your hearing

device is the best way to evaluate it for your

Higher ratings mean that the hearing device

personal needs.
M-Ratings: Wireless mobile devices rated

M3 or M4 meet FCC requirements and
are likely to generate less interference to
hearing devices than mobile devices that
are not labeled. M4 is the better/higher of
the two ratings. M-ratings refer to enabling
acoustic coupling with hearing aids that do
not operate in telecoil mode.

T-Ratings: Mobile devices rated T3 or T4
meet FCC requirements and are likely
to generate less interference to hearing
devices than mobile devices that are not
labeled. T4 is the better/higher of the two
ratings. T-ratings refer to enabling inductive

is relatively immune to interference noise.
Under the current industry standard,

American National Standards Institute
(ANSI) C63.19, the hearing aid and wireless
mobile device rating values are added
together to indicate how usable they are
together. For example, if a hearing aid
meets the M2 level rating and the wireless
mobile device meets the M3 level rating, the
sum of the two values equals M5.

Under the standard, this should provide
the hearing aid user with normal use while
using the hearing aid with the particular
wireless mobile device. A sum of 6 or more

would indicate excellent performance.
coupling with hearing aids operating in
telecoil mode.

Hearing devices may also be rated. Your
hearing aid manufacturer or hearing health
professional may help you find this rating.

However, these are not guarantees that all

users will be satisfied. T ratings

work similarly.

5

T3 + T2 = 5

HAC for Newer Technologies

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

M3 + M2 =

The HAC rating and measurement
procedure are described in the American
National Standards Institute (ANSI)
C63.19 standard.

not been tested yet for use with
hearing aids.

It is important to try the different features
of this phone thoroughly and in different
locations, using your hearing aid or
cochlear implant, to determine if you hear
any interfering noise. Consult your service
provider or the manufacturer of this phone
for information on hearing aid compatibility.
If you have questions about return or
exchange policies, consult your service
provider or phone retailer.

Caution! Some applications or prolonged

usage may increase device
temperature. Prolonged skin
contact with a device that is hot

to the touch may produce skin
discomfort or redness, or low­temperature burns. If the device
feels hot to the touch, discontinue
use and close all applications or
turn off the device until it cools.
Always ensure that the device
has adequate ventilation and air
flow. Covering the device with
bedding, your body, thick clothing
or any other materials that
significantly affect air flow may
affect the performance of the
phone and poses a possible risk
of fire or explosion, which could
lead to serious bodily injuries or
damage to property.

Restricting Children’s Access to Your

Mobile Device

Your mobile device is not a toy. Do not allow

children to play with it because they could

hurt themselves and others, damage the

mobile device, or make calls that increase

your mobile device bill.

Keep the mobile device and all its parts and

accessories out of the reach of

small children.

GENERAL TERMS

(2) “you,” “your,” “customer,” and “user”
mean an account holder or user with us;

AND CONDITIONS OF
SERVICE

Please note that these terms may not be the
most current version. A current version of
the terms is available at boostmobile.com
or upon request. For further information
on Boost Mobile plans, products, and
services go to boostmobile.com or email

Boostmobilecustomerassistance@
boostmobile.com.

Basic Definitions

In this document: (1) “we,” “us,” “our,”
and “Boost” mean Sprint Solutions,
Inc., as contracting agent on behalf of
the applicable Sprint affiliated entities
providing the Products and Services;

(3) “Device” means any phone, aircard,
mobile broadband device, any other
device, accessory, or other product that
we provide you, we sell to you, or is active
on your account with us; and (4) “Service”
means our offers, rate or service plans,
options, wireless services, billing services,
applications, programs, products, software,
or Devices on your account with us.
“Service(s)” also includes any other product
or service that we offer or provide to you
that references these General Terms and
Conditions of Service (“Ts&Cs”).

The Service Agreement

These Ts&Cs are part of your service
agreement with us (the “Agreement”)
and constitute a contract under which
we provide you Services under terms

and conditions that you accept. THIS

brochures. It is important that you carefully

AGREEMENT CONTAINS A MANDATORY
ARBITRATION PROVISION WITH A CLASS
WAIVER, A REPRESENTATIVE ACTION
WAIVER, AND A JURY WAIVER PROVISION.

In addition to these Ts&Cs, there are several
parts of the Agreement, which includes
but is not limited to the following: (i) the
subscriber agreement and transaction
materials that you receive and accept;
(ii) the plan(s) that you chose as set forth
in our written services and transaction
materials that we provide or refer you to
during the sales transaction, including
on-line and telephone transactions (if your
service plan is not specifically set forth in
any in-store brochure or printed materials,
the requirements and terms set forth in the
current written Agreement and transaction
materials apply); (iii) any confirmation
materials that we may provide to you; and
(iv) the terms set forth in the coverage map

read all of the terms of the Agreement.

Additional Terms

Additional terms will apply when you use

certain applications, programs, Devices,

and services, and these terms will be

provided to you prior to your use of the

items. Depending on who provides the

items, the terms may come from Boost or

a third party. You are subject to any terms

provided by the third party, and the terms

are directly between you and that third

party. Boost is not responsible for these

third-party items and associated terms.

Our Policies

Services are subject to our business

policies, practices, and procedures

(“Policies”). You agree to adhere to all of our

Policies when you use our Services. Our

Policies are subject to change at any time

appropriate account balance to pay for

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, for example, on
the Web by electronically marking that you
have reviewed and accepted; (b) attempt
to or in any way use the Services; (c) pay
for the Services; or (d) open any package
or start any program that says you are
accepting the Agreement when doing so.

If you don’t want to accept the Agreement,
don’t do any of these things.

pay-per-use charges and applicable
subscription charges (defined in the “Types
of Charges” section) based on the service
plan you select. To establish an account
balance, pay a subscription charge, or
make any other appropriate payments,
follow the instructions provided with the
equipment; at boostmobile.com; or through
Boost Customer Care.

Our Right To Change The Agreement &
Your Related Rights

We may change any part of the Agreement
at any time, including, but not limited to,
rates, charges, how we calculate charges,
discounts, coverage, technologies used to

Service Activation

To activate the Service, you must both
activate your account and establish an

provide services, or your terms of Service.
If you lose your eligibility for a particular
rate plan or if a particular rate plan is no
longer supported or available, we may

change your rate plan to one for which
you qualify. We will provide you notice of
material changes—and we may provide
you notice of non-material changes—in a
manner consistent with this Agreement
(see “Providing Notice To Each Other Under
The Agreement” section). If you continue to

access or use our Services or increase your
account balance on or after the effective
date of a change, you accept the change.
Do not access or use our Services after the
effective date of a change if you decide to
reject the change and terminate Service.
You will not be entitled to any credit for the
unused portion of your account balance
if you decide to terminate Service in
response to a change to the Agreement.

Our Right To Suspend Or

Terminate Services

We can, without notice, suspend or

terminate any Service at any time for any

reason. For example, we can suspend or

terminate any Service for the following: (a)

failure to have or maintain an appropriate

account balance for applicable charges; (b)

harassing/threatening/abusing/offending

our employees or agents; (c) providing false

or inaccurate information; (d) interfering

with our operations; (e) using/suspicion of

using Services in any manner restricted

by or inconsistent with the Agreement and

Policies; (f) breaching, failing to follow, or

abusing the Agreement or Policies; (g)

modifying a Device from its manufacturer

specifications (for example, rooting the

device); or (h) if we believe the action

protects our interests, any customer’s

interests, or our networks.

Your Right To Change Services &
When Changes Are Effective

The account holder can typically change
Services upon request. In some instances,
changes may be conditioned on payment
of certain charges. The effective date of any
changes will depend on our Policies, the
old Services, and the requested Services.
We will not credit or refund any subscription
or other charges as a result of a change in
Services. We may, but are not obligated to,
provide you the opportunity to authorize

affect any of our other customers or our
reputation, networks, property, or Services;
or (b) in any way prohibited by the terms
of our Services, the Agreement, or our
Policies. You cannot in any manner resell
the Services to another party. For additional
restrictions on the use of our Services, see
our Acceptable Use Policy and Visitors
Agreement, which are available on our
website, and the detailed plan or other
information on Services that we provide or
refer you to during the sales transaction.

someone else to make changes to your
Services. You are responsible for any
changes to your Services made by a person
you authorize, and those changes will be
treated as modifications to this Agreement.

Restrictions On Using Services

You can’t use our Services: (a) in a way
that could cause damage or adversely

Your Device, Number, &
Email Address

We don’t manufacture any Device that we
might sell to you or that is associated with
our Services, and we aren’t responsible
for any defects, acts, or omissions of the
manufacturer. The only warranties on your

Device are the limited warranties given to

you by the manufacturer directly or that we
pass through. Device performance may
vary based on device specifications (for
example, a device’s software, memory,
and storage), and device performance
may impact access to all of our Services.

This Device is sold exclusively for use with
our Service and in other coverage areas
that we may make available to you. As
programmed, it will not accept wireless
service from another carrier. Except for any
legal right you may have to port/transfer

Porting/Transferring

Phone Numbers

We don’t guarantee that number transfers

to or from us will be successful. If you

authorize another carrier to transfer

a number away from us, then that is

considered a request by you to us to

terminate all of the Services associated

with that number.

Coverage; Where Your Device Will

your phone number to another carrier, you
have no—and cannot gain any (for example,
through publication, use, etc.)—proprietary,
ownership, or other rights to any phone
number, identification number, email
address, or other identifier that we assign
to you, your Device, or your account. We’ll
notify you if we decide to change or
reassign them.

Work; Service Speeds

Our coverage maps are available at our

authorized retail locations or boostmobile.

com. The specific network coverage you

get will depend on the radio transmissions

your Device can pick up and Services

you’ve chosen. Our coverage maps provide

high level estimates of our coverage

areas when using Services outdoors

under optimal conditions. Coverage

on your Device’s ability to acquire satellite
isn’t available everywhere. Coverage
and Service speeds are not guaranteed.
Coverage is subject to change without
notice. Service speeds may depend on
the Service purchased. Actual speeds will
vary. Estimating wireless coverage, signal
strength, and Service speed is not an
exact science. There are gaps in coverage
within our estimated coverage areas that—
along with other factors both within and
beyond our control (for example, network
problems, network or Internet congestion,
software, signal strength, your Device,
structures, buildings, weather, geography,
topography, server speeds of the websites
you access, actions of third parties, etc.)
—may result in dropped and blocked
connections, slower Service speeds, or
otherwise impact the quality of Service.
Services that rely on location information,
such as E911 and GPS navigation, depend

signals (typically not available indoors)

and network coverage. While your Device

is receiving a software update, you may be

unable to use your Device in any manner

until the software update is complete.

Roaming

The term “roaming” typically refers to

coverage on another carrier’s network that

we may make available to you based on

our agreements with other carriers. These

agreements may change from time to time,

and roaming coverage is subject to change

without notice. Your ability to receive

roaming coverage depends on the radio

transmissions your Device can pick up and

the availability of roaming coverage. We

make no guarantee that roaming coverage

will be available. Roaming coverage may

exist both within and outside our network

coverage areas. Your Device will generally

games, ringers, applications, etc.). We
indicate when you’re roaming. Depending
on your Services, separate charges or
limits on the amount of minutes used while
roaming may apply. Certain Services may
not be available or work the same when
roaming (for example, data Services,
voicemail, call waiting, etc.). For information
on whether roaming applies, see your
service plan details.

About Data Services & Content

Our data Services and your Device may
allow you to access the Internet, text,
pictures, video, games, graphics, music,
email, applications, sound, and other
materials (“Data Content”) or send Data
Content elsewhere. Some Data Content
is available from us or our vendors, while
other Data Content can be accessed from
others (for example, third party websites,

make absolutely no guarantees about

the Data Content that you access on your

Device. Data Content may be: (1) unsuitable

for children/minors; (2) unreliable or

inaccurate; or (3) offensive, indecent, or

objectionable. You’re solely responsible

for evaluating the Data Content accessed

by you or anyone through your Services.

We strongly recommend that you monitor

data usage by children/minors. Data

Content from third parties may also harm

your Device or its software. We are not

responsible for any Data Content. We are

not responsible for any damage caused by

any Data Content that you access through

your Services, that you load on your Device,

or that you request that our representatives

access or load on your Device. To protect

our networks and Services or for other

reasons, we may place restrictions on

accessing certain Data Content (such as

certain websites, applications, etc.); impose
separate charges; limit throughput or the
amount of data that you can transfer; or
otherwise limit or terminate Services. If
we provide you storage for Data Content
that you have purchased, then we may
delete the Data Content without notice
or place restrictions/limits on the use of
storage areas. Data Content stored on a
Device, transmitted over our networks, or
stored by Boost may be deleted, modified,
or damaged. You may not be able to
make or receive voice calls while using
data Services. Data Content provided by
our vendors or third parties is subject to
cancellation or termination at any time
without notice to you, and you may not
receive a refund for any unused portion of
the Data Content.

Specific Terms & Restrictions On
Using Data Services

In addition to the rules for using all of our
other Services, unless we identify the
Service or Device that you have selected
as specifically intended for that purpose
(for example, wireless routers, Data Link,
etc.), you can’t use our data Services: (1)
with server devices or host computer
applications, or other systems that drive
continuous, heavy traffic or data sessions;
(2) as a substitute or backup for private
lines or frame relay connections; or (3) for
any other unintended use as we determine
in our sole discretion. We reserve the right
to limit, suspend, or constrain any heavy,
continuous data usage that adversely
impacts our networks’ performance or
hinders access to our networks. If your
Services include Web or data access, you
also can’t use your Device as a modem

for computers or other equipment, unless
we identify the Service or Device you have
selected as specifically intended for that
purpose (for example, with “phone as
modem” plans, mobile broadband card
plans, wireless router plans, etc.).

Fees, Activation &

Miscellaneous Charges

Based on our Policies, we may charge

activation, prepayment, reactivation,

program, or other fees to establish,

change, or maintain Services. Certain

Software License

If Boost provides you software as part of
the Service and there are not software
license terms provided with the software
(by Boost or by a third party), then Boost
grants you a limited, revocable, non­exclusive, non-transferable license to use
the software to access the Services for your
own individual use. You will not sell, resell,
transfer, copy, translate, publish, create
derivative works of, make any commercial
use of, modify, reverse engineer, decompile,
or disassemble the software. Boost may
revoke this license at any time.

transactions may also be subject to a

charge (for example, convenience payment,

changing phone numbers, handset

upgrades, etc.). You will be provided notice

of these types of fees before we complete

the requested transaction.

Usage Charges

The types of charges that you incur will vary

depending on the Service used and your

service plan. You are responsible for the

Services on your account and associated

charges, including charges made by a

person you permit to have direct or indirect

access to your device even if you did not

authorize its use. Charges may include, but

be determined based on the location of
are not limited to, prepayment for service
charges; charges for additional services;
and taxes, surcharges, and fees associated
with your Services. For the actual usage
charges applicable to your Service, see
the detailed plan or other information
we provide or refer you to during the
sales transaction or on our website.
Depending on your Services, charges for
additional services may include operator
and directory assistance, voicemail, call
forwarding, data calls, texts, and Web
access. If you (the account holder) allow
end users to access or use your Device, you
authorize end users to access, download,
and use Services. You will generally be

the network equipment providing service

and not the location of your Device or your

Device’s area code (if applicable). Charges

are generally deducted from your account

balance (for example, pay-per-use charges,

subscription charges, etc.), though in

some instances you may be able to pay

for certain Services through a credit card,

debit card, or other payment method. If you

have incurred charges or fees that were

not charged prior to your account balance

reaching a zero balance, we may deduct

these outstanding, unpaid charges and

fees from any subsequent amounts you add

to your account balance.

charged for use of Services before or at the
time of use in accordance with your service
plan. In certain instances, we may charge at
some point after you use the Service. Rates
that vary based on the time of access will

Types of Charges

We typically assess the following types

of charges: (1) “pay-per-use charges,”

which are charges assessed each time a

Service is used; (2) “subscription charges,”

Time starts when you press “Talk” or
which are charges that allow you access
to a Service or provide you a certain
amount of use of a Service for a defined
period of time. Subscription charges for
Services end at 11:59 p.m., in the time zone
in which your phone number is based, on
the last day of your subscription period.
Also, depending on your Service, certain
types of subscription charges may be
assessed automatically upon activation
and automatically assessed for subsequent
subscription periods; and (3) “download
charges,” which are charges assessed
when you download or access content,
which we collect on behalf of ourselves or
third-party content providers.

your Device connects to the network

and stops when you press “End” or the

network connection otherwise breaks.

You’re charged for all calls that connect,

even to answering machines, voicemail, or

voice transcription services. You won’t be

charged for unanswered calls or if you get

a busy signal. For incoming calls answered,

you’re charged from the time shortly before

the Device starts ringing until you press

“End” or the network connection otherwise

breaks. You’re charged for the entire call

based on the rate that applies to the time

period in which the call starts. However, the

types of charges actually deducted from

your account balance will vary depending

How We Calculate Your Charges

Regular Voice Calls: We round up partial

minutes of use to the next full minute.

on your Service. Call time data displayed on

your Device may be inaccurate and may not

be relied upon for determining charges to

your account. Call time for a single call may

be limited. If the call exceeds the limit, then

next cent. You are charged for all data

it may be automatically terminated.
Data Usage: Depending on your Service,

you may be charged for data usage. Unless
we specifically tell you otherwise, data
usage is measured in bytes, kilobytes,
megabytes, and gigabytes—not in minutes/
time. 1024 bytes equals 1 kilobyte (“KB”),
1024 KB equals 1 megabyte, and 1024
megabytes equals 1 gigabyte. Bytes are
rounded up to KB, so you will be charged
at least 1 KB for each data usage session
(“data session”). Rounding occurs at the
end of each data session and sometimes
during a data session. Depending on your
data Services, usage may be charged
against an 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

directed to your Device’s Internet address,
including data sessions you did not initiate
and for incomplete transfers. As long
as your Device is connected to our data
networks, you may incur data charges.
Examples of data for which you will be
charged includes the size of a requested
file or Data Content (game, ringer, etc.);
Web page graphics (logos, pictures,
banners, advertisement, etc.); additional
data used in accessing, transporting,
and routing the file on our network; data
from partial or interrupted downloads;
re-sent data; and data associated with
unsuccessful attempts to reach websites
or use applications. These data charges
are in addition to any charges for the Data
Content itself (game, ringer, etc.). Data used
and charged to you will vary widely, even
between identical actions or data sessions.
Estimates of data usage—for example, the

size of downloadable files—are not reliable

certain costs, and are kept by us. The

predictors of actual usage.

Taxes & Government Fees

You agree to pay all federal, state, and local
taxes, fees, and other assessments that
we’re required by law to collect and remit
to the government on the Services that we
provide to you. These charges may change
from time to time without advance notice.

Surcharges

You agree to pay all Boost surcharges
(“Surcharges”), which may include, but are
not limited to: Federal Universal Service;
Regulatory and Administrative charges;
gross receipts charges, and other charges.

Surcharges are not taxes, and we are
not required by law to assess them. They
are part of our rates we choose, at our
discretion, to collect from you to recover

number and type of Surcharges will be

provided and may vary depending upon

the location of the transaction or the

primary account address of the payment

method or Device and can change over

time. We determine the amount for these

charges, and these amounts are subject

to change as are the components used to

calculate these amounts. We will provide

you notice of any changes to Surcharges in

a manner consistent with this Agreement

(see “Providing Notice To Each Other

Under The Agreement” section). However,

because some Surcharges are based on

amounts set by the government or based

on government formulas, it will not always

be possible to provide advance notice of

new Surcharges or changes in the amount

of existing Surcharges. Information on

Surcharges is provided during the sales

transaction and is available on our website.

Disputing Charges

Any dispute to a charge that we assess you
must be made in writing within 60 days of
the date we deduct the charge from your
account balance. You accept all charges
not properly disputed within the above
time period.

service plan. Positive account balances
are forfeited if they are not used within the
effective period specified in your service
plan (if you properly replenish your account
balance during the effective period, the
effective period restarts). If you do not use
your account balance during the effective
period, your account balance will expire

About Account Balances

To keep your account active and avoid
service interruptions, you must either
maintain a positive account balance at all
times or pay any applicable subscription
charges (depending on your service plan).
Account balances are not transferable,
redeemable for cash, or refundable;
that is, once you make payment on your
account, you are provided a credit on
your account that can only be used to
pay for our Services during the effective
period, which varies depending on your

and you will not be entitled to a refund
or service credit. Your Service will be
interrupted if you fail to maintain a positive
account balance or timely pay applicable
subscription charges for each effective
period. When this service interruption
occurs, you will be given a period of time
(which varies depending on your service
plan) to make any appropriate payments
on your account. If you do not make such
payments within this time period, your
account will be cancelled. If your account is
cancelled, you will lose any phone number,
identification number, or email address

associated with your account. Reactivation

No Refunds of Re-Boost and Monthly

fees will apply if you choose to restart
Service after cancellation. There may be
limits over which your account balance
may not exceed. See the detailed plan or
other information we provide or refer you to
during the sales transaction (also available
at boostmobile.com) for the account status
rules that apply to your Service.

Switching between Service Plans: Unless
otherwise provided in the detailed plan or
other information we provide or refer you
to during the sales transaction, you may
switch to any current service plan. If you
switch service plans, you may not receive a
refund of any portion of any previously paid
service charges and you may lose all of

Charges: We are not responsible for,

nor do we refund, lost, stolen, misused,

or damaged Re-Boost cards. We do not

accept returns of or provide refunds for

Re-Boost cards. Please ask your retailer

any questions regarding its return policy.

Re-Boost cards must be applied to your

account within the time specified on the

card. All Re-Boost sales are final and non-

refundable regardless of who uses or

possesses your mobile phone or Device

after you purchase services, and regardless

of whether the mobile phone or Device is

used with your consent or knowledge.

Establishing or Replenishing

your remaining unused minutes, messages,
and data allotment. Some service plans are
available only on certain phones. Check

boostmobile.com for details and options.

Account Balances

Information on how you can establish

and maintain an account balance will

be provided at activation and is also

available at boostmobile.com or through
Boost Customer Care. The replenishment
methods available to you will depend on
the terms of your Services. A fee may apply
to certain replenishment methods. Some
service plans may provide for automatic
account balance replenishment through,
for example, automatic billing to a credit
card or debit card or automatic debit
from an eligible account with a financial
institution. Payment through these methods
may be subject to limitations, including,
but not limited to, the number of times an
account may be debited or charged in a
particular time period; the amount that may
be debited or charged from an account;
or other limitations imposed by us or the
financial institution that holds the account.

Protecting Our Networks & Services

We can take any action to: (1) protect
our networks, our rights and interests,
or the rights of others; or (2) optimize or
improve the overall use of our networks
and Services. Some of these actions
may interrupt or prevent legitimate
communications and usage—for example,
message filtering/blocking software
to prevent spam or viruses; limiting
throughput; limiting access to certain
websites, applications or other Data
Content; prohibitions on unintended uses
(for example, use as a dedicated line or use
as a monitoring service); etc. For additional
information on what we do to protect
our customers, networks, Services and
equipment, see our Acceptable Use Policy
and Visitors Agreement at our website.

Your Privacy

Our Privacy Policy is available at
boostmobile.com/privacy. This policy may
change from time to time, so review it with
regularity and care.

Call Monitoring: To ensure the quality of
our Services and for other lawful purposes,
we may monitor or record calls you make
to us or we make to you (for example, your
conversations with our customer service or
sales departments).

Authentication and Contact: You (the
account holder) may password protect
your account information by establishing a
personal identification number (“PIN”). You
may also set a backup security question
and answer in the event you forget your PIN.
You agree to protect your PIN, passwords,
and other account access credentials
like your backup security question from
loss or disclosure. You further agree that

Boost may, in our sole discretion, treat any

person who presents your credentials that

we deem sufficient for account access as

you or an authorized user on the account

for disclosure of information or changes

in Service. You agree that we may contact

you for Service-related reasons through

the contact information that you provide,

through the Services or Devices to which

you subscribe, or through other available

means, including text message, email, fax,

recorded message, mobile, residential or

business phone, or mail.

CPNI: As we provide telecommunications

products and Services to you (the account

holder), we develop information about

the quantity, technical configuration,

type, location, and destination of

telecommunications products and Services

you use, as well as some other information

found on your bill (“CPNI”). Under federal

law, you have the right, and we have a duty,

use of the Services or the application(s).
to protect the confidentiality of your CPNI.
For example, we implement safeguards
that are designed to protect your CPNI,
including authentication procedures when
you contact us. For some accounts with a
dedicated Boost representative, we may
rely on contacting your pre-established
point of contact as the standard
authentication measure.

Third-Party Applications: If you use a
third-party application, the application
may access, collect, use, or disclose your
personal information or require Boost
to disclose your information—including
location information (when applicable)—to
the application provider or some other

You understand that your use of third-

party applications is subject to the third

party’s terms and conditions and policies,

including its privacy policy. Be sure that you

have reviewed and are comfortable with

the third party’s policies before using its

application on your device.

Information on Devices: Your Device may

contain sensitive or personal information

(for example, pictures, videos, passwords,

or stored credit card numbers). Boost is

not responsible for any information on your

Device, including sensitive or personal

information. If possible, you should remove

or otherwise safeguard any sensitive or

personal information when your Device
third party. If you access, use, or authorize
third-party applications through the
Services, you agree and authorize Boost
to provide information related to your

is out of your possession or control, for

example, when you relinquish, exchange,

return, or recycle your Device. By submitting

your Device to us, you agree that our

employees, contractors, or vendors may

your Device’s location information and use
access all of the information on your Device.
If you exchange, return, or recycle your
Device through us, we typically attempt to
erase all data on your Device, but you must
remove all data from your Device before
you provide it to us.

Location-Enabled Services

Our networks generally know the location
of your Device when it is outdoors and/or
turned on. By using various technologies
to locate your Device, we can provide
enhanced emergency 911 services and
optional location-enabled services
provided by us or a third party. Network
coverage or environmental factors (such as

of location-enabled services.

You agree that any authorized user may

access, use, or authorize Boost or third-

party location-enabled applications

through the Services. You understand

that your use of such location-enabled

applications is subject to the application’s

terms and conditions and policies,

including its privacy policy. If you activate

location-enabled services for devices used

by other authorized users, you agree to

inform the authorized user(s) of the terms of

use for location-enabled applications and

that the Device may be located.

911 Or Other Emergency Calls

structures, buildings, weather, geography,
landscape, and topography) can
significantly impact the ability to access

Public safety officials advise that when

making 911 or other emergency calls, you

should always be prepared to provide

your location information. Unlike traditional

wireline phones, depending on a number

prompts when interacting with emergency
of factors (for example, whether your
Device is GPS-enabled, where you are,
whether local emergency service providers
have upgraded their equipment, etc.),
911 operators may not know your phone
number, your location, or the location of
your Device. In certain circumstances, an
emergency call may be routed to a state
patrol dispatcher or alternative location
set by local emergency service providers.
Enhanced 911 service (“E911”)—where
enabled by local emergency authorities—
uses GPS technology to provide location
information. Even when available, however,
E911 does not always provide accurate
location information. If your Device is
indoors or for some other reason cannot
acquire a satellite signal, you may not
be located. Some Devices have a safety
feature that prevents use of the keypad
after dialing 911—you should follow voice

service providers employing interactive

voice response systems to screen calls.

If Your Device Is Lost or Stolen

Call us immediately if your Device is lost

or stolen so we can freeze your account.

You may be responsible for usage charges

before you notify us of the alleged loss or

theft. You agree to cooperate if we choose

to investigate the matter (provide facts,

sworn statements, etc.). We may not credit

or refund any account balance if you

choose to terminate Services as a result

of loss or theft of your Device. If you do not

either activate a new device or notify us

that you have found your Device within 60

days from the date we froze your account,

your account will be deactivated, we may

assess a charge equal to the balance in

your account (which is not refundable), and,

if applicable, you will lose your

APPLICATIONS ON AN “AS IS” BASIS WITH

phone number.

Disclaimer of Warranties

UNLESS EXPRESSLY PROVIDED IN
WRITING OTHERWISE, WE MAKE NO
REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING (TO THE
EXTENT ALLOWED BY LAW) ANY IMPLIED
WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR
A PARTICULAR PURPOSE CONCERNING
YOUR SERVICES (INCLUDING YOUR
DEVICE AND ANY SOFTWARE OR
APPLICATIONS ON YOUR DEVICE). WE
DON’T PROMISE UNINTERRUPTED
OR ERROR-FREE SERVICES AND
DON’T AUTHORIZE ANYONE TO MAKE
WARRANTIES ON OUR BEHALF. BOOST
PROVIDES ALL SOFTWARE AND

ALL FAULTS, ERRORS, AND DEFECTS.

You Agree That We Are Not
Responsible For Certain Problems

You agree that neither we nor our parent,
subsidiary, or affiliate companies, nor
our vendors, suppliers, or licensors are
responsible for any damages, delay,
interruption or other failure to perform
resulting from: (a) anything done or not
done by someone else; (b) providing or
failing to provide Services, including, but
not limited to, deficiencies or problems
with a Device or network coverage (for
example, dropped, blocked, interrupted
Services, etc.); (c) traffic or other accidents,
or any health-related claims relating to our
Services; (d) Data Content or information
accessed while using our Services; (e)
an interruption or failure in accessing

or attempting to access emergency

equipment and to backup your information
services from a Device, including through
911, Enhanced 911 or otherwise; (f)
interrupted, failed, or inaccurate location
information services; (g) information
or communication that is blocked by a
spam filter; (h) damage to your Device or
any computer or equipment connected
to your Device, or damage to or loss of
any information stored on your Device,
computer, equipment, or Boost storage
space from your use of the Services or
from viruses, worms, or downloads of
malicious content, materials, data, text,
images, video, or audio; or (i) things beyond
our control, including acts of God (for
example, weather-related phenomena, fire,
earthquake, hurricane, etc.), riot, strike, war,
terrorism, or government orders or acts. You
should implement appropriate safeguards
to secure your Device, computer, or

stored on each.

You Agree That Our Liability Is Limited

– No Consequential Damages

TO THE EXTENT ALLOWED BY LAW, OUR

LIABILITY FOR MONETARY DAMAGES

FOR ANY CLAIMS THAT YOU MAY HAVE

AGAINST US IS LIMITED TO NO MORE

THAN THE PROPORTIONATE AMOUNT OF

THE SERVICE CHARGES ATTRIBUTABLE

TO THE AFFECTED PERIOD. UNDER NO

CIRCUMSTANCES ARE WE LIABLE FOR ANY

INCIDENTAL, CONSEQUENTIAL, PUNITIVE,

MULTIPLE, OR SPECIAL DAMAGES OF ANY

NATURE WHATSOEVER ARISING OUT OF

OR RELATED TO PROVIDING OR FAILING

TO PROVIDE SERVICES IN CONNECTION

WITH A DEVICE, INCLUDING, BUT NOT

LIMITED TO, LOST PROFITS, LOSS OF

BUSINESS, OR COST OF REPLACEMENT

Mandatory Arbitration and Waiver of

PRODUCTS AND SERVICES.

DISPUTE RESOLUTION

AND ARBITRATION

PLEASE READ THIS CAREFULLY; IT
AFFECTS YOUR RIGHTS

In those rare instances where your
concern is not resolved to your
satisfaction through calls to our customer
care, you and Boost each agree to try
to resolve those disputes in good faith
after you provide written notice of the
dispute as set forth below. If the dispute
is not resolved, you and Boost agree
that the dispute will be resolved through
individual binding arbitration or small
claims court, instead of courts of
general jurisdiction.

Class Action

Instead of suing in court, you and Boost
agree to arbitrate all Disputes (as
defined below) on an individual, non­representative, basis. You agree that, by
entering into this Agreement, you and
Boost are waiving the right to a trial by
jury or to participate in a class action
or representative action. This
agreement to arbitrate is intended to
be broadly interpreted.

In arbitration, there is no judge or jury.
Instead Disputes are decided by a
neutral third-party arbitrator in a more
informal process than in court. In
arbitration, there is limited discovery
and the arbitrator’s decision is subject to
limited review by courts. However, just as
a court would, the arbitrator must honor
the terms of the Agreement and can

award damages and relief, including any

Services or the Agreement; or (c) that

attorneys’ fees authorized by law.
“Disputes” shall include, but are not

limited to, any claims or controversies
against each other related in any way to
or arising out of in any way our Services
or the Agreement, including, but not
limited to, coverage, Devices, billing
services and practices, policies, contract
practices (including enforceability),
service claims, privacy, or advertising,
even if the claim arises after Services
have terminated. Disputes also include,
but are not limited to, claims that: (a)
you or an authorized or unauthorized
user of the Services or Devices bring
against our employees, agents, affiliates,
or other representatives; (b) you bring
against a third party, such as a retailer or
equipment manufacturer, that are based
on, relate to, or arise out of in any way our

Boost brings against you. Disputes also
include, but are not limited to, (i) claims
in any way related to or arising out of any
aspect of the relationship between you
and Boost, whether based in contract,
tort, statute, fraud, misrepresentation,
advertising claims or any other legal
theory; (ii) claims that arose before this
Agreement or out of a prior Agreement
with Boost; (iii) claims that are subject to
on-going litigation where you are not a
party or class member; and/or (iv) claims
that arise after the termination of
this Agreement.

Dispute Notice and Dispute
Resolution Period

Before initiating an arbitration or a small
claims matter, you and Boost each agree
to first provide to the other a written
notice (“Notice of Dispute”), which shall

contain: (a) a written description of

commence an arbitration proceeding or
the problem and relevant documents
and supporting information; and (b) a
statement of the specific relief sought.
A Notice of Dispute to Boost should be
sent to: General Counsel; Arbitration
Office; 12502 Sunrise Valley Drive,
Mailstop VARESA0202-2C682; Reston,
Boostia 20191. Boost will provide a
Notice of Dispute to you in accordance
with the “Providing Notice To Each
Other Under The Agreement” section
of this Agreement. Boost will assign a
representative to work with you and try to
resolve your Dispute to your satisfaction.
You and Boost agree to make attempts to
resolve the Dispute prior to commencing

small claims action.

Arbitration Terms, Process, Rules

and Procedures

(1) Unless you and Boost agree otherwise,

the arbitration will be conducted by a

single, neutral arbitrator and will take

place in the county of the last billing

address of the Service. The arbitration

will be governed by either: (a) rules

that we mutually agree upon; or (b) the

JAMS Comprehensive Arbitration Rules

& Procedures (the “JAMS Rules”), as

modified by this agreement to arbitrate,

including the rules about the filing,

administration, discovery and arbitrator
an arbitration or small claims action.
If an agreement cannot be reached
within forty-five (45) days of receipt of
the Notice of Dispute, you or Boost may

fees. The JAMS rules are available on its

website at jamsadr.com. Notwithstanding

any JAMS Rule to the contrary or any

other provision in arbitration rules

chosen, by agreement, to govern the

arbitration, we each agree that all issues

arbitrate on a class-wide, representative
regarding the Dispute are delegated
to the arbitrator to decide, except that
only a court (and not the arbitrator) shall
decide any disagreements regarding
the scope and enforceability of this
agreement to arbitrate.

(2) The Federal Arbitration Act (“FAA”)
applies to this Agreement and arbitration
provision. We each agree that the FAA’s
provisions—not state law—govern all
questions of whether a Dispute is subject
to arbitration. To the extent that this
agreement to arbitrate conflicts with the
JAMS Policy on Consumer Arbitrations
Pursuant to Pre-Dispute Clauses
Minimum Standards for Procedural

or consolidated basis.

(3) The arbitrator may award declaratory

or injunctive relief only in favor of the

individual party seeking relief and only

to the extent necessary to provide relief

warranted by that party’s individual

claim. YOU AND BOOST AGREE THAT

EACH MAY BRING CLAIMS AGAINST

THE OTHER ONLY IN AN INDIVIDUAL

CAPACITY, AND NOT AS A CLASS

MEMBER IN ANY PUTATIVE CLASS OR

REPRESENTATIVE PROCEEDING. Further,

unless both you and Boost expressly

agree otherwise, the arbitrator may not

consolidate more than one person’s

claims, and may not otherwise preside
Fairness (the “Minimum Standards”), the
Minimum Standards in that regard will
apply. However, nothing in this paragraph
will require or allow you or Boost to

over any form of a representative or

class proceeding. If any portion of this

provision is found to be unenforceable,

then the entirety of this arbitration

in the county of your most recent billing

provision shall be null and void.
(4) We each are responsible for

our respective costs, including our
respective counsel, experts, and
witnesses. Boost will pay for any filing or
case management fees associated with
the arbitration and the professional fees
for the arbitrator’s services.

(5) An arbitrator’s award will be a written
statement of the disposition of each
claim and will also provide a concise
written statement of the essential
findings and conclusions which form
the basis of the award. The arbitrator’s
decision and award is final and binding,

address. In addition, this arbitration
agreement does not prevent you from
bringing your Dispute to the attention of
any federal, state, or local government
agency. Such agencies can, if the law
allows, seek relief against Boost on
your behalf.

No Trial By Jury and
No Class Actions

IF FOR ANY REASON A CLAIM ARISING OUT
OF OR RELATING TO THIS AGREEMENT IN
ANY WAY PROCEEDS IN COURT RATHER
THAN IN ARBITRATION, REGARDLESS

OF WHETHER THE CLAIM IS AN ACTION,
with some limited court review under the
FAA, and judgment on the award may be
entered in any court with jurisdiction.

(6) As an alternative to arbitration, we may
resolve Disputes in small claims court

COUTERCLAIM OR ANY OTHER COURT

PROCEEDING, WE EACH AGREE THAT TO

THE EXTENT ALLOWED BY LAW, THERE

WILL NOT BE A JURY TRIAL OR CLASS

ACTION AND WE EACH UNCONDITIONALLY

(1) WAIVE ANY RIGHT TO TRIAL BY JURY

backup question to your shared secret

AND (2) WAIVE ANY RIGHT TO PURSUE
DISPUTES ON A CLASSWIDE BASIS,
INCLUDING JOINING A CLAIM WITH THE
CLAIM OF ANY OTHER PERSON OR ENTITY
OR ASSERT A CLAIM IN A REPRESENTATIVE
CAPACTITY ON BEHALF OF ANYONE ELSE
IN ANY OTHER PROCEEDING.

Indemnification

You agree to indemnify, defend, and hold
Boost and our subsidiaries, affiliates,
parent companies, vendors, suppliers, and
licensors harmless from any claims arising
out of or relating to your actions, including,
but not limited to, your use of the Service
and any information you submit, post,
transmit, or make available via the Service;
failing to provide appropriate notices
regarding location-enabled services (see
“Location-Enabled Services” section);
failure to safeguard your passwords,

question, or other account information;

or violating this Agreement or any policy

referenced in this Agreement, any

applicable law or regulation, or the rights of

any third party.

Providing Notice To Each Other Under

The Agreement

Except as the Agreement specifically

provides otherwise, you must deliver written

notice to us by mail to Attn: Boost, NSSG

SBU, 1084 Laurel Rd., London, KY 40744 or

email to Boostmobilecustomerassistance@

boostmobile.com. We will provide you

notice by correspondence to your last

known address in our records, to any fax

number or email address you’ve provided

us, by calling you on your Device or any

other phone number you’ve provided us, by

voice message on your Device or any other

phone number you’ve provided us, or by

agents, and predecessors and successors

text message on your Device.

Other Important Terms

Subject to federal law or unless the
Agreement specifically provides otherwise,
this Agreement is governed solely by
the laws of the state encompassing
the area code assigned to your Device,
without regard to the conflicts of law
rules of that state. If either of us waives or
doesn’t enforce a requirement under this
Agreement in an instance, we don’t waive
our right to later enforce that requirement.
Except as the Agreement specifically
provides otherwise, if any part of the
Agreement is held invalid or unenforceable,
the rest of this Agreement remains in full
force and effect. This Agreement isn’t for
the benefit of any third party except our

in interest. You can’t assign the Agreement
or any of your rights or duties under it
unless we agree to the assignment. We
can assign the Agreement without notice.
You cannot in any manner resell Devices
or Services to another party. You cannot
export any Device. The Agreement and the
documents it incorporates make up the
entire agreement between us and replaces
all prior written or spoken agreements—you
can’t rely on any contradictory documents
or statements by sales or service
representatives. The rights, obligations, and
commitments in the Agreement that—by
their nature—would logically continue
beyond the termination of Services (for
example, those relating to billing, payment,
911, dispute resolution, no class action, no
jury trial) survive termination of Services.

corporate parents, affiliates, subsidiaries,

[End General Terms and Conditions of Service]

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