Motorola I830 User Guide
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143 ANY ARBITRATION SHALL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR. CUSTOMER AND NEXTEL SHALL COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT OF ANY ARBITRATION PROCEEDING. IF CUSTOMER AND NEXTEL CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN THE THIRTY DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A NEUTRAL ARBITRATOR. CUSTOMER AND NEXTEL FURTHER AGREE THAT NO ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATORS DECISION AND AWARD SHALL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO SHALL BE APPLIED IN ANY ARBITRATION PROCEEDING. UNLESS THE CUSTOMER AND NEXTEL OTHERWISE AGREE, ANY ARBITRATION SHALL BE CONDUCTED IN THE COUNTY SEAT OF THE COUNTY IN WHICH CUSTOMERS BILLINGADDRESS IS LOCATED. ALL ADMINISTRATIVE COSTS AND FEES OF ARBITRATION SHALL BE BORNE EQUALLY BY CUSTOMER AND NEXTEL, EXCEPT IF THE CLAIM IS LESS THAN $1000, CUSTOMER WILL BE OBLIGATED TO PAY ONLY $25. FOR CLAIMS OVER $1,000 BUT UNDER $75,000, CUSTOMER WILL BE REQUIRED TO PAY ITS SHARE OF ARBITRATION FEES, BUT NO MORE THAN THE EQUIVALENT COURT FILING FEE FOR A COURT ACTION FILED IN THE JURISDICTION WHERE CUSTOMERS BILLING ADDRESS IS LOCATED. CUSTOMER AND NEXTEL SHALL EACH BEAR THE EXPENSES OF THEIR OWN COUNSEL, EXPERTS, WITNESSES AND THE PREPARATION AND PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION. Waiver of Jury Trial and Class Actions - BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND NEXTEL ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. CUSTOMER AND NEXTEL BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL AND NOT ON A
144Nextel ®Terms and Conditions of Service CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL BASIS, THIS SECTION 16 SHALL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTYS INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, CUSTOMER AND NEXTEL BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. 17. MISCELLANEOUS - Assignment - Customer may not assign all or any part of this Agreement (including any of its rights and duties under the Agreement) or sell or lease the Service to others without Nextels prior written consent. Nextel may assign all or any part of this Agreement to any successor or any other entity capable of performing Nextels obligations under thisAgreement without obtaining Customers consent or providing notice to Customer. Nextel shall be released from all liability upon assignment of this Agreement. Customer shall continue to be bound by the terms of this Agreement following assignment. Nextel Associates - Nextels subsidiaries, affiliates and certain third party service providers (the Nextel Associates) may provide wireless communication services in support of Nextel from time to time. All rights and protections afforded to Nextel by this Agreement are also afforded to the Nextel Associates. Notice - Notice to Customer shall be considered delivered if sent by U.S. Mail addressed to the most current address on file for Customer (effective three (3) days following deposit in U.S. Mail) or by electronic means such as email or text messaging (effective immediately upon transmission).WrittennoticetoNextelmustbe sufficient to identify Customer and the Service and shall be considered delivered when directed to Nextel Customer Care department and received by Nextel. Oral and electronic notice to Nextel shall be considered delivered on the date reflected in Nextels records. To ensure receipt of notice, Customer shall notify Nextel of any changes in Customers email or mailing address.
145 Limitation on Third Party Beneficiaries - This Agreement is not for the benefit of any third party other than the Nextel Associates. Governing Law - The laws of the state associated withtheareacodeassignedtoCustomersNumber will govern this Agreement, without regard to the conflicts of laws rules of that state. This Agreement is also subject to applicable federal laws and federal or state regulations or tariffs Entire Agreement - This Agreement and the policies to which it refers (e.g., Return Policy, Plan Information, and Payment Forms, to the extent such documentation may be applicable), form the entire Agreement between Customer and Nextel. There are no oral or written agreements between Customer and Nextel other than as set forth in this Agreement. If Customer is a business, Nextel shall not be bound by the terms and conditions included in Customers purchase orders or elsewhere, unless expressly agreed to in writing by a duly authorized officer of Nextel. If any provision of this Agreement is found to be illegal or otherwise invalid, the remainder of this Agreement will remain enforceable. If, at any time, Nextel fails to enforce any right or remedy under this Agreement (including, but not limited to, a waiver of Nextels right to written notice under the Agreement), Nextel shall retain the right to enforce such right or remedy at a later time.
146Safety and General InformationIMPORTANT INFORMATION ON SAFE AND EFFICIENT OPERATION. READ THIS INFORMATION BEFORE USING YOUR INTEGRATED MULTI-SERVICE PORTABLE RADIO.RF Operational CharacteristicsYour radio product contains a radio frequency transmitter to convey the information you wish to send as well as occasional automatic signals used to sustain connection to the wireless network, and a receiver which enables you to receive communication and connection information from the network.Portable Radio Product Operation and EME ExposureYour Motorola radio product is designed to comply with the following national and international standards and guidelines regarding exposure of human beings to radio frequency electromagnetic energy (EME):United States Federal Communications Commission, Code of Federal Regulations; 47 CFR part 2 sub-part J. American National Standards Institute (ANSI) / Institute of Electrical and Electronics Engineers (IEEE). C95. 1-1992. Institute of Electrical and Electronics Engineers (IEEE). C95. 1-1999 Edition. International Commission on Non-Ionizing Radiation Protection (ICNIRP) 1998. Ministry of Health (Canada). Safety Code 6. Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to 300 GHz, 1999. Australian Communications Authority Radiocommunications (Electromagnetic Radiation - Human Exposure) Standard 2003. ANATEL, Brasil Regulatory Authority, Resolution 256 (April 11, 2001) “additional requirements for SMR, cellular and PCS product certification.” To assure optimal radio product performance and make sure human exposure to radio frequency electromagnetic energy is within the guidelines set forth in the above standards, always adhere to the following procedures:
147 Portable Radio Product Operation and EME Exposure Phone OperationWhen placing or receiving a phone call, hold your radio product as you would a wireline telephone. Speak directly into the microphone.Two-way radio operationWhen using your radio product as a traditional two-way radio,hold the radio product in a vertical position with the microphone one to two inches (2.5 to 5 cm) away from the lips.Body-worn operationTo maintain compliance with FCC RF exposure guidelines, if you wear a radio product on your body when transmitting, always place the radio product ina Motorola approved clip, holder, holster, case or body harness for this product. Use of non-Motorola-approved accessories may exceed FCC RF exposure guidelines.If you do not use a Motorola approved body-worn accessory and are not using the radio product in the intended use positions along side the head in the phone mode or in front of the face in the two-way radio mode, then ensure the antenna and the radio product are kept the following minimum distances from the body when transmitting Phone or Two-way radio mode: one inch (2.5 cm) Data operation using any data feature with or without an accessory cable: one inch (2.5 cm) Antenna CareUse only the supplied or an approved replacement antenna. Unauthorized antennas, modifications, or attachments could damage the radio product and may violate FCC regulations. DO NOT hold the antenna when the radio product is “IN USE”.Holding the antenna affects call quality and may cause the radio product to operate at a higher power level than needed.Approved AccessoriesFor a list of approved Motorola accessories call 1-800-453-0920, or visit our website at www.motorola.com/iden.
148Safety and General InformationALL MODELS WITH FCC ID AZ489FT5828 MEET THE GOVERNMENT’S REQUIREMENTS FOR EXPOSURE TO RADIO WAVES. Your wireless phone is a radio transmitter and receiver. It is designed and manufactured not to exceed the emission limits for exposure to radiofrequency (RF) energy set by the Federal Communications Commission of the U.S. Government. These limits are part of comprehensive guidelines and establish permitted levels of RF energy for the general population. The guidelines are based on standards that were developed by independent scientific organizations through periodic and thorough evaluation of scientific studies. The standards include a substantial safety margin designed to assure the safety of all persons, regardless of age and health. The exposure standard for wireless mobile phones employs a unit of measurement known as the Specific Absorption Rate, or SAR. The SAR limit set by the FCC is 1.6W/kg. 1Tests for SAR are conducted using standard operating positions reviewed by the FCC with the phone transmitting at its highest certified power level in all tested frequency bands. Although the SAR is determined at the highest certified power level, the actual SAR level of the phone while operating can be well below the maximum value. This is because the phone is designed to operate at multiple power levels so as to use only the power required to reach the network. In general, the closer you are to a wireless base station antenna, the lower the power output. Before a phone model is available for sale to the public, it must be tested and certified to the FCC that is does not exceed the limit established by the government-adopted requirement for safe exposure. The tests are performed in positions and locations (e.g., at the ear and worn on thebody) as required by the FCC for each model. The highest SAR value for this model phone when tested for use at the ear is 1.41 W/kg and when tested on the body, as described in this user guide, is 1.45 W/kg during packet data transmission. (Body-worn measurements differ among phone models, depending upon available accessories and FCC requirements.) 2 While there may be differences between the SAR levels of various phones and at various positions, they all meet the government requirement for safe exposure. The FCC has granted an Equipment Authorization for this model phone with all reported SAR levels evaluated as in compliance with the FCC RF exposure guidelines. SAR information on this model phone is on file with the FCC and can be found under the Display Grant section of http://www.fcc.gov/oet/fccid after searching on FCC ID AZ489FT5828. Additional information on Specific Absorption Rates (SAR) can be found on the Cellular Telecommunications Industry Association (CTIA) web-site at http://www.wow-com.com.1In the United States and Canada, the SAR limit for mobile phones used by the public is 1.6 watts/kg (W/kg) averaged over one gram of tissue. The standard incorporates a substantial margin of safety to give additional protection for the public and to account for any variations in measurements.2The SAR information reported to the FCC includes the FCC-accepted Motorola testing protocol, assessment procedure, and measurement uncertainty range for this product.
149 Electro Magnetic Interference/Compatibility Electro Magnetic Interference/CompatibilityNote: Nearly every electronic device is susceptible to electromagnetic interference (EMI) if inadequately shielded, designed or otherwise configured for electromagnetic compatibility.FacilitiesTo avoid electromagnetic interference and/or compatibility conflicts, turn off your radio product in any facility where posted notices instruct you to do so. Hospitals or health care facilities may be using equipment that is sensitive to external RF energy.AircraftWhen instructed to do so, turn off your radio product when on board an aircraft. Any use of a radio product must be in accordance with applicable regulations per airline crew instructions. Medical DevicesPacemakersThe Advanced Medical Technology Association (AdvaMed) recommends that a minimum separation of 6 inches (15 cm) be maintained between a handheld wireless radio product and a pacemaker. These recommendations are consistent with those of the U.S. Food and Drug Administration. Persons with pacemakers should: ALWAYS keep the radio product more than 6 inches (15 cm) from their pacemaker when the radio product is turned ON. Not carry the radio product in a breast pocket. Use the ear opposite the pacemaker to minimize the potential for interference. Turn the radio product OFF immediately if you have any reason to suspect that interference is taking place.Hearing AidsSome digital wireless radio products may interfere with some hearing aids. In the event of such interference, you may want to consult your hearing aid manufacturer to discuss alternatives.
150Safety and General InformationOther Medical DevicesIf you use any other personal medical device, consult the manufacturer of your device to determine if it is adequately shielded from RF energy. Your physician may be able to assist you in obtaining this information.Use While DrivingCheck the laws and regulations on the use of radio products in the area where you drive. Always obey them. When using the radio product while driving, please: Give full attention to driving and to the road . Use hands-free operation, if available. Pull off the road and park before making or answering a call if driving conditions so require. Operational WarningsFor Vehicles with an Air BagDo not place a portable radio product in the area over the air bag or in the air bag deployment area. Air bags inflate with great force. If a portable radio is placed in the air bag deployment area and the air bag inflates, the radio product may be propelled with great force and cause serious injury to occupants of the vehicle.Potentially Explosive AtmospheresTurn off your radio product prior to entering any area with a potentially explosive atmosphere, unless it is a radio product type especially qualified for use in such areas as “Intrinsically Safe” (for example, Factory Mutual, CSA, or UL approved). Do not remove, install, or charge batteries in such areas. Sparks in a potentially explosive atmosphere can cause an explosion or fire resulting in bodily injury or even death. Note: The areas with potentially explosive atmospheres referred to above include fueling areas such as below decks on boats, fuel or chemical transfer or storage facilities, areas where the air contains chemicals or particles, such !!
151 Operational Cautions as grain, dust or metal powders, and any other area where you would normally be advised to turn off your vehicle engine. Areas with potentially explosive atmospheres are often but not always posted. Blasting Caps and AreasTo avoid possible interference with blasting operations, turn off your radio product when you are near electrical blasting caps, in a blasting area, or in areas posted: “Turn off two-way radio”. Obey all signs and instructions.Operational CautionsBatteriesAll batteries can cause property damage and/or bodily injury, such as burns if a conductive material such as jewelry, keys, or beaded chains touches exposed terminals. The conductive material may complete an electrical circuit (short circuit) and become quite hot. Exercise care in handling any charged battery, particularly when placing it inside a pocket, purse, or other container with metal objects. To reduce the risk of injury, batteries should not be exposed to fire, disassembled, or crushed. Cleaning and Drying ConsiderationsUsing a leather carry case may help protect the surfaces and help prevent liquids (e.g., rain) from entering into the interior of the radio product. This product is not water proof, and exposing the unit to liquids may result in permanent damage to the unit. If your radio product interior gets wet, then do not trytoacceleratedryingwiththeuseofanovenora dryer as this will damage the radio product and void the warranty. Instead, do the following: 1Immediately power off the radio product. 2Remove Battery and SIM card (if so equipped) from radio product. 3Shake excess liquid from radio product. 4Place the radio product and battery in an area that is at room temperature and has good air flow. 5Let the radio product, battery, and SIM card dry for 72 hours before reconnecting the battery and/or powering on the radio product. If the radio product does not work after following the steps listed above, contact your dealer for servicing information. !
152Safety and General Information Clean the external surfaces of the radio product withadampcloth,usingamildsolutionof dishwashing detergent and water. Some household cleaners may contain chemicals that could seriously damage the radio product. Avoid the use of any petroleum-based solvent cleaners. Also, avoid applying liquids directly on the radio product.Accessory Safety InformationImportant: Save these accessory safety instructions.Before using any battery or battery charger, read all the instructions for and cautionary markings on (1) the battery, (2) the battery charger, which may include a separate wall-mounted power supply or transformer, and (3) the radio product using the battery. Do not expose any battery charger to water, rain, or snow as they are designed for indoor or in-vehicle use only.To reduce the risk of damage to the cord or plug, pull by the plug rather than the cord when you disconnect the battery charger from the power source outlet. Do not operate any battery charger with a damaged cord or plug — replace them immediately. Battery chargers may become warm during operation, but not hot. If it becomes hot to the touch, unplug it from the power outlet immediately and discontinue its use. Use of a non-recommended attachment to a battery charger may result in a risk of fire, electric shock, or injury to persons. Make sure the battery charger power cord is located so that it will not be stepped on, tripped over, or subjected to damage or stress. An extension cord should not be used with any battery charger unless absolutely necessary. Use of an improper extension cord could result in a risk of fire and electric shock. If an extension cord must be used, make sure that: The pins on the plug of the extension cord are the same number, size, and shape as those on the plug of the charger. The extension cord is properly wired and in good electrical condition. Warning: To reduce the risk of injury, charge only the rechargeable batteries described in “Battery” on page 4. Other types of batteries may burst, causing personal injury and damage. !!