Motorola EX431G Service Manual page 22

TERMS AND CONDITIONS OF SERVICE
cancel, or attempt to cancel a Data Service download, a subscription purchase or a multi-media message in
progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be
charged in accordance with the terms and conditions set forth herein.
Non-Rated Content. TracFone Wireless strives to present and offer only generally acceptable content. However,
it is impossible to proof all content, titles and news articles for appropriate content. TracFone Wireless content
is NOT rated and you are solely responsible for the use of such material, which may be offensive or objectionable
to you or to others. You agree not to hold TracFone Wireless liable for any offensive or objectionable content.
Additional Information. For more information on Data Services, please consult the Data Services Quick Guide.
Additional information can also be found at www.tracfone.com.
20. OUR RIGHT TO TERMINATE YOUR SERVICE
You agree not to use your Phone for any purpose that is not allowed by this agreement or that is illegal.
WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE FOR VIOLATING THIS PROVISION OR FOR
ANY OTHER GOOD CAUSE, including, but not limited to, if You: (a) violate any of the terms and conditions of
service; (b) lie to us or attempt to defraud us; (c) allow anyone to extract, clone, reverse engineer or tamper
with your Phone, the software and/or hardware on your Phone or your SIM card or insert your SIM card in another
phone; (d) threaten or commit violence against any of our employees or customer service representatives;
(e) use vulgar and/or inappropriate language when interacting with our representatives; (f) steal from us;
(g) harass our representatives; (h) interfere with our operations; (i) engage in abusive messaging, emailing
or calling; (j) modify your device from its manufacturer's default specification; or (k) use the service in a way
that adversely affects our network or the service available to our other customers. We reserve the right to,
without notice, limit, suspend or end your service for any other operational or governmental reason. In addition
to permanently terminating your Service, criminal offenses (i.e., threatening violence, etc.) will be reported to
the appropriate legal authorities for prosecution.
21. LIMITATION OF LIABILITY
TracFone Wireless will not be liable to you for any indirect, special, incidental, consequential, exemplary or
punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may
occur) by reason of any act or omission in its provision of equipment and Services. TracFone Wireless will not
be liable for any act or omission of any other company furnishing a part of our Services or any equipment or
for any damages that result from any Service or equipment provided by or manufactured by third parties.
TERMS AND CONDITIONS OF SERVICE
22. INDEMNIFICATION
You agree to indemnify and hold harmless TracFone Wireless from any and all liabilities, penalties, claims,
causes of action, and demands brought by third parties (including the costs, expenses, and attorneys' fees on
account thereof resulting from your use of a TRACFONE and TRACFONE Services, whether based in contract or
tort (including strict liability) and regardless of the form of action.
23. BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES
FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF
LITIGATION) EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED SALE, EXPORT, ALTERATION AND/OR
TAMPERING OF YOUR TRACFONE, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS, THROUGH ARBITRATION
INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM.
ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION
CLAUSE SHALL SURVIVE TERMINATION OF TRACFONE WIRELESS' AGREEMENT WITH YOU. This provision is
intended to encompass all disputes or claims arising out of your relationship with TracFone Wireless, arising
out of or relating to the Service or any equipment used in connection with the Service (whether based in
contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration
provision shall preclude TracFone Wireless from bringing claims concerning the unauthorized sale, export,
alteration, and/or tampering of your TRACFONE, its software, the Service and/or PIN numbers in state or federal
court References to you and TracFone Wireless include our respective subsidiaries, affiliates, predecessors in
interest, successors, and assigns. All claims will be resolved by binding arbitration where permitted by law.
You must first present any claim or dispute to TracFone Wireless by contacting Customer Care to allow an
opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall
be conducted in accordance with the American Arbitration Association ("AAA") under the Commercial Dispute
Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively "AAA
Rules"), as modified by this agreement. The AAA Rules are available online at www.adr.org or by calling the
AAA a 1-800-778-7879. You and TracFone Wireless agree that use of the Service evidences a transaction in
interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the
Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope
of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and TracFone Wireless
agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or
representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one
person's claims, and may not otherwise preside over any form of a representative or class proceeding. If the
preclusion of consolidated, class wide or representative proceedings is found to be unenforceable, then this
entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you