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Samsung SPH-L710RWBSPR Information Booklet

1. Payment is due in full as stated on your bill If we do not receive payment in full by the date specified on your bill a late payment charge which may be charged at the highest rate permissible by law may be applied to the total unpaid balance We may also charge you any costs we pay to acollection agency to collect unpaid balances from you If we bill you for amounts on behalf of a third party payments received are first applied to our charges You may be charged additional fees for certain methods of payment We may charge you up to the highest amount permitted by law for returned checks or other payments paid by you and denied for any reason by a financial institution Acceptance of payments even if marked paid in full does not waive our right to collect all amounts that you owe us We v 7 1 13 General Terms and Conditions of Service 81 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 Fees You agree to pay all federal state and local taxes fees and other assessments that we re required by law to collect and remit to the government on the Services that we provide to you These charges may change from time to time without advance notice If you re claiming any tax exemption you must provide us with a valid exemption certificate Tax exemptions generally won t be applied retroactively Surcharge
2. 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 nocontrol 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 or the applications or software you d like to use we do want to remind you that Sprint is not able to help you troubleshoot issues connected with your use of non Sprint applications or software such as the ones you may select and download to your device Sprint also will not be able to provide you credits for applications or software that you download from sources other than Sprint And Sprint is not liable for the websites you visit or anything you download or cause to be downloaded to your device Damage related to websites visited or downloads to your device may Important Me
3. Interphone Study Interphone is a large international study designed to determine whether cell phones increase the risk of head and neck cancer A report published in the International Journal of Epidemiology June 2010 compared cell phone usage for more than 5 000 people with brain tumors glioma and meningioma and a similar number of healthy controls Results of this study did NOT show that cell phones caused brain cancer In this study most people had no increased risk of brain cancer from using cell phones For people with the heaviest use of cell phones an average of more than hour per day every day for over 10 years the study suggested a slight increase in brain cancer However the authors determined that biases and errors prevented any conclusions being drawn from this data Additional Important Health and Safety Information 9 information about Interphone can be found at www iarc fr en media centre pr 2010 pdfs pr200 E pdf Interphone is the largest cell phone study to date but it did not answer all questions about cell phone safety Additional research is being conducted around the world and the FDA continues to monitor developments in this field International Cohort Study on Mobile Phone Users COSMOS The COSMOS study aims to conduct long term health monitoring of a large group of people to determine if there are any health issues linked to long term exposure to radio frequency energy from cel
4. Commitment your Services continue on amonth to month basis under the then current Terms and Conditions and Service policies Services offered ona 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 for an Early Termination Fee for terminating Services early 66 General Terms and Conditions of Service v 7 1 13 When You Don t Have To Pay An Early Termination Fee You aren t responsible for paying an Early Termination Fee when terminating Services a provided on a month to month basis b provided on a subscription basis that do not include a Term Commitment c consistent with our published trial period return policy or d in response to a materially adverse change that we make to the Agreement as described directly below Our Right To Change The Agreement 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 or your terms of Service If you lose your eligibility fora particular rate plan or if a particular rate planis 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
5. NIOSH www cdce gov niosh World Health Organization WHO wwwwho int peh emf en e International Commission on Non lonizing Radiation Protection www icnirp de Health Protection Agency www hpa org uk Topics Radiation e US Food and Drug Administration www fda gov Radiation EmittingProducts RadiationEmittingProductsandProcedures HomeBusinessandEntertainment CellPhones default htm 14 Important Health and Safety Information Specific Absorption Rate SAR Certification Information Your wireless phone 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 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
6. PROFITS OR BENEFITS 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 Approved 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 menutree 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 ELEC
7. 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 of the Service and any information you submit post transmit or make available via the Service failing to provide appropriate notices regarding location enabled services see Location Enabled Services section failure to safeguard your passwords backup question to your shared secret question or other account information or violating this Agreement or any policy referenced in this Agreement any applicable law or regulation or the rights of any third party Providing Notice To Each Other Under The Agreement Except as the Agreement 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 v 7 1 13 General Terms and Conditions of Service 95 voice message on your Device or any other phone number you ve provided us or by text message on your Device Contacting You Regarding Billing and Coll
8. 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 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS ACLASS 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 v 7 1 13 General Terms and Conditions of Service 93 class proceeding If any portion of this provision is found to be unenforceable then the entirety of this arbitration provision shall be null and void 4 We each are responsible for our respective costs including our respective counsel experts and witnesses Sprint will pay for any filing or case management fees associated with the arbitration and the professional fees for
9. FCC Rules Operation is subject to the following two conditions 1 This device may not cause harmful interference and 2 this device must accept any interference received including interference that may cause undesired operation Note This equipment has been tested and found to comply with the limits for a Class B digital device pursuant to part 15 of the FCC Rules These limits are designed to provide reasonable protection against harmful interference in a residential installation This equipment generates uses and can radiate radio frequency energy and if not installed and used in accordance with the instructions may cause harmful interference to radio communications However there is no guarantee that interference will not occur in a particular Important Health and Safety Information 17 installation If this equipment does cause harmful interference to radio or television reception which can be determined by turning the equipment off and on the user is encouraged to try to correct the interference by one or more of the following measures e Reorient or relocate the receiving antenna Increase the separation between the equipment and receiver Connect the equipment into an outlet on acircuit different from that to which the receiver is connected Consult the dealer or an experienced radio TV technician for help Commercial Mobile Alerting System CMAS This device is also designed to receive CMAS
10. and eligibility requirements Porting Transferring Phone Numbers We don t guarantee that number transfers to or from us will be successful If you authorize another carrier to transfer 72 General Terms and Conditions of Service v 7 1 13 a number away from us then that is considered a request by you to us to terminate all of the Services associated with that number You re responsible for all charges billed or incurred prior to deactivation and for any applicable Early Termination Fees 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 Our coverage maps provide high level estimates of our coverage areas when using Services outdoors under optimal conditions Coverage isn t available everywhere Coverage and Service speeds are not guaranteed Coverage is subject to change without notice Service speeds may depend on the Service purchased Actual speeds will vary Estimating wireless coverage signal strength and Service speed is not an exact science There are gaps in coverage within our estimated coverage areas that along with other factors both within and beyond our control for example network problems network or Internet congestion software signal strength your Device structures buildings
11. connection the Software will access through your mobile network which may result in additional charges depending on your payment plan In addition your enjoyment of some features of the Software may be affected by the suitability and performance of your device hardware or data access 54 Manufacturer s Warranty 7 SOFTWARE TRANSFER You may not transfer this EULA or the rights to the Software granted herein to any third party unless it is in connection with the sale of the mobile device which the Software accompanied In such event the transfer must include all of the Software including all component parts the media and printed materials any upgrades this EULA and you may not retain any copies of the Software The transfer may not be an indirect transfer such as a consignment Prior to the transfer the end user receiving the Software must agree to all the EULA terms 8 EXPORT RESTRICTIONS You acknowledge that the Software is subject to export restrictions of various countries You agree to comply with all applicable international and national laws that apply to the Software including all the applicable export restriction laws and regulations 9 TERMINATION This EULA is effective until terminated Your rights under this License will terminate automatically without notice from Samsung if you fail to comply with any of the terms and conditions of this EULA Upon termination of this EULA you must cease all use of t
12. holsters Combinations of these can be used to reduce RF energy absorption from cell phones Headsets can substantially reduce exposure because the phone is held away from the head in the user s hand or in approved body worn accessories Cell phones marketed in the U S are required to meet RF exposure compliance requirements when used against the head and against the body Because there are no known risks from exposure to RF emissions from cell phones there is no reason to believe that hands free kits reduce risks Hands free kits can be used for convenience and comfort They are also required by law in many states if you want to use your phone while driving 12 Important Health and Safety Information Cell Phone Accessories that Claim to Shield the Head from RF Radiation Because there are no known risks from exposure to RF emissions from cell phones there is no reason to believe that accessories which claim to shield the head from those emissions reduce risks Some products that claim to shield the user from RF absorption use special phone cases while others involve nothing more thana metallic accessory attached to the phone Studies have shown that these products generally do not work as advertised Unlike hands free kits these so called shields may interfere with proper operation of the phone The phone may be forced to boost its power to compensate leading to an increase in RF absorption Children an
13. information when using your mobile device Important Health and Safety Information 25 WARNING REGARDING DISPLAY The display on your mobile device is made of glass or acrylic and could break if your mobile device is dropped or if it receives significant impact Do not use if screen is broken or cracked as this could cause injury to you WARRANTY DISCLAIMER PROPER USE OF A TOUCH SCREEN MOBILE DEVICE If your mobile device has a touch screen display please note that a touch screen responds best to a light touch from the pad of your finger or anon metallic stylus Using excessive force or a metallic object when pressing on the touch screen may damage the tempered glass surface and void the warranty For more information please refer to the Standard Limited Warranty GPS amp AGPS 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 da
14. kilogram W kg The FCC requires wireless phones to comply witha a limit of 1 6 watts per kilogram 1 6 W g 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 with the phone transmitting at its highest certified power level in all tested frequency bands Although the SAR is determined at the highest certified power level the actual Important Health and Safety Information 15 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 toa wireless base station antenna the lower the power output of the phone Before anew model phone 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 phone has been tested and meets FCC RF exposure guidelines when used with an accessory that contains no metal and that positions the mobile device a minimum of 1 0 cm from the body Use of other accessories may not ensure compliance
15. not covered This Limited Warranty is conditioned upon proper use of the Product This Limited Warranty does not cover a defects or damage resulting from accident misuse abnormal use abnormal conditions improper storage exposure to liquid moisture dampness sand or dirt neglect or unusual physical electrical or electromechanical stress b scratches dents and cosmetic damage unless caused by SAMSUNG c defects or damage resulting from excessive force or use of a metallic object when pressing ona touch screen d equipment that has Manufacturer s Warranty 43 the serial number or the enhancement data code removed defaced damaged altered or made illegible e ordinary wear and tear f defects or damage resulting from the use of Product in conjunction or connection with accessories products or ancillary peripheral equipment not furnished or approved by SAMSUNG g defects or damage resulting from improper testing operation maintenance installation service or adjustment not furnished or approved by SAMSUNG including but not limited to installation of unauthorized software and unauthorized root access both of which shall void this limited warranty h defects or damage resulting from external causes such as collision with an object fire flooding dirt windstorm lightning earthquake exposure to weather conditions theft blown fuse or improper use of any electrical source i defects o
16. 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 corporate parents affiliates subsidiaries agents and predecessors and successors in interest You can t assign the Agreement or any of your rights or duties under it unless we agree to the assignment We can assign the Agreement without notice You cannot in any manner resell the Services to another party The Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements you can t rely on any contradictory documents or statements by sales or service representatives The rights obligations and commitments in the Agreement that by their nature would logically continue beyond the termination of Services for example those relating to billing payment 911 dispute resolution no class action no jury trial survive termination of Services End General Terms and Conditions of Service v 7 1 13 General Terms and Conditions of Service 97 98 Important Message from Sprint Important Information about this device s
17. s Warranty 51 Certain items of the Software may be subject to open source licenses The open source license provisions may override some of the terms of this EULA We make the applicable open source licenses available to you on the Legal Notices section of the Settings menu of your device 2 RESERVATION OF RIGHTS AND OWNERSHIP Samsung reserves all rights not expressly granted to you in this EULA The Software is protected by copyright and other intellectual property laws and treaties Samsung or its suppliers own the title copyright and other intellectual property rights in the Software The Software is licensed not sold 3 LIMITATIONS ON END USER RIGHTS You may not reverse engineer decompile disassemble or otherwise attempt to discover the source code or algorithms of the Software except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation or modify or disable any features of the Software or create derivative works based on the Software You may not rent lease lend sublicense or provide commercial hosting services with the Software 4 CONSENT TO USE OF DATA You agree that Samsung and its affiliates may collect and use technical information gathered as part of the product support services related to the Software provided to you if any such as IMEI your device s unique identification number device number model name customer code acce
18. the FDA has urged the cell phone industry to take a number of steps including the following Support needed research on possible e Design cell phones in a way that minimizes any RF exposure to the user and Cooperate in providing users of cell phones with the current information on cell phone use and human health concerns The FDA also is working with voluntary standard setting bodies such as the Institute of Electrical and Electronics Engineers IEEE the International Commission on Non lonizing Radiation Protection ICNIRP and others to assure that safety standards continue to adequately protect the public Reducing Exposure Hands Free Kits and Other Accessories Steps to Reduce Exposure to Radio biological effects of RF for the type of Frequency Energy signal emitted by cell phones Important Health and Safety Information 11 If there is a risk from being exposed to radio frequency energy RF from cell phones and at this point we do not know that there is itis probably very small But if you are concerned about avoiding even potential risks you can take a few simple steps to minimize your RF exposure e Reduce the amount of time spent using your cell phone e Use speaker mode or a headset to place more distance between your head and the cell phone Hands Free Kits Hands free kits may include audio or Bluetooth headsets and various types of body worn accessories such as belt clips and
19. the mobile device does get wet do not accelerate drying with the use of an oven microwave or dryer because this may damage the mobile device and could cause a fire or explosion Do not use the mobile device with a wet hand Doing so may cause an electric shock to you or damage to the mobile device Extreme heat or cold Avoid temperatures below 0 C 32 F or above 45 C 113 F Microwaves Do nottry to dry your mobile device ina microwave oven Doing so may cause a fire or explosion Dust and dirt Do not expose your mobile device to dust dirt or sand 30 Important Health and Safety Information Cleaning solutions Do not use harsh chemicals cleaning solvents or strong detergents to clean the mobile device Wipe it with a soft cloth slightly dampened in a mild soap and water solution If the mobile device has a retractable camera lens do not use soap and water to clean the lens Use a blower or brush or lens cleaning paper dampened in a lens cleaning solution Shock or vibration Do not drop knock or shake the mobile device Rough handling can break internal circuit boards Paint Do not paint the mobile device Paint can clog the device s moving parts or ventilation openings and prevent proper operation Responsible Listening Caution Avoid potential hearing loss Damage to hearing occurs when a person is exposed to loud sounds over time The risk of hearing loss increases as sound is played loud
20. to a trial by jury or to participate ina 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 ina 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 General Terms and Conditions of Service v 7 1 13 and relief including any attorneys fees authorized by law Disputes shall include but are not limited to any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement including but not limited to coverage Devices billing services and practices 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 Services or the Agreement or c that Sprint bring
21. version of the terms is available at our website at sprint com termsandconditions or upon request Para solicitar esta literatura en espanol por favor contactar a 1 800 777 4681 o visitar a sprint com espanol Basic Definitions In this document 1 we us our and Sprint mean Sprint Solutions Inc as contracting agent on behalf of the applicable Sprint affiliated entities providing the products and Services 2 vou your customer and user mean an account holder with us or any user of our Devices or Services 3 Device means any phone aircard mobile broadband device any other device accessory or other product that we provide you we sell to you or is active on your account with us and 4 Service means Sprint branded offers rate plans options wireless services billing services applications programs products software or Devices on your account with us Service s also includes any other product or service that we offer or provide to you that references these General Terms and Conditions of Service Ts 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 v 7 1 13 General Terms and Conditions of Service 63 and conditions that you accept THIS AGREEMENT CONTAINS A MANDATORY ARBITRATI
22. weather geography topography server speeds of the websites you access actions of third parties etc may result in dropped and blocked connections slower Service speeds or otherwise impact the quality of Service Services that rely on location information such as E911 and GPS navigation depend on your Device s ability to acquire satellite v 7 1 13 General Terms and Conditions of Service 73 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 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 wai
23. wireless phones The FDA publication includes the following information Do cell phones pose a health hazard Many people are concerned that cell phone radiation will cause cancer or other serious health hazards The weight of scientific evidence has not linked cell phones with any health problems Cell phones emit low levels of Radio Frequency RF energy Over the past 15 years scientists have conducted hundreds of studies looking at the biological effects of the radio frequency energy emitted by cell phones While some researchers have reported biological changes associated with RF energy these studies have failed to be replicated The majority of studies published have failed to show an association between exposure to radio frequency from a cell phone and health problems The low levels of RF cell phones emit while in use are in the microwave frequency range They also emit RF at substantially reduced time intervals when in the stand by mode Whereas high levels of RF can produce health effects by heating tissue exposure to low level RF that does not produce heating effects causes no known adverse health effects The biological effects of radio frequency energy should not be confused with the effects from other types of electromagnetic energy Very high levels of electromagnetic energy such as is found in X rays and gamma rays can ionize biological tissues lonization is a process where electrons are stripped
24. 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 0 96 W Kg Simultaneous Transmission Body 1 39 W Kg The SAR information for this device can also be found on Samsung s website Wwww samsung com sar SAR information on this and other model phones can be accessed online on the FCC s website through http transition fcc gov oet rfsafety sar html To find 16 Important Health and Safety Information information that pertains to a particular model phone this site uses the phone FCC ID number which is usually printed somewhere on the case of the phone Sometimes it may be necessary to remove the battery pack to find the number Once you have the FCC ID number for a particular phone 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 FCC Part 15 Information to User Pursuant to part 15 21 of the FCC Rules you are cautioned that changes or modifications not expressly approved by Samsung could void your authority to operate the device This device complies with part 15 of the
25. D or Serial Number as applicable if you have it the IMEI or MEID or Serial Number can be found i on the device box ii on the device information screen which can be found under Settings iii on a label on the back of the device beneath the battery if the battery is removable and iv on the outside of the device if the battery is not removable Alternatively you may opt out by calling 1 888 987 4357 no later than 30 calendar days from the date of the first consumer purchaser s purchase of the device and providing the same information These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure Opting out of this dispute resolution procedure will not affect your use of the device or its preloaded Software and you will continue to enjoy the benefits of this license 17 ENTIRE AGREEMENT SEVERABILITY This EULA is the entire agreement between you and Samsung relating to the Software and supersedes all prior or contemporaneous oral or written communications proposals and representations with respect to the Software or any other subject matter covered by this EULA If any provision of this EULA is held to be void invalid unenforceable or illegal the other provisions shall continue in full force and effect 050113 62 Manufacturer s Warranty General Terms and Conditions of Service Please note that these terms may not be the most current version A current
26. FROM THIS EULA OR YOUR USE OF THE SOFTWARE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION AND NOT BY A COURT OR JURY Any such dispute shall not be combined or consolidated with any other person s or entity s claim or dispute and specifically without limitation of the foregoing shall not under any circumstances proceed as part of a class action The arbitration shall be conducted before a single arbitrator whose award may not exceed in form or amount the relief allowed by the applicable law The arbitration shall be conducted according to the American Arbitration Association AAA Commercial Arbitration Rules applicable to consumer disputes This arbitration provision is entered pursuant 60 Manufacturer s Warranty to the Federal Arbitration Act The laws of the State of Texas without reference to its choice of laws principles shall govern the interpretation of the EULA and all disputes that are subject to this arbitration provision The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the EULA For any arbitration in which your total damage claims exclusive of attorney fees and expert witness fees are 5 000 00 or less Small Claim the arbitrator may if you prevail award your reasonable attorney fees expert witness fees and costs as part of any award but may not grant Samsung its attorney fees expert witness fees or costs unless it i
27. Important Information for the Samsung Galaxy S III Important Health and Safety Information page 7 Manufacturer s Warranty page 43 General Terms and Conditions of Service page 63 Important Message from Sprint page 98 samsung GALAXY Sill Sprint Y Note This product contains chemicals known to the State of California to cause cancer and reproductive toxicity 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 there to 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 works of authorship You may not infringe or otherwise violate the rights secured by 2 the Intellectual Property Moreover you agree that you will not and will not attempt to modify prepare derivative works of reverse engineer decompile disassemble or otherwise attempt to create source code from the software No title to or ownership inthe Intellectual Property is transferred to you All applicable rights of the Intellectual Property shall remain with SAMSUNG and its s
28. Institute on Deafness and Other Communication Disorders National Institutes of Health 31 Center Drive MSC 2320 Bethesda MD 20892 2320 Email nidcdinfo nih gov Internet www nidcd nih gov Important Health and Safety Information 33 National Institute for Occupational Safety and Health NIOSH 395 E Street S W Suite 9200 Patriots Plaza Building Washington DC 20201 Voice 1 800 35 NIOSH 1 800 356 4674 1 800 CDC INFO 1 800 232 4636 Outside the U S 513 533 8328 Email cdcinfo cdc gov Internet www cdc gov niosh topics noise default html 1 888 232 6348 TTY Operating Environment Remember to follow any special regulations in force in any area and always switch your mobile device off whenever it is forbidden to use it or when it may cause interference or danger When connecting the mobile device or any accessory to another device read its user s guide for detailed safety instructions Do not connect incompatible products Using Your Mobile Device Near Other Electronic Devices Most modern electronic equipment is shielded from Radio Frequency RF signals However certain electronic equipment may not be shielded against the RF signals from your wireless mobile device Consult the manufacturer to discuss alternatives 34 Important Health and Safety Information Implantable Medical Devices A minimum separation of six 6 inches should be maintained between a handheld wireless mobile device a
29. ON PROVISION WITH A CLASS WAIVER A REPRESENTATIVE ACTION WAIVER AND A JURY WAIVER PROVISION In addition to these Ts amp 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 and invoices that we may provide to you and iv the terms set forth in the coverage map brochures It is important that you carefully read all of the terms of the Agreement Additional Terms Additional terms will apply when you use certain applications programs Devices and services and these terms will be provided to you prior to your use of the items Depending on who provides the items the terms may come from Sprint or a third party You are subject to any terms provided by the third party and the terms are directly between you and that third party Sprint is not responsible for these third party items and associated terms Additional terms will also apply if you activate Services as part of a
30. RATION OF THIS LIMITED WARRANTY INNO EVENT SHALL SAMSUNG BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR WITHOUT LIMITATION COMMERCIAL LOSS OF ANY SORT LOSS OF USE TIME DATA REPUTATION OPPORTUNITY GOODWILL PROFITS OR SAVINGS INCONVENIENCE INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU SAMSUNG MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED STATUTORY OR OTHERWISE AS TO THE QUALITY CAPABILITIES OPERATIONS PERFORMANCE OR SUITABILITY OF ANY THIRD PARTY SOFTWARE OR EQUIPMENT USED INCONJUNCTION WITH THE PRODUCT OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT WHETHER SUCH THIRD PARTY SOFTWARE 46 Manufacturer s Warranty OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY SAMSUNG OR OTHERWISE RESPONSIBILITY FOR THE QUALITY CAPABILITIES OPERATIONS PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR OWNER OR SUPPLIER OF SUCH THIRD PARTY SOFTWARE OR EQUIPMENT Nothing in the Product instructions or information shall be construed to create an express warranty of any kin
31. SAMSUNG s employees representatives and affiliates if any such claim arises from the Product s sale condition or performance You may opt out of this dispute resolution procedure by providing notice to SAMSUNG nolater than 30 calendar days from the date of the first consumer purchaser s purchase of the Product To opt out you must send notice by e mail to optout sta samsung com with the subject line Arbitration Opt Out You must include in the opt out e mail a your name and address b the date on which the Product was purchased c the Product model name or model number and d the IMEI or MEID or Serial Number as applicable if you have it the IMEI or MEID or Serial Number can be found i onthe Product box ii on the Product Manufacturer s Warranty information screen which can be found under Settings iii on a label on the back of the Product beneath the battery if the battery is removable and iv on the outside of the Product if the battery is not removable Alternatively you may opt out by calling 1 888 987 4357 no later than 30 calendar days from the date of the first consumer purchaser s purchase of the Product and providing the same information These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way and you will contin
32. TRONICS CO LTD SAMSUNG TELECOMMUNICATIONS AMERICA LLC AND 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 INFORMATION TECHNOLOGY SECURITY PROTECTION SAFE DEVICES OR APPLICATIONS TESTED WITH SAFE DEVICES In addition information technology security protection will be affected by features or functionality 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 smartphone and G
33. Y KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SOFTWARE OR ANY THIRD PARTY APPLICATION ITS CONTENT OR FUNCTIONALITY INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS OMISSIONS INTERRUPTIONS DEFECTS DELAY IN OPERATION OR TRANSMISSION COMPUTER VIRUS FAILURE TO CONNECT NETWORK CHARGES IN APP PURCHASES AND ALL OTHER DIRECT INDIRECT SPECIAL INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE 58 Manufacturer s Warranty ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU NOTWITHSTANDING THE FOREGOING SAMSUNG ELECTRONIC CO S TOTAL LIABILITY TO YOU FOR ALL LOSSES DAMAGES CAUSES OF ACTION INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT TORT OR OTHERWISE ARISING OUT OF YOUR USE OF THE SOFTWARE OR THIRD PARTY APPLICATIONS ON THIS MOBILE DEVICE OR ANY OTHER PROVISION OF THIS EULA SHALL NOT EXCEED THE AMOUNT PURCHASER PAID SPECIFICALLY FOR THIS MOBILE DEVICE OR ANY SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED WITH THIS MOBILE DEVICE THE FOREGOING LIMITATIONS EXCLUSIONS AND DISCLAIMERS INCLUDING SECTIONS 10 11 12 AND 13 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE 14 U S GOVERNMENT END USERS RESTRICTED RIGHTS The S
34. alaxy Tab devices are sold 101212 Samsung Telecommunications America STA LLC Headquarters 1301 E Lookout Drive Richardson TX 75082 Customer Care Center 1000 Klein Rd Plano TX 75074 Toll Free Tel 1 888 987 HELP 4357 Internet Address www samsung com 2014 Samsung Telecommunications America LLC 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 Important Health and Safety Information 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 Read this information before using your mobile device This device is capable of operating in Wi Fi mode in the 2 4 and 5 GHz bands The FCC requires that devices operating within 5 15 5 25 GHz may only be used indoors not outside in order to avoid interference with Mobile Satellite Services MSS Therefore this device is restricted from being used outdoors when operating in frequencies between 5 15 5 25 GHz Important Health and Safety Information Exposure to Radio Frequency RF Signals The U S Food and Drug Administration FDA has published information for consumers relating to Radio Frequency RF exposure from
35. alerts 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 18 Important Health and Safety Information Smart Practices While Driving On the Road Off the Phone The primary responsibility of every driver is the safe operation of his or her vehicle Responsible drivers understand that no secondary task should be performed while driving whether it be eating drinking talking to passengers or talking ona mobile phone unless the driver has assessed the driving conditions and is confident that the secondary task will not interfere with their primary responsibility Do not engage in any activity while driving a moving vehicle which may cause you to take your eyes off the road or become so absorbed in the activity that your ability to concentrate on the act of driving becomes impaired Samsung is committed to promoting responsible driving and giving drivers the tools they need to understand and address distractions Check the laws and regulations on the use of mobile devices and their accessories in the areas where you drive Always obey them The use of these devices may be prohibited or restricted in certain areas For example only hands free us
36. away from their normal locations in atoms and molecules It can permanently damage biological tissues including DNA the genetic material The energy levels associated with radio frequency energy including both radio waves and microwaves are not great enough to cause ionization of atoms and molecules Therefore RF energy is a type of non ionizing radiation Other types of non ionizing radiation include visible light infrared radiation heat and other forms of electromagnetic radiation with relatively low frequencies While RF energy does not ionize particles large amounts can increase body temperatures and cause tissue damage 8 Important Health and Safety Information Two areas of the body the eyes and the testes are particularly vulnerable to RF heating because there is relatively little ae flow in them to carry away excess eat Research Results to Date Is there a connection between RF and certain health problems The results of most studies conducted to date say no In addition attempts to replicate and confirm the few studies that have shown a connection have failed The scientific community at large therefore believes that the weight of scientific evidence does not show an association between exposure to Radio Frequency RF from cell phones and adverse health outcomes Still the scientific community has supported additional research to address gaps in knowledge Some of these studies are described below
37. basis for your Update eligibility The updated Software version may add new functions and insome limited cases may delete existing functions Manufacturer s Warranty 53 While the Update will be generally available insome limited circumstances the Software updates will only be offered by your network carrier and such Software updates will be governed by your contractual relationship with your network carrier With the Automatic Update function enabled as in the default setting in the System Update menu in the Setting your device downloads some Updates automatically from time to time Your device will however ask for your consent before installing any Update If you choose to disable the Automatic Update function then you can check the availability of new Updates by clicking on the Check Update menu in the Setting We recommend that you check availability of any new Updates periodically for optimal use of your device If you want to avoid any use of network data for the Update downloads then you should choose the Wi Fi Only option in the Setting Regardless of the option you choose the Automatic Update function downloads Updates only through Wi Fi connection 6 Some features of the Software may require your device to have access to the internet and may be subject to restrictions imposed by your network or internet provider Unless your device is connected to the internet through Wi Fi
38. bill cycle Information regarding your bill cycle for subscription Services will be provided when you order the Services For Services offered on a per day basis you will generally be charged for use before or at the time of use In certain instances we may charge you at some point after you use the Services Unless otherwise disclosed Services offered on a per day basis end 24 hours after Service is initiated How We Calculate Your Charges For Billing Purposes Regular Voice Calls We round up partial minutes of use to the next full minute Time starts when you press Talk or your Device connects to the network and stops when you press End or the network connection otherwise breaks You re charged for all calls that connect even to answering machines voicemail or voice transcription services You won t be charged for unanswered calls or if you get a busy signal For incoming calls answered you re charged from the time shortly before the Device starts ringing until you press End or the network connection otherwise breaks If charges vary depending on the time of day that you place or receive calls for example Nights and Weekend plans you re charged for the entire call based on the rate that applies to the time period in which the call starts Call time for a single call may be subject to a maximum duration and may be automatically terminated if the maximum duration is exceeded Rates 78 General Terms and C
39. bundle with another company s services for example cable services home phone services 64 General Terms and Conditions of Service v 7 1 13 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 our Services You will be provided details on any additional terms with your selection of any bundled Service For employee 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 or your organization s agreement with Sprint ends Additional terms and eligibility requirements regarding organization discounts will be provided to you Our Policies Services are subject to our business policies practices and procedures Policies You agree to adhere to all of our Policies when you use our Services Our Policies are subject to change at anytime with or without notice When You Accept The Agreement You must have the legal capacity to accept the Agreement You accept the Agreement when you do any of the following a accept the Agreement throu
40. cle is mounted and operating properly e When using a headset in dry environments static electricity can build up in the headset and cause a small quick static electrical shock To minimize the risk of electrostatic discharge from the headset avoid using the headset in extremely dry environments or touch a grounded unpainted metal object to discharge static electricity before inserting the headset Do not store or carry flammable liquids gases or explosive materials in the same compartment as the mobile device its parts or accessories For vehicles equipped with an air bag remember that an air bag inflates with great force Do not place objects including installed or portable wireless equipment near or in the area over the air bag or in the air bag deployment area If wireless equipment is improperly installed and the air bag inflates serious injury could result Switch your mobile device off before boarding an aircraft The use of wireless mobile devices in aircraft is illegal and Important Health and Safety Information 41 42 may be dangerous to the aircraft s operation Check with appropriate authorities before using any function of a mobile device while on an aircraft Failure to observe these instructions may lead to the suspension or denial of cell phone services to the offender or legal action or both While using your device leave some lights on in the room and do not hold the screen too close to yo
41. clip or play video games while operating avehicle For more information go to www ctia org Battery Use and Safety Important Handle and store batteries properly to avoid injury or damage Most battery issues arise from improper handling of batteries and particularly from the continued use of damaged batteries 20 Important Health and Safety Information e Donot disassemble crush puncture shred or otherwise attempt to change the form of your battery Do not puta high degree of pressure on the battery This can cause leakage or an internal short circuit resulting in overheating Do not let the phone or battery come in contact with liquids Liquids can get into the phone s circuits leading to corrosion Even when the phone appears to be dry and appears to operate normally the circuitry could slowly corrode and pose a safety hazard If the phone and or battery get wet have them checked by your service provider or contact Samsung even if they appear to be working properly Do not place your battery in or near a heat source Excessive heating can damage the phone or the battery and could cause the phone or the battery to explode Do not dry a wet or damp battery with an appliance or heat source such as a microwave oven hair dryer iron or radiator Avoid leaving your phone in your car in high temperatures Caution Some applications or prolonged usage may increase device temperature Prolonged skin contact w
42. ct improperly installed or inadequately shielded electronic systems in motor vehicles Check with the manufacturer or its representative regarding your vehicle before using your mobile device in a motor vehicle You should also consult the manufacturer of any equipment that has been added to your vehicle Posted Facilities Switch your mobile device off in any facility where posted notices require you to do so Potentially Explosive Environments Switch your mobile device off when in any area witha potentially explosive atmosphere and obey all signs and instructions Sparks in such areas could cause an explosion or fire resulting in bodily injury or even death Users are advised to switch the mobile device off while at a refueling point service station Users are reminded of the need to observe restrictions on the use of radio equipment in fuel depots fuel storage and distribution areas chemical plants or where blasting operations are in progress Areas with a potentially explosive atmosphere are often but not always clearly marked They include below deck on boats chemical transfer or storage facilities vehicles using liquefied petroleum gas such as propane or butane areas where the air contains chemicals or particles such as grain dust or metal powders and any other area where you would normally be advised to turn off your vehicle engine Vehicles using 36 Important Health and Safety Information liquefie
43. d Cell Phones The scientific evidence does not show a danger to any users of cell phones from RF exposure including children and teenagers The steps adults can take to reduce RF exposure apply to children and teenagers as well e Reduce the amount of time spent on the cell phone e Use speaker mode or a headset to place more distance between the head and the cell phone Some groups sponsored by other national governments have advised that children be discouraged from using cell phones at all For example The Stewart Report from the United Kingdom made sucha recommendation in December 2000 In this report a group of independent experts noted that no evidence exists that Important Health and Safety Information 13 using a cell phone causes brain tumors or other ill effects Their recommendation to limit cell phone use by children was strictly precautionary it was not based on scientific evidence that any health hazard exists Additional information on the safety of RF exposures from various sources can be obtained from the following organizations updated 10 1 2010 e FCC RF Safety Program www fcc gov oet rfsafety Environmental Protection Agency EPA www epa gov radtown wireless tech html Occupational Safety and Health Administration OSHA www osha gov SLTC radiofrequencyradiation Note This web address is case sensitive National Institute for Occupational Safety and Health
44. d petroleum gas such as propane or butane must comply with the National Fire Protection Standard NFPA 58 For a copy of this standard contact the National Fire Protection Association When your Device is Wet Do not turn on your device if it is wet If your device is already on turn it off and remove the battery immediately if the device will not turn off or you cannot remove the battery leave it as is Then dry the device with a towel and take it to a service center FCC Hearing Aid Compatibility 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 may detect a buzzing humming or whining 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 o
45. d with respect to the Products No agent employee dealer representative or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims whether in advertising presentations or otherwise on behalf of SAMSUNG regarding the Products or this Limited Warranty This Limited Warranty gives you specific legal rights and you may also have other rights that vary from state to state Whatis the procedure for resolving disputes ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION AND NOT BY ACOURT OR JURY Any such dispute shall not be combined or consolidated with a dispute involving any other person s or entity s Product or claim and specifically without limitation of the foregoing shall not under any circumstances proceed as part of a class action The arbitration shall be conducted before a single arbitrator whose award may not exceed in form or amount the Manufacturer s Warranty 47 relief allowed by the applicable law The arbitration shall be conducted according to the American Arbitration Association AAA Commercial Arbitration Rules applicable to consumer disputes This arbitration provision is entered pursuant to the Federal Arbitration Act The laws of the State of Texas without reference to its choice of laws principl
46. e 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 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 personnel Remember to make or receive any calls the mobile device must be switched on and ina service area with adequate signal strength 28 Important Health and Safety Information 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 emerge
47. e for usage charges before you notify us of the alleged loss or theft A lost or stolen Device does not reduce or remove your Term Commitment You will remain liable for any monthly recurring charges associated with the Service on your Device after you notify us of the alleged loss or theft You agree to cooperate if we choose to investigate the matter provide facts sworn statements etc We may not waive any applicable Early Termination Fees if you choose to terminate Services as a result of loss or theft of your Device Disclaimer of Warranties UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE WE MAKE NO REPRESENTATIONS OR WARRANTIES v 7 1 13 General Terms and Conditions of Service 87 EXPRESS OR IMPLIED INCLUDING TO THE EXTENT ALLOWED BY LAW ANY IMPLIED WARRANTY OF MERCHANTABILITY NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES INCLUDING YOUR DEVICE AND ANY SOFTWARE OR APPLICATIONS ON YOUR DEVICE WE DON T PROMISE UNINTERRUPTED OR ERROR FREE SERVICES AND DON T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF SPRINT PROVIDES ALL SOFTWARE AND APPLICATIONS ON AN AS IS BASIS WITH ALL FAULTS ERRORS AND DEFECTS You Agree That We Are Not Responsible For Certain Problems You agree that neither we nor our parent subsidiary or affiliate companies nor our vendors suppliers or licensors are responsible for any damages delay interruption or other failure to perform resulting fro
48. e harmful to your hearing e When using headphones turn the volume down if you cannot hear the people speaking near you or if the person sitting next to you can hear what you are listening to e Donotturn the volume up to block out noisy surroundings If you choose to listen to your portable device in a noisy environment use noise cancelling headphones to block out background environmental noise By blocking background environment noise noise cancelling headphones should allow you to hear the music at lower volumes than when using earbuds 32 Important Health and Safety Information e Limit the amount of time you listen As the volume increases less time is required before you hearing could be affected e Avoid using headphones after exposure to extremely loud noises such as rock concerts that might cause temporary hearing loss Temporary hearing loss might cause unsafe volumes to sound normal Do not listen at any volume that causes you discomfort If you experience ringing in your ears hear muffled speech or experience any temporary hearing difficulty after listening to your portable audio device discontinue use and consult your doctor You can obtain additional information on this subject from the following sources American Academy of Audiology 11730 Plaza American Drive Suite 300 Reston VA 20190 Voice 800 222 2336 Email info audiology org Internet www audiology org Pages default aspx National
49. e may be permitted in certain areas Before answering calls consider your circumstances Let the call go to voicemail when driving conditions require Remember driving comes first not the call If you consider a call necessary and appropriate follow these tips e Use a hands free device e Secure your phone within easy reach e Place calls when you are not moving e Plan calls when your car will be stationary e Donot engage in stressful or emotional conversations Important Health and Safety Information 19 e Let the person with whom you are speaking know that you are driving and will suspend the call if necessary e Donot take notes or look up phone numbers while driving Notice regarding legal restrictions on mounting this device in an automobile Laws in some states may prohibit mounting this device on or near the windshield of an automobile In other states the law may permit mounting this device only in specific locations in the automobile Be sure to consult the state and local laws or ordinances where you drive before mounting this device in an automobile Failure to comply with these restrictions could result in fines penalties or other damages Never mount this device in a manner that will obstruct the driver s clear view of the street and traffic Never use wireless data services such as text messaging Web browsing or e mail while operating a vehicle Never watch videos such as a movie or
50. ections 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 unpaid past due charges you owe Sprint You agree that for attempts to collect unpaid past due charges Sprint and any of its agents may contact you at any mailing address telephone number cellular phone number email address or any other electronic address that you have provided or may in the future provide to Sprint You agree and acknowledge that any email address or any other electronic address that you provide to Sprint is your private address and is not accessible to unauthorized third parties For attempts to collect unpaid charges you agree that in addition to individual persons attempting to communicate directly with you any type of contact described above may be made using among other methods pre recorded or 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 Other Important Terms Subject to federal law or unless the Agreement specifically provides otherwise this Agreement is governed solely by the laws of the state encompassing the billing address of the Device without regard 96 General Terms and Conditions of Service v 7 1 13 to the conflicts
51. ee pre paid postage label and then send your old mobile device or battery to the address listed via U S Mail for recycling Dispose of unwanted electronics through an approved recycler To find the nearest recycling location go to our website www samsung com recyclingdirect 24 Important Health and Safety Information Or call 877 278 0799 Follow local regulations regarding disposal of mobile devices and batteries Dispose of your mobile device and batteries in accordance with local regulations In some areas the disposal of these items in household or business trash may be prohibited Help us protect the environment recycle Never dispose of batteries in a fire because they may explode UL Certified Travel Charger The Travel Charger for this phone has met applicable UL safety requirements Please adhere to the following safety instructions per UL guidelines FAILURE TO FOLLOW THE INSTRUCTIONS OUTLINED MAY LEAD TO SERIOUS PERSONAL INJURY AND POSSIBLE PROPERTY DAMAGE IMPORTANT SAFETY INSTRUCTIONS SAVE THESE INSTRUCTIONS DANGER TO REDUCE THE RISK OF FIRE OR ELECTRIC SHOCK CAREFULLY FOLLOW THESE INSTRUCTIONS FOR CONNECTION TO A SUPPLY NOT IN NORTH AMERICA USE AN ATTACHMENT PLUG ADAPTOR OF THE PROPER CONFIGURATION FOR THE POWER OUTLET THIS POWER UNIT IS INTENDED TO BE CORRECTLY ORIENTED IN A VERTICAL OR HORIZONTAL OR FLOOR MOUNT POSITION Display Touch Screen Please note the following
52. eless 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 38 Important Health and Safety Information However these are not guarantees that all users will be satisfied T ratings work similarly The HAC rating and measurement procedure are described in the American National Standards Institute ANSI C63 19 standard 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 not been tested yet for use with hearing aids Itis 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 Important Health and Safety Information 39 return or exchange policies consult your service provider or phone retailer 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 themselve
53. ement for Software IMPORTANT READ CAREFULLY This End User License Agreement EULA is a legal agreement between you either an individual or a single entity and Samsung Electronics Co Ltd Samsung for software owned by Samsung and its affiliated companies and its third party suppliers and licensors that accompanies this EULA which includes computer software and may include associated media printed materials online or electronic documentation in connection with your use of this device Software This device requires the use of preloaded software in its normal operation BY USING THE DEVICE OR ITS PRELOADED SOFTWARE YOU ACCEPT THE TERMS OF THIS EULA IF YOU DO NOT ACCEPT THESE TERMS DO NOT USE THE DEVICE OR THE SOFTWARE 1 GRANT OF LICENSE Samsung grants you the following rights provided that you comply with all terms and conditions of this EULA You may install use access display and run one copy of the Software on the local hard disk s or other permanent storage media of one computer and use the Software ona single computer or a mobile device at a time and you may not make the Software available over a network where it could be used by multiple computers at the same time You may make one copy of the Software in machine readable form for backup purposes only provided that the backup copy must include all copyright or other proprietary notices contained on the original Manufacturer
54. encing 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 Sprint may commence an arbitration proceeding or small claims action Arbitration Terms Process Rules and Procedures 1 Unless you and Sprint agree otherwise the arbitration will be conducted by a single neutral arbitrator and will take place in the county of the last billing address of the Service The arbitration will be governed by either a rules that we mutually agree upon or b the JAMS Comprehensive Arbitration Rules amp Procedures the JAMS Rules as modified by this agreement to arbitrate including the rules about the filing administration discovery and arbitrator fees The JAMS rules are available on its website at jamsadr com Notwithstanding any 92 General Terms and Conditions of Service v 7 1 13 JAMS Rule to the contrary or any other provision in arbitration rules chosen by agreement to govern the arbitration we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide except that only a court and not the arbitrator shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate 2 The Federal Arbitration Act FAA applies to this Agreement and arbitration provision We each agree that the FAA s provisions not state law govern all questions of whether a
55. er and for longer durations Prolonged exposure to loud sounds including music is the most common cause of preventable hearing loss Some scientific research suggests that using portable audio devices such as portable music players and cell phones at high volume settings for long durations may lead to permanent noise induced hearing loss This includes the use of headphones including headsets earbuds and Bluetooth or other wireless devices Exposure to very loud sound has also been associated in some studies with tinnitus a ringing in the ear hypersensitivity to sound and distorted hearing Individual Important Health and Safety Information 31 susceptibility to noise induced hearing loss and potential hearing problem varies Additionally the amount of sound produced by a portable audio device varies depending on the nature of the sound the device settings and the headphones that are used As a result there is no single volume setting that is appropriate for everyone or for every combination of sound settings and equipment You should follow some common sense recommendations when using any portable audio device e Always turn the volume down before plugging the earphones into an audio source e Set the volume ina quiet environment and select the lowest volume at which you can hear adequately e Be aware that you can adapt to higher volume settings over time not realizing that the higher volume may b
56. ervices You can terminate Services at any time by calling us and requesting that we deactivate all Services In addition if you return or provide your Device to Sprint and fail to either deactivate service on the Device or activate another Device in connection with your Service we reserve the right to terminate your Service and if you are subject to a Term Commitment you may be charged all or part of an Early Termination Fee You are responsible for all charges billed or incurred prior to deactivation If Services are terminated before the end of your invoicing cycle we won t prorate charges to the date of termination and you won t receive a credit or refund for any unused Services Except as provided above if you are subject to an Early Termination Fee you must also pay the invoiced Early Termination Fee for each line of Service that you terminate early 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 v 7 1 13 General Terms and Conditions of Service 69 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
57. es shall govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Limited Warranty For any arbitration in which your total damage claims exclusive of attorney fees and expert witness fees are 5 000 00 or less Small Claim the arbitrator may if you prevail award your reasonable attorney fees expert witness fees and costs as part of any award but may not grant SAMSUNG its attorney fees expert witness fees or costs unless it is determined that the claim was brought in bad faith Ina Small Claim case you shall be required to pay no more than half of the total administrative facility and arbitrator fees or 50 00 of such fees whichever is less and SAMSUNG shall pay the remainder of such fees Administrative facility and arbitrator fees for arbitrations in which your total damage claims exclusive of attorney fees and expert witness fees exceed 5 000 00 Large Claim shall be determined according to AAA rules Ina Large Claim case the arbitrator may grant to the prevailing party or apportion among the parties reasonable attorney fees expert witness fees and costs Judgment may be entered on the arbitrator s award in any court of competent jurisdiction 48 Manufacturer s Warranty This arbitration provision also applies to claims against
58. ess 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 Your Device is designed to be activated on our networks and in other coverage areas that we may make available to you As programmed it will not accept wireless service from another carrier Except for any legal right you may have to port transfer your phone number to another carrier you have no and cannot gain any for example through publication use etc proprietary ownership or other rights to any phone number 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 for information
59. g breaching failing to follow or abusing the Agreement or Policies h providing false inaccurate dated or unverifiable identification or credit information or becoming insolvent or bankrupt i modifying a Device from its manufacturer specifications 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 I if we believe the action protects our interests any customer s interests or our networks Your Right To Change Services amp When Changes Are Effective The account holder can typically change Services upon request In some instances changes may be conditioned on payment of an Early Termination Fee or certain other charges or they may require anew Term Commitment Changes to Services are 68 General Terms and Conditions of Service v 7 1 13 usually effective at the start of the next full invoicing cycle If the changes take place sooner your invoice may reflect pro rated charges for your old and new Services We may but are not obligated to provide you the opportunity to authorize someone else to make changes to your Services which will include the authority to make changes that will extend your Term Commitment You are responsible for any changes to your Services made by a person you authorize and those changes will be treated as modifications to this Agreement Your Right To Terminate S
60. ge 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 Sprint Mobile Broadband card plans wireless router plans etc Software License If Sprint provides you software as part of the Service and there are not software license terms provided with the software by Sprint or by athird party then Sprint grants you a limited revocable non exclusive non transferable license to use the software to access the Services for your own individual use You will not sell resell transfer copy translate publish create derivative works of make any commercial use of modify reverse engineer decompile or disassemble the software Sprint may revoke this license at any time 76 General Terms and Conditions of Service v 7 1 13 Fees Activation amp Miscellaneous Charges Based on our Policies we may charge activation prepayment reactivation program or other fees to establish change or maintain Services Certain transactions may also be subject to a charge for example convenience payment changing phone numbers handset upgrades etc You will be provided notice of these types of fees before we complete the requested tran
61. gh any printed oral or electronic statement including on the Web by electronically marking that you have reviewed and accepted b attempt to or in any way use the Services c pay for the Services or d open any package v 7 1 13 General Terms and Conditions of Service 65 or start any program that says you are accepting the Agreement when doing so If you don t want to accept the Agreement don t do any of these things Term Commitments amp Early Termination Fees Sprint provides a variety of Services some of which require you to maintain Your Services ona month to month basis or for a minimum term usually 1 or 2 years Term Commitment If your Agreement contains a Term Commitment you will be charged a fee Early Termination Fee for each line of Service that you terminate early i e prior to satisfying the Term Commitment or for each line of Service that we terminate early for good reason for example violating the payment or other terms of the Agreement but such Early Termination Fee will be prorated based on your remaining Term Commitment Early Termination Fees are a part of our rates Any Term Commitment the length of the Term Commitment and the applicable Early Termination Fee amounts and proration will be disclosed to you during the sales transaction Carefully review any Term Commitment and Early Termination Fee requirements prior to selecting Services After you have satisfied your Term
62. h notice You can t use a Deposit to make or delay payments The Deposit the length of time we hold the Deposit and changes to the Deposit are determined based on your credit history payment history and other factors Unless prohibited by law we may mix Deposits with our other funds and it won t earn interest and we reserve the right to return the Deposit as a credit on your invoice at anytime If your Services are terminated for any reason we may keep and apply your Deposit to any outstanding charges We ll send any remaining portion of the Deposit to your last known address within 90 days after your final invoice if it is returned to us we will forward it on to the appropriate state authorities to the extent required by law Restrictions On Using Services You can t use our Services a in a way that could cause damage or adversely affect any of our other customers or our reputation networks property or Services or b in any way prohibited by the terms of our Services the Agreement or our Policies You cannot in any manner resell the Services to another party For additional restrictions on the use of our Services see our Acceptable Use Policy and Visitors Agreement which are available on our website and the detailed plan or other information on Services that we provide or refer you to during the sales transaction v 7 1 13 General Terms and Conditions of Service 71 Your Device Number amp Email Addr
63. harge Disputes can only be made by calling or writing us as directed on your invoice or elsewhere You acceptall 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 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 amonitoring service etc For additional information on what we do to protect our customers networks Services and equipment see our Acceptable Use Policy and Visitors Agreement at our website Your Privacy Our Privacy Policy is available on our website To review the policy visit sprint com legal privacy html This policy may v 7 1 13 General Terms and Conditions of Service 83 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
64. he Software and destroy all copies full or partial of the Software 10 DISCLAIMER OF WARRANTY UNLESS SEPARATELY STATED IN A WRITTEN EXPRESS LIMITED WARRANTY ACCOMPANYING YOUR DEVICE ALL SOFTWARE PROVIDED BY SAMSUNG WITH THIS MOBILE DEVICE WHETHER INCLUDED WITH THE DEVICE DOWNLOADED OR OTHERWISE OBTAINED IS PROVIDED AS IS AND ON AN AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW SAMSUNG DISCLAIMS Manufacturer s Warranty 55 ALL WARRANTIES EXPRESS IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY SATISFACTORY QUALITY OR WORKMANLIKE EFFORT FITNESS FOR A PARTICULAR PURPOSE RELIABILITY OR AVAILABILITY ACCURACY LACK OF VIRUSES QUIET ENJOYMENT NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM SAMSUNG ORITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SOFTWARE OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG 11 THIRD PARTY APPLICATIONS Certain third party applications may be included with or downloaded to this mobile device Samsung makes no representations whatsoever about any of t
65. hese applications Since Samsung has no control over such applications you acknowledge and agree that Samsung is not responsible for the availability of such applications and is not responsible or liable for any content advertising products services or other materials on or available from such applications You expressly acknowledge and agree that use of third party applications is at your sole risk and that the entire risk of unsatisfactory quality performance accuracy and effort is with you It is up to you to take precautions to ensure that whatever you select to use is free of such items as viruses worms Trojan horses and other items of a destructive 56 Manufacturer s Warranty nature References on this mobile device to any names marks products or services of any third parties are provided solely as a convenience to you and do not constitute or imply an endorsement sponsorship or recommendation of or affiliation with the third party or its products and services You agree that Samsung shall not be responsible or liable directly or indirectly for any damage or loss including but not limited to any damage to the mobile device or loss of data caused or alleged to be caused by or in connection with use of or reliance on any such third party content products or services available onor through any such application You and that any information or personal data you provide whether knowingly or unknowingly t
66. ith a device that is hot to the touch may produce skin discomfort or redness or low temperature 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 phone 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 Important Health and Safety Information 21 explosion which could lead to serious bodily injuries or damage to property Do not dispose of the phone or the battery ina fire The phone or the battery may explode when overheated Do not handle a damaged or leaking battery Do not let leaking battery fluid come in contact with your eyes skin or clothing For safe disposal options contact your nearest Samsung authorized service center Avoid dropping the cell phone Dropping the phone or the battery especially on a hard surface can potentially cause damage to the phone and battery If you suspect damage to the phone or battery take it to a service center for inspection Never use any charger or battery that is damaged in any way Donotallow the battery to touch metal objects Accidental short circuiting can occur when a metallic object coin key jewelry clip or pen causes a direct connection between the and terminals of the battery
67. l Damages TO THE EXTENT ALLOWED BY LAW OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL CONSEQUENTIAL PUNITIVE MULTIPLE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES IN CONNECTION WITH A DEVICE INCLUDING BUT NOT LIMITED TO LOST PROFITS LOSS OF BUSINESS OR COST OF REPLACEMENT PRODUCTS AND SERVICES v 7 1 13 General Terms and Conditions of Service 89 90 DISPUTE RESOLUTION AND ARBITRATION PLEASE READ THIS CAREFULLY IT AFFECTS YOUR RIGHTS In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care you and Sprint each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below If the dispute is not resolved you and Sprint agree that the dispute will be resolved through individual binding arbitration or small claims court instead of courts of general jurisdiction Mandatory Arbitration and Waiver of Class Action Instead of suing in court you and Sprint agree to arbitrate all Disputes as defined below onan individual non representative basis You agree that by entering into this Agreement you and Sprint are waiving the right
68. l phone use The COSMOS study will follow approximately 300 000 adult cell phone users in Europe for 20 to 30 years Additional information about the COSMOS study can be found at www ukcosmos org index html Risk of Brain Cancer from Exposure to Radio Frequency Fields in Childhood and Adolescence MOBI KIDS MOBI KIDS is an international study investigating the relationship between exposure to radio frequency energy from communication technologies including cell phones and brain cancer in young people This is an international multi center study involving 14 European and non European countries Additional information about MOBI KIDS can be found at www creal cat programes recerca en projectes creal view php ID 39 Surveillance Epidemiology and End Results SEER Program of the National Cancer Institute 10 Important Health and Safety Information The National Cancer Institute NCI actively follows cancer statistics in the United States to detect any change in rates of new cases for brain cancer If cell phones play arolein risk for brain cancer rates should go up because heavy cell phone use has been common for quite some time in the U S Between 1987 and 2005 the overall age adjusted incidence of brain cancer did not increase Additional information about SEER can be found at http seer cancer gov Cell Phone Industry Actions Although the existing scientific data do not justify FDA regulatory actions
69. m a anything done or not done by someone else b providing or failing to provide Services including but not limited to deficiencies or problems with a Device or network coverage for example dropped blocked interrupted Services etc c traffic or other accidents or any health related claims relating to our Services d Data Content or information accessed while using our Services e an interruption or failure in accessing or attempting to access emergency services froma 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 88 General Terms and Conditions of Service v 7 1 13 on your Device computer equipment or Sprint storage space from your use of the Services or from viruses worms or downloads of malicious content materials data text images video or audio or i things beyond our control including acts of God for example 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 equipment and to back up your information stored on each You Agree That Our Liability Is Limited No Consequentia
70. metal strips on the battery for example when you carry a spare battery in a pocket or bag Short circuiting the terminals may damage the battery or the object causing the short circuiting Important Use only Samsung approved batteries and recharge your battery only with Samsung approved chargers which are specifically designed for your phone 22 Important Health and Safety Information WARNING Use of anon Samsung approved battery or charger may presenta risk of fire explosion leakage or other hazard Samsung s warranty does not cover damage to the phone caused by nonSamsung approved batteries and or chargers Donotuse incompatible cell phone batteries and chargers Some websites and second hand dealers not associated with reputable manufacturers and carriers might be selling incompatible or even counterfeit batteries and chargers Consumers should purchase manufacturer or carrier recommended products and accessories If unsure about whether a replacement battery or charger is compatible contact the manufacturer of the battery or charger Misuse or use of incompatible phones batteries and charging devices could result in damage to the equipment anda possible risk of fire explosion or leakage leading to serious injuries damages to your phone or other serious hazard Samsung Mobile Products and Recycling Samsung cares for the environment and encourages its customers to recycle Samsung mobile device
71. ms 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 your location information Unlike traditional wireline phones depending on a number of factors for example whether your Device is GPS enabled where you are whether local emergency service providers 86 General Terms and Conditions of Service v 7 1 13 have upgraded their equipment etc 911 operators may not know your phone number your location or the location of your Device In certain circumstances an emergency call may be routed to a state patrol dispatcher or alternative location set by local emergency service providers Enhanced 911 service E911 where enabled by local emergency authorities uses GPS technology to provide location information Even when available however E911 does not always provide accurate location information If your Device is indoors or for some other reason cannot acquire a satellite signal you may not be located Some Devices have a safety feature that prevents use of the keypad after dialing 911 you should follow voice prompts when interacting with emergency service providers employing interactive voice response systems to screen calls If Your Device Is Lost or Stolen Call us immediately if your Device is lost or stolen because you may be responsibl
72. n the user s hearing device and hearing loss If your hearing device happens to be vulnerable to Important Health and Safety Information 37 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 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 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 Higher ratings mean that the hearing device 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 wir
73. ncy 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 To make an emergency call 1 Press and tap Phone 2 Tap the keys for the the emergency number for your present location for example 911 or other official emergency number Emergency numbers vary by location 3 Tap to dial the number 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 Important Health and Safety Information 29 Care and Maintenance Your mobile device is a product of superior design and craftsmanship and should be treated with care The suggestions below will help you fulfill any warranty obligations and allow you to enjoy this product for many years Keep your Samsung Mobile Device away from Liquids of any kind Keep the mobile device dry Precipitation humidity and liquids contain minerals that will corrode electronic circuits If
74. nd an implantable medical device such as a pacemaker or implantable cardioverter defibrillator to avoid potential interference with the device Persons who have such devices e Should ALWAYS keep the mobile device more than six 6 inches from their implantable medical device when the mobile device is turned ON e Should not carry the mobile device in a breast pocket e Should use the ear opposite the implantable medical device to minimize the potential for interference Should turn the mobile device OFF immediately if there is any reason to suspect that interference is taking place Should read and follow the directions from the manufacturer of your implantable medical device If you have any questions about using your wireless mobile device with an implantable medical device consult your health care provider For more information see www fcc gov oet rfsafety rf faqs html Other Medical Devices If you use any other personal medical devices consult the manufacturer of your device to determine if it is adequately shielded from external RF energy Your physician may be able to assist you in obtaining this information Switch your mobile device off in health care facilities Important Health and Safety Information 35 when any regulations posted in these areas instruct you to do so Hospitals or health care facilities may be using equipment that could be sensitive to external RF energy Vehicles RF signals may affe
75. o such third party application provider will be subject to such third party application provider s privacy policy if such a policy exists SAMSUNG DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICES OF ANY THIRD PARTY APPLICATION PROVIDER SAMSUNG EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL INFORMATION IS CAPTURED BY ANY THIRD PARTY APPLICATION PROVIDER OR THE USE TO WHICH SUCH PERSONAL INFORMATION MAY BE PUT BY SUCH THIRD PARTY acknowledge and agree that the use of APPLICATION PROVIDER any third party application is governed by such third party application provider s Terms of Use License Agreement Privacy Policy or other such agreement Manufacturer s Warranty 57 12 SAMSUNG APPLICATIONS Certain Samsung applications and services may be included with or downloaded to this mobile device Many of them require Samsung Services membership registration Samsung Account and your rights and obligations will be set forth in separate Samsung Account terms and conditions and privacy policies There are non Samsung Account applications and services that require your consent to their separate terms and conditions and privacy policies You expressly acknowledge and agree that your use of such applications and services will be subject to the applicable terms and conditions and privacy policies 13 LIMITATION OF LIABILITY SAMSUNG WILL NOT BE LIABLE FOR ANY DAMAGES OF AN
76. oducts parts components boards and equipment shall become the property of SAMSUNG Except to any extent expressly allowed by applicable law transfer or assignment of this Limited Warranty is prohibited What must you do to obtain warranty service To obtain service under this Limited Warranty you must return the Product to an authorized phone service facility in an adequate container for shipping accompanied by the sales receipt or comparable proof of sale showing the original date of purchase the serial number of the Product and the seller s name and address To obtain assistance on where to deliver the Product please call SAMSUNG Customer Care at 1 888 987 4357 If SAMSUNG determines that any Product is not covered by this Limited Warranty you must pay all parts shipping and labor charges for the repair or return of such Product You should keep a separate backup copy of any contents of the Product before delivering the Product to SAMSUNG for Manufacturer s Warranty 45 warranty service as some or all of the contents may be deleted or reformatted during the course of warranty service What are the limits on SAMSUNG s liability THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF SAMSUNG S RESPONSIBILITIES AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DU
77. oftware is licensed only with restricted rights and as commercial items consisting of commercial software and commercial software documentation with only those rights as are granted to all other end users pursuant to the terms and conditions herein All Products are provided only with restricted rights with only those rights as are granted to all other end users pursuant tothe terms and conditions herein All Software and Products are provided subject to Federal Acquisition Regulation FAR 52 22719 Manufacturer s Warranty 59 15 APPLICABLE LAW This EULA is governed by the laws of the jurisdiction where you are a resident or if a resident of the United States by the laws of the state of Texas without regard to its conflict of law provisions This EULA shall not be governed by the UN Convention on Contracts for the International Sale of Goods the application of which is expressly excluded 16 DISPUTE RESOLUTION a Non United States residents If a dispute controversy or difference arising in any way from this EULA or your use of the Software is not amicably settled it shall be subject to the non exclusive jurisdiction of the courts of the jurisdiction where you are a resident Notwithstanding the foregoing Samsung may apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction b United States residents ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY
78. onditions of Service v 7 1 13 that vary based on the time of access will be determined based on the location of the network equipment providing service and not the location of your Device or your Device s area code if applicable Push to Talk Charges Charges for push to talk calls are billed to the person who starts the call and calculated by multiplying the duration of the call by the applicable rate and number of participants You re charged at least 6 seconds of airtime for each call you start subsequent communications in the same call are rounded up to and billed to the next second Time begins when you press any button to start a push to talk call and ends approximately 6 seconds after completion of acommunication to which no participant responds Subsequent push to talk communications are considered new calls Charges apply for the entire period of time the push to talk call is connected to our network Depending on your plan nationwide international or group push to talk calls may use the local push to talk minutes in your plan and result in additional or different charges Responses to call alert transmissions are treated as new push to talk transmissions even when responding within 6 seconds of receiving the alert Push to talk billing methods are subject to change as we introduce new push to talk Services Data Usage Unless we specifically tell you otherwise data usage is measured in bytes kilobytes megab
79. plications 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 ona 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 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 v 7 1 13 General Terms and Conditions of Service 75 Specific Terms amp 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 usa
80. provide you notice of non material changes in a manner consistent with this Agreement see Providing Notice To Each Other Under The Agreement section If a change we make to the Agreement is material and has a material adverse effect on Services under your Term Commitment you may terminate each line of Service materially adversely affected without incurring an Early Termination Fee only if a you call us within 30 days after the effective date of the change b you specifically advise us that you wish to cancel Services because of a material change to the Agreement that we have made and c we fail to negate the change after you notify us of your objection to it v 7 1 13 General Terms and Conditions of Service 67 If you do not notify us and cancel Service within 30 days of the change an Early Termination Fee will apply if you terminate Services before the end of any applicable Term Commitment Our Right To Suspend Or Terminate Services We can without notice suspend or terminate any Service at any time for any reason For example we can suspend or terminate any Service for the following a late payment b exceeding an Account Spending Limit c harassing threatening abusing offending our employees or agents d providing false or inaccurate information e interfering with our operations f using suspicion of using Services in any manner restricted by or inconsistent with the Agreement and Policies
81. r damage resulting from cellular signal reception or transmission or viruses or other software problems introduced into the Product or j Product used or purchased outside the United States This Limited Warranty covers batteries only if battery capacity falls below 80 of rated capacity or the battery leaks and this Limited Warranty does not cover any battery if i the battery has been charged by a battery charger not specified or approved by SAMSUNG for charging the battery ii any of the seals on the battery are broken or show evidence of tampering or iii the battery has been used in equipment other than the SAMSUNG phone for which it is specified What are SAMSUNG s obligations During the applicable warranty period provided the Product is returned in accordance with the terms of this 44 Manufacturer s Warranty Limited Warranty SAMSUNG will repair or replace the Product at SAMSUNG s sole option without charge SAMSUNG may at SAMSUNG s sole option use rebuilt reconditioned or new parts or components when repairing any Product or may replace the Product with a rebuilt reconditioned or new Product Repaired replaced cases pouches and holsters will be warranted for a period of ninety 90 days All other repaired replaced Products will be warranted for a period equal to the remainder of the original Limited Warranty on the original Product or for ninety 90 days whichever is longer All replaced Pr
82. s You agree to pay all Sprint surcharges Surcharges which may include but are not limited to Federal Universal Service Regulatory and Administrative charges gross receipts charges and other charges Surcharges are not taxes and we are not required by law to assess them They are part of our rates we choose at our discretion to collect from you to recover certain costs and are kept by us The number and type of Surcharges will be provided on your invoice and may vary depending upon the location of the billing address of the Device and can change over time We determine the amount for these charges and these amounts are subject to change as are the components used to calculate these amounts We will provide you notice of any changes to Surcharges in amanner 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 82 General Terms and Conditions of Service v 7 1 13 on government formulas it will not always be possible to provide advance notice of new Surcharges or changes in the amount of existing Surcharges Information on Surcharges is provided during the sales transaction and is available on our website Disputing Charges You Must Still Pay Undisputed Charges Any dispute to a charge on your bill must be made within 60 days of the date of the bill that initially contained the c
83. s against you Disputes also include but are not limited to i claims in any way related to or arising out of any aspect of the relationship between you and Sprint whether based in contract tort statute fraud misrepresentation advertising claims or any other legal theory ii claims that arose before this Agreement or out of a prior Agreement with Sprint iii claims that are subject to on going litigation where you are nota party or class member and or iv claims that arise after the termination of this Agreement Dispute Notice and Dispute Resolution Period Before initiating an arbitration or a small claims matter you and Sprint each agree to first provide to the other a written v 7 1 13 General Terms and Conditions of Service 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 sent to General Counsel Arbitration Office 12502 Sunrise Valley Drive Mailstop VARESAO202 2C682 Reston Virginia 20191 Sprint will provide a Notice of Dispute to you in accordance with the Providing Notice To Each Other Under The Agreement section of this Agreement Sprint will assign a representative to work with you and try to resolve your Dispute to your satisfaction You and Sprint agree to make attempts to resolve the Dispute prior to comm
84. s and genuine Samsung accessories Proper disposal of your mobile device and its battery is not only important for safety it benefits the environment Batteries must be recycled or disposed of properly Recycling programs for your mobile device batteries and accessories may not be available in your area Important Health and Safety Information 23 We ve made it easy for you to recycle your old Samsung mobile device by working with respected take back companies in every state in the country Drop It Off You can drop off your Samsung branded mobile device and batteries for recycling at one of our numerous Samsung Recycling Direct locations A list of these locations may be found at http pages samsung com us recyclingdirect usactivities environment samsungrecyclingdirect locations jsp Samsung branded devices and batteries nil be accepted at these locations for no ee Consumers may also recycle their used mobile device or batteries at many retail or carrier provided locations where mobile devices and batteries are sold Additional information regarding specific locations may be foundat www epa gov epawaste partnerships plu gin cellphone index htm or at http www call2recycle org Mail It In The Samsung Mobile Take Back Program will provide Samsung customers with a free recycling mailing label Just go to http fun samsungmobileusa com recycling index jsp and follow the instructions to print out a fr
85. s 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 FCC Notice and Cautions FCC Notice The mobile device may cause TV or radio interference if used in close proximity to receiving equipment The FCC can require you to stop using the mobile device if such interference cannot be eliminated Cautions Any changes or modifications to your mobile device not expressly approved by Samsung could void your warranty for this equipment and void your authority to operate this equipment Only use approved batteries antennas and chargers The use of any unauthorized accessories may be dangerous and void the mobile device warranty if said accessories cause damage or a defect to the mobile device Although your mobile device is quite sturdy it isa complex piece of equipment 40 Important Health and Safety Information and can be broken Avoid dropping hitting bending or sitting on it Other Important Safety Information e Only qualified personnel should service the mobile device or install the mobile device ina vehicle Faulty installation or service may be dangerous and may invalidate any warranty applicable to the device Ensure that any mobile devices or related equipment installed in your vehicle are securely mounted e Check regularly that all wireless mobile device equipment in your vehi
86. s determined that the claim was brought in bad faith In a Small Claim case you shall be required to pay no more than half of the total administrative facility and arbitrator fees or 50 00 of such fees whichever is less and Samsung shall pay the remainder of such fees Administrative facility and arbitrator fees for arbitrations in which your total damage claims exclusive of attorney fees and expert witness fees exceed 5 000 00 Large Claim shall be determined according to AAA rules Ina Large Claim case the arbitrator may grant to the prevailing party or apportion among the parties reasonable attorney fees expert witness fees and costs Judgment may be entered on the arbitrator s award in any court of competent jurisdiction This arbitration provision also applies to claims against Samsung s employees representatives and affiliates if any such claim arises from the licensing or use of the Software You may opt out of this dispute resolution procedure by providing notice to Samsung no later than 30 calendar days from the date of the first consumer Manufacturer s Warranty 61 purchaser s purchase of this device To opt out you must send notice by e mail to optout sta samsung com with the subject line Arbitration Opt Out You must include in the opt out e mail a your name and address b the date on which the device was purchased c the device model name or model number and d the IMEI or MEI
87. saction Account amp Service Charges You are responsible for all charges associated with your account and the Services on your account no matter who adds or uses the Services Charges include but are not limited to the monthly recurring charges usage charges charges for additional services taxes surcharges and fees associated with your Services These charges are described or referred to during the sales transaction in our marketing materials and in 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 end users to access download and use Services You may have the opportunity to purchase Services ona subscription basis where we assess subscription charges that allow you access to the Services and or provide you acertain 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 v 7 1 13 General Terms and Conditions of Service a7 upon activation and automatically assessed for subsequent subscription periods Subscription Services offered ona recurring basis do not end until terminated by you or us Subscription charges for recurring Services occur at the beginning of each
88. service or sales departments Authentication and Contact You the account holder may password protect your account information by establishing a personal identification number PIN You may also set a backup security question and answer in the event you forget your PIN You agree to protect your PIN passwords and other account access credentials like your backup security question from loss or disclosure You further agree that Sprint may in our sole discretion treat any person who presents your credentials 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 to protect the confidentiality of your CPNI For example we implement 84 General Terms and Conditions of Service
89. ss recording your device s current SW version MCC Mobile Country Code MNC Mobile Network Code Samsung and its affiliates may use this information solely to improve 52 Manufacturer s Warranty their products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you At all times your information will be treated in accordance with Samsung s Privacy Policy which can be viewed at http account samsung com membership pp 5 SOFTWARE UPDATES Samsung may provide to you or make available to you updates upgrades supplements and add on components if any of the Software including bug fixes service upgrades parts or whole products or devices and updates and enhancements to any software previously installed including entirely new versions collectively Update after the date you obtain your initial copy of the Software to improve the Software and ultimately enhance your user experience with your device This EULA applies to alland any component of the Update that Samsung may provide to you or make available to you after the date you obtain your initial copy of the Software unless we provide other terms along with such Update To use Software provided through Update you must first be licensed for the Software identified by Samsung as eligible for the Update After the Update you may no longer use the Software that formed the
90. ssage 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 99 1 2014 Sprint Sprint and the logo are trademarks of Sprint mp GH68 41304A Printed in Mexico Other marks are the property of their respective owners neey SPT_L710T_IIB_Eng_TE_051614_F3
91. ssion 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 v 7 1 13 General Terms and Conditions of Service 85 or recycle your Device through us we typically attempt to erase all data on your Device but you must remove all data from your Device before you provide it to us Location Enabled Services Our networks generally know the location of your Device when it is outdoors and or turned on By using various technologies to locate your Device we can provide enhanced emergency 911 services and optional location enabled services provided by us or a third party Network coverage or environmental factors such as structures buildings weather geography landscape and topography can 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 or authorize Sprint or third party location enabled applications through the Services You understand that your use of such location enabled applications is subject to the application s terms and conditions and policies including its privacy policy If you activate location enabled services for devices used by other authorized users you agree to inform the authorized user s of the ter
92. ta charges and or additional charges may apply in accordance with your service plan Contact your wireless service provider for details 26 Important Health and Safety Information Your Location Location based information includes information that can be used to determine the approximate location of a mobile device Mobile devices which are connected to a wireless network transmit location based information Additionally if you use applications that require location based 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 the emergency responders your approximate location AGPS has limitations and might not workin your area Therefore e Always tell the emergency responder your location to the best of your ability and e Remain on the mobile device for as long as the emergency responder instructs you Important Health and Safety Information 27 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 som
93. 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 with some limited court review under the FAA and judgment on the award may be entered in any court with jurisdiction 6 As an alternative to arbitration we may resolve Disputes in small claims court in the county of your most recent billing address In addition this arbitration agreement does not prevent you from bringing your Dispute to the attention of any federal state or local government agency Such agencies can if the law allows seek relief against Sprint on your behalf No Trial By Jury and No Class Action IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION REGARDLESS OF WHETHER THE CLAIM IS AN ACTION COUTERCLAIM OR ANY OTHER COURT PROCEEDING WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION 94 General Terms and Conditions of Service v 7 1 13 AND WE EACH UNCONDITIONALLY 1 WAIVE ANY RIGHT TO TRIAL BY JURY AND 2 WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACTITY ON
94. ting etc For information 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 74 General Terms and Conditions of Service v 7 1 13 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 ap
95. to provide or continue to provide you Services The Services we offer you can vary based on your credit history We may at any time based on your credit history withdraw or change Services or place limits or conditions on the use of our Services You agree to provide us updated credit information upon request We may provide your payment history and other account billing charge information to any credit reporting agency or industry clearinghouse Account Spending Limits ASL An ASL is a temporary or permanent limit typically based on credit history payment history or to prevent fraud that we place onthe amount of unpaid charges you can accumulate on your account regardless of when payment on those charges is due We reserve the right to determine which charges count toward an ASL If you have an ASL we may suspend your Services without prior notice if your account balance reaches the ASL even if your account is not past due We may impose or increase an ASL at any time with notice An ASL is for our 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 70 General Terms and Conditions of Service v 7 1 13 By providing us a Deposit you grant us a security interest for all current or future amounts owed to us We may change the Deposit at any time wit
96. u will vary widely even between identical actions or data sessions Estimates of data usage for example the size of downloadable files are not reliable predictors of actual usage Your bill won t separately list the number of KB attributed toa 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 equipment charges subscription charges and usage transaction specific charges usually billed in the bill cycle 80 General Terms and Conditions of Service v 7 1 13 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 resultin higher than expected charges for that month Bill cycles and dates may change from time to time Your bill may also include other important notices for example changes to your Agreement to your Service legal notices etc Your paper bill may not include itemized billing detail More 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 or taxes and surcharges will not include itemized detail but will be listed as total charges for a category If you choose Internet billing you will not receive paper bills Your Payments Late Fees
97. ue to enjoy the benefits of the Limited Warranty 49 Severability If any portion of this Limited Warranty is held to be illegal or unenforceable such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty Precautions for Transfer and Disposal If data stored on this device is deleted or reformatted using the standard methods the data only appears to be removed ona superficial level and it may be possible for someone to retrieve and reuse the data by means of special software To avoid unintended information leaks and other problems of this sort it is recommended that the device be returned to Samsung s Customer Care Center for an Extended File System EFS Clear which will eliminate all user memory and return all settings to default settings Please contact the Samsung Customer Care Center for details Important Please provide warranty information proof of purchase to Samsung s Customer Care Center in order to provide this service at no charge If the warranty has expired on the device charges may apply Samsung Telecommunications America LLC 1301 E Lookout Drive Richardson Texas 75082 Phone 1 800 SAMSUNG Phone 1 888 987 HELP 4357 No reproduction in whole or in part allowed without prior written approval Specifications and availability subject to change without notice 111611 50 Manufacturer s Warranty End User License Agre
98. uppliers 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 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 ORITS FITNESS FOR ANY PARTICULAR PURPOSE OR USE THE DESIGN CONDITION OR QUALITY OF THE PRODUCT THE PERFORMANCE OF THE PRODUCT THE WORKMANSHIP OF THE PRODUCT OR THE COMPONENTS CONTAINED THEREIN 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 ORLOSS OF ANTICIPATED
99. ur eyes Seizures or blackouts can occur when you are exposed to flashing lights while watching videos or playing games for extended periods If you feel any discomfort stop using the device immediately Reduce risk of repetitive motion injuries When you repetitively perform actions such as pressing keys drawing characters ona touch screen with your fingers or playing games you may experience occasional discomfort in your hands neck shoulders or other parts of your body When using your device for extended periods hold the device with a relaxed grip press the keys lightly and take frequent breaks If you continue to have discomfort during or after such use stop use and see a physician If your device has a camera flash or light do not use the flash or light close to the eyes of people or pets 122011 Important Health and Safety Information Manufacturer s Warranty Standard Limited Warranty Whatis covered and for how long SAMSUNG TELECOMMUNICATIONS AMERICA LLC SAMSUNG warrants that SAMSUNG s handsets and accessories Products are free from defects in material and workmanship under normal use and service for the period commencing upon the date of purchase by the first consumer purchaser and continuing for the following specified period of time after that date Device 1 Year Battery ies 1 Year Case Pouch Holster 90 Days Other Device Accessories 1 Year If applicable Whatis
100. v 7 1 13 safeguards that are designed to protect your CPNI including authentication procedures when you contact us For some accounts with a dedicated Sprint representative we may rely on contacting your pre established point of contact as the standard authentication measure Third Party Applications If you use a third party application the application may access collect use or disclose your personal information or require Sprint to disclose your information including location information when applicable to the application provider or some other third party If you access use or authorize third party applications through the Services you agree and authorize Sprint to provide information related to your use of the Services or the application s You understand that your use of third party applications is subject to the third party s terms and conditions and policies including its privacy policy Be sure that you have reviewed and are comfortable with the third party s policies before using its application on your device Information on Devices Your Device may contain sensitive or personal information for example pictures videos passwords or stored credit card numbers Sprint is not responsible for any information on your 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 posse
101. ytes 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 1KB for each data usage session data session Rounding occurs at the end of each data session v 7 1 13 General Terms and Conditions of Service 79 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 subject to limitations on the amount of data usage If you are charged ona fixed price per KB any fractional cents will be rounded up to the next cent You are charged for all data directed to your Device s Internet address including data sessions you did not initiate and for incomplete transfers As long as your Device is connected to our data 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 yo

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