XOHM believes it should be easy for you to find and read all of our policies whenever you want without a lot of searching. Our terms and conditions are listed below, or you can explore our other policies listed at the left.
In this document: (1) “we,” “us,” “our,” “XOHM,” and “Sprint” mean Sprint Solutions, Inc. and its affiliates doing business as Sprint, Nextel or XOHM; (2) “you,” “your,” “customer,” “member,” and “user” mean a XOHM account holder or user with us; (3) “Device” means any phone, aircard, device, accessory or other product permitting certified fourth generation wireless internet connectivity to the XOHM Service; and (4) “Service” means our offers, rate plans, options, access, or services on your XOHM account with us.
The Subscriber Agreement ("Agreement") is a contract under which we provide and you accept our Services. In addition to these Terms and Conditions of XOHM Service ("Ts&Cs"), there are several parts to the Agreement, including, but not limited to, the detailed plan or other information on Services we provide or refer you to during the sales transaction, and any confirmation materials we may provide you. It is important that you carefully read all of the terms of the Agreement.
These Ts&Cs apply to our XOHM Services and any other Service we offer you that references these Ts&Cs. Additional terms will apply when you use certain Services, typically those you can access online (for example, picture/video Services, online forums, etc.). Additional terms will also apply if you activate Services as part of a bundle with another company's services. The additional terms for bundled Services may either modify or replace certain provisions in these Ts&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 still apply to our Services). You will be provided details on any additional terms with your selection of any bundled Service. Individual-liable discounts for wireless services available under employer's, association's or other organization's service agreements do not apply to XOHM Services.
Services are subject to our business policies, practices and procedures ("Policies"), including, but not limited to, our Privacy Policy and Acceptable Use Policy - both available at our website. You agree to review those policies regularly to stay informed about our privacy practices and the uses of the XOHM Services that are permitted.
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 through any printed, oral or electronic statement; (b) attempt to or in any way use the Services; (c) pay for the Services; or (d) open any package 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.
You must first set up a XOHM account with us. A credit or debit card is required to purchase the Services. For recurring Services, you authorize us to charge your credit/debit card for all recurring subscription charges for each new subscription period until you terminate the Services. We are not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by XOHM. You agree to provide us updated credit/debit card information upon request. We may provide your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse. To use the Services, you must go to XOHM.com to activate your Device.
We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, or your terms of Service. We will provide you notice of material changes, and may provide you notice of non-material changes, in a manner consistent with this Agreement (see "Providing Notice To Each Other Under This Agreement" section). If you continue to access or use our Services on or after the effective date of a change, you accept the change. Do not access or use our Services after the effective date of a change if you decide to reject the change and terminate Services.
We can, without notice, suspend or terminate any Service at any time for any reason, including, but not limited to: (a) failure to provide or maintain a valid credit/debit card and/or authorization to pay for the Services, (b) harassing/threatening our employees or agents; (c) providing false information; (d) interfering with our operations; (e) using/suspicion of using Services in any manner restricted by or inconsistent with the Agreement; (f) breaching the Agreement, or failing to follow our Policies; (g) providing false, inaccurate, dated or unverifiable identification or credit/debit card information; (h) modifying a Device from its manufacturer specifications; or (i) if we believe the action protects our interests, any customer's interests or our network.
You can change or terminate Services at any time by contacting us and requesting the change or requesting that we deactivate all Services. Changes and terminations to Services are usually effective immediately after you notify us, but no later than 24 hours after notifying us. You are responsible for all charges billed or incurred prior to the change or termination. When a Service is terminated, you will receive a pro-rated refund of the unused portion of any pre-paid Service if the unused portion has at least 24 hours of unused Service.
Acceptable and prohibited uses of the Service can be found in our Acceptable Use Policy, which is available at our website.
We don't manufacture any Device 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. You have no and cannot gain any (for example, through publication, use, etc.) proprietary, ownership or other rights to any identification number, e-mail address or other identifier we assign to you, your Device or your account. We'll notify you if we decide to change or reassign them.
Coverage availability can be determined at our stores and on our website. The specific network coverage you get will depend on the radio transmissions your Device can pick up and Services you've chosen. Coverage isn't available everywhere and Service speeds are not guaranteed. Service speeds may depend on the Service purchased. Actual throughput 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 (network problems, network or internet congestion, software, signal strength, your Device, structures, buildings, weather, geography, topography, server speeds of the websites you access, 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 GPS navigation, depend on your Device's ability to acquire satellite signals (typically not available indoors) and network coverage.
"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. Your ability to receive roaming coverage depends on the radio transmissions your Device can pick up and the availability of roaming coverage. Roaming coverage can exist both within and outside our network coverage areas.
Our Services and your Device may allow you to access the Internet, text, pictures, video, games, graphics, music, email, 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 (third party websites, games, ringers, etc.). We make absolutely no guarantees about the Data Content 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 on your account. We strongly recommend you monitor data usage by children/minors. Data Content from third parties may also harm your Device or its software. To protect our network, Services, or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.), limit throughput or the amount of data you can transfer, or otherwise limit or terminate Services.
Based on our Policies, we may charge activation, prepayment, reactivation, program or other fees to establish or maintain Services. You will be provided notice of these types of fees before we complete the requested transaction.
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 pre-paid charges, which may be one time charges or monthly recurring subscription charges, and 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 we may send to you. If you (the account holder) allow end users to access or use your Devices, you authorize end users to access, download and use Services.
When purchasing the Services, we assess "subscription charges" - charges that allow you access to the Services and/or provide you a certain amount of use of the Services for a defined period of time. Also, depending on your Service, certain types of subscription charges may be assessed automatically upon activation and automatically assessed for subsequent subscription periods.
The types of charges you incur will vary depending on the Service used. See the detailed plan or other information we provide or refer you to during the sales transaction for the actual usage charges applicable to your Service. You will generally be charged for use of Services before or at the time of use. In certain instances, we may charge at some point after you use the Services. Services offered on a per-day basis end 24 hours after Service is initiated. Services offered on a recurring basis do not end until terminated by you or us. Subscription charges for recurring Services occur at the beginning of each bill cycle. Information regarding your bill cycle for recurring Services will be provided when you order the Services.
Your bill summary can be accessed via electronic delivery on our website, and provides you a summary of the charges you have paid. It reflects pre-paid charges for the Services, and may reflect applicable taxes, fees and surcharges. Your bill summary may also include other important notices (for example, changes to this Agreement, to your Service, legal notices, etc.).
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 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.
You agree to pay all surcharges ("Surcharges"), which may include, but are not limited to: Federal Universal Service, various regulatory fees, Sprint administrative charges, gross receipts charges, and charges for the costs we incur in complying with governmental programs. Surcharges are not taxes and are not required by law. They are rates we choose to collect from you and are kept by us in whole or in part. The number and type of Surcharges may vary depending upon the location of your primary billing address and can change over time. We determine the rate 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 a manner consistent with this Agreement (see "Providing Notice To Each Other Under The Agreement" section). However, since some Surcharges are based on amounts set by the government or based 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.
Any dispute to a charge we assess you must be made in writing within 60 days of the date we charge your credit/debit card. You accept all charges not properly disputed within the above time period.
We can take any action to: (1) protect our network, our rights and interests, or the rights of others; or (2) optimize or improve the overall use of our network and Services. For additional information on what we do to protect our customers, network, Services and equipment, see our Acceptable Use Policy at our website.
Our Privacy Policy is available on our website. You agree to review the policy regularly to stay informed about our privacy practices. Among other things, the policy includes important information on what information we collect about you, how we use that information, and with whom we share that information (for example, to provide you certain Services, to protect our rights and interests, to respond to legal process, to facilitate a merger, etc.). If you do not agree with our privacy practices, do not purchase or use our Services.
You agree that we may access, monitor, use or disclose your personal information or communications, including information about your use of our Services, to: (a) comply with the law; (b) protect our rights or property including enforcing this Agreement or any other XOHM or Sprint terms and conditions of service or policies; (c) respond to emergencies; (d) to initiate, render, bill, and collect for services; (e) facilitate or verify the appropriate calculation of taxes, fees, or other obligations due to a local, state, or federal government requirement or eligibility for government benefits; (f) better understand, monitor or enhance our Services (e.g. we may monitor your use of our services to understand if network improvements are necessary); and (g) create anonymized data from which your personal information is removed or obscured.
Our services may be accessed from other countries. As a condition of using the XOHM Service from outside the United States, you agree any personal information may be transferred to the United States or elsewhere for processing, storage and use.
We encourage you (the account holder) to ensure the privacy of your account information by establishing passwords. You agree not to share this authentication information, except with those individuals whom you want to have access to your account. You agree that we may contact you in our discretion about important account related matters through the contact information you provide, through the Services or Devices to which you subscribe or through any other available means.
As we provide telecommunications products and Services to you (the account holder), we develop information about the quantity, technical configuration, type 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 safeguards that are designed to protect your CPNI, including authentication procedures when you contact us. For some accounts with a dedicated XOHM representative, we may rely on contacting your pre-established XOHM or Sprint point-of-contact as the standard authentication measure.
To the extent that you subscribe to any third party service provided by or through XOHM, you consent to our monitoring, collection access or use of any information related to your use of such services. If you provide personal information to a third party or use third party services that automatically collect information (e.g. a Google application or service), you will be giving information to that third party provider and that third party's policies and terms will govern that information. You must review any such third party privacy policies prior to providing information or using the service to ensure that it is acceptable by you.
When you use your Device or enable other data services, we collect your location information to provide you with services, including location based services. We may also use your location information to create anonymized data from which your personally identifying information is removed or obscured. If using third party services, carefully review the privacy policies of third parties with whom you have authorized the sharing of your location information. The terms and conditions of those services may provide more information about how location information is used and disclosed. Many location sensitive services required network coverage. 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-sensitive services. If any Device on your account uses a location-sensitive service, you (the account holder) authorize the end user to download, access and use location sensitive services. You further agree to clearly and regularly notify the end user of your Device that their location may be tracked or discovered. For additional information on location-sensitive services, review our Privacy Policy, which is available at our website.
Call us immediately if your Device is lost or stolen to terminate the Service. You agree to cooperate if we choose to investigate the matter (provide facts, sworn statements, etc.). You will not be refunded any amounts you paid for the Device, but will be refunded a pro-rated amount of the unused portion of any pre-paid Services as provided for in the Your Right To Change or Terminate Services & When Changes Are Effective Section of these Ts&Cs.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, 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). WE DON'T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF.
You agree that neither we nor our vendors, suppliers, partners or licensors are responsible for any damages resulting from: (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) interrupted, failed, or inaccurate location information services; (f) information or communication that is blocked by a spam filter; (g) damage to your Device or any computer or equipment connected to your Device, or damage to or loss of any information stored on your Device, computer, equipment, or XOHM storage space from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio (h) 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.
TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS 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 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.
We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. We agree to contact each other as described in the Providing Notice To Each Other Under The Agreement section of these Ts&Cs.
(1) “Disputes” are any claims or controversies against each other related in any way to our Services or the Agreement, including, but not limited to, coverage, Devices, privacy, or advertising, even if it arises after Services have terminated - this includes claims you bring against our employees, agents, affiliates or other representatives, or that we bring against you.
(2) If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. Notice to you will be sent as described in the Providing Notice To Each Other Under The Agreement section of these Ts&Cs and notice to us will be sent to: General Counsel; Arbitration Office; 2001 Edmund Halley Drive VARESP0513-502; Reston, Virginia 20191. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.
(3) The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
(4) The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with the terms of the Agreement, the terms of the Agreement apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
(5) Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in the county of your contact address of record on your XOHM account. The federal or state law that applies to the Agreement will also apply during the arbitration.
(6) We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual's claim).If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn't apply and the dispute must be brought in court.
(7) We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, we will cover any arbitration administrative or filing fees above: (a) $25 if you are seeking less than $1,000 from us; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.
Either of us may bring qualifying claims in small claims court. In addition, this arbitration provision does not prevent you from filing your dispute with any federal, state or local government agency that can, if the law allows, seek relief against us on your behalf.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
You agree to indemnify, defend and hold us harmless from any claims arising out of 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-sensitive services (see "Location Based 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.
Except as the Agreement specifically provides otherwise, you must provide us notice by calling customer service. We will provide you notice, including any notices required by law, via correspondence to your contact email of record on your XOHM account, your contact address of record on your XOHM account or your contact phone number of record on your XOHM account.
Subject to federal law or unless the Agreement specifically provides otherwise, this Agreement is governed solely by the laws of the state of your contact address of record on your XOHM account, without regard to the conflicts 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 3rd 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. We can assign the Agreement. 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 (including, but not limited to, those relating to payment, dispute resolution, no class action, no jury trial), survive termination of Services.