Netgear 771S Booklet
Contents
1. your customer and user mean an account holder with us or any user of our Devices or Services 3 Device means any we e na 16 General Terms and Conditions of Service phone aircard mobile broadband device any other device accessory or other product that we provide you we sell to you oris active on your account with us and 4 Service means Sprint branded offers rate plans options wireless services billing services applications programs products software or Devices on your account with us Service s also includes any other product or service that we offer or provide to you that references these General Terms and Conditions of Service Ts amp Cs The Service Agreement These Ts amp Cs are part of your service agreement with us the Agreement and constitute a contract under which we provide you Services under terms and conditions that you accept THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION WITH A CLASS WAIVER A REPRESENTATIVE ACTION WAIVER AND A JURYWAIVER PROVISION In addition to these Ts amp Cs there are several parts of the Agreement which includes butis not limited to the following i the subscriber agreement and transaction v 7 1 13 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 an2. For Certain Problems You agree that neither we nor our parent subsidiary oraffiliate companies nor our vendors suppliers or General Terms and Conditions of Service 35 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 orfailing 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 orany health related claims relating to our Services d Data Content or information accessed while using our Services e an interruption or failure in accessing or attempting to access emergency services from a Device including through 911 Enhanced 911 or otherwise f interrupted failed or inaccurate location information services g information or communication that is blocked by a spam filter h damage to your Device or any computer or equipment connected to your Device or damage to orloss of any information stored on your Device computer equipment or Sprint storage space from your use of the Services orfrom viruses worms or downloads of malicious content materials data text images video or audio or i things beyond our control including acts of 36 General Terms and Conditions of Service God forexample weather related phenomena fire ear
3. to this Agreement and arbitration provision We each agree that the FAA s provisions not state law govern all questions of whether a Dispute is subject to arbitration To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre Dispute Clauses Minimum Standards for Procedural Fairness the Minimum Standards the Minimum Standards in that regard will apply However nothing in this paragraph will require or allow you or Sprint to arbitrate on a class wide representative or consolidated basis 3 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party s individual claim YOU AND SPRINT AGREETHAT EACH v 7 1 13 General Terms and Conditions of Service 39 MAY BRING CLAIMS AGAINSTTHE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOTAS A CLASS MEMBERIN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING Further unless both you and Sprint expressly agree otherwise the arbitrator may not consolidate more than one person s claims and may not otherwise preside over any form of a representative or class proceeding If any portion of this provision is found to be unenforceable then the entirety of this arbitration provision shall be null and void 4 We each are responsible for our respective costs including our respective counsel experts and
4. The account holder can typically change Services upon request In some instances changes may be conditioned on payment of an Early Termination Fee orcertain other charges orthey 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 v 7 1 13 authority to make changes that will extend yourTerm 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 Your RightTo Terminate Services You can terminate Services at any time by calling us and requesting that we deactivate all Services In addition if you return or provide your Device to Sprint and fail to either deactivate service on the Device or activate another Device in connection with your Service we reserve the right to terminate your Service and if you are subject to a Term Commitment you may be charged all or part of an Early Termination Fee You are responsible for all charges billed or incurred prior to deactivation If Services are terminated before the end of your invoicing cycle we won t prorate charges to the date of termination and you won t recei
5. non transferable limited warranty that a the Product will be of good quality and free from defects in design materials workmanship and manufacture under normal use and service b all materials parts components and other items incorporated in the Product will be new and c the Product will be compliant with and perform in accordance with its specifications fora period that expires one year rom the original purchase date of the Product the Warranty Period During the Warranty Period if Vendor determines that a Product is defective undera proper warranty claim hen Vendor will at its sole discretion either a pay parts and labor charges forthe repair of the Product or b replace the Product with a new or rebuilt unit which unit may use refurbished parts of similar quality and functionality provided that the defective Product is returned to a Vendor authorized service centerfor he Product transportation charges prepaid and is Manufacturer s Warranty 11 accompanied by written proof of purchase in the form of a bill of sale or receipted invoice indicating that the Product was purchased by you and is within the Warranty Period After the Warranty Period you are responsible for paying all parts labor and shipping charges The warranty described above shall apply to all repaired or replaced Product fora period of 90 days from the date of return to you orthe balance of the Warranty Period whichever is gre
6. signals When you use your device the System handling your call controls the power level This power can range from 1x10 watt to 0 2 watt in digital mode Knowing Radio Frequency Safety The design of your device complies with updated NCRPstandards described below In 1991 92 the Institute of Electrical and Electronics Engineers IEEE and the American National Standards Institute ANSI joined in updating ANSI s 1982 standard for safety levels with respect to human exposure to RF signals More than 120 scientists engineers and physicians from universities government health agencies and industries developed this updated standard after reviewing the available body of research In 1993 the Federal Communications Commission FCC adopted this updated standard in a regulation In August 1996 the FCC adopted hybrid standard consisting of the existing ANSI IEEE standard and the guidelines published 6 Important Safety Information by the National Council of Radiation Protection and Measurements NCRP RFExposure To maintain compliance with FCC RF exposure guidelines ensure the device is at least 0 4 inches 1 0 centimeters from your body at all times Use of non Sprint approved accessories may violate FCC RF exposure guidelines For more information about RF exposure visit the FCC website at fcc gov Specific Absorption Rates SAR forWireless Devices The SAR value corresponds to the relative amount of RF energy
7. some of which require you to maintain Your Services on a month to month basis orfora minimum term usually 1 or 2 years Term Commitment If your Agreement contains a Term Commitment you will be charged a fee EarlyTermination Fee foreach line of Service thatyou terminate early i e priorto satisfying the Term Commitment orforeach line of Service that we terminate earlyforgood reason forexample violating the paymentorotherterms ofthe Agreement but such EarlyTermination Fee will be prorated based on your remaining Term Commitment Early Termination Fees are a part of ourrates Any Term Commitment the length ofthe Term Commitment and the applicable Early Termination Fee amounts and proration will be disclosed to you during the sales transaction Carefully review anyTerm Commitment and Early Termination Feerequirements priorto selecting Services After you have satisfied yourTerm Commitment your v 7 1 13 Services continue on a month to month basis under the then currentTerms and Conditions and Service policies Services offered on a subscription basis as described in the Account amp Service Charges section may not require a Term Commitment and may not automatically renew As explained directly below there are instances when you will not be responsible foran Early Termination Fee forterminating Services early When You Don t Have To Pay An Early Termination Fee You aren t responsible for paying an
8. Early Termination Fee when terminating Services a provided on a month to month basis b provided on a subscription basis that do not include a Term Commitment c consistent with our published trial period return policy or d in response to a materially adverse change that we make to the Agreement as described directly below v 7 1 13 Our RightTo Change The Agreement amp Your Related Rights We may change any part of the Agreement at any time including but not limited to rates charges how we calculate charges discounts coverage technologies used to provide services oryourterms of Service If you lose your eligibility fora particular rate plan orif a particular rate plan is no longer supported oravailable we may change your rate plan to one forwhich 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 UnderThe Agreement section Ifa change we make to the Agreementis material and has a material adverse effect on Services underyourTerm Commitment you may terminate each line of Service materially adversely affected without incurring an Early Termination Fee only if a you call us within 30 days afterthe effective date of the change b you specifically advise us that you wish to cancel Services because of a material General Terms and Conditions of Service 19 change
9. NETGEAR Zing Mobile Hotspot in healthcare facilities and request permission before using the device near medical equipment Turning Off Your NETGEAR Zing Mobile Hotspot Before Flying Turn off your device before boarding any aircraft To prevent possible interference with aircraft systems the Important Safety Information 3 U S Federal Aviation Administration FAA regulations require you to have permission from a crew member to use your device while the plane is on the ground To prevent any risk of interference FCC regulations prohibit using your device while the plane is in the air Turning Off Your NETGEAR Zing Mobile Hotspot in Dangerous Areas To avoid interfering with blasting operations turn your device off when in a blasting area orin other areas with signs indicating two way radios should be turned off Construction crews often use remote control RF devices to set off explosives Turn your device off when you re in any area that has a potentially explosive atmosphere Although it s rare your device and accessories could generate sparks Sparks can cause an explosion orfire resulting in bodily injury or even death These areas are often but not always clearly marked They include Fueling areas such as gas stations Below deck on boats Fuelorchemical transfer or storage facilities Areas where the air contains chemicals or particles Such as grain dust or metal powders Anyotherarea where
10. Our coverage maps provide high level estimates of our coverage areas when using Services outdoors under optimal conditions Coverage isn t available everywhere Coverage and Service speeds are not guaranteed Coverage is subject to change without notice Service speeds may depend on the Service purchased Actual speeds will vary Estimating wireless coverage signal strength and Service speed is notan exact science There are gapsin coverage within ourestimated coverage areas that along with otherfactors both within and beyond ourcontrol for example network problems network or Internet congestion software signal strength yourDevice structures buildings weather geography topography serverspeeds ofthe websites you access actions of 24 General Terms and Conditions of Service third parties etc may result in dropped and blocked connections slower Service speeds or otherwise impact the quality of Service Services that rely on location information such as E911 and GPS navigation depend on your Device s ability to acquire satellite signals typically not available indoors and network coverage While your Device is receiving a software update you may be unable to use your Device in any manner until the software update is complete Roaming The term roaming typically refers to coverage on another carrier s network that we may make available to you based on our agreements with other carriers These agreements may c
11. in this document could void your warranty forthis equipment and void your authority to operate this equipment 2 Important Safety Information Note Forthe best care of your device only Sprint authorized personnel should service your device and accessories Failure to do so may be dangerous and void your warranty Maintaining Safe Use of and Access to Your NETGEAR Zing Mobile Hotspot Following Safety Guidelines To operate your NETGEAR Zing Mobile Hotspot safely and efficiently always follow any special regulations in a given area Turn your device off in areas where use is forbidden or when it may cause interference or danger Using Your NETGEARZing Mobile Hotspot NearOtherElectronic Devices Most modern electronic equipment is shielded from radio frequency RF signals However RF signals from wireless devices may affect inadequately shielded electronic equipment RF signals may affect improperly installed or inadequately shielded electronic operating systems or entertainment systems in motor vehicles Check with the manufacturer ortheir representative to determine if these systems are adequately shielded from external RF signals Also check with the manufacturer regarding any equipment that has been added to your vehicle Consult the manufacturer of any personal medical devices such as pacemakers and hearing aids to determine if they are adequately shielded from external RF signals Note Always turn off the
12. oranyone through your Services We strongly v 7 1 13 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 forany 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 orthat you request that our representatives access orload 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 Sprint 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 orthird parties is subjectto cancellation ortermination at any General Terms and Conditions of Service 25 time without notice to you and you may not receive a refund for any unused portion of the Data Content Specific Terms amp Restrictions On Using Data Services In addition to the rules for using all o
13. to the Agreement that we have made and c we fail to negate the change afteryou notify us of your objection to it If you do not notify us and cancel Service within 30 days of the change an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment Our Right To Suspend OrTerminate Services We can without notice suspend orterminate any Service atanytime forany reason For example we can suspend orterminate any Service forthe following a late payment b exceeding an Account Spending Limit c harassing threatening abusing offending our employees or agents d providing false or inaccurate information e interfering with our operations f using suspicion of using Services in any manner restricted by orinconsistent with the Agreement and Policies g breaching failing to follow or abusing the Agreement or Policies h providing false inaccurate dated or unverifiable identification or credit information 20 General Terms and Conditions of Service or becoming insolvent or bankrupt i modifying a Device from its manufacturer specifications for example rooting the device j failing to use our Services for an extended period of time k failing to maintain an active Device in connection with our Services or if we believe the action protects our interests any custorner s interests or our networks YourRightTo Change Services amp When Changes Are Effective
14. use of the keypad after dialing 911 you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls If Your Device Is Lost or Stolen Call us immediately if your Device is lost or stolen because you may be responsible for usage charges before you notify us of the alleged loss or theft A lost orstolen Device does not reduce or remove yourTerm Commitment You will remain liable forany monthly recurring charges associated with the Service on your Device after you notify us of the alleged loss ortheft You agree to cooperate if we choose to investigate the matter provide facts sworn statements etc We may not waive any applicable Early Termination Fees if you choose to terminate Services as a result of loss ortheft of your Device v 7 1 13 Disclaimer of Warranties UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE WE MAKE NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED INCLUDING TO THE EXTENT ALLOWED BY LAW ANY IMPLIED WARRANTY OF MERCHANTABILITY NON NFRINGEMENT 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 ANYONETO MAKEWARRANTIES ON OUR BEHALF SPRINT PROVIDES ALLSOFTWARE AND APPLICATIONS ON AN AS IS BASIS WITH ALLFAULTS ERRORS AND DEFECTS You Agree ThatWe Are Not Responsible
15. where we assess subscription charges that allow you access to the Services and or provide you a certain amount of use of the Services for a 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 periods Subscription Services offered on a recurring basis do not end until terminated by you or us Subscription charges for recurring Services occurat the beginning of each bill cycle Information regarding your bill cycle for subscription Services will be provided when you orderthe Services For Services offered on a per day basis you will generally be charged for use before or atthe time of use In certain instances we may charge you at some point after you use the Services Unless otherwise disclosed Services offered on a per day basis end 24 hours after Service is initiated General Terms and Conditions of Service 27 How We Calculate Your Charges For Billing Purposes RegularVoice Calls We round up partial minutes of use to the next full minute Time starts when you press Talk oryour 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 orif you get a busy signal For incoming calls answere
16. you would normally be advised to turn off your vehicle s engine Note Nevertransport orstore flammable gas flammable liquids or explosives in the compartment of your vehicle that contains your device or accessories Restricting Children s Access to Your NETGEAR Zing Mobile Hotspot Your device is not a toy Do not allow children to play with it as they could hurt themselves and others damage the device or enable unauthorized users to use your data service and increase your Sprint invoice 4 Important Safety Information Caring for the Battery Protecting Your Battery The guidelines listed below help you get the most out of your battery s performance Recently there have been some public reports of wireless device batteries overheating catching fire or exploding It appears that many if not all of these reports involve counterfeit or inexpensive aftermarket brand batteries with unknown or questionable manufacturing standards Sprint is not aware of similar problems with Sprint devices resulting from the proper use of batteries and accessories approved by Sprint orthe manufacturer of your device Use only Sprint approved or manufacturer approved batteries and accessories found at Sprint Stores orthrough your device s manufacturer or call 1 866 866 7509 to order They re also available at sprint com accessories Buying the right batteries and accessories is the best way to ensure they re genuine and safe
17. CLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT DAMAGES TO PROPERTY OR PERSONS LOSTOR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS EVEN IF ANY SUCH AFOREMENTIONED PERSON HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES ORTHEY AREFORESEEABLE OR FOR CLAIMS BY ANYTHIRD PARTY MAXIMUM AGGREGATE LIABILITY OFTHE AFOREMENTIONED PERSONS SHALLNOT EXCEED THEAMOUNT PAID BY YOU FORTHE PRODUCT THELIMITATIONS IN THIS SECTION SHALLAPPLY Manufacturer s Warranty 13 WHETHER OR NOTTHE ALLEGED BREACH DEFAULT NON PERFORMANCE OR FAILURE IS A BREACH OF FUNDAMENTAL CONDITION OR TERM ORA FUNDAMENTAL BREACH ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED OF NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARE HEREBY DISCLAIMED TO THE EXTENT PERMITTED BY LAW 14 Manufacturer s Warranty Page intentionally left blank Manufacturer s Warranty 15 General Terms and Conditions of Service Please note that these terms may not be the most current version A currentversion of the termsis available at our website at sprint com termsandconditions orupon request Para solicitar esta literatura en espa ol por favor contactar a 1 800 777 4681 o visitara sprint com espanol Basic Definitions In this document 1 we our and Sprint mean Sprint Solutions Inc as contracting agent on behalf of the applicable Sprint affiliated entities providing the products and Services 2 you
18. ING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTA CLAIM IN A REPRESENTATIVE CAPACTITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING Indemnification You agree to indemnify defend and hold Sprint 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 ofthe Service and any information you submit post transmit or make available via the Service failing to provide appropriate notices regarding location enabled services see Location Enabled Services section failure to safeguard your passwords backup question to your shared secret question or other account information or violating this Agreement or any policy referenced in v 7 1 13 this Agreement any applicable law or regulation orthe rights of any third party 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 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 orany other phone number you ve provided us or by text message on your Devi
19. Important Information for the NETGEAR Zing Mobile Hotspot Important Safety Information page 2 Manufacturer s Warranty page 11 General Terms and Conditions of Service page 16 Important Message from Sprint page 45 NETGEAR Sprint Important Safety Information General Precautions page 2 Maintaining Safe Use of and Access to Your NETGEAR Zing Mobile Hotspot page 3 Caring forthe Battery page 5 Radio Frequency RF Energy page 6 Owner s Record page 9 Limitation of Liability page 9 Important Notice page 10 This booklet contains important operational and safety information that will help you safely use your NETGEAR Zing Mobile Hotspot Failure to read and follow the information provided in this booklet may result in serious bodily injury death or property damage 9999 General Precautions There are several simple guidelines to operating your NETGEAR Zing Mobile Hotspot properly and maintaining safe satisfactory service Avoid exposing your device to rain or liquid spills If your device does get wet immediately turn the power off and remove the battery Do not expose your device to direct sunlight for extended periods of time such as on the dashboard ofa car Although your device is quite sturdy it is a complex piece of equipment and can be broken Avoid dropping hitting bending orsitting on it Any changes or modifications to your device not expressly approved
20. absorbed into the body of a user ofa wireless device The SAR value of a device is the result of an extensive testing measuring and calculation process It does not represent how much RF the device emits All device models are tested at their highest value in strict Important Safety Information laboratory settings But when in operation the SAR of a device can be substantially less than the level reported to the FCC This is because of a variety of factors including its proximity to a base station antenna device design and other factors What is important to rememberis that each device meets strict federal guidelines Variations in SARs do not represent a variation in safety All devices must meet the federal standard which incorporates a substantial margin of safety As stated above variations in SAR values between different model devices do not mean variations in safety SAR values at or below the federal standard of 1 6 W kg are considered safe for use by the public The highest reported SAR values of the NETGEAR Zing Mobile Hotspot are Body 1 438 W kg 1g FCC Radio Frequency Emission This device meets the FCC Radio Frequency Emission Guidelines FCC ID number PYSAC771S More information on the device s SAR can be found from the following FCC website http fcc gov oet ea fccid FCC Notice This device complies with Part 15 of the FCC Rules Operation is subject to the following two conditions 1 this dev
21. ass Action Instead of suing in court you and Sprint agree to arbitrate all Disputes as defined below on an individual non representative basis You agree that by entering into this Agreement you and Sprint are waiving the right to a trial by jury orto participate in a class action orrepresentative action This agreementto 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 honorthe terms of the Agreement and can award damages and relief including any attorneys fees authorized by law Disputes shall include but are not limited to any claims or controversies against each other v 7 1 13 General Terms and Conditions of Service 37 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 oran authorized or unauthorized user of the Services or Devices bring against our employees agents affiliate
22. ater This limited warranty does not cover and is void with respect to a Products which have been improperly installed repaired maintained or modified b Products which have been subjected to misuse including using the Products with hardware which is electrically or mechanically incompatible with the Products abuse accident physical damage abnormal operation improper handling or storage neglect exposure to fire water or excessive moisture or dampness or extreme changes in climate or temperature c Products which have been opened repaired modified or altered by anyone otherthan Vendor or a Vendor authorized service center d Products which have been damaged due to fire flood acts of God or other acts which are not Vendor s fault and which the Product is not specified to tolerate e cosmetic damage f Products which have been operated outside of published maximum ratings g cost of installation removal or reinstallation of the Product h signal reception problems unless caused by a defect in material s orworkmanship or i Products on which warranty stickers or serial numbers have been removed altered or rendered illegible This limited warranty is not transferable to any third party including but not limited to any subsequent purchaser or owner of the Products Any transfer or resale of any of the Products will automatically terminate Vendor s warranty coverage of such Products This limite
23. be provided details on any additional terms with your selection of any bundled Service Foremployee and organization discounts the discount percentage may vary from month to month based on the terms of the agreement between your employer association or organization and Sprint The discount will be zero after your agreement oryourorganization s agreement with Sprint ends Additional terms and eligibility requirements regarding organization discounts will be provided to you General Terms and Conditions of Service 17 Our Policies Services are subject to our business policies practices and procedures Policies You agree to adhere to all of our Policies when you use our Services Our Policies are subject to change at anytime with or without notice When You Accept The Agreement You must have the legal capacity to accept the Agreement You accept the Agreement when you do any of the following a accept the Agreement through any printed oral or electronic statement including on the Web by electronically marking that you have reviewed and accepted b attempt to or in any way use the Services c pay forthe Services or d open any package or start any program that says you are accepting the Agreement when doing so If you don t wantto acceptthe Agreement don t do any of these things 18 General Terms and Conditions of Service Term Commitments amp Early Termination Fees Sprint provides a variety of Services
24. ce Contacting You Regarding Billing and Collections You expressly authorize and specifically consent to allowing Sprint and any of Sprint s agents to contact you in connection with any and all matters relating to General Terms and Conditions of Service 41 unpaid past due charges you owe Sprint You agree hat for attempts to collect unpaid past due charges Sprint and any of its agents may contact you at any mailing address telephone number cellular phone number email address or any other electronic address hat you have provided or may in the future provide o Sprint You agree and acknowledge that any email address or any other electronic address that you provide to Sprint is your private address and is not accessible to unauthorized third parties For attempts o collect unpaid charges you agree that in addition to individual persons attempting to communicate directly with you any type of contact described above may be made using among other methods pre recorded or artificial voice messages delivered by an automatic telephone dialing system pre set email messages delivered by an automatic emailing system or any other pre set electronic messages delivered by any other automatic electronic messaging system 42 General Terms and Conditions of Service OtherImportantTerms Subject to federal law or unless the Agreement specifically provides otherwise this Agreement is governed solely by the laws of the state encompas
25. d 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 and invoices that we may provide to you and iv the terms set forth in the coverage map brochures Itis important that you carefully read all of the terms of the Agreement Additional Terms Additional terms will apply when you use certain applications programs Devices and services and these terms will be provided to you priorto your use of the items Depending on who provides the items the terms may come from Sprint ora third party You are subject to any terms provided by the third party and the terms are directly between you and that third party Sprint is not responsible for these third party items and v 7 1 13 associated terms Additional terms will also apply if you activate Services as part of a bundle with another company s services for example cable services home phone services etc The additional terms for bundled Services may either modify or replace certain provisions in these Ts amp Cs including terms relating to activation invoicing payment and disputing charges Also a different dispute resolution provision may apply to services provided by another company the dispute resolution provisions in this Agreement will still apply to ourServices You will
26. d you re charged from the time shortly before the Device starts ringing until you press End orthe network connection otherwise breaks If charges vary depending on the time of day that you place or receive calls for example Nights and Weekend plans you re charged forthe entire call based on the rate that applies tothe time period in which the call starts Call time for asingle call may be subjectto a maximum duration and may be automatically terminated if the maximum duration is exceeded Rates that vary based on the time of access will be determined based on the location of 28 General Terms and Conditions of Service the network equipment providing service and not the location of your Device or your Device s area code if applicable Push to Talk Charges Charges for push to talk calls are billed to the person who starts the call and calculated by multiplying the duration of the call by the applicable rate and number of participants You re charged at least 6 seconds of airtime for each call you start subsequent communications in the same call are rounded up to and billed to the next second Time begins when you press any button to start a push to talk call and ends approximately 6 seconds after completion of a communication to which no participant responds Subsequent push to talk communications are considered new calls Charges apply forthe entire period of time the push to talk call is connected to ournetwork Depending on your
27. d warranty is only valid in the United States of America and does not cover customer education 12 Manufacturer s Warranty instruction installation setup adjustments or signal reception problems REPAIR OR REPLACEMENT AS PROVIDED FOR UNDER THIS LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OFTHIS LIMITED WARRANTY TO THE EXTENT PERMITTED BY APPLICABLE LAW NEITHER VENDOR NOR THE ORIGINAL OWNER OFTHE PRODUCT MAKE ANY OTHER REPRESENTATIONS WARRANTIES OR CONDITIONS OFANY KIND EXPRESS OR IMPLIED OR STATUTORY WITH RESPECTTO THE PRODUCT INCLUDING BUT NOT LIMITED TO ANY WARRANTY OFMERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE This warranty gives you specific rights and you may also have other rights which vary from jurisdiction to jurisdiction Some jurisdictions do not allow the exclusion of implied warranties and conditions and do not permit the exclusion or limitation of certain damages Therefore the foregoing exclusions may not apply to you THE ENTIRE RISKAS TO THE RESULTS AND PERFORMANCE OFTHIS PRODUCTIS ASSUMED BYYOU NEITHER THE ORIGINAL OWNER OFTHE PRODUCT NOR THEVENDOR NOR VENDOR S DISTRIBUTORS RESELLERS SUPPLIERS AGENTS OFFICERS AND DIRECTORS SHALLHAVE ANY LIABILITYTO YOU ORTO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES HOWSOEVER CAUSED INCLUDING BUT NOT LIMITED TO DIRECT INDIRECT INCIDENTAL SPECIAL GENERAL CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER N
28. e Damage related to websites visited or downloads to your device may not be covered by Sprint s Service and Repair policy or your device insurance policy For more information about Sprint s policies products or services please visit us at sprint com Important Message 45 2013 Sprint Sprint and the logo are trademarks of Sprint Other marks are the property of their respective owners 2400293 Rev 1
29. e 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 forthe 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 listthe 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 fees taxes Surcharges product and General Terms and Conditions of Service 29 equipment charges subscription charges 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 higherthan expected charges for that month Bill cycles and dates may change from time to time Your bill may also include otherimportant notices forexample changes to your Agreement to yourService legal no
30. e or personal information for example pictures videos passwords or stored credit card numbers 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 for example when you relinquish exchange return or recycle your Device By submitting your Device to us you agree that our employees contractors or vendors may access all of the information on your Device If you exchange return orrecycle your Device through us we typically attempt General Terms and Conditions of Service 33 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 orturned on By using various technologies to locate your Device we can provide enhanced emergency 911 services and optional location enabled services provided by us ora third party Network coverage or environmental factors such as structures buildings weather geography landscape and topography can significantly impact the ability to access your Device s location information and use of location enabled services You agree that any authorized user may access use orauthorize Sprint orthird party location enabled applications through the Serv
31. e state authorities to the extent required by law Restrictions On Using Services You can t use our Services a in a way that could cause damage or adversely affect any of our other customers or our reputation networks property or Services or b in any way prohibited by the terms of ourServices the Agreement or our Policies You cannot in any manner resell the Services to another party For additional restrictions on the use of our v 7 1 13 Services see our Acceptable Use Policy and Visitors Agreement which are available on our website and the detailed plan or other information on Services that we provide or refer you to during the sales transaction Your Device Number amp Email Address We don t manufacture any Device that we might sell to you orthat is associated with our Services and we aren t responsible for any defects acts or omissions ofthe manufacturer The only warranties on your Device are the limited warranties given to you bythe manufacturer directly orthat we pass through Device performance may vary based on device specifications forexample a device s software memory and storage and device performance may impact access to all of our Services Your Device is designed to be activated on our networks and in other coverage areas that we may make available to you As programmed it will not accept wireless service from another carrier Except for any legal right you may have to port transfer your ph
32. ees You agree to pay all federal state and local taxes fees and other assessments that we re required by law to collect and remitto the government on the Services that we provide to you These charges may change from time to time without advance notice If you re v 7 1 13 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 Sprint surcharges Surcharges which may include but are not limited to Federal Universal Service Regulatory and Administrative charges gross receipts charges and other charges Surcharges are nottaxes and we are not required by law to assess them They are part of our rates we choose at ourdiscretion to collect from you to recover certain costs and are kept by us The numberand type of Surcharges will be provided on yourinvoice and may vary depending upon the location of the billing address of the Device and can change overtime We determine the amount forthese 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 UnderThe Agreement section However v 7 1 13 because some Surcharges are based on amounts set by the government or based on government formulas it will not always be pos
33. elays orlosses of data are rare when wireless devices such asthe NETGEAR Zing Mobile Hotspot are used in a normal manner with a well constructed network they should not be used in situations where failure to transmit or receive data could result in damage of any kind to the user or any other party including but not limited to personal injury death or loss of property NETGEAR accepts no responsibility for damages of any kind resulting from delays or errors in data transmitted or received using the NETGEAR Zing Mobile Hotspot or for failure of the NETGEAR Zing Mobile Hotspot to transmit or receive such data 10 Important Safety Information Manufacturer s Warranty Your device has been designed to provide you with reliable worry free service If forany reason you have a problem with your equipment please refer to the manufacturer s warranty in this section For information regarding the terms and conditions of service for your device please visit sprint com or call Sprint Customer Service at 1 888 211 4727 Manufacturer s Warranty THIS PRODUCTIS PROVIDED TO YOU UNDER THEFOLLOWING TERMS AND CONDITIONS THAT CONTAIN LIMITATIONS ON WARRANTIES AND LIABILITIES AND YOUR REMEDIES BY USING THIS PRODUCTYOU AGREETO THETERMS AND CONDITIONS BELOW The original end user purchaser of the enclosed wireless personal computer modem card the Product from NETGEAR the Vendor orone of its authorized suppliers is offered a personal
34. f 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 asa substitute or backup for private lines orframe relay connections or 3 forany 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 26 General Terms and Conditions of Service you have selected as specifically intended forthat purpose for example with phone as modem plans Sprint Mobile Broadband card plans wireless router plans etc Software License If Sprint provides you software as part ofthe Service and there are not software license terms provided with the software by Sprint or by a third party then Sprint grants you a limited revocable non exclusive non transferable license to use the software to access the Services for your own individual use You will not sell resell transfer copy translate publish create derivative works of make an
35. hange from time to time and roaming coverage is subject to change without notice Your ability to receive roaming coverage depends on the radio transmissions your Device can pick up and the availability of roaming coverage We make no guarantee that roaming coverage will be available Roaming coverage may exist both within and outside our network coverage areas Your Device will generally indicate when v 7 1 13 you re roaming Depending on your Services separate charges or limits on the amount of minutes used while roamingmayapply CertainServicesmaynotbeavailable or work the same when roaming for example data Services voicemail call waiting etc Forinformation on whether roaming applies see your service plan details About Data Services amp Content Our data Services and your Device may allow you to access the Internet text pictures video games graphics music email applications sound and other materials Data Content or send Data Content elsewhere Some Data Content is available from us or our vendors while other Data Content can be accessed from others for example third party websites games ringers applications etc We make absolutely no guarantees about the Data Content that you access on your Device Data Content may be 1 unsuitable forchildren minors 2 unreliable orinaccurate or 3 offensive indecent or objectionable You re solely responsible for evaluating the Data Content accessed by you
36. 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 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 If you use a third party application the application may access collect use or disclose your personal information or require Sprintto 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 v7 1 13 you agree and authorize Sprint to provide information related to your use of the Services orthe application s You understand that your use of third party applications is subjectto 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 sensitiv
37. ice may not cause harmful interference and 2 this device must accept any interference received including interference that may cause undesired operation Changes or modifications not expressly approved by the party responsible for compliance could void the user s authority to operate the equipment Note This equipment has been tested and found to comply with the limits fora Class B digital device pursuantto Part 15 of the FCC Rules These limits are designed to provide reasonable protection against harmful interference in a residential installation This equipment generates uses and can radiate radio frequency energy and if not installed and used in accordance with the instructions may cause harmful interference to radio communications However there is no guarantee that interference will not occurin a particular installation If this equipment does cause harmful interference to radio ortelevision reception which can be determined by turning the equipment off and on the user is encouraged to try to correct the interference by one or more of the following measures Reorient the direction of the internal antenna Increase the separation between the equipment and receiver Connect the equipment into an outlet on a circuit different from that to which the receiver is connected Consult the dealer or an experienced radio TV technician for help 8 Important Safety Information Owner s Record The
38. ices You understand that your use of such location enabled applications is subjectto the application s terms and conditions and policies including its privacy policy If you activate location enabled services for devices used by other 34 General Terms and Conditions of Service authorized users you agree to inform the authorized user s of the terms of use for location enabled applications and that the Device may be located 911 Or Other Emergency Calls Public safety officials advise that when making 911 or other emergency calls you should always be prepared to provide yourlocation information Unlike traditional wireline phones depending on a number of factors for example whether your Device is GPS enabled where you are whether local emergency service providers have upgraded their equipment etc 911 operators may not know your phone number your location orthe 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 v 7 1 13 acquire a satellite signal you may not be located Some Devices have a safety feature that prevents
39. model number and other device identifiers are located on a nameplate inside the battery compartment Record these numbers in the spaces provided below This will be helpful if you need to contact us about your device in the future Model FSN IMEI MEID Limitation of Liability The information in this manual is subject to change without notice and does not represent a commitment on the part of NETGEAR NETGEAR AND ITS AFFILIATES SPECIFICALLY DISCLAIM LIABILITY FOR ANY AND ALL DIRECT INDIRECT SPECIAL GENERAL INCIDENTAL CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE OR ANTICIPATED PROFITS OR REVENUE ARISING OUT OFTHE USE OR INABILITY TO USEANY NETGEAR PRODUCT EVEN IF NETGEAR AND OR ITS AFFILIATES HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE OR FOR CLAIMS BY ANYTHIRD PARTY Notwithstanding the foregoing in no event shall NETGEAR and or its affiliates aggregate liability arising under orin connection with the NETGEAR product regardless of the number of events occurrences or claims giving rise to liability be in excess of the price paid by the purchaser forthe NETGEAR product Important Safety Information 9 Important Notice Because of the nature of wireless communications transmission and reception of data can never be guaranteed Data may be delayed corrupted i e have errors or be totally lost Although significant d
40. mulate on your account regardless of when payment on those charges is due We reserve the rightto determine which charges count toward an ASL If you have an ASL we may suspend your Services without prior notice if your account balance reaches the ASL even if your account is not past due We may impose or increase an ASLat any time with notice An ASLis for our benefit only and should not be relied on by you to manage usage Deposits amp 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 orfuture amounts owed to us We may change the Deposit at any time with notice You can t use a Deposit to make or delay 22 General Terms and Conditions of Service 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 ourotherfunds and it won t earn interest and we reserve the rightto return the Deposit as a credit on your invoice at anytime If your Services are terminated forany 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 yourfinal invoice if it is returned to us we will forward it on to the appropriat
41. n orderto avoid damage charge the battery only in emperatures that range from 32 Fto 113 F 0 C o 45 C Don t use the battery chargerin direct sunlight or in high humidity areas such as the bathroom ever dispose of the battery by incineration Keep the metal contacts on top of the battery clean Don t attempt to disassemble or short circuit the battery The battery may need recharging if it has not been used fora long period of time t s best to replace the battery when it no longer provides acceptable performance It can be recharged hundreds of times before it needs replacing Don t store the battery in high temperature areas for ong periods of time It s best to follow these storage rules Important Safety Information 5 Less than one month 4 Fto 140 F 20 C to 60 C More than one month 4 Fto 113 F 20 C to 45 C Disposal of Lithium lon Li lon Batteries Do not handle a damaged orleaking Li lon battery as you can be burned For safe disposal options of your Li lon batteries contact your nearest Sprint authorized service center Special Note Be sure to dispose of your battery properly In some areas the disposal of batteries in household or business trash may be prohibited Radio Frequency RF Energy Understanding How Your NETGEARZing Mobile Hotspot Operates Your device is basically a radio transmitter and receiver When it s turned on it receives and transmits radio frequency RF
42. n our website To review the policy visit sprint com legal privacy html This policy may change from time to time so review it with regularity and care Call Monitoring To ensure the quality of our Services and for other lawful purposes we may monitor or record calls you make to us or we make to you for 32 General Terms and Conditions of Service example your conversations with our customer service orsales 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 answerin the event you forget your PIN You agree to protect your PIN passwords and other account access credentials like your backup security question from loss or disclosure You further agree that Sprint may in our sole discretion treat any person who presents your credentials that we deem 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 orthrough other available means including text message email fax recorded message mobile residential or business phone or mail v 7 1 13 CPNI As we provide telecommunications products and Services to you the account
43. ntionally left blank Important Message from Sprint Important Information about this device s open architecture This device is an open device What that means is that you are free to use it to access the Internet as you see 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 Although Sprint is excited to allow our customers to make their own choices about the Internet sites you wish to visit orthe applications or software you d like to use we do wantto remind you that Sprint is not able to help you troubleshoot issues connected with youruse 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 otherthan Sprint And Sprint is not liable forthe websites you visit oranything you download or cause to be downloaded to your devic
44. one numberto another carrier you have no and cannot gain any for example through publication v 7 1 13 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 Your CDMA Sprint PCS phone may have software programming lock that protects certain of the handset s operating parameters against unauthorized reprogramming If your device has a Software programming lock and you wish to obtain the Software program lock code for your CDMA Sprint PCS phone please visit sprint com or call 1 888 211 4727 forinformation and eligibility requirements Porting Transferring Phone Numbers We don t guarantee that number transfers to or from us will be successful If you authorize another carrierto transfera number away from us then that is considered arequest by you to us to terminate all of the Services associated with that number You re responsible for all charges billed or incurred priorto deactivation and for any applicable Early Termination Fees General Terms and Conditions of Service 23 Coverage Where Your Device Will Work Service Speeds Our coverage maps are available at our authorized retail locations and on sprint com The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services you ve chosen
45. plan nationwide international or group push to talk calls may use the local push to talk minutes in your plan and result in additional or different charges Responses to call alert transmissions are treated as new push to talk v 7 1 13 transmissions even when responding within 6 seconds of receiving the alert Push to talk billing methods are subject to change as we introduce new push to talk Services Data Usage Unless we 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 ona fixed price per KB and you may be subjectto 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 forall data directed to your Device s Internet address including data sessions you did not initiate and forincomplete transfers As long as your Device v 7 1 13 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 fil
46. s or other representatives b you bring against a third party such as a retailer or equipment manufacturer that are based on relate to or arise out of in any way our Services orthe Agreement or c that Sprint brings against you Disputes also include but are not limited to i claims in any way related to orarising out of any aspect of the relationship between you and Sprint whether based in contract tort statute fraud misrepresentation advertising claims or any other legal theory ii claims that arose before this Agreement or out of a prior Agreement with Sprint iii claims that are subject to on going litigation 38 General Terms and Conditions of Service where you are not a party or class member and or iv claims that arise afterthe termination of this Agreement Dispute Notice and Dispute Resolution Period Before initiating an arbitration ora small claims matter you and Sprint each agree to first provide to the othera written notice Notice of Dispute which shall contain a a written description of the problem and relevant documents and supporting information and b a statement of the specific relief sought A Notice of Dispute to Sprint should be sentto General Counsel Arbitration Office 12502 Sunrise Valley Drive Mailstop VARESA0202 2C682 Reston Virginia 20191 Sprint will provide a Notice of Dispute to you in accordance with the Providing Notice To Each Other UnderThe Agreement section ofthi
47. s Agreement Sprint will assign a representative to work with you and try to resolve your Dispute to your satisfaction You and Sprint agree to make attempts to resolve the Dispute priorto commencing an arbitration or small claims action v 7 1 13 If an agreement cannot be reached within forty five 45 days of receipt of the Notice of Dispute you or Sprint may commence an arbitration proceeding or small claims action ArbitrationTerms Process Rules and Procedures 1 Unless you and Sprint agree otherwise the arbitration will be conducted by a single neutral arbitrator and will take place in the county of the last billing address of the Service The arbitration will be governed by either a rules that we mutually agree upon or b the JAMS Comprehensive Arbitration Rules amp Procedures the JAMS Rules as modified by this agreement to arbitrate including the rules about the filing administration discovery and arbitratorfees The JAMS rules are available on its website at jamsadr com Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen by agreement to govern the arbitration we each agree that all issues regarding the Dispute are delegated to the arbitratorto 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
48. sible to provide advance notice of new Surcharges or changes in the amount of existing Surcharges Information on Surcharges is provided during the sales transaction and is available on our website Disputing Charges You Must Still Pay Undisputed Charges Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the charge Disputes can only be made by calling orwriting us as directed on yourinvoice orelsewhere 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 amp Services We can take any action to 1 protect our networks our rights and interests or the rights of others or 2 General Terms and Conditions of Service 31 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 o
49. sing 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 rightto later enforce that requirement Except as the Agreement specifically provides otherwise if any part ofthe Agreementis held invalid or unenforceable the rest of this Agreement remains in full force and effect This Agreement isn t forthe benefit of any third 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 underit unless we agree to the assignment We can assign the Agreement without notice You cannot in any manner resell the Services to another party The Agreement and the documents it incorporates make up the entire agreement between us and replaces all v 7 1 13 prior written or spoken agreements you can t rely on any contradictory documents or statements by sales orservice representatives The rights obligations and commitments in the Agreement that by their nature would logically continue beyond the termination of Services for example those relating to billing payment 911 dispute resolution no class action no jury trial survive termination of Services End General Terms and Conditions of Service V 7 1 13 General Terms and Conditions of Service 43 44 Page inte
50. thquake hurricane etc riot strike war terrorism or government orders or acts You should implement appropriate safeguards to secure your Device computer or equipment and to back up your information stored on each You Agree That Our Liability Is Limited No Consequential Damages TO THE EXTENT ALLOWED BY LAW OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THATYOU MAY HAVE AGAINST US IS LIMITED TO NO MORETHAN THE PROPORTIONATEAMOUNT OFTHE SERVICE CHARGES ATTRIBUTABLETO THE AFFECTED PERIOD UNDER NO CIRCUMSTANCES AREWELIABLE 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 v 7 1 13 LOST PROFITS LOSS OF BUSINESS OR COST OF REPLACEMENT PRODUCTS AND SERVICES DISPUTE RESOLUTION AND ARBITRATION PLEASE READTHIS CAREFULLY IT AFFECTS YOUR RIGHTS In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care you and Sprint each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below If the dispute is not resolved you and Sprint agree that the dispute will be resolved through individual binding arbitration or small claims court instead of courts of general jurisdiction Mandatory Arbitration and Waiverof Cl
51. tices etc Your paper bill may not include itemized billing detail More specific billing information is available online Paper bills may be subject to an additional charge Unless prohibited by law other charges for example data Services ortaxes and surcharges will not include itemized detail but will be listed as total charges fora 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 30 General Terms and Conditions of Service 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 ofathird 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 Acceptance of payments even if marked paid in full does not waive ourright to collect all amounts that you owe us We may restrict your payment methods to cashier s check money order or other similar secure form of payment at any time for good reason Taxes amp Government F
52. ve a credit or refund for any unused Services Except as provided above if you are subjectto an Early Termination Fee v 7 1 13 you mustalso pay the invoiced EarlyTermination Fee foreach line of Service that you terminate early Credit Checks amp Credit Information We agree to provide you Services on the condition that you have and maintain satisfactory credit according to our standards and policies You agree to provide information that we may request or complete any applications that we may provide you to facilitate our review We rely on the credit information you furnish credit bureau reports or other data available from commercial credit reference services and other information such as payment history with us to determine whether to provide or continue to provide you Services The Services we offer you can vary based on your credit history We may at any time based on your credit history withdraw or change Services or place limits or conditions on the use of our Services You agree to provide us updated credit information upon request We may provide your payment history and other account billing charge information to any credit reporting agency or industry clearinghouse General Terms and Conditions of Service 21 Account Spending Limits ASL An ASLis a temporary or permanent limit typically based on credit history payment history orto prevent fraud that we place on the amount of unpaid charges you can accu
53. witnesses Sprint will pay for any filing or case management fees associated with the arbitration and the professional fees forthe arbitrator s services b An arbitrator s award will be a written statement ofthe 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 Thearbitrator s decision and award is final and binding with some limited court review underthe FAA and judgment on the award may be entered in any court with jurisdiction 6 As an alternative to arbitration we may resolve Disputes in small claims court in the county of your most recent billing address In addition this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal state orlocal government agency Such agencies can ifthe law allows seek relief against Sprint on your behalf No Trial By Jury and No Class Action IF FOR ANY REASON A CLAIM ARISING OUT OFOR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION REGARDLESS OF WHETHER THE CLAIM IS AN ACTION COUTERCLAIM OR ANY OTHER COURT PROCEEDING WE EACH AGREE THATTO THE EXTENT ALLOWED BY LAW THERE WILL NOTBEAJURYTRIALOR CLASS ACTION AND WE 40 General Terms and Conditions of Service v 7 1 13 EACH UNCONDITIONALLY 1 WAIVE ANY RIGHTTO TRIAL BY JURY AND 2 WAIVE ANY RIGHTTO PURSUE DISPUTES ON A CLASSWIDE BASIS INCLUDING JOIN
54. y commercial use of modify reverse engineer decompile or disassemble the software Sprint may revoke this license at any time Fees Activation amp Miscellaneous Charges Based on our Policies we may charge activation prepayment reactivation program or otherfees v 7 1 13 to establish change or maintain Services Certain transactions may also be subject to a charge for example convenience payment changing phone numbers handset upgrades etc You will be provided notice of these types of fees before we complete the requested transaction Account amp Service Charges You are responsible forall charges associated with youraccount and the Services on youraccount no matter who adds oruses the Services Charges include but are not limited to the monthly recurring charges usage charges charges for additional services taxes surcharges and fees associated with your Services These charges are described or referred to during the sales transaction in our marketing materials and in confirmation materials that we may send to you Depending on your Services charges for additional services may include operator and directory assistance voicemail call forwarding data calls texts and Web access If you the account holder allow end users to access or use your Devices you authorize v 7 1 13 end users to access download and use Services You may have the opportunity to purchase Services on a subscription basis
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