User's Manual

3.
Improper Use of the Device. You agree that You will not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Device or any services which may be offered through the Device. You
agree that You will not use the Device to introduce any viruses, Trojan horses, worms, time bombs, cancelbots
or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information of another.
4.
Use While Conducting Dangerous Activities. You agree not to use the Device in a negligent or intentionally
dangerous manner, or while conducting dangerous activities, including but not limited to operating a motor vehicle
or other machinery. You further agree to assume the risk of any injury or damage caused by Your negligent or
intentionally harmful use of the Device, and You expressly release Company and its distributors or agents from
any and all such injury or damage.
B. Limited Product Warranty
1.
Cosmetic Defects.
Company represents and warrants that the Device housing and all cosmetic parts shall be free
of defects at the time of Your purchase. You must report any such defects or problems within thirty (30) days of
Your purchase of the Device.
2.
Limited Product Warranty.
Company also represents and warrants that for a period of one (1) year from the
date of Your purchase of the Device (the “Warranty Period”), the Device shall (i) be free from all defects in the
workmanship and components incorporated within the Device, and (ii) perform in material accordance with the
documentation regarding the Device.
3.
Devices or Problems Excluded From the Limited Product Warranty.
Any Device which (i) has been damaged
or broken due to the negligent or intentional acts of You or third parties, or (ii) has been subject to abnormal
use or conditions, improper storage, unauthorized modifications, accident, or other acts which are not the fault
of Company or the manufacturer of the Device, shall not be covered under this limited product warranty (the
“Excluded Devices”).
4.
Company’s Obligations.
During the Warranty Period, Company will repair or replace, at Company’s option, any
defective parts or components of the Device that do not operate properly, unless such a Device is an Excluded
Device. You will not be charged for any such parts which are repaired or replaced, and Company will pay for the
cost of shipping for any repaired or replaced Device. Company shall not be obligated to pay the cost for rental of
alternative Devices, the cost of any lost or damaged information, or any other expenses not expressly set forth
herein. Parts or repairs which are not covered by this limited product warranty will be repaired or replaced by
Company solely at Your expense.
5.
Your Duties.
If a problem with the Device develops during the Warranty Period, You must do the following:
a.
You must promptly notify Company, or its agent, of such problem before the expiration of the Warranty Period
by calling [phone].
b.
You shall provide all information requested by Company during such telephone call, including your name,
address, telephone number and proof of purchase. If you cannot provide proof of purchase, the Warranty
Period shall be deemed to run for a period of fifteen (15) months from the date of shipment from the manufac-
turer.
c.
You must agree to pay for the cost of repair or replacement of any component or the Device if Your Device is
found to be not covered by the limited product warranty. If You so agree, (a) Company will ship You a replace-
ment Device at Company’s expense, (b) You will follow the instructions included with the replacement Device,
including instructions for replacing the Smart Card, and (c) following receipt of the replacement Device, You
shall ship the problem Device as instructed by Company via U.S. Postal Service to: VoiceStream Customer
Care, PO Box 37380, Albuquerque, NM 87176-7380.
46
Notices