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9. UNAUTHORIZED USAGE; TAMPERING: The TRACFONE handset is sold exclusively for use by you, the end
consumer, with the TRACFONE Service available solely in the United States, Puerto Rico and the U.S. Virgin
Islands. Any other use of your TRACFONE handset, including without limitation, any resale, unlocking and/or
reflashing of the handset is unauthorized and constitutes a violation of your agreement with TracFone. You agree
not to unlock, reflash, tamper with or alter your TRACFONE or its software, enter unauthorized PIN numbers,
engage in any other unauthorized or illegal use of your TRACFONE or the Service, or assist others in such
acts, or to sell and/or export TRACFONE handsets outside of the United States. These acts violate TRACFONE's
rights and state and federal laws. Improper, illegal or unauthorized use of your TRACFONE is a violation of this
agreement and may result in immediate discontinuation of Service and legal action. TRACFONE will prosecute
violators to the full extent of the law. You agree that any violation of this agreement through your improper,
illegal or unauthorized use or sale of your TRACFONE shall entitle TracFone to recover liquidated damages from
you in an amount not less than $5,000 per TRACFONE handset purchased, sold, acquired or used in violation
of this agreement.
Some TRACFONE handsets have SIM cards. If your TRACFONE has a SIM card, then you agree to safeguard
your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, and not to allow
any other person to, directly or indirectly extract, alter, bypass, copy, deactivate, remove, reverse-engineer or
otherwise circumvent, clone or reproduce the encoded information stored on, or the encryption mechanisms
of, your SIM card or TRACFONE Phone via any software and/or hardware methods. The Carriers, TracFone,
or its service providers, may, from time to time, remotely update or change the encoded information on your
SIM card. You may not use Your Service when you are located anywhere outside of the United States, Puerto
Rico or the U.S. Virgin Islands, including offshore or in international waters. Any such usage is considered
unauthorized for which your Service will be immediately suspended. In the event of suspension for this or any
other unauthorized usage, you will not be entitled to receive any refunds for your handset or unused airtime.
10. COVERAGE MAPS: You will find coverage maps on our website, tracfone.com. These maps are for general
informational purposes only. However, TracFone does not guarantee coverage, service availability or the rate
charged for any particular call. Even within a coverage area, factors such as terrain, weather, structures, foliage,
signal strength, traffic volumes, service outages, network changes, technical limitations, and your equipment
may interfere with actual service, quality and availability. Thus, it is possible your phone will roam even in the
area depicted as your home calling area. Actual coverage and service areas may vary from the maps and may
change without notice.
11. ROAMING: "Roaming" occurs when a subscriber of one wireless service provider uses the facilities of
another wireless service provider. Roaming usually occurs when you make and receive calls outside of your
network coverage area. When your TRACFONE is roaming, an indicator light on your handset may display the
word "Roam" or "RM" on the screen while the phone is not in use. For most TRACFONE models, roaming calls
are charged one (1) unit of airtime per minute, the same as all other calls. For some older TRACFONE models,
roaming calls may be charged at the rate of two (2) units of airtime per minute. Even if you are using your
TRACFONE in your network coverage area, roaming can occur if there is a high volume of callers in the area, if
your Carrier's signal is too weak or for other reasons. Instead of having a call blocked or dropped, your device
might use another's Carrier's tower or network to enable your call to go through. Thus, roaming is based on the
Carrier tower receiving and transmitting the call; not your physical location at the time the call is made. If you
have one of the older TracFone models that deduct 2 units per minute of use when roaming, you should check
the roaming indicator on your TRACFONE to determine actual areas where the roaming rate applies. When
the TRACFONE roaming indicator is displayed, the roaming rate will apply to calls made or received in that
area at that time. Availability, quality of coverage and Services while roaming are not guaranteed. TRACFONE
Smartphones and BYOP phones do not roam.
12. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT: Service is subject to transmission limitations caused
by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service
may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology
migration or limitations imposed by the Carrier, or because of equipment modifications, upgrades, repairs or
relocations or other similar activities necessary or proper for the operation or improvement of the Carrier's
radio telephone system. TracFone reserves the right to substitute or replace any TracFone equipment (including
handsets) with other TracFone equipment of comparable quality. TracFone cannot and does not guarantee that
your communications will be private or secure. Although it is illegal for unauthorized people to intercept your
communications, such interceptions can occur. Some functions and features referenced in the Manufacturer's
manual for a particular TRACFONE may not be available on your device. TracFone does not warrant or guarantee
availability of the network or of any Services at any specific time or geographic location or that the Services will
be provided without interruption. Neither TracFone, nor any Carrier, shall have any liability for Service failures,
outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your
phone outside during a lightning storm. You should also unplug your phone's power cord and charger to avoid
electrical shock and/or fire during a lightning storm.
13. LIMITED WARRANTY: A new or reconditioned TRACFONE is covered by a one year limited warranty, set
forth below, administered by TracFone. TracFone accessories have a 90-day limited warranty against defects in
materials and workmanship under normal use by the purchaser.
How to obtain Warranty Service. To obtain warranty service from TracFone on a new or reconditioned phone
or TracFone accessories, please contact Technical Support at 1-800-867-7183. If your problem cannot be
resolved over the phone, our TracFone technicians will provide you with a Ticket Number, which you will use
to send your phone and/or accessories to the designated TracFone Service Center for repair or replacement,
at TracFone's discretion.
Terms of Limited Warranty. TracFone warrants to you, the Customer, that your TRACFONE ("Product") is free
from defects in material and workmanship that result in Product failure during normal usage, according to the
following terms and conditions:
(1) The limited warranty for the Product extends for one (1) year beginning on the date of the purchase of the
Product.
(2) The limited warranty extends only to the original purchaser ("Consumer") of the Product and is not
assignable or transferable to any subsequent purchaser or end-user.
(3) The limited warranty extends only to Consumers who purchase the Product in its original packaging from
an authorized dealer.
(4) During the limited warranty period, TracFone will replace or repair, at TracFone's sole option, any defective
Products or parts (except as excluded below), or any Products or parts that will not properly operate for
their intended use (except as excluded below) with new or refurbished replacement Products or parts if
such replacement or repair is needed because of Product malfunction or failure during normal usage.
TracFone may, at its sole discretion, replace the Product with a refurbished phone of the same model if
available, or if not available, of a comparable model. The limited warranty does not cover loss of personal
information, passwords, contacts, music, ringtones, pictures, videos, applications or other content,
memory cards, software, defects in appearance, cosmetic, decorative or structural items, including
framing, and any non-operative parts. TracFone's limit of liability under this limited warranty is the actual
cash value of the Product at the time the Consumer returns the Product to TracFone for repair, determined
by the price paid by the Consumer for the Product less a reasonable amount for usage and depreciation.
TracFone shall not be liable for any other losses or damages. These remedies are the Consumer's exclusive
remedies for breach of this limited warranty.
(5) Upon request from TracFone, the Consumer must prove the date of the original purchase of the Product by
a dated bill of sale or dated itemized receipt.
(6) The Consumer shall have no coverage or benefits under this limited warranty if any of the following
conditions are applicable:
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