Table of Contents

How to Use This Guide.i

Sprint PCS

Getting Advanced Phone and Service Information.ii Getting Started.iii 1. Your New Sprint PCS Phone.2 Your Phones Features.3 2. Turning Your Phone On and Off.4 Turning Your Phone ON.4 Turning Your Phone OFF.4 3. Using the Battery and Charger.5 Installing and Removing the Battery.5 Charging the Battery.5 4. Making and Answering Calls.6 Making Calls.6 Answering Calls.6 Signal Strength.6 5. Controlling Your Roaming Experience.7 Setting Your Phones Roam Mode.7 Call Guard.8 Feature Availability.8 6. Internal Phone Book.9 Saving Phone Numbers.9 Finding Phone Numbers.9 Making a Call From Your Internal Phone Book.9 7. Changing Your Phones Settings.10 Changing the Greeting.10 Adjusting the Ringer, Key Beep and Earpiece Volume.10 Adjusting Volume During a Conversation.10
The clear alternative to cellular.SM

www.sprintpcs.com

Copyright 2002 Sprint Spectrum L.P All rights reserved. No reproduction in whole or in part without prior written approval. Sprint, Sprint PCS, and the diamond logo are trademarks of Sprint Communications Company L.P. All other trademarks are property of their respective owners. Printed in the U.S.A.
8. Sending and Receiving Messages.11 Setting Up Voicemail.11 Retrieving Voicemail Messages.11 Accessing Voicemail From Another Phone.11 Displaying Sprint PCS Wireless Web Messages.11 9. Sprint PCS Service Features.12 Call Waiting.12 Call Forwarding.12 Three-Way Calling.13 Sprint PCS Voice Command.14 10. Your Phones Special Features.15 External Display.15 Silent Mode.15 11. Accessories for Your Phone.16 How to Order.16 12. Performance and Safety.17 Important Information About Your Phone and Service.17 Maintaining Safe Use of and Access to Your Phone.18 Caring for the Battery.21 Acknowledging Special Precautions and the FCC Notice.22 13. Terms and Conditions & Warranty Information.25 Terms and Conditions of Services.25 Manufacturers Warranty.39

How to Use This Guide

Welcome youve made the right choice
The advantages of Sprint PCS are as clear as each call you make. With Sprint PCS, we give you what you really want from a wireless service provider clear calls, easy-to-understand service plans and selfservicing options for managing your account. All this is designed to make your life easier and worry free. We know youre eager to start using your phone right away and this guide is divided into two sections that are designed to help you do just that.
The first section will guide you through the steps required to set up your Sprint PCS Service. It includes blanks so you can write down important information well share with you that youll want to remember. Things like your new Sprint PCS Phone Number, information about your service plan and your first invoice. The second section will guide you through the basics of your phone and service, with quick, easy-to-follow instructions. And if you want to know more, just visit us online at www.sprintpcs.com, and access your account by clicking on Log on and entering your Sprint PCS Phone Number and account password. There, youll find a complete phone users guide that includes a section on learning about all the advanced features of your phone and service.
Getting Advanced Phone and Service Information
This guide covers the basics, but your phone is capable of performing a variety of advanced services. To learn how to use all the advanced features of your phone and service, log on to your account by visiting www.sprintpcs.com. There, youll have access to your complete phone users guide or you can take an online phone tutorial. Your online phone users guide provides information on basic and advanced features and services, which includes instructions and information such as: Learning Advanced Dialing Options Managing Call History Using Advanced Messaging Using Advanced Internal Phone Book Options Using your Phones Advanced Settings Setting your Phones Security Using the Scheduler Understanding your Phones Menu Structure And more

Getting Started

Activating and Using Your Sprint PCS Service
Have these things ready before you call to activate

1. Headset Jack: Provides connection for an optional headset. 2. Volume Keys: Adjust the ringer volume in Standby mode or
voice volume during a call.
3. OK: Lets you place a call and select menu options. 4. Display Screen: Displays phone status icons and menu items. 5. Power On Indicator/LED: Flashes when phone is powering up. 4. Display Screen
Also flashes to alert you to incoming calls, messages, scheduler alarms and more.
6. 4-Way Navigator: Scrolls through menus and displays the
next or previous entry or message.
7. END/PWR: Lets you power the phone on or off, end calls or 1. Headset Jack 5. Power On Indicator/LED 6. 4-Way Navigator 2. Volume Keys 7. END/PWR 8. CLR 3. OK

return to the main menu.

8. CLR: Lets you clear an entry or back up in a menu.

Section 1

2 Your New Sprint PCS Phone
Your New Sprint PCS Phone 3
Turning Your Phone On and Off

Turning Your Phone ON

1. Fully extend the antenna to receive the best reception. 2. Press
Using the Battery and Charger
Installing and Removing the Battery
for two seconds. The phone will display Searching for Service until it locates a signal, then it will automatically enter Standby mode the phones idle state. At this point, youre ready to begin making and receiving calls.
To install, insert the battery into the opening on the back of the phone and gently press down until the latch snaps into place. To remove, make sure the power is off. Press the battery release latch up and remove the battery from the phone at a 45-degree angle.

Turning Your Phone OFF

Charging the Battery
Press for two seconds until the screen displays its powering off message (for example, LG Goodbye!).
It is vital that you use only Sprint PCS-approved Desktop Chargers and AC Adapter Chargers. Use of unauthorized accessories could damage your phone and invalidate your warranty. To use the desktop charger provided with your phone:
1. Plug the round end of the AC adapter into the charger holder
and the other end into the electrical outlet.
2. Insert the phone (with battery installed) into the slot.
A red light on the charger lets you know the battery is charging. A green light lets you know the battery is at least 80 percent charged.
It takes about three hours to fully recharge a completely rundown battery.

Section 2

4 Turning Your Phone ON and OFF

Section 3

Using the Battery and Charger 5
Making and Answering Calls

Making Calls

1. Make sure your phone is on. 2. Enter a phone number. If you make a mistake while dialing,
Controlling Your Roaming Experience
Your phone is single-band, which means you can make and receive calls while on the Sprint PCS Nationwide Network and you can also roam on other digital networks where weve implemented roaming agreements with other carriers. To learn more about roaming, visit www.sprintpcs.com. Your phone has several features that let you control your roaming experience.
Setting Your Phones Roam Mode
1. From the main menu, highlight Settings and press
to erase one digit at a time. Or, press and hold to erase the entire number.

3. Press

to dial the number.
4. When youre finished, close the phone, press End Call and press OK to end the call.

or highlight

Answering Calls
1. Make sure your phone is on. If your phone is off, incoming
2. Highlight Roaming and press 3. Highlight Set Mode and press

calls go to voicemail.

2. When your phone rings or vibrates, answer the call by
4. To select an option, highlight it and press

pressing

3. To end the call, close the phone, press End Call and press OK.
. Sprint PCS: Lets you make and receive calls only on the Sprint PCS Nationwide Network and prevents roaming. Automatic: Searches for alternative wireless networks when Sprint PCS Service is not available.

Signal Strength

Call quality is always best when the antenna is fully raised. If youre inside a building, being near a window may give you better reception. You can see the strength of your signal by the signal indicator ( ) on your phones display screen.

Section 4

6 Making and Answering Calls

Section 5

Controlling Your Roaming Experience 7

Call Guard

Reminds you when you are making or receiving a roaming call and requires you to take additional steps before placing or answering it. These additional steps are not required when you make or receive calls while on the Sprint PCS Nationwide Network.

Accessing Voicemail From Another Phone
1. Dial your Sprint PCS Phone Number. 2. Press

when voicemail answers.

3. Highlight Audio Volume and press

3. Enter your pass code.

4. Highlight Ringer, Key Beep, Earpiece or PWR On/Off and
Displaying Sprint PCS Wireless Web Messages
1. From the main menu, highlight Messages and press
5. Highlight a volume setting and press
2. Highlight Page/Text or a custom folder and press
Adjusting Volume During a Conversation
. An asterisk before a folder indicates an unread message.
Press the volume keys on the side of your phone during the call.
3. Highlight the message you want to display and press
Press the 4-way navigator down to display additional text.

Section 7

10 Changing Your Phones Settings

Section 8

Sending and Receiving Messages 11
Sprint PCS Service Features

Call Waiting

To respond to an incoming call while youre on a call
To deactivate 1. Press 2. Press
. You will hear two sets of two short dial tones confirming the deactivation.
Highlight Flash and press OK. This puts the first caller on hold and lets you answer the second call. To switch between callers, highlight Flash and press OK again.

Three-Way Calling

or Highlight End Call and press OK to end your first call. To answer the incoming call, highlight Answer and press OK.
Talk to two different people at the same time. When using this feature, the normal airtime rates will be charged for each of the two calls.
1. Enter a number you wish to call and press

Call Forwarding

2. Once you have established the connection, highlight Dial 3-Way Call and press OK to put first caller on hold. 3. Dial the second number you wish to call and press
Lets you forward your calls to another number. You can still make calls from your phone while this is activated. There is a per call charge for this service.

To activate 1. Press

4. When youre connected to the second party, highlight Flash

and press.

once more to begin your three-way call.
2. Enter the area code and phone number to which your calls
If one of the people you called hangs up, you and the remaining caller stay connected. If you initiated the call and are the first to hang up, all three callers are disconnected.

should be forwarded.

. You will hear two sets of two short dial tones confirming the activation of Call Forwarding.

Section 9

12 Sprint PCS Service Features
Sprint PCS Service Features 13
Sprint PCS Voice CommandSM
With Sprint PCS Voice Command,, you can call a number just by saying a name.

Get started by setting up your Personal Address Book 1. Press
Your Phones Special Features

External Display

. The first time you use it, you will hear a tutorial before moving on to the next step.
Your phones external LCD display lets you see whos calling without opening the flip.

Silent Mode

2, Youll hear a tone followed by the prompt Ready. Say Add
Name to begin setting up your Personal Address Book.
Making a call with Sprint PCS Voice Command 1. Press
2. Youll hear a tone followed by the prompt Ready. 3. After the prompt, say Call and the name of the person or the
You may silence all of the phones sounds by pressing and holding the volume down button on the side of the phone. All sounds will be restored the next time the phone powers up, or you may simply press and hold the volume up button to return to normal mode.

number you want called.

4. Your request will be repeated and you will be asked to verify. Say
Yes to call the number or person. Say No to cancel.
Accessing information using Sprint PCS Voice Command 1. Press
2. Say Call the Web. 3. Choose from a listing of information categories like e-mail,
news, weather, sports and more.
14 Sprint PCS Service Features

Section 10

Special Features 15
Accessories for Your Phone

Standard Battery

Performance and Safety
Important Information About Your Phone and Service
Keeping Tabs on Signal Strength The quality of each call you make or receive depends on the signal strength in your area. Your phone informs you of the current signal strength by displaying a number of bars next to the signal strength icon. The more bars displayed, the stronger the signal. If youre inside a building, being near a window may give you better reception. Understanding the Power Save Feature If your phone is unable to find a signal after 15 minutes of searching, a Power Save feature is automatically activated. If your phone is active, it periodically rechecks service availability or you can check it yourself by pressing any key. Anytime the Power Save feature is activated, a message displays on the screen. When a signal is found, your phone returns to Standby mode. Understanding How Your Phone Operates Your phone is basically a radio transmitter and receiver. When it's turned on, it receives and transmits radio frequency (RF) signals. When you use your phone, the system handling your call controls the power level. This power can range from 0.006 watts to 0.2 watts in digital mode. Knowing Radio Frequency Safety The design of your phone complies with updated NCRP standards described below. To further limit RF exposure, you can limit the duration of your calls and operate your phone in the most power-efficient manner. In 1991-92, the Institute of Electrical and Electronics Engineers (IEEE) and the American National Standards Institute (ANSI) joined in updating ANSI's 1982 standard for safety levels with respect to human exposure to RF signals. More than 120 scientists, engineers and physicians from universities, government health agencies and industries developed this updated standard after reviewing the available body of research. In 1993, the Federal Communications Commission (FCC) adopted this updated standard in a regulation. In August 1996, the FCC adopted hybrid standard consisting of

Note: Never transport or store flammable gas, liquid or explosives in the compartment of your vehicle that contains your phone or accessories.

Caring for the Battery

Protecting Your Battery The guidelines listed below help you get the most out of your batterys performance. Use only Sprint PCS-approved batteries and desktop chargers. These chargers are designed to maximize battery life. Using other batteries or chargers voids your warranty and may cause damage. In order to avoid damage, charge the battery only in temperatures that range from 32 F to 113 F (0 C to 45 C). Dont use the battery charger in direct sunlight or in high humidity areas, such as the bathroom. Never dispose of the battery by incineration. Keep the metal contacts on top of the battery clean. Dont attempt to disassemble or short-circuit the battery. The battery may need recharging if it has not been used for a long period of time. Its best to replace the battery when it no longer provides acceptable performance. It can be recharged hundreds of times before it needs replacing. Dont store the battery in high temperature areas for long periods of time. Its best to follow these storage rules: Less than one month: 4 F to 140 F (-20 C to 60 C) More than one month: 4 F to 113 F (-20 C to 45 C) Disposal of Lithium Ion (LiIon) Batteries For safe disposal options of your LiIon batteries, contact your nearest Sprint PCS-authorized service center. Special Note: Be sure to dispose of your battery properly. In some areas, the disposal of batteries in household or business trash may be prohibited.
Note: For safety, do not handle a damaged or leaking LiIon battery.
Restricting Childrens Access to Your Phone Your phone is not a toy. Do not allow children to play with it as they could hurt themselves and others, damage the phone or make calls that increase your phone bill.
20 Performance and Safety
Performance and Safety 21
Acknowledging Special Precautions and the FCC Notice
FCC Notice This phone may cause TV or radio interference if used in close proximity to receiving equipment. The FCC can require you to stop using the phone if such interference cannot be eliminated. Vehicles using liquefied petroleum gas (propane or butane) must comply with the National Fire Protection Standard (NFPA-58). For a copy of this standard, contact the National Fire Protections Association, One Batterymarch Park, Quincy, MA 02269, Attn: Publication Sales Division. Cautions Any changes or modifications to your phone not expressly approved in this document could void your warranty for this equipment and void your authority to operate this equipment. Only use approved batteries, antennas and chargers. Although your phone is quite sturdy, it is a complex piece of equipment and can be broken. Avoid dropping, hitting, bending or sitting on it. Body-Worn Operation To maintain compliance with FCC RF exposure guidelines, if you wear a handset on your body, use the Sprint PCS approved carrying case, holster or other accessory. If you do not use a body-worn accessory, ensure the antenna is at least one inch (2.5 centimeters) from your body when transmitting. Use of non-Sprint PCS approved accessories may violate FCC RF exposure guidelines. For more information about RF exposure, visit the FCC Web site at www.fcc.gov.

Changing Service Plans. If you are on a Non-Term Service Plan, you may
change to a different Service Plan for which you qualify. Any change is effective at the start of your next full invoicing cycle unless otherwise specified by us at the time that you place your change order. If you change or add a different Service Plan or service feature and the change is effective prior to the start of your next full invoicing cycle, you will be invoiced a prorated amount. We may require a service charge for implementing any change directed by you in addition to the charges associated with the Service Plan or optional service features you select. If you are on a Term Service Plan and you want to change your service plan, you may be required to accept a new Term Service Plan and we may require you to pay the early termination fee set out in your Service Plan or other fee.
Provision of Service. Your purchase of a PCS Phone or other equipment does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for Services. Services in some areas are managed and provided under contract with Sprint by independent affiliates with access to the Sprint Nationwide PCS Network. Some Services may not be available or may operate differently in certain affiliate markets or other areas. Credit Verification. You must have and maintain satisfactory credit to
receive and continue to receive Services. We will verify your credit before agreeing to provide Services to you and we may verify your credit at any time while we provide Services to you. Credit verification may include a review of credit reports that we receive from credit bureaus. If at any time we determine, in our sole discretion, that payment for Services may not be made when due, we may suspend Services and require that you provide payment on account or a guarantee of payment before we resume Services.
Termination. Non-Term Service Plan. If you are on a Non-Term Service
Plan, you may terminate Services at any time by giving us notice. Subject to the terms of this Agreement, we may terminate Services at any time, with or without notice. If your Service has been suspended due to non-payment, you may be charged a reactivation fee. We may deactivate any Number before you receive notice of termination without liability to you. Termination by either of us may be with or without cause.
Termination. Term Service Plan. EXCEPT AS PERMITTED BY THE
AGREEMENT, IF YOU TERMINATE YOUR TERM SERVICE PLAN BEFORE THE END OF THE TERM, OR IF WE TERMINATE SERVICES FOR CAUSE BEFORE THE END OF THE TERM, YOU WILL BE REQUIRED TO PAY THE EARLY TERMINATION FEE ASSOCIATED WITH YOUR TERM SERVICE PLAN. No early termination fee is charged if you terminate a Term Service Plan in accordance with the return policy associated with your Term Service Plan. After the expiration of the term, the Terms relating to Non-Term Service Plans apply.

Service Plan. You may be eligible for a fixed length PCS Service Plan
("Term Service Plan") or for a month-to-month Service Plan ("Non-Term Service Plan"). We determine the Service Plan for which you qualify. Except as permitted by the Agreement, you must maintain service with us on your Term Service Plan for the minimum term associated with that Term Service Plan. We may offer non-identical Service Plans to different individuals or entities. Services and coverage under some Service Plans may be more limited than available under other Service Plans. Your Service Plan sets out the charges for Services and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan, or your Services terminate. Based on your credit rating or
Termination. General. Regardless of whether you have a Non-Term or a
Term Service Plan, we may terminate or suspend Services to you without liability if: (1) you breach any provision of this Agreement
(including if you fail to pay any charges for Services); or (2) you fail to pay any charges due us for equipment or otherwise. If Services are terminated before the end of your current invoicing cycle, we will not prorate the monthly recurring charge to the date of termination, and you will not receive a credit or refund for any unused minutes in your Service Plan.
to you with the purchase of your PCS device. See our printed in-store materials or visit www.sprintpcs.com for additional important information on Number transfers.
Phone Activation Fee. You may be required to pay a non-refundable
phone activation fee when you activate a new Number, have us switch a Number to a different phone, have your current Number changed, we activate a different phone on your existing account or your Service Plan says so.
Use of Services and Equipment; Availability. You must be at least 18
years old to subscribe to our Services. We may require you to provide proof of your age and identity. If you are under 18 years old you may be eligible for certain Services that have Account Spending Limits if a person 18 years or older is also named as a subscriber on the Account. Your PCS Phone will not accept the services of any wireless provider other than Sprint (but see Roaming). Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. By requesting Services, you agree that you will not use Services and equipment in any unlawful, fraudulent or abusive manner. You may not resell or lease Services or equipment to anyone.

Coverage. Most services are only available within the operating range of
the Sprint Nationwide PCS Network (also see Roaming). Coverage is not available everywhere. Coverage and quality of Services may be affected by conditions within or beyond our control, including network problems, signal strength, your equipment, and atmospheric, geographic, or topographic conditions. We do not guarantee service availability or that there will be no interruptions or delays in Services (e.g., dropped calls, blocked calls, etc.).
Number. We may change the phone number ("Number") assigned to
your PCS device without compensation by giving you prior notice. You do not own the Number. You may not modify the Number we program into any phone or other equipment, duplicate the Number to any device other than that authorized by us or, except as allowed for by law, transfer (port) the Number to any other individual or entity. If you transfer the Number to another carrier, the terms of the Agreement (including the rights and obligations set forth in the Termination paragraphs) still apply. In certain instances, you may transfer a Number from another carrier to Sprint. Sprint does not in any way guarantee that such transfers to (or from) Sprint will be successful. If a transfer to Sprint is not successful, you will be responsible any discounts provided
Charges. For most forms of wireless Service, your usage will be charged from the time you first initiate contact between your phone or other wireless device and the network until the network connection is broken, whether or not you are successful in connecting with the service with which you seek to connect, even if the connection is later broken or dropped. An exception is that you are not charged for voice calls that are not completed. You are charged for completed calls to your Number from the time shortly before the phone starts ringing until the call is terminated. You will be charged peak rates for the entire duration of calls initiated during the peak time periods applicable to your Service. You will be charged off-peak rates for the entire duration of calls initiated during the off-peak time periods applicable to your Service. In addition to these usage charges, you may be charged for recurring monthly service charges, applicable local and long-distance toll charges, other usage charges, (including voicemail access, call waiting, call forwarding, etc.), connection fees, roaming charges, directory assistance, call completion charges, account review and management charges, optional features you select at an extra cost, surcharges related to government programs, and taxes. Charges for most Services are incurred in one-minute increments, with partial minutes of use rounded up to the next highest minute. You must pay, by each invoice due date, all charges for Services provided to the Number for each phone or other equipment that our records show you activated, no matter who actually uses or has possession of the phone or other equipment at the time Services are provided. PCS Vision (Third Generation) Wireless Charges. For PCS Vision wireless

wireless services, including some messaging services, may result in the disclosure to others of your email address and other information about you in connection with your internet usage. Your accessing of, or use of, third party sites or services accessible PCS Vision wireless services may require the disclosure of information about you, subject to the policies of those sites and services. You consent to receiving advertising, warnings, alerts and other messages, including broadcast messages. Your access to PCS Vision wireless services is controlled by a password.
provided in the Service Plan in effect at the time the usage was incurred.
Payment. If you have authorized payment for Services or equipment by
credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us or billed by us on behalf of a third party. You must promptly notify us of any change in your invoicing address or of the credit card or bank account used for payment. We reserve the right to require payment by money order, cashier's check or other secured form of payment. If we take action to receive payment beyond invoicing you for charges for Services or equipment, you must pay our costs and expenses of collection, including attorneys' fees and expenses, the fees of any collection agency and court costs. If we act as an invoicing agent for a third-party service provider, payments received are first applied to amounts due and owing to us and any remaining amounts are applied to sums due and owing to the third-party service provider. We may immediately charge an additional fee for any check or other negotiable instrument endorsed by you and returned unpaid by a financial institution for any reason. You may be charged fees for certain methods of payment.
Voice Command. PCS Voice Command is an optional service that allows
you to place calls by using speech recognition technology. Calls to 911 or similar emergency numbers cannot be placed through the Voice Command feature. Airtime and applicable long distance charges for a call completed from your Number using the Voice Command feature begin when you press or activate the TALK or similar key(s) and end when your call is terminated by hitting the END key or by returning to the Voice Command platform. If you initiate and complete another call without leaving the Voice Command platform, a separate charge for that call will begin from the time the previous call was terminated. Airtime and applicable long distance charges will be applied to the entire length of a completed call initiated from Voice Command. Using Directory Assistance to input names into your Voice Command address book will incur additional charges.

a) any act or omission of any telecommunications service or other service provider other than us; b) any directory listing; c) any dropped calls or inability to place or receive calls; d) any interruption of Services, including interruptions caused by equipment or facilities failure or shortages, transmission limitations or system capacity limitations; e) traffic or other accidents, or any health-related claims allegedly arising from the use of Services, phones, equipment or accessories used in connection with the Services; f) the use of Wireless Web Services and PCS Vision applications and services, including the accuracy or reliability of any information
NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, PHONES OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Indemnification. You indemnify and defend us, our partners, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with: (1) your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services, and (2) any communications you make or receive using the Services. This indemnification extends to and includes any attorney's fees and costs incurred by us arising from any actions or claims to which this
indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.
MANDATORY ARBITRATION OF DISPUTES. ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE CUSTOMER AND THE COMPANY AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT TO PURSUE.
A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected according to the rules of CPR or, alternatively, may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then-applicable rules of the CPR Institute for Dispute Resolution. All expedited procedures prescribed by the applicable rules will apply. Any required hearing fees and costs shall be paid by the parties as required by the applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate.The arbitrator's decision and award will be final and binding (subject to the appeal clause below), and judgment on the award rendered by the arbitrator may be entered in any court with jurisdiction. An appeal may be taken under the CPR Arbitration Appeal Procedure from any final award of any arbitral panel in any arbitration arising out of or related to this agreement that is conducted in accordance with the requirements of such Appeal Procedure. Unless otherwise agreed by the parties and the appeal tribunal, the appeal shall be conducted at the place of the original arbitration.

40 Terms & Conditions/Warranty Information
Terms & Conditions/Warranty Information 41
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