Cricket M615 User manual

Quick Start Guide
READ ME FIRST
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This brochure includes information to program your Cricket®
phone and start your service. Please see the Health and
Safety section of the user guide for additional information
about your phone. You should follow the appropriate
instructions based on the type of service you have. If you
have any additional questions, are unsure which type of
service you have, or would like to know more about your
calling area, Cricket®phone features, etc., visit us online
at mycricket.com or call us toll free at 1-800-CRICKET.
To start your Cricket®service, follow these easy instructions:
1. Charge your battery overnight.
2. Read these instructions and have a pen ready
before you call to set up service.
3. If you have signed up for Cricket®service, a valid Social
Security or Driver’s License Number will be required to
activate your Cricket®phone. Please have this information
ready when you call to activate your Cricket®phone.
4. Once your battery is charged, call 1-800 CRICKET
from a dierent phone.
5. A Cricket®representative will give you:
•Your new Cricket MDN (Mobile Directory Number)
This is your 10 digit phone number.
•Your new 10 digit Cricket MIN (Mobile Identification Number).
•Your 1 to 5 digit Cricket CDMA System ID Number.
Please write these numbers in the green boxes on
the inside of this brochure for future reference.
6. Program your Cricket®phone number into your Cricket®
phone using the instructions on the following page.
welcome to Cricket®quick start instructions
© 2011 Cricket Communications, Inc. The Cricket K is a trademark and Cricket is
a registered trademark of Cricket Communications, Inc.
Enter your new 10 digit Cricket MDN
Mobile Directory Number (10 digit phone number)
( ______ )_______ - _______
Enter your new 10 digit Cricket MIN
Mobile Identification Number
( ______ )_______ - _______
Enter your 1 to 5 digit Cricket CDMA System ID
________________________
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Over-The-Air Programming:
1. Turn on your phone using the power button.
2. Dial *228 and press the send key.
3. This will start the activation process,
follow the voice prompts.
4. If your phone fails to program over the air, please
refer to the keypad programming instructions below.
Manual Programming Instructions:
1. Turn on your phone using the red power/end
button. While in the programming mode, the left
soft key [OK] is used to save and the right soft key
[Back] is used to return to the previous step.
2. Enter ##626* (##NAM*) for NAM Programming.
3. You will be prompted to ENTER SUBSIDY CODE.
4. Enter 333333 (3 six times).
5. Enter your new 10 digit Cricket MDN (Mobile Directory
Number/10 Digit Phone Number) and press [OK].
6. Enter your new 10 digit Cricket MIN (Mobile
Identification Number) and press [OK].
7. Enter the 1 to 5 digit Home SID (Cricket
CDMA System ID) and press [OK]
8. Your phone will reset.
programming your Cricket®phone terms and conditions
Cricket® Terms and Conditions of Service
1. (a) This is An Important Agreement Regarding the Services We Provide to You.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These Terms and
Conditions of Service constitute an agreement (“Agreement”) between you and the
provider of your Cricket service and contain an arbitration clause and other clauses
which may aect your legal rights. The provider is Cricket Communications, Inc.
(which conducts business under the name Cricket Wireless, Inc. in Pennsylvania) or
one of its joint venture partners, which are separate entities and may not be controlled
by Cricket Communications, Inc. The applicable provider of your Cricket service in your
market is referred to in this Agreement as “Cricket” (“us”, “we”, “our” or “Cricket”). This
Agreement governs the sale and delivery of wireless service(s) (“Service” or “Services”)
to you by Cricket. This Agreement is between you (the purchaser or user of the Services)
and us, and also includes by this reference any terms and conditions applicable to
the Service(s) that you select as described in any of our product brochure(s), literature
or on our ocial website (www.mycricket.com). In addition, certain regulatory filings,
called taris, and other laws, may also govern our provision of Services to you. This
Agreement replaces and supersedes all previous versions of the Terms and Conditions
of Service. Because these Terms and Conditions of Service may change from time to
time, please visit us at our ocial website (www.mycricket.com) or visit one of our retail
stores for the most current version.
(b) IMPORTANT: WHEN YOU START SERVICE OR USE THE SERVICE BY, FOR
EXAMPLE, PLACING A CALL, SENDING A MESSAGE OR TRANSMITTING DATA
ON THE CRICKET WIRELESS SYSTEM OR ANOTHER SYSTEM THAT’S AGREED
TO CARRY OUR SERVICES, YOU INDICATE YOUR ACCEPTANCE OF THIS
AGREEMENT. IN ADDITION, EACH TIME YOU PAY FOR SERVICE FROM US, YOU
CONFIRM YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT WANT TO
ACCEPT THIS AGREEMENT, DO NOT START SERVICE OR USE THE SERVICE AND
RETURN YOUR WIRELESS DEVICE, UNUSED AND WITH THE ORIGINAL RECEIPT
AND ALL PACKAGING AND ACCESSORIES, TO THE STORE WHERE PURCHASED
WITHIN THE RETURN PERIOD SET BY THAT STORE FOR A REFUND.
2. (a) Scope of Service. Cricket reserves the right to manage our wireless systems
and the use of our Services. As a result, we may deny a request for Service from
any customer or potential customer or discontinue a customer’s service for any lawful
reason. We may block access to a number and/or certain categories of numbers (for
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example, 976 and 900 numbers), certain websites, or certain messages, including
text, video, photo, and audio messages, in our sole discretion and to the extent
legally permitted. In addition, calls placed to services that, in our sole discretion, are
designed to facilitate trac stimulation, including but not limited to chat line facilities,
free conference calling services, call center operations and help desk provisioning, are
not included in our calling plans. If you would like to place calls to services of this nature,
we may oer an add-on calling feature for an additional monthly fee.
(b) Services are generally available within the operating range of our wireless system in
your service area. Your service area is the area depicted in the coverage brochure you
received with this Agreement or that is posted on our ocial website (www.mycricket.
com) and may change from time to time. Coverage maps only approximate our
anticipated wireless coverage area outdoors; actual Service area, coverage and quality
may vary and change without notice depending on a variety of factors including but
not limited to network capacity, location, nearby buildings (and other structures), your
wireless device, terrain and weather. Outages and interruptions in Service may occur,
and speed of Service varies. You agree we are not liable for problems relating to Service
availability or quality. Except for 911 calls and any “roaming” service to which you have
subscribed, you will not be able to use your wireless device outside of your service area
for any calls (including local and long distance) or any other service features. As a result,
sometimes Service, including calls or attempted calls to emergency services like 9-1-1
calls, may be interrupted or fail, and/or the quality of calls may be poor.
(c) Any statements by Cricket, its employees, representatives or agents about the
coverage of our wireless system are only intended to describe Cricket’s approximate
coverage in your service area. You should not interpret any such statement to mean
that Service will be available under all circumstances, at all times, or without interruption
in your service area.
(d) YOU AGREE TO HOLD CRICKET, ITS EMPLOYEES AND AGENTS HARMLESS
AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS (INCLUDING ACTIONS BY
THIRD PARTIES OR THOSE WHO USE YOUR PHONE) ARISING OUT OF YOUR OR
ANOTHER PERSON’S USE OR ATTEMPTED USE OF THE SERVICE.
3. Privacy. Our privacy policy describes our privacy practices. The policy, as amended
from time to time, can be found at our ocial web site (www.mycricket.com).
4. Rate Plan.
(a) We determine what types of Service and rate plans or service packages (collectively
“Rate Plans”) we oer to you. We may oer dierent Services and dierent Rate Plan(s)
to dierent people and entities, in dierent geographic locations at dierent times.
Services oered under some Rate Plans may be more limited than those oered under
other Rate Plans. The Services and Rate Plan you select determine the charges and
fees you have to pay for Services. The Rate Plan you select will be your Rate Plan until
that Rate Plan is modified, you switch to a dierent Rate Plan (if we oer other Rate
Plans to you), you cancel your Service, or your Service is terminated. If we make more
than one Rate Plan available to you, you may change to another Rate Plan, but you
may be required to pay us a Rate Plan change fee or other fee(s). Rate plan changes
may not be eective immediately. ALTHOUGH YOUR RATE PLAN, FEATURE AND
PROMOTION DESCRIPTIONS ARE IN SEPARATE DOCUMENTS, THEY ARE PART
OF THIS AGREEMENT.
(b) If you take advantage of certain promotions or rebate oers (instant or otherwise),
you may be required to select a particular Rate Plan or Service(s) for a certain period of
time, or payment options to be eligible. Alternatively, you may be required to reimburse
Cricket for such promotional oers if you fail to meet the commitments or restrictions
applicable to such oers. Cricket may elect to collect the promotional or rebate benefit
in any legal manner it elects.
5. Changes to Agreement or Rate Plan. We may change this Agreement, your Rate
Plan, any fee for prepaid service, upgrade, enhancement, Regulatory Recovery Fee
(see 9(c) below) and any applicable surcharge, tari and tax at any time. Any changes
to this Agreement are eective when we publish the revised terms and conditions or
otherwise give you notice of such changes.
6. Safe Use and Important Emergency 9-1-1 Information.
(a) Always use your wireless device in a safe manner that does not create a risk to your
safety or the safety of others around you. For example, it can be dangerous for you to
engage in stressful or emotional conversations on your wireless device, send or receive
text messages or otherwise become distracted while driving. Be aware of and comply
with the laws that apply to you when you are driving. When possible, use a device that
allows you to talk on your phone without holding it when you are driving.
(b) When making a 9-1-1 call, always state the nature of your emergency and provide
both your location and phone number, as the operator may not automatically receive
this information. Cricket is not responsible for failures to connect or complete 9-1-1 calls
or if inaccurate location information is provided. 9-1-1 service may not be available or
reliable and your ability to receive emergency services may be impeded. We may use
a variety of information and methods to determine the location of a 9-1-1 call, including
Global Positioning Satellites, our wireless network, or the street address you have
provided us as your primary use location. Even with this information, an emergency
operator may not be able to locate you in order to provide emergency services. Other
third party entities are involved in connecting a 9-1-1 call and Cricket does not determine
the public safety agency to which your 9-1-1 call is routed. If you are porting a phone
number to or from us, we may not be able to provide you with some Services, such
as 9-1-1 location services, while the port is being implemented. If you dial 9-1-1 while
outside the U.S., 9-1-1 services may not be available.
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7. Prohibited Uses.
(a) You must comply with all laws and regulations while using the Service. Among
other prohibited uses, the Service may not be used (1) for telemarketing, commercial
research, commercial data collection or transmission, sale or resale of Service or in the
operation of any telephone-based business (for example, chat lines or fortune telling
services); (2) for any fraudulent, illegal or abusive purpose, or in a manner that interferes
or causes problems with the operation of Cricket’s wireless system; or (3) continuously,
with or without breaks, so as to create the functional equivalent of a telephone line
dedicated to continuous use.
(b) You must use your wireless device predominantly within the Cricket owned network
coverage area. We may limit, deny your continued use of the other carrier’s network,
change your rate plan or terminate your Service without notice if you no longer live
and have a mailing address within a Cricket owned network coverage area or if more
than 50% of your voice and/or data usage is on a Partner network for the previous
billing cycle.
8. Wireless Devices, Numbers and E-mail Addresses. Cricket did not manufacture
your wireless device and is not responsible for any defects or for the acts or omissions
of the manufacturer. Your device may not accept services from other carriers. You do
not have any rights to any number, e-mail address or other identifier we may assign to
your device or account; you may not modify, change or transfer any of these except as
we allow and as allowed for by law. In certain instances, you may transfer your number
from another carrier to Cricket or from Cricket to another carrier.
9. Charges.
(a) You are responsible for paying all charges for Service, including the following: (1)
recurring monthly charges for each monthly billing period in which you had or will have
access to the Service for all or any portion of that billing period; (2) optional Service
features or feature bundles selected by you and for which separate charges apply,
including but not limited to long distance, directory assistance (411) calls, ringtones,
ringback tones, videos and music; (3) charges for adding multiple phones to the
same account; (4) any Service activation, reinstatement, reconnection, administrative,
termination or other charges that may apply; (5) all third party charges that you have
authorized; (6) all applicable taxes; and (7) regulatory charges, including regulatory
charges imposed in connection with Cricket’s provision of Service
(b) Various taxes, surcharges, fees, and other assessments are imposed by governments
relating to the Service we provide to you, goods or services you purchase, and the
wireless network and equipment used in providing the Service. We will determine, in
our sole discretion, the taxes and other assessments that you are responsible to pay
and the amounts of such charges.
(c) In addition to other charges, you may also be assessed a “Regulatory Recovery
Fee”, which is a charge created, assessed and collected by Cricket to help defray our
costs for compliance with various regulatory requirements which may include, but are
not limited to, the capability to provide wireless number portability, number pooling,
universal service fees, and surcharges for state/local fees. This fee is not a tax or a
government-required charge. In our discretion, we may change the amount of the
Regulatory Recovery Fee.
(d) For Rate Plans that include per minute airtime access charges the length of your
call will be rounded up to the nearest minute and applied against the Services you
purchased. Charges for a completed call or data services from your wireless phone
will begin when you press the SEND key and will end when either party ends the call.
10. Account Activity, Credit Verification and Release of Information.
(a) This Agreement shall be contingent upon our verification and approval of certain
information about you, including billing information; we reserve the right to deny or
limit the provision of Service on the basis of any information that we gather. We may
take any action permitted by law that we believe is necessary to verify your identity,
address, age, account activity or credit, and we may take that action at any time. We
may require that you provide us with additional or updated information we reasonably
need to determine if you qualify for Service, to manage the Service, or to determine if
you are using the Service in accordance with this Agreement. If you do not provide us
the information we request within the time period that we specify, we may choose not
to start Service to you, or, if you are an existing customer, we may suspend or terminate
Service to you. You warrant and represent that all information furnished to us by you is
current, complete, accurate and true as of the time you provide it, and you will update
it as necessary to keep it complete, accurate, and true. We may share information we
gather about you as provided elsewhere in this Agreement and in our Privacy Policy
which is available at our ocial website (www.mycricket.com).
(b) If you are an employer providing the Service to your employees, you agree to notify
those employees that their use of the Service is subject to these Terms and Conditions.
11. Billing and Payment.
(a) Unless you are on a prepaid plan, monthly Service charges are generally billed in
advance, and payment is due on or before the date due as stated in your bill. Monthly
service periods are approximately thirty (30) days long. Your monthly service period
and other dates related to your account may change from time to time. You may be
required to pay a convenience/processing fee for some methods of payment or for the
use of some payment locations. You must strictly comply with any and all requirements
and conditions imposed by Cricket under any such agreement or arrangement and the
terms, conditions, duration and frequency of such agreements or arrangements shall
remain at Cricket’s sole discretion.
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910
(b) You may authorize recurring payment of your Cricket bill by credit card (“Credit
Card”); this authorizes us to charge all amounts you owe us to the Credit Card up to
seven (7) days prior to the due date and to demand immediate payment from the card
issuer. Unless required by law, we will not have to give any additional notice to you
or obtain additional consent from you before billing that Credit Card for Service each
month. You must promptly notify us of any change in your billing address or the Credit
Card you want to use for payment. You may also pay your Cricket bill (1) by mailing a
check or money order to us; (2) in person at any Cricket authorized payment center;
(3) over the phone; or (4) at our ocial website (www.mycricket.com). You may have
to pay an additional convenience/processing fee, depending on the payment method
you choose. In addition, we may charge an additional fee up to the maximum amount
permitted by law for any check or other negotiable instrument tendered by you and
returned unpaid by a financial institution for any reason. We reserve the right, in our sole
discretion, to require that you pay your Cricket bill with cash, certified check, cashier’s
check or money order.
(c) By paying any amount to Cricket via a checking or other bank deposit account, you
authorize Cricket to initiate a debit entry to the designated bank account in the amount
that you (or your representative designate during the call) and you confirm to Cricket
that you are duly authorized on the applicable bank account. The debit generally
occurs on or after two (2) banking days from your authorization call. You agree that
the code to authorize such payments shall be the same as your Cricket phone or other
Cricket account number.
(d) Your payment will be considered late if we do not receive it before the first day of the
monthly service period for which the payment is due. If you do not make all payments
when they are due, you will be in default under this Agreement, and we will be entitled
to exercise any rights we may have under this Agreement, including the suspension or
termination of Service to you. If we accept a late or partial payment, even if you mark
the payment “paid in full”, we do not waive our rights to suspend or terminate your
Service or any other rights we may have. If your Service is terminated and you promptly
pay amounts that are overdue, we may, in our sole discretion, reinstate/reconnect your
Service after you have paid any reconnection/reinstatement fees we have imposed.
If we have to take action beyond billing you in order to collect payment, you will be
required to pay our reasonable costs and expenses of collection, including attorney’s
fees, court costs, and the fees of any collection agency to the extent permitted by
law. If we bill and collect amounts for any third party service provider, we will allocate
payments we receive from you first to amounts due to Cricket. We will then allocate any
remaining payment to amounts due to such third party service providers. You have the
right to dispute charges on your bill, but you must notify us of the dispute within sixty
(60) days after the billing date or you waive any claim you may have had. Even if you
have a dispute with us, you have to pay all charges on time until the dispute is resolved.
(e) AMOUNTS PAID FOR SERVICE CHARGES ARE NON-REFUNDABLE. IF YOUR
SERVICE IS TERMINATED FOR ANY REASON AND YOU HAVE A POSITIVE
BALANCE IN YOUR SERVICE ACCOUNT OR FLEX BUCKET SERVICES ACCOUNT,
YOU WILL NOT BE ENTITLED TO RECEIVE ANY REFUND.
12. Termination.
(a) We may terminate or suspend your Service at any time and for any reason without
liability. If you breach any portion of this Agreement (including failing to pay your bill in
full on time) or any applicable tari, we may suspend or terminate your Service. We are
not required to provide you with any notification before suspending or terminating your
Service. If you promptly pay amounts that are overdue or cure any other breach of this
Agreement, Cricket, in its sole discretion, may reconnect/reinstate your Service after
you have paid any reconnection/reinstatement fees we have imposed.
(b) In addition, you may terminate Service at any time by notifying a Cricket customer
service representative. IF THIS AGREEMENT TERMINATES FOR ANY REASON, YOU
WILL NO LONGER BE ENTITLED TO ACCESS ANY OF OUR SERVICES (INCLUDING
BUT NOT LIMITED TO FLEX BUCKET SERVICES) AND YOU WILL NOT BE ENTITLED
TO RECEIVE ANY REFUND OF ANY PAYMENTS YOU HAVE MADE TO US FOR
MONTHLY SERVICE, UPGRADES, ENHANCEMENTS, FEES, FOR ANY OTHER
PREPAID SERVICE, OR FOR ANY OTHER REASON.
13. Numbers.
(a) We will assign a phone number (the “Number”) to your wireless device. You do not
own the Number or any other personal identification number (“PIN”) assigned to you or
that you may use in connection with your Service. We can change, reassign or eliminate
any Number or PIN by giving you notice. If your account is deactivated, we can reassign
the Number without giving you any notice. You may not assign the Number to any
wireless device or other equipment except as approved by us or otherwise required
by law.
(b) Please note that your name and Number may be displayed on the phone of a
person you call if that person uses caller identification. We provide a no-cost methods
to block and un-block the display of your name and Number. Your telephone number
and location may also be transmitted to public safety ocials if you dial 911 or other
emergency service numbers. Your name and number for most calls can be blocked on
a call-by-call basis by dialing *67 before the telephone area code and number.
(c) In order to “port” or keep your telephone number when you change telephone
service providers you must have an active account with Cricket. You may be required
to purchase a new wireless phone or other equipment in order to change service
to or from Cricket service and you may be without service for some period of time.
Cricket may charge a fee to reimburse Cricket for the costs Cricket incurs to meet the
equipment, technology and infrastructure requirements necessary to enable number
porting. Cricket may also charge a fee to reimburse it for the cost it incurs to perform
a port.
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14. DISCLAIMER OF WARRANTY.
(a) DISCLAIMER OF WARRANTY; WIRELESS DEVICES AND RELATED EQUIPMENT.
CRICKET DOES NOT MANUFACTURE WIRELESS DEVICES OR RELATED
ACCESSORY EQUIPMENT. YOUR WIRELESS DEVICE AND RELATED ACCESSORY
EQUIPMENT COME WITH A SEPARATE WRITTEN WARRANTY FROM THE
MANUFACTURER. STATEMENTS BY CRICKET OR CRICKET EMPLOYEES AND
AGENTS REGARDING THE WIRELESS DEVICE OR RELATED ACCESSORY
EQUIPMENT SHOULD NOT BE INTERPRETED AS A WARRANTY BY CRICKET.
CRICKET MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, ABOUT THE SERVICE(S), APPLICATIONS, YOUR WIRELESS DEVICE
OR ANY RELATED EQUIPMENT, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL CRICKET BE LIABLE FOR ACTUAL, INCIDENTAL, INDIRECT, SPECIAL,
TREBLE, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING
LOST REVENUES, LOST PROFITS, OR OTHER LOSS BY YOU) ARISING FROM
THE MANUFACTURE OR WARRANTY OF THE WIRELESS DEVICE OR RELATED
ACCESSORY EQUIPMENT. THIS DISCLAIMER DOES NOT DEPRIVE YOU OF
ANY RIGHTS YOU MAY HAVE AGAINST THE MANUFACTURER. WITHOUT
LIMITATION, CRICKET WILL NOT BE LIABLE TO YOU IN CONNECTION WITH (1)
THE MANUFACTURER’S WARRANTY, (2) ANY ACTIONS OR OMISSIONS OF THE
MANUFACTURER, OR (3) ANY MALFUNCTION OR FAILURE OF THE WIRELESS
DEVICE OR RELATED ACCESSORY EQUIPMENT.
(b) DISCLAIMER OF WARRANTY; SERVICES. CRICKET AND ITS VENDORS
AND SUPPLIERS (“CRICKET PARTIES”) MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO YOU IN
CONNECTION WITH YOUR USE OF THE SERVICE. THE CRICKET PARTIES SHALL
NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, TREBLE, PUNITIVE,
CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING LOST REVENUES,
LOST PROFITS, OR OTHER LOSS BY YOU) TO THE FULL EXTENT THE SAME MAY
BE DISCLAIMED BY LAW. YOU ACKNOWLEDGE THAT SERVICE INTERRUPTIONS
WILL OCCUR FROM TIME TO TIME AND AGREE TO HOLD THE CRICKET PARTIES
HARMLESS FOR ALL SUCH INTERRUPTIONS. IN NO EVENT SHALL THE CRICKET
PARTIES BE LIABLE FOR ECONOMIC LOSS, PERSONAL INJURIES, OR PROPERTY
DAMAGE SUSTAINED BY YOU OR ANY THIRD PARTY ARISING FROM USE OF THE
SERVICE OR THIS AGREEMENT.
(c) Applications use up memory on your Cricket phone and each phone can only
store a limited number of Applications. If you do not have sucient memory available,
you may not be able to download and/or save the Application that you order. Please
consult the user manual for your phone to determine the amount of memory required
to download the Application you want to purchase, how to delete material or otherwise
free up memory on your phone and other information regarding the download, saving
and use of Applications.
15. TTY. TTY (also known as TDD or Text Telephone) is a telecommunications device
that allows people who are deaf, hard of hearing or who have speech or language
disabilities to communicate by telephone. If you have a digital wireless phone that is
TTY-compatible, it is possible to make calls, including 911 calls, with a TTY. If you have
questions concerning the use of your wireless phone, please contact us toll free at
1-800-CRICKET.
16. Lost or Stolen Wireless Device; Phone Replacement Plan.
(a) Upon your acceptance of delivery of your wireless device, all risk of loss, damage,
theft, or destruction of your device is borne by you. In the event of any loss, damage,
theft, or destruction of your phone, in whole or in part, you are responsible for
purchasing a replacement device from Cricket at your expense, and you remain
responsible for your obligations under this Agreement, including, without limitation,
your responsibility for the payment of Service charges.
(b) Cricket oers optional device replacement plan coverage for an additional charge. If
you selected or are provided with coverage under the device replacement plan, please
note that it is provided and administered by a third party, not Cricket.
17. Limitations of Liability.
(a) YOU AND WE ARE WAIVING IMPORTANT RIGHTS IN THIS SECTION TO THE
FULLEST EXTENT ALLOWED BY LAW.
(b) UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, YOU AGREE TO
LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST CRICKET
AND ITS VENDORS AND SUPPLIERS TO THE LESSER OF: (A) YOUR DIRECT
DAMAGES OR (B) ONE MONTH’S SERVICE CHARGES. THIS LIMITATION AND
WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER
FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY,
NEGLIGENCE, PRODUCTS LIABILITY, OR ANY OTHER THEORY. ADDITIONALLY,
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, PUNITIVE 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.
(c) By using the Service(s), you agree that the remedies provided under this Agreement
are exclusive, and you waive your right to any other remedies that may be available to
you at law or in equity.
18. Notices and Contact.
(a) Cricket reserves the right to provide notice to you by telephone, short message
service, multimedia message service, instant message or voicemail service to the
3828B-QSG_PILLAR_ES_D1.indd 11-12 3/24/11 2:24 PM

13 14
extent permitted by applicable law. Any such notice will be treated as provided to you
when left with you, on your phone, or on your answering/voicemail service. Any notice
that Cricket mails to you will be deemed provided to you, to the extent permitted by
applicable law, when Cricket deposits the notice into the United States mail addressed
to you at your last known address as shown in our billing records. You must notify us
of any address changes. Failure to notify us of a change in your address constitutes a
breach of this Agreement and possible grounds for suspension or termination of your
Service. Your notice to us shall be deemed given when received at: Cricket, P.O. Box
349067, Columbus, Ohio 43234-9067 and must include your name, billing address and
Cricket telephone number.
(b) Cricket may provide a telephone number to its customers as a means to contact
Cricket. Cricket may limit or prohibit your access to that number if Cricket deems it
necessary to prevent abuse of the customer service phone lines that may cause
delayed response to calls, prevent calls from reaching Cricket, cause problems with the
system, or otherwise damage Cricket or its customers.
19. CPNI. In providing service to you, Cricket will receive information classified
as “customer proprietary network information” (“CPNI”) under federal law that is
considered confidential, such as information regarding your usage of the service, the
technical configuration of such service, the destination of telephone calls you make and
the type of services you purchase. Cricket may use this information for certain purposes
without further disclosure or consent, including the following: to provide you Service;
to market service oerings to you related to the Services you purchase; or to protect
you, other Cricket users, Cricket and other carriers from fraud, abuse or unlawful use
of its service. Cricket reserves the right to communicate with you by using prerecorded
messages that are informational or promotional in nature. Cricket also may share such
information with its aliates, joint venture partners and third-party agents for the limited
purpose of making available to you communications-related oers and information that
may be of interest to you. However, you have the right under federal law to request
Cricket not to disclose your confidential information for this purpose, and Cricket has
the duty to honor any such request. You may “opt out” of disclosure of your CPNI to
Cricket aliates, joint venture partners and third-party agents for this purpose by going
to www.mycricketdisputeresolution.com . Opting-out will not aect Crickets’ provision
of service to you. Additional provisions regarding our use of CPNI and other subscriber
information is set forth in our Privacy Policy, available at our ocial website (www.
mycricket.com), which we incorporate herein by reference.
20. Arbitration; Dispute Resolution.
(a) PLEASE READ THIS SECTION CAREFULLY. ARBITRATION MAY LIMIT RIGHTS
YOU MAY HAVE AND PROVIDES FOR RESOLUTION OF MOST DISPUTES
THROUGH ARBITRATION. ARBITRATION IS DIFFERENT FROM COURT; THE
RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY
IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND
SUBJECT ONLY TO VERY LIMITED REVIEW BY A COURT (INCLUDING ATTORNEY’S
FEES). IN ADDITION, YOU AND WE ARE WAIVING RIGHTS TO PARTICIPATE IN
CLASS ACTIONS, INCLUDING WITHOUT LIMITATION CLASS ACTIONS BEGUN
BY OTHERS PRIOR TO THIS AGREEMENT. EVEN IF APPLICABLE LAW PERMITS
CLASS ACTIONS OR CLASS ARBITRATIONS, YOU ARE WAIVING ANY RIGHT TO
PURSUE ANY SUCH CLAIM OR CONTROVERSY AGAINST US (OUR AFFILIATES,
PREDECESSORS OR SUCCESSORS IN INTEREST) ON A CLASS BASIS. WE, IN
TURN, WAIVE ANY RIGHT TO PURSUE ANY SUCH CLAIM OR CONTROVERSY
AGAINST YOU ON A CLASS BASIS.
(b) You may reject this arbitration clause by sending us a rejection notice (“Rejection
Notice”) within sixty (60) days after the date of your phone activation or our disclosure
of this section to you (“Opt-Out Deadline”) by going to www.mycricketdisputeresolution.
com. Any Rejection Notice received after the Opt-Out Deadline will not be valid and you
must pursue your claim in arbitration of small claims court
(c) Any past, present or future claim, dispute or controversy (“Claim”) by either you
or us against the other, or against the employees, agents, successors or assigns of
the other, arising from or relating in any way to this Agreement or Services provided
to you under this Agreement, including (without limitation) statutory, tort and contract
Claims and Claims regarding the applicability of this arbitration clause or the validity
of the entire Agreement, shall be resolved, upon the election by you or us, by binding
arbitration. However, a Claim does not include any challenge to the validly and eect of
the Class Action Waiver, as set forth below, which must be determined by a court. The
party filing arbitration must choose one of the following three arbitration administrators:
American Arbitration Association or JAMS. These administrators are independent from
us, and you must follow their rules and procedures for initiating and pursuing arbitration.
If you initiate the arbitration, you must also notify us in writing at the address set forth
in the “Notices and Contact” section above. If we initiate the arbitration, we will notify
you in writing at your then current billing address and send you a text message or (if
your account is closed) the last address at which we contacted you. Any arbitration
hearing that you attend will be held at a place chosen by the arbitrator or arbitration
administrator at the time the claim is filed. We agree that we will not elect to arbitrate an
individual Claim that you bring against us in small claims court or your state’s equivalent
court, if any; however, if that Claim is transferred or appealed to a dierent court, we
reserve our right to elect arbitration. Unless otherwise provided by applicable law,
neither party has the right to bring a Claim or other legal action under these Terms and
Conditions more than two (2) years after the cause of action arose. We each agree that
the Agreement aects interstate commerce so that the FAA (as defined below) apply
(despite the choice of law provision in Section 21).
3828B-QSG_PILLAR_ES_D1.indd 13-14 3/24/11 2:24 PM

15 16
(d) You may obtain copies of the current rules of each of the arbitration administrators
named above, and other related materials, including forms and instructions for initiating
arbitration, by contacting the arbitration administrators as follows:
American Arbitration Association JAMS
1633 Broadway, 10th Floor 1920 Main Street, Suite 300
New York, New York 10019 Irvine, CA 92614
www.adr.org www.jamsadr.com
1-800-778-7879 1-800-352-5267
(e) This arbitration agreement shall be governed by the Federal Arbitration Act and
federal arbitration law (collectively the “FAA”), and shall be conducted under the
applicable procedures and rules of the arbitration administrator that are in eect on
the date the arbitration is filed unless this arbitration provision is inconsistent with those
procedures and rules, in which case this Agreement will prevail. These procedures
and rules may limit the amount of discovery available to you or us. The arbitrator will
apply applicable substantive law consistent with the FAA and applicable statutes of
limitations, and will honor claims of privilege recognized at law. Judgment upon any
arbitration award may be entered in any court having jurisdiction. At your written
request, we will consider any requests to advance or reimburse any arbitration filing
fee, administrative and hearing fees that you are required to pay to pursue a Claim
in arbitration. The arbitrator will decide who will ultimately be responsible for paying
those fees. In no event will you be required to reimburse us for any arbitration filing,
administrative, or hearing fees in an amount greater than what your court costs would
have been if the Claim had been resolved in court.
(f) No class claims, including class actions, class arbitrations, other representative
actions, or joinder or consolidation of any Claim with a Claim of any other person or
entity shall be allowable in arbitration, without the written consent of both you and
us (“Class Action Waiver”). This arbitration agreement survives the termination of
this Agreement or the Service relationship; provided, however, if any portion of this
“Arbitration; Dispute Resolution” section cannot be enforced, that portion will be
severed, and the rest of the “Arbitration; Dispute Resolution” section will continue to
apply, provided that the entire “Arbitration; Dispute Resolution” section shall be null and
void if the Class Action Waiver is held to be invalid or unenforceable with respect to any
class or representative Claim, subject to any right to appeal such holding.
(g) IF ARBITRATION IS CHOSEN BY YOU OR US WITH RESPECT TO A CLAIM,
NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM
THROUGH A COURT. IF ARBITRATION IS CHOSEN, YOU AND WE WILL NOT HAVE
RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY
JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED
IN COURT SUCH AS CLASS ACTION LITIGATION. OTHER RIGHTS INCLUDING
THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED BY
ARBITRATION. BY USING THIS SERVICE, YOU EXPRESSLY WAIVE YOUR RIGHT
TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO
RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
21. Choice of Law and Severability.
(a) This Agreement shall be interpreted under (1) the laws of the state in which you are
a subscriber, (2) applicable federal laws, and (3) applicable taris. If your Cricket service
area is located in more than one state, the law of the state in which the majority of the
service area is located shall be used for interpreting this Agreement.
(b) If any provision in this Agreement is declared to be invalid or unenforceable, the
validity of the other provisions of this Agreement shall not be aected and shall remain
valid and enforceable to the fullest extent permitted by law.
22. General Provisions Regarding This Agreement.
(a) If we waive any portion of this Agreement, the waiver will not be treated as a waiver
by us of any other provision of this Agreement, or a waiver of our right to enforce the
portion we have waived for any violation that occurs later.
(b) Section headings in this Agreement are for descriptive purposes only and will not be
used in interpreting the legal eect of this Agreement.
(c) You may not transfer or assign all or any part of your rights and obligations under this
Agreement, or your Service, without our prior written approval. The benefits conferred
pursuant to this Agreement are intended solely for you and Cricket and there are no
third party beneficiaries to this Agreement.
(d) Cricket may transfer or assign its rights and obligations under this Agreement in
whole or in part without giving you notice or obtaining consent from you. Upon its
transfer or assignment of this Agreement, Cricket shall be released from all liability with
respect to this Agreement.
(e) This Agreement is not for the benefit of any third parties except our parent and
subsidiary corporations and any person or entity to whom we transfer or assign this
Agreement.
(f) If there is any inconsistency or dierence of interpretation between the English
version and an alternate language version the English version shall control.
3823B 3-11
GH68-31356A
Updated August 18, 2010. © 2011 Cricket Communications, Inc. All rights reserved.
3828B-QSG_PILLAR_ES_D1.indd 15-16 3/24/11 2:24 PM