User's Manual

If You do not agree to pay for the costs of the repair or replacement of the Device if such repair or replacement

is not covered by the limited product warranty, then You shall ship the problem Device pre-paid and insured via

U.S. Postal Service to VoiceStream Customer Care, PO Box 37380, Albuquerque, NM 87176-7380. You shall

include a return address, daytime telephone number and/or fax number, and a complete description of the

problem. Company shall ship a replacement Device to You only if the defective part or Device is covered by

this limited product warranty, and You will follow the instructions included with the replacement Device, includ-

ing instructions for replacing the Smart Card. Otherwise, any part or Device sent to Company and not covered

by this limited product warranty shall be returned freight collect without repair or replacement to You.

You shall have no coverage or benefits under this limited product warranty if You fail to notify Company or any

problems during the Warranty Period or fail to follow the instructions provided to you by Company.

Parties Who Can Enforce the Warranty. This limited product warranty extends only to the individual or entity listed

as the initial customer on the initial wireless service account associated with the Device. This limited product

warranty is not assignable or transferable to any subsequent purchaser or user.

C. Disclaimers

Warranty Disclaimer

THE DEVICE IS BEING PROVIDED TO YOU WITH THE LIMITED PRODUCT

WARRANTY SPECIFIED ABOVE, AND SUCH LIMITED PRODUCT WARRANTY IS IN LIEU OF ALL OTHER

WARRANTIES BY COMPANY, WHETHER EXPRESS OR IMPLIED. EXCEPT AS SO SPECIFIED IN THE

LIMITED PRODUCT WARRANTY, COMPANY MAKES NO OTHER WARRANTIES WITH RESPECT TO THE

DEVICE AND DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE

EXTENT ALLOWED BY APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT. COMPANY DOES NOT

WARRANT THAT THE DEVICE OR ANY SERVICES ACCESSED THROUGH THE DEVICE WILL MEET YOUR

REQUIREMENTS OR THAT THE DEVICE OR SUCH SERVICES OR OTHER THIRD PARTY SERVICES WILL

BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOUR SOLE REMEDY WITH RESPECT TO ANY

BREACH OF THE PRODUCT WARRANTY SHALL BE THE REPAIR OR REPLACEMENT OF THE DEVICE

AS SPECIFIED IN THE LIMITED PRODUCT WARRANTY. Some states do not allow the disclaimer of implied

warranties, so the foregoing disclaimer may not apply to You. The Limited Product Warranty gives You specific

legal rights, and You may also have other legal rights which vary from state to state.

Disclaimer of Consequential Damages.

COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY

FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, INCIDENTAL AND CONSEQUENTIAL, THAT MAY

ARISE FROM YOUR USE OF THE DEVICE, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM

ANY DISRUPTION OF SERVICES ACCESSED THROUGH THE DEVICE OR AN OUTAGE OF THE WIRELESS

NETWORK PROVIDED BY YOUR SERVICE PROVODER OR ANY LOSS OF ANTICIPATED BENEFITS OR

PROFITS DUE TO ANY ERROR, FAILURE OR DEFECT IN OR OF THE DEVICE. IN NO EVENT SHALL

COMPANY BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN RELATION TO CONTENT OR SERVICES

PROVIDED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO WIRELESS NETWORK SERVICES

PROVIDED BY THIRD PARTIES, OR LOSS OF SERVICE DUE TO THE ACTS OR OMISSIONS OF THIRD

PARTIES.

Limitation of Liability. COMPANY’S LIABILITY, AND THE LIABILITY OF ITS SUPPLIERS, TO YOU OR ANY

THIRD PARTIES IN ANY CIRCUMSTANCE OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE

OF THE DEVICE IS LIMITED TO THE AMOUNT OF ONE THOUSAND DOLLARS ($1000). THIS LIMITATION OF

LIABILITY SHALL BE ENFORCED TO THE MAXIMUM EXTENT ALLOWED BY LAW. Some states do not allow

the limitation of liability, so the foregoing limitations may not apply to You.

Notices