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a) The Product has been subjected to abnormal use or conditions, improper storage, exposure to moisture
or dampness, unauthorized modifications, connections or repairs, misuse, neglect, abuse, accident,
alteration, improper installation, or other acts which are not the fault of TracFone, including damage caused
by shipping.
b) The Product has been damaged from external causes such as collision with an object, or from fire,
flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an
Act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by
computer or internet viruses, bugs, worms, Trojan Horses, cancelbots or damage caused by the connection
to other products not recommended for interconnection by TracFone.
c) TracFone was not advised in writing by the Consumer of the alleged defect or malfunction of the Product
within fourteen (14) days after the expiration of the applicable limited warranty period.
d) The Product serial number plate or the enhancement data code has been removed, defaced or altered.
e) The defect or damage was caused by viruses or other software problems introduced into the Product.
(7) TracFone does not warrant uninterrupted or error-free operation of the Product or Service.
(8) TRACFONE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY IS THE CONSUMER'S
SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
TRACFONE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR
REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED
EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME,
THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING
FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY,
BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY,
EVEN IF TRACFONE KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. TRACFONE SHALL NOT BE LIABLE
FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, LOSS OF USE DURING THE
PERIOD THAT THE PRODUCT IS RETURNED FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE
LOSS OR UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS,
PICTURES, VIDEOS, APPLICATIONS, MUSIC, RINGTONES OR OTHER CONTENT.
(9) Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of
the above limitations or exclusions may not apply to you (the Consumer). This limited warranty gives the
Consumer specific legal rights and the Consumer may also have other rights which vary from state to state.
(10) TracFone neither assumes nor authorizes any authorized service center or any other person or entity to
assume for it any other obligation or liability beyond that which is expressly provided for in this limited
warranty including the provider or seller of any extended warranty or service agreement.
(11) This is the entire warranty between TracFone and the Consumer, and supersedes all prior and
contemporaneous agreements or understandings, oral or written, relating to the Product, and no
representation, promise or condition not contained herein shall modify these terms.
14. DISCLAIMER OF WARRANTIES: EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THESE TERMS
AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, TRACFONE SERVICES AND DEVICES ARE
PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR
SERVICE OR YOUR DEVICE.
15. LIMITATION OF LIABILITY: TracFone 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 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.
16. INDEMNIFICATION: You agree to indemnify and hold harmless TracFone 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/or TracFone Services including with a
BYOP device, whether based in contract or tort (including strict liability) and regardless of the form of action.
17. DISPUTE RESOLUTION: You agree that you will first contact us with any dispute and provide a written
description of the nature of the dispute, all relevant documents and other information concerning the dispute and
your proposed resolution before taking any formal action. If we are unable to reach a resolution of your dispute
within 60 days of your notice to us, you agree that instead of filing a lawsuit or small claims action in a court of
law, you will submit the dispute to binding arbitration as set forth in this provision. You may forward your dispute
to: TracFone Wireless, Inc., Attn: Dispute Resolution Department, 9700 NW 112 Avenue, Miami, FL 33178.
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'S
AGREEMENT WITH YOU. This provision is intended to encompass all disputes or claims arising out of your
relationship with TracFone, 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 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 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 by contacting our Executive
Resolution Department (as indicated above) 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
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. You and
TracFone 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 and TracFone in accordance with the WIA Rules, except that TracFone will reimburse you for the amount
of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel,
experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is
deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court,
you waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive
or exemplary damages. Unless TracFone and you agree otherwise, the location of any arbitration shall be in
the state where You reside or in Miami, Florida. Either or both parties may participate in the proceedings by
telephone. TracFone and You agree that no arbitrator has the authority to award punitive damages or any other
damages not measured by the prevailing party's actual damages. Neither You nor TracFone shall disclose the
existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award
rendered may be entered by any court having jurisdiction thereof.
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