Tracfone wireless service agreement

I. Agreement to Arbitrate Disputes

II. Express Written Consent to Receive Communications

III. Terms and Conditions of Service

IV. Return Policy

V. Limited Warranty

VI. Unlocking Policy

THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION I BELOW.

Binding Agreement. Please read these Terms and Conditions of Service, Agreement To Arbitrate Disputes, and Express Written Consent to Receive Communications From TracFone (“Agreement” or “Terms and Conditions”) carefully. These Terms and Conditions are a legally binding agreement between You and TracFone Wireless, Inc., d/b/a Tracfone (“Tracfone”), which is a Delaware corporation that maintains its principal place of business in Miami, Florida.

Acceptance of Terms and Conditions. Your acceptance of the Terms and Conditions in this Agreement occurs when you do the earliest of any of the following actions (i) receive notice or a copy of the Tracfone Terms and Conditions; (ii) give Tracfone a written or electronic signature, or tell Tracfone orally that You accept; (iii) use a Tracfone Product (“Product”) or Tracfone Service (“Service); (iv) activate or continue Service; (v) register Your Account with Tracfone; (vi) use Your Service after Your Service is activated; (vii) make any addition or change to Your Service; or (viii) pay for Your Service or any Product. For assistance or more information, please contact Tracfone Customer Care at 1-800-867-7183.

Tracfone reserves the right to change or modify any of these Terms and Conditions at any time. Any changes or modifications to these Terms and Conditions are effective and will be binding upon you when posted on our website at tracfone.com. Because these Terms and Conditions are subject to change at any time, you should always check our website for the most current Terms and Conditions. For assistance or more information about your Tracfone Product or Service, please contact Tracfone Customer Care at 1-800-867-7183.

I. AGREEMENT TO ARBITRATE DISPUTES

Important Notice: Many customer concerns can be resolved quickly and to your satisfaction by contacting the Customer Care Department, at 1-800-867-7183. Before taking any formal action, you agree to first contact us and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within 30 days of your notice to us, you agree to submit your dispute to binding arbitration, or small claims court, as set forth in this provision. Please forward your dispute to: TracFone Wireless, Inc., Attn: Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, Florida 33178.

A. Agreement to Arbitrate Disputes. This section of the Agreement shall be referred to as the “Agreement to Arbitrate Disputes.” This Agreement to Arbitrate Disputes shall be deemed a contract entered into under the law of the State of Florida. The operative version of the Agreement to Arbitrate Disputes is the version that applied or applies at the time you Accepted the Agreement to Arbitrate Disputes, as defined in Section I (B), below, or in the event that you have never activated your Service, the most recent time of purchase of any Product or Service that is at issue in your dispute with TracFone.

B. Time of Acceptance of Agreement to Arbitrate Disputes. Your agreement with Tracfone to arbitrate disputes starts when you accept the Tracfone Terms and Conditions. You accept the Tracfone Terms and Conditions by doing the earliest of any of the following actions (i) receive notice or a copy of the Tracfone Wireless Terms and Conditions; (ii) give Tracfone a written or electronic signature, or tell Tracfone orally that You accept; (iii) use a Tracfone Product or Service; (iv) activate or continue Service; (v) register Your Account with Tracfone; (vi) use Your Service after Your Service is activated; (vii) make any addition or change to Your Service; or (viii) pay for Your Service or any Product.

C. Effect of Acceptance. Once accepted, this Agreement to Arbitrate Disputes applies to all disputes involving you and Tracfone regardless of when the circumstances giving rise to the dispute occurred, including after the termination of your use of any Tracfone Service of Product. The Agreement to Arbitrate Disputes remains effective even if you let your Service lapse, reactivate your Service after a lapse, or if you terminate your Service with Tracfone.

D. Binding Arbitration. Please read this Section carefully as it affects rights that you may otherwise have. It requires the use of individual arbitration rather than jury trials or class actions to resolve disputes and claims (including ones that already are the subject of litigation). Arbitration is more informal than litigation because it uses a neutral arbitrator instead of a judge or jury and allows for less discovery and less appellate review than in court. This Agreement to Arbitrate Disputes shall survive termination of the Tracfone Terms and Conditions, or termination of your use of the Service or any Tracfone Product. You agree that you are aware that there is no judge nor jury in arbitration but that any arbitrator may award you the same damages and relief that you may be able to recover in a court of law subject to the limitation of liability in Section III of this Agreement. You and Tracfone further agree that the arbitrator must honor the terms of this Agreement. Notwithstanding the foregoing, provided that such action is within the governing jurisdictional limitations, either party may bring a claim on an individual basis only in small claims court or the small claims division of a court of appropriate jurisdiction.

E. Claims Covered By Agreement to Arbitrate Disputes. This Agreement to Arbitrate Disputes governs all claims or disputes between you and Tracfone, with no exceptions. References to you and TracFone include our respective suppliers, vendors, service providers, service companies, or their respective subsidiaries, officers, agents, partners, employees or consultants, predecessors in interest, successors, and assigns. This Agreement to Arbitrate Disputes includes, but is not limited to, any and all claims for relief and theories of liability, between You and Tracfone, whether based on contract, tort, fraud, negligence, regulation or ordinance; claims for relief under any state or federal statutes including, but not limited to, the federal and any state analogs of the Telephone Consumer Protection Act, the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, and other statutes; claims for common law, fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with Tracfone, any interactions between you and Tracfone, and/or claims arising from or related to your contract with Tracfone. If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

F. Severance. If any term of this Agreement to Arbitrate Disputes is to any extent unconscionable, invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such unconscionability, invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.

G. Types of Relief. All claims between you and Tracfone, including claims for money damages or for any kind of injunctive, declaratory or non-monetary relief, will be resolved by binding arbitration, where permitted by law. If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

H. Delegation Provision. You and Tracfone clearly and unmistakably agree that the Arbitrator shall have the power to rule on his or her own jurisdiction, the existence, scope, validity, and arbitrability of this Agreement. This Delegation Provision shall be deemed a contract entered into under the law of the State of Florida, and will be governed by the laws of the State of Florida, together with the Federal Arbitration Act. Your agreement with Tracfone to be bound by this Delegation Provision starts when you Accept the Terms and Conditions.

I. Single Arbitrator. Claims shall be heard by a single arbitrator.

J. No Class Action in Arbitration. 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 and Tracfone agree that the arbitrator may not consolidate proceedings or consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Each party waives the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

K. AAA Rules. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879. The AAA Expedited Procedures will govern any dispute. It shall be the expectation of Tracfone and you that any Final Award in the arbitration shall be entered no more than 120 days after the latter of the filing of the demand for arbitration and the service demand for arbitration on the respondent. While the arbitrator may extend such deadline in exceptional circumstances, the AAA shall only appoint an arbitrator who, at the time of appointment, expects to be able to enter a Final Award within this timeframe.

L. Interpretation of Agreement to Arbitrate Disputes. You and Tracfone agree that use of Tracfone Service or Products evidences a transaction in interstate commerce, and this arbitration provision will be interpreted and enforced in accordance with the law of the State of Florida, the Federal Arbitration Act, and federal arbitration law.

M. Payment of Fees in Arbitration. (i) For claims that you bring against Tracfone: absent a finding that Your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), if you initiate an arbitration in which you seek no more than $30,000 in damages, TracFone will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement to Arbitrate Disputes, with the exception that you are responsible for a portion of the initial filing fees of an arbitration initiated in accordance with this Agreement to Arbitrate Disputes, based on the total amount of damages you are seeking (the “Arbitration Filing Fee Payment”). If you are seeking no more than $500 in damages, the amount of your required Arbitration Filing Fee Payment will be $55. If You are seeking more than $500 in damages, but less than $30,000.01 in damages, the amount of your required Arbitration Filing Fee Payment will be $175. If you fail to pay the Arbitration Filing Fee Payment at the commencement of the arbitration, Tracfone will make that payment on your behalf upon demand from the arbitrator. The arbitrator will then invoice you for the Arbitration Filing Fee Payment at the next opportunity, which you will be required to promptly pay in order for the arbitration to continue. Unless the arbitrator makes a determination that you would qualify for indigent party status, under no circumstances will your obligation to pay the Arbitration Filing Fee Payment be held in abeyance until the conclusion of the arbitration. If you prevail at arbitration, you will receive your Arbitration Filing Fee Payment back from TracFone as part of the award from the arbitrator. If, however, the arbitrator does deem that your demand was frivolous, was brought for an improper purpose, or was malicious, payment of all fees will be determined in accordance with AAA Rules. Except as provided by Section I (Q) of this Agreement, Tracfone hereby waives any right to seek its attorneys’ fees from you in the event that it prevails in the arbitration, except where your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. If you initiate an arbitration in which you seek more than $30,000 in damages, the payment of fees will be governed by the AAA Rules. (ii) For claims that TracFone brings against you, the payment of fees will be governed by the AAA Rules.

N. Location of Arbitration. Unless You and Tracfone agree otherwise and in an effort to reduce the burden of arbitration on you, the location of any arbitration shall be in the county of your residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Miami, Florida, unless you and Tracfone agree otherwise. Either or both parties may participate in the proceedings virtually including, without limitation, by telephone.

O. Governing Law in Arbitration Proceeding. The arbitrator shall apply the law of the State in which you, the customer, resides to the substantive issues that are at issue in the dispute. If you reside outside of the United States, then the arbitrator shall apply the law of the State of Florida to the substantive issues that are at issue in the dispute. Notwithstanding anything to the contrary, the arbitrator shall apply the laws of the State of Florida and the Federal Arbitration Act to interpret and enforce this Agreement to Arbitrate Disputes and each of its provisions, including with regard to any issues over acceptance of the terms of the Agreement to Arbitrate Disputes. Judgment on the award rendered may be entered by any court of competent jurisdiction.

P. Disclosure with Consent of Both Parties. Except as may be required by law, such as through a petition to confirm or a petition to vacate an arbitration award, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Q. Provision for Settlement Offer in Arbitration. At any time that is 30 days after the filing of the demand for arbitration, the respondent may make a monetary settlement proposal to the party who filed the arbitration (the “Settlement Proposal”). The party who filed the arbitration shall have 30 days to accept the Settlement Proposal, however, the Settlement Proposal can be withdrawn prior to acceptance. In the event that the monetary amount of the Final Award of the arbitrator is less than 50% of the monetary amount in a Settlement Proposal that was available to be accepted by the party who filed the arbitration, then the arbitrator shall award the respondent its attorneys’ fees incurred after the Settlement Proposal was made, in the form a Supplemental Final Award. However, the amount of attorneys’ fees to be awarded as part of such Supplemental Final Award shall be limited to an amount no greater than the amount equal to 40 hours of attorney time, at a rate of $125 / per hour. The award may cover time incurred either by outside counsel and/or in-house counsel. Application for such award shall be made to the arbitrator no more than 7 days after entry of the final award and shall be supported by a verified application made by an attorney for the party seeking such award. The arbitrator shall only be made aware of a Settlement Proposal made under this Section in the event that application for a Supplemental Final Award under this Section is made. This Provision For Settlement Offer In Arbitration shall not be deemed to be a material part of the Agreement to Arbitrate Disputes and shall be severed from the Agreement to Arbitrate Disputes to the extent it is determined to be unconscionable, invalid, illegal, or otherwise unenforceable, in which case all other terms hereof shall remain in full force and effect.

R. Opt Out. You have the right to opt out of this Agreement to Arbitrate Disputes within 14 days of the “Acceptance of Agreement to Arbitrate Disputes”, as defined in Section I (B). This means that unless we make any changes to the Agreement to Arbitrate Disputes You will have only one opportunity to opt-out of arbitration of any claim between You and Tracfone, as defined in Section I (E) of this Agreement. You may exercise this right to opt out of this Agreement to Arbitrate Disputes by writing to us at TracFone, Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, Florida 33178. Your letter to us must indicate your name, Tracfone phone number and device IMEI, and state that you are opting out of the Agreement to Arbitrate Disputes. Any opt-out received after the opt-out deadline (or, in the case of those mailed, postmarked after the opt-out deadline) will be invalid, and you must pursue any claims or dispute against TracFone (as defined in Section I (E) of this Agreement) in arbitration.

II. EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM TRACFONE

By agreeing to these Terms and Conditions, you expressly consent to and authorize Tracfone and its affiliates, agents, and its third-party representatives to use written, electronic or verbal means to contact you for any reason, including regarding information about your Service, Service reminders, payment reminders, payment confirmations, renewal confirmations, and marketing of any kind, including offers, solicitations and promotions. This consent includes but is not limited to contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. You agree that Tracfone and its affiliates, agents, and its third-party representatives may, now or in the future, use any email address or the telephone number that you are assigned for your Tracfone Service, to contact you for any reason, regardless of whether you incur charges as a result.

Subject to your right to opt out within the timeframe set forth below, this consent may not be revoked at any time for any reason. You have the right to opt out from receiving marketing communications from Tracfone within 14 days of acceptance of this Agreement. You may exercise this right to opt out by writing to us at TracFone, Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, Florida 33178. Your letter to us must indicate your name, TracFone phone number and device IMEI, and state that you are opting out from receiving marketing communications from Tracfone. Any opt out received after the opt out deadline (or, in the case of those mailed, postmarked after the opt-out deadline) will be invalid.

III. TERMS AND CONDITIONS OF SERVICE

1. Activating Your Service

To use Tracfone Service, you must first purchase and activate a Tracfone phone or a Tracfone Keep Your Own Phone SIM Kit (“SIM Kit”) that can be used to activate a compatible wireless phone you already own under the Keep Your Own Phone program. At the time of purchase, you may be charged applicable taxes, fees or surcharges set by federal, state or local governments. To activate your phone, you must also purchase and redeem a Tracfone wireless plan (“Plan”). For more information about our Plans visit our website.

You may activate your Service online by visiting our website at tracfone.com or by calling Customer Care Department from a phone other than the one you intend to activate. If you have purchased an SIM Kit to activate your own phone, follow the instructions that came with the SIM Kit to activate your Service. When you activate your Service, you will be provided a telephone number unless you elect to transfer or “port-in” an existing telephone number you are using with another provider. In certain instances, you may not be able to transfer your existing telephone number for reasons outside of our control. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your Service and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice or liability to you.

When you activate your Service, you will also have the option of registering with us and creating an account (“Account”) by providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid subpoena or a court order.

Tracfone Service can only be activated where Tracfone Service is offered and supported by Tracfone. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered by Tracfone are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not Tracfone.

Keep Your Own Phone. If you are activating your own compatible phone under the Keep Your Own Phone Program, you are responsible for ensuring that the phone is unlocked, compatible with the Service, does not interfere with the Service, and that it complies with all applicable laws, rules and regulations. You are also responsible for ensuring that your phone meets all federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the Service are available on all Carrier networks or will function on all phones, including, phones activated under the Keep Your Own Phone program. Some functions and features referenced in the manufacturer’s manual provided with your phone may not be available when using the Service. Some Plans may not work on Smartphones or on phones activated under the Keep Your Own Phone program. Devices capable only of using data service are strictly prohibited and your use of any such device is grounds for immediate deactivation and termination of your Service without a refund.

All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in digital mode and are approximate. Plans have no cash value and are non-refundable. Plans cannot be transferred to another account nor can they be used with or transferred to another brand owned by TracFone Wireless, Inc. or another wireless service provider. No refunds or discounts will be given for (i) unused Service that expires after your Service End Date; (ii) unused Service if your Phone is lost or stolen; or (iii) Plans purchased that are not compatible or supported by your Phone.

2. Termination of Service

Either party may terminate this Agreement at any time. Termination of this Agreement will result in the immediate termination of your Service which may be reactivated if you elect to do so. Any Service which remains unused at the time of termination, including, promotional balances, cannot be refunded or transferred to another person.

We may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt, suspend, cancel, or terminate your Service without immediate notice to you for any conduct that we believe violates these Terms and Conditions, including, but not limited to, the following:

(i) using or directing abusive, vulgar, derogatory, intimidating, or harassing language or conduct towards a Tracfone representative, officer, employee, agent, or authorized retailer;

(ii) using your Service for any unlawful, fraudulent, or illegal purpose;

(iii) using your Service in any way that adversely affects our ability to manage the Service provided to other customers or the Carrier’s network;

(iii) violating any Term or Condition contained in this Agreement.

Any term or provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive, including, any limitation of liability, disclaimer of warranties, dispute resolution procedures, restrictions with respect to the use of a Product or Service and our Limited Warranty, Return Policy, and Privacy Policy.

3. Airtime Voice and Text Messaging Rates

Feature Phones: Tracfone airtime is issued in unit increments. All calls are charged at a rate of one (1) unit per minute. With some older Tracfone handset models, roaming calls (refer to the Roaming Section of these Terms) are charged at the rate of two (2) units per minute. There is no additional charge for nationwide long distance or for international long distance, in eligible Plans, to countries designated at tracfone.com. The rate to send or receive a text message varies by Tracfone handset model and is disclosed on your Tracfone package. For most feature phones, the rate to send or open a text message is 0.3 units.

Smartphones: Smartphones have separate buckets of units for voice calls, text messaging and data usage. Voice calls are charged at the rate of one (1) unit per minute. Text messages are charged at the rate of one (1) unit per text. Data is charged based on actual usage.

Tracfone service does not allow international text messaging. Attempting to send international messages could result in Service deactivation.

Minutes are deducted for all incoming and outgoing calls, including incoming call waiting calls, simultaneous calls, toll free calls, and calls to 411, 611, Customer Care, and your voice mail. For simultaneous calls, such as incoming call waiting and 3-way calling (where available) minutes will be deducted for each call. Minutes are not deducted for calls to 911. For outbound calls, you may be charged minutes for incomplete, busy, or no answer calls. Minutes are deducted in full unit increments. Partial minutes are rounded up to the next minute. No credit is given for dropped calls. If you are using a feature phone, minutes will also be deducted for use of other services such as text messaging and accessing the Tracfone Mobile Web (“WAP”).

4. Adding Airtime

Your Service will only operate when you have airtime units and service days available. Add airtime to a Tracfone by entering the PIN number from a Tracfone airtime card (“Airtime Card”) or retailer cash register receipt at the Redeem Airtime or Add Airtime menu on your phone. You can also add airtime through the Tracfone website or by calling Customer Care.

AIRTIME ON DEMAND: Airtime On Demand is available on certain Tracfone handsets. Airtime On Demand allows you to buy Airtime directly from your Tracfone by registering your phone and credit card at tracfone.com. Airtime on Demand purchases are governed by these Terms.

PAY AS YOU GO AIRTIME CARDS: Tracfone Pay as You Go Airtime Cards are available in various denominations of minutes and service days. For each Airtime Card you purchase and add to your phone, you will receive the number of minutes and service days indicated on the card. The service days will run from the day you add the Airtime Card. Each additional Airtime Card you add will further extend your “Service End Date” by the number of days specified without limitation. Your “Service End Date” is the last day of your service period. Airtime minutes added to your phone do not expire with active service and usage within a period of six (6) consecutive months for Smartphones and twelve (12) consecutive months for other phones.

DOUBLE MINUTES: Some Phones and Airtime Cards include a Double Minutes feature. Any minutes included with a Double Minute Airtime Card do not double, however, the feature will apply to the life of the applicable phone and will double the minutes of all future Airtime Cards you purchase and redeem. To be clear, only minutes that are purchased and redeemed after the redemption of a Double Minute card will double. The Double minutes feature is not transferable even if Your phone is damaged, lost or stolen. Promotional, bonus and other non-purchased airtime minutes do not double.

You may not add a Double Minute card to a phone that already has a Double minute feature or card. Doing so will not result in any additional doubling of purchased airtime.

Double Minute Cards and phones that include the Double Minute feature will not double the value of Data Cards.

MONTHLY VALUE PLANS: Tracfone Monthly Value Plans are available in various denominations of minutes and provide 30 days of service. The minutes and service days of your Monthly Value Plan are automatically added to your account on a monthly basis. Tracfone’s Service Protection Plan delivers 30 days of service if you forget to add a Tracfone airtime card in order to keep your service active. To purchase a Monthly Value Plan, you must enroll online by registering your phone and credit card. Tracfone may modify its Monthly Value Plan offerings at any time. In the event of any modification that increases the charges associated with your Monthly Value Plan, you will receive thirty (30) days’ notice prior to being charged the new rate

AUTO-REFILL PLANS: Tracfone Auto Refill Plans are available in various denominations of minutes and service days. You may enroll in Auto-Refill by registering your credit or debit card online with Tracfone and selecting the Service Plan you want. With Auto-Refill, a new Service Plan will be automatically purchased and added to your Account each month on your Service End Date and your credit or debit card will automatically incur a charge for the cost of the Service Plan you elect to purchase on a recurring basis. Please note that your Auto-Refill is determined by the last Service Plan you have purchased and added to your phone. By enrolling in Auto-Refill, you agree to receive communications from Tracfone regarding your enrollment including, without limitation, upcoming payment dates or unsuccessful payment notifications.

REFILLING YOUR ACCOUNT BEFORE YOUR SERVICE END DATE. If you do not purchase and add airtime prior to the Service End Date, your Tracfone Service will be deactivated on the Service End Date and you will lose your phone number even if you have minutes remaining. To prevent this from occurring, please keep your Tracfone Service active by purchasing and adding an Airtime Cards on or before your Service End Date. Tracfone reserves the right to deactivate any phone for which there is no voice, text or data usage for a period of six (6) consecutive months for Smartphones and twelve (12) consecutive months for other phones. If your Service is deactivated, your Service can be reactivated by purchasing and adding an Airtime Card. Once reactivated, your phone may be assigned a new phone number. Airtime which remained unused at the time of deactivation will still be available if Service is reactivated within sixty (60) days from the deactivation date, otherwise any unused airtime will be lost.

SAFELINK CUSTOMERS PLEASE NOTE: If you are a SafeLink Customer on Plan Option 1 or 2, Tracfone Airtime minutes added to your SafeLink phone do not expire with active service and Usage (as defined in the SafeLink Terms and Conditions) during a consecutive sixty (60) day period. If you are a SafeLink customer enrolled in plan option 3, all of your unused minutes expire at the end of each month upon your receipt of your free 250 monthly minutes unless you have purchased and added a Tracfone airtime card to your phone. You may carry over unused airtime minutes on the SafeLink 250 Minute Plan for up to 3 consecutive months. By purchasing and adding a Tracfone airtime card before the 25th of the month, your unused airtime minutes (including your free monthly allotment and any additional Tracfone Airtime cards) will carry over for 3 consecutive months from the date of your last Tracfone Airtime Card redemption. If you purchase and redeem a Tracfone Airtime Card on or after the 26th day of any month, your airtime balance will be reset and not be carried over to the next month. The minutes you purchased will be carried over together with your next three allotments of free monthly minutes. Adding more than one Airtime Card at the same time will NOT extend your airtime carry over for more than the 3 consecutive months. The 3 month carry over is effective from the date of redemption of the last airtime card redeemed to your phone.

Tracfone airtime has no cash value and is non-refundable. Tracfone Airtime Cards, airtime rate plans, and card denominations are subject to change without prior notice.

5. Text Messaging

Tracfone does not participate in Premium SMS services or campaigns. Premium SMS refers to activities that usually involve sending a text message to a designated “short code” or buying or attempting to buy SMS services from anyone other than Tracfone. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or participating in interactive television programs through the use of a wireless phone.

You should not attempt to participate in Premium SMS campaigns, unless it is a Tracfone authorized campaign. Any text message you send to a “short code” will in all likelihood not go through. Any charges you may incur as a result of any attempts to participate in Premium PSMS services or campaigns (not authorized by Tracfone), whether you incur charges as deductions from your Tracfone handset or from your credit card, are not refundable.

6. Data Services

With certain Tracfone handset models, you can download ring tones, graphics, access information services such as news, weather and sports (“Information Services”) and utilize multi-media services (“MMS”) (ringtones, graphics, Information Services and MMS are collectively referred to as “Data Services”) through Tracfone Mobile Web (“WAP”). Data Services are additional Services offered by Tracfone, and there is an additional charge or debit of units or data for use of such Services.

In order to purchase, download or access Tracfone Data Services, You must have active service and sufficient available airtime or data (for Smartphones). Each time you access the WAP, usage will be deducted (“Access Charges”).

Access Charges begin when your phone makes a data connection. This should occur shortly after you open your browser, send or receive a multi-media message (e.g., a picture), initiate a content download or if WAP access is initiated for any other purpose. Access Charges end when the data connection terminates. This should occur shortly after you close your browser, successfully receive or send a multi-media message (e.g., a picture), after a successful content download or after any other closure of a WAP session. The WAP access duration and the related Access Charges are NOT determined from the exact moment you press a button on your device to open or close the browser.

In addition to the Access Charges, there may be additional charges for any content you select to download (“Content Charge”). The Content Charges vary depending on the type of content you purchase and download. You will be advised of the Content Charges prior to finalizing your purchase.

The Data Services you purchase and download may only be used or viewed on the device for which they were purchased and cannot be transferred to any other device, including a new or replacement device. Data Services are non-refundable and non-transferable.

Purchasing Data Services with Airtime Minutes on Feature Phones. The charges for Data Services purchases are determined by the last airtime card redeemed and the appropriate dollar-to-minute conversion factor. The charges for Data Services in U.S. Dollars and/or minutes and the dollar-to-minute conversion factor(s) are subject to change at any time without prior notice. The current Dollar-To-Minute Conversion Factors for Data Services may be accessed on the Tracfone website. Click on “Airtime” and from the drop down menu select “Apps & More” and then “Cost.” The chart details the number of minutes you will be charged for each dollar you spend for the Data Services you purchase.

Charges for MMS (e.g., picture messaging) on Feature Phones. You will be charged 1.0 unit to send or receive a multi-media message (the “MMS Charge”) and a WAP Access Charge (described below) based upon the time it takes to send or receive the multi-media message.

Additional Access Charges for Data Services and MMS on Feature Phones. In addition to Content and MMS Charges, there is always an additional Access Charge of 0.5 units per minute associated with downloading content, accessing/viewing Information Services or utilizing MMS. Total Access Charges will vary depending on the size of the content and the actual time it takes to download the content, access/view the Information Service or utilize MMS.

Tracfone Smartphone Only Plans. Tracfone smartphone users may purchase Plans that come with a fixed amount of high speed data at 4G speeds for each monthly cycle depending on the Service Plan selected. 5G and 4G/4G LTE networks are not available on all devices and in all locations. 5G and 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary.

Plans that come with high speed data also come automatically enabled with a feature that optimizes all detectable video streaming to DVD-quality (typically 480p) through the Carrier’s network (“Data Optimizer”). Data Optimizer manages the amount of high speed data used when streaming video on your phone in order to improve your experience by reducing the chances of your video stalling or buffering. You may disable the Data Optimizer feature at any time by contacting Customer Care. Video streaming over a Wi-Fi connection will be delivered at the video’s native resolution.

Tracfone Data Cards. Tracfone Data Cards which will provide a specified amount of data access without minute deductions. Data Cards provide a set amount of data access identified on the face of the card, denominated in megabytes or gigabytes. Data Cards can be added to your phone at any time, as long as the Service is active. Data Cards do not include minutes or service days which must be purchased separately through airtime cards. Unused data will expire upon your Service End Date. Data Cards are available online and at retail locations.

Prioritization, Modifications, Interruptions, or Discontinuation of Data Service. Some Carriers differentiate the wireless service they sell by prioritizing the data traffic of their customers over the data traffic of customers on a non-Carrier brand at times and at locations where there are competing customer demands for network resources. Where the network is lightly loaded, a Tracfone customer will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, a Tracfone customer will experience increased latency during a data session, particularly, if the customer is engaged in a data-intensive activity. When network loading goes down or if a customer moves to a location that is less heavily loaded in relation to available capacity, the latency associated with a customer’s data connection will improve.

Tracfone does not guarantee the availability of Data Services at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services, or portions thereof, without notice. Data Services are not available in all areas. Tracfone is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure in receipt of the purchased Data Services. If the Data Services, for which you subscribe, are modified, interrupted, discontinued or canceled, Tracfone will not provide refunds for any used or unused subscription time. If you 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 these Terms.

Non-Rated Content. Tracfone 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 liable for any offensive or objectionable content.

7. International Long Distance Service

If your Plan includes international long distance (“ILD”), you may place calls to landlines (and some cellular phones in certain countries) at no additional charge. See tracfone.com for available Plans, countries and details, which are subject to change without prior notice. In order to place an ILD call, you will need to dial the ILD access number 1 305-938-5673. Airtime deductions for ILD calls begin the moment the ILD access number is dialed. Airtime deductions will apply for dropped or misdialed calls and busy destination numbers. When placing ILD calls, you may experience connection failures more frequently than with domestic calls. Tracfone will not credit airtime minutes deducted for unsuccessful calls. Although ILD calling is available to some countries, You will not be able to make or receive calls on your Tracfone when you are located outside of the United States, Puerto Rico or the U.S. Virgin Islands.

Tracfone International Neighbors is a service that enables callers in Mexico to set up a local number to ring on a Tracfone in the US. See the Tracfone website or call 1-800-867-7183 for further details.

8. Unauthorized Use of Service

Your Service and any phone using Tracfone Service may not be used for any unauthorized uses that may adversely impact other customers using our Service or the Carriers’ networks. Examples of some unauthorized uses include, but are not limited to, the following:

(i) continuous uninterrupted voice calls or otherwise using your voice service to provide monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls;

(ii) automated text or picture messaging;

(iii) uninterrupted and continuous uploading, downloading, or streaming of audio or video;

(iv) as a server device or to host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer file sharing;

(v) as a substitute or backup for private lines or dedicated data connections;

(vi) any applications that allow your phone to act as an internet access point or Wi-Fi for other devices and computers unless such use is allowed under your Plan.

A customer engaged in any unauthorized use may have their Service suspended or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect a Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. We further reserve the right to limit, deny, or terminate Service to anyone we believe is using it in an unauthorized manner or whose usage, in our sole discretion, adversely impacts a Carrier’s network or customer service levels. In our sole discretion, we will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if during a 30-day period, you are calling for over 43,200 voice minutes, sending over 30,000 text messages (or 3,000 over a 24-hour period), placing calls of an unusually long duration, or if your usage is otherwise harmful or disruptive to the Carrier’s network or to our customer service levels. If we determine, in our sole discretion, that you are using your Service in violation of these Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may interrupt, suspend, cancel, or terminate your Service.

9. Coverage Maps

You will find coverage maps on our website. These maps are for general informational purposes only and depict the general coverage area of Tracfone. Tracfone does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage, while outdoors, of the network on which your phone may be activated including, the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact Service and result in dropped and blocked connections, slower data speeds, no data connectivity, and call interference. This could occur due to many factors including, but not limited to, your device, network changes, network traffic volume, network prioritization, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if service is not available. Some features on your device may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your phone will not work. The coverage depicted on the Tracfone’s coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Your coverage will also vary based upon the Tracfone plan you select. Tracfone is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.

Depending on the Carrier network, it is possible that under certain circumstances your phone may roam if you are outside of your network coverage area and within the United States. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Although there are no additional charges for using the Service while roaming domestically, Tracfone does not guarantee your ability to roam nor the availability and/or the quality of Service. Domestic roaming may be discontinued or changed at any time without notice. Due to Carrier restrictions, Tracfone reserves the right to terminate the Service of any customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12 month period. International roaming is not offered by Tracfone and is strictly prohibited.

11. Wi-Fi Calling

Wi-Fi Calling may be available only on phones that are Wi-Fi Calling capable and that have a Wi-Fi Calling enabled SIM card (depending on the Carrier). Wi-Fi Calling provides you the ability to make and receive phone calls and text messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in buildings and other locations. If you use a Wi-Fi network for making or receiving calls and text messages or for any other reason, you acknowledge and agree that your use of such Wi-Fi network is permissible and that you are solely responsible for such use. Using your Wi-Fi Calling feature may provide you with access to an unsecured Wi-Fi network which could impact your data security. You can disable Wi-Fi Calling by toggling it off in your device settings menu.

Although we recommend that you use your wireless service as your primary method of contacting 911, you may be able to use Wi-Fi Calling for dialing 911 if your phone is equipped with this feature and you have access to the internet through your phone’s W-Fi connection. To dial 911 using Wi-Fi Calling, you must provide us with an address for your primary use of Wi-Fi (“Primary Address”) at the time of activation. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address online at e911-reg.tracfone.com or by contacting Customer Care at 1-800-867-7183. It may take 24 hours or more to update your address information. If you do not give us your Primary Address, we will block your ability to use Wi-Fi calling. When you use Wi-Fi Calling to dial 911 and you are away from your Primary Address, we will have no information about your location. As such, always be prepared to report your precise location to emergency responders.

Please be aware that dialing 911 via Wi-Fi Calling requires access to the internet and operates differently than traditional 911 calling services. For example, 911 service via Wi-Fi Calling may be limited or not available due to various circumstances, including, relocation of equipment, loss or disruption of power, internet or wireless service, internet congestion or a connection failure, delays in availability of registered location information, and/or other technical problems.

TTY Limitations for 911 Calls: Due to technical limitations, Wi-Fi Calling cannot be used with TTY devices and will not support 911 calls over TTY devices. Persons with communications disabilities can still reach 911 services by either (1) calling 911 directly using a TTY over the cellular network or from a landline telephone, (2) sending a text message to 911 directly (in areas where text-to-911 is available) from a wireless device, (3) using relay services to place a TTY or captioned telephone service (CTS) call from a wireless phone over the cellular network or from a landline telephone, or (4) using relay services to place a IP Relay or IP CTS call over a cellular data or other IP network.

12. Emergency Calls

If you are in an area where your phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Tracfone service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.

13. Disclaimer of Warranties

TRACFONE PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE THAT TRACFONE WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. EXCEPT AS SET FORTH IN SECTION V (LIMITED WARRANTY), TRACFONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE IN RELATION TO ANY PRODUCT OR SERVICE.

You acknowledge and agree that the use of any Tracfone Product or Service is at your sole risk and that your Service may be unavailable, interrupted, delayed, or limited for a variety of reasons outside of our control. Not all Products, Plans, or Services are available for purchase or use in all sales channels, in all areas, or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, network prioritization, 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 network. At any time, Tracfone reserves the right to substitute and/or replace any Tracfone equipment (including phones and SIM cards) with other Tracfone equipment of comparable quality. Tracfone does not warrant or guarantee the availability of your Service at any specific time or in any specific geographic location or that the Service 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 the phone’s power cord and charger to avoid electrical shock and/or fire during a lightning storm. Certain phone features may not be available with the Service or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation.

14. Limitation of Liability

IN NO EVENT SHALL TRACFONE OR ITS VENDORS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER USER OF YOUR TRACFONE PRODUCT OR SERVICE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CLAIMED FOR LOST PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY AND REGARDLESS IF TRACFONE OR ITS RESPECTIVE VENDORS, SUPPLIERS, OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TRACFONE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), AND SUCH LANGUAGE SHALL BE EXCLUDED TO THE EXTENT OF SUCH INVALIDITY OR UNENFORCEABILITY; ALL OTHER TERMS IN THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.

You agree that neither we nor our vendors, suppliers, or licensors are responsible for any damages you may suffer or incur resulting from: (a) any Product or Service provided to you by or manufactured by a third party; (b) any act or omission by another party; (c) providing or failing to provide any Service, including, but not limited to, deficiencies or problems with a Phone or network coverage (for example, dropped, blocked, interrupted Service, etc.); (d) accidents or any health-related claims arising from or related to our Service; (e) content or information accessed on your Phone while using our Service; (f) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise; (g) interrupted, failed, or inaccurate location information services, (h) content or information that is blocked by a spam filter, (i) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or (j) 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 phone, computer or equipment and to back-up your information stored on each.

15. Unauthorized Use of Products

Tracfone Products and Service are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your Tracfone phone constitutes a violation of your agreement with Tracfone and will invalidate the Limited Warranty associated with your Tracfone phone. You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your Tracfone phone in a manner which conflicts with the Unlocking Policy referenced in Section VI below. You also agree not to use unauthorized PINs with Tracfone phone or engage in any other unauthorized or illegal use of your phone or the Service, or assist others in such acts, or to sell and/or export Tracfone phones outside of the United States. Any attempt to unlock your Tracfone phone in an unauthorized manner or to root, re-flash, jailbreak, tamper with or alter the build state of your Tracfone phone may result in the inability to unlock your device, maintain your device’s unlocked state, or otherwise cause your device to malfunction. Such use along with any other unauthorized use of your Tracfone phone may result in the immediate suspension or termination of your Service without notice and legal action. Tracfone will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law. You agree that any violation of this provision through your improper, illegal, or unauthorized use or sale of your Tracfone phone shall entitle Tracfone to recover liquidated damages from you in the amount of not less than $5,000 per Tracfone phone purchased, sold, acquired or used in violation of this provision. For more information about the unauthorized use of Tracfone phones refer to www.stopcellphonetrafficking.com.

If your Tracfone phone 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, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of your SIM Card or to allow any other person to do so. Any violation of the restrictions on the use of your SIM Card that are contained in this section may result in the immediate termination of your Service without notice. Tracfone and its Carriers or service providers, may, from time to time, remotely update or change the encoded information on your SIM card or your phone.

In the event of termination for any other unauthorized usage, you will forfeit your unused Service and you will not be entitled to receive a refund for your Tracfone phone or for any unused Service.

16. Indemnification

You agree to indemnify and hold harmless TracFone Wireless, Inc. d/b/a Tracfone and its parent, subsidiaries, affiliates, vendors, suppliers, and licensors and their former, current and future officers, directors, employees, insurers, contractors, successors and assigns (“TracFone Indemnified Parties”) from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party (“Claims”) including the costs, expenses, and attorneys’ fees on account thereof (“Costs”) arising from your use of a Tracfone Product or Service, whether based in contract or tort (including strict liability) and regardless of the form of action.

If in connection with your Tracfone Products or Services, you provide us with a telephone number(s) for which you are not the subscriber, you understand that you will indemnify and hold harmless the Tracfone Indemnified Parties for any Costs incurred as a result of us attempting to contact you at the number(s).

17. Privacy Policy

To view the Tracfone Privacy Policy, refer to the Tracfone website found at tracfone.com.

18. Entire Agreement

This Agreement constitutes the entire Agreement between you and TracFone Wireless, Inc. with respect to any Tracfone Product and/or Service. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

IV. RETURN POLICY

To see the return policy (“Return Policy”) applicable for your phone, please refer to the section below based on how you made your purchase. Tracfone does not allow returns or provide refunds for any SIM Kits or Plans you may have purchased.

Store Purchases. If you purchased a Tracfone phone from a retailer or wireless dealer (and not from Tracfone directly either by phone or online), your Phone purchase is subject to that retailer’s return policy. To determine whether your purchase is eligible for return, please contact the store where you originally made your purchase. Tracfone will not process the return of any Tracfone phone sold to you by a retailer or wireless dealer.

Online Purchases from Tracfone. If you purchased your Tracfone phone from Tracfone’s official website, you have thirty (30) days from the date your phone was delivered to you to return it to us for either an exchange or a refund. To process a return, you must follow the return instructions that came with your Phone and pay for the shipping cost to send it back to us.

To be eligible for a return you must meet the following requirements:

· The phone you are returning must have been purchased from Tracfone’s official website and the IMEI numbers must be verified.

· You must return the phone in like new, working condition, returned in the original manufacturer’s packaging with all included accessories, including, device, battery, charger, and manual. The phone must not have any liquid or physical damage.

· You must pay for the cost to ship the phone back to us and include a copy of your receipt.

If anything is missing or device is not in like-new condition, your shipment may not be accepted. If a device has physical or liquid damage it cannot be returned and a credit will not be issued. Tracfone will return ineligible devices to you at the same address shown on the shipping label. No restocking, handling, or shipping fees will be charged to you for this device return.

If your return meets the above requirements and you have requested an exchange for a device that costs more, you will have to pay the difference in price between the phone you are returning and the new phone you are seeking to purchase. If your return meets the above requirements and you have requested a refund, please be advised that it takes up to thirty (30) business days to process the return and credit your account. Credit for returned phones will appear on your credit card statement between 1-2 billing cycles. Your credit for a returned phone will not include any shipping or delivery costs you were charged or incurred for purchasing or returning the phone.

V. LIMITED WARRANTY

All new Tracfone phones (except iPhones) are covered by a one (1) year limited warranty administered by Tracfone as set forth below.

All reconditioned or refurbished phones sold by Tracfone (except iPhones) have a ninety (90) day limited warranty as do all wireless accessories sold by Tracfone.

New Apple iPhones are covered by a one-year limited warranty offered and administered by Apple. Please visit apple.com for more information.

To the extent available for purchase, refurbished iPhones and certified pre-owned phones are not covered by a limited warranty but may be returned for a refund within 30 days of purchase.

A Phone that you own which was not purchased from Tracfone but that is registered with Tracfone under the Keep Your Own Phone program is not covered by this limited warranty.

How To Obtain Warranty Service. To obtain warranty service for your Tracfone Phone, please contact Customer Care at 1-800-867-7183. If your problem cannot be resolved over the phone, our technicians will provide you with a Return Authorization Number, which you will use to send your Product(s) to the designated Service Center for repair or replacement, at our option.

Terms of Limited Warranty:

1. The limited warranty for any applicable Product begins on the date of your purchase and is only applicable for defects in material and workmanship that result in Product failure during normal usage.

2. The limited warranty extends only to the original purchaser (“Purchaser”) of the Product and is not assignable or transferable to any subsequent purchaser. The limited warranty extends only to Purchasers who purchase the Product in its original packaging from an authorized dealer or retailer. Upon request from Tracfone, the Purchaser must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.

3. During the limited warranty period, Tracfone will replace or repair, at Tracfone’s sole option, any defective Products or parts (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. Tracfone may, in its sole discretion, replace the Product with a different but comparable Product if the same exact Product is not available. The replacement Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. All used components shall comply with Product performance and reliability specifications.

4. 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 Purchaser returns the Product to Tracfone for repair, determined by the price paid by the Purchaser for the Product less a reasonable amount for usage. Tracfone shall not be liable for any other losses or damages. These remedies are the Purchaser’s exclusive remedies for breach of warranty.

5. The Purchaser shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:

(a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, 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 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 the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product.

(f) The Product is outside of the limited warranty period.

6. Tracfone shall not be liable for delay in rendering service under the limited warranty, loss of use of the service 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 and other content.

7. 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.

8. This is the entire warranty between Tracfone and the Purchaser, 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.

9. This limited warranty allocates the risk of failure of the Product between the Purchaser and Tracfone. The allocation is recognized by the Purchaser and is reflected in the purchase price. 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 Purchaser). This limited warranty gives the Purchaser specific legal rights and the Purchaser may also have other rights which vary from state to state.

VI. UNLOCKING POLICY

Unlocking a Tracfone phone refers to disabling software that would otherwise prevent you from activating the handset on another carrier’s network. However, due to different carrier technologies, an unlocked Tracfone phone may not work, or may experience limited functionality, on another carrier’s network. Tracfone is not responsible for any limitations of service, or otherwise, resulting from the use of your unlocked device on another provider’s network.

For Customers with Tracfone Phones Capable of Being Unlocked: Tracfone will provide an unlocking code to customers with active Service who request unlocking, provided they meet the following conditions:

(a) Customers must request phone unlocking.

(b) The Tracfone phone must have been activated on Tracfone Service for no fewer than 12 months with Service Plans redeemed in no fewer than 12 months.

(d) Customers must possess a Tracfone phone that is not reported stolen, lost, or associated with fraudulent activity.

(e) If a customer requesting handset unlocking is deployed as military personnel, upon provision of deployment papers, Tracfone will honor that customer’s unlocking request without regard for the 12 months of service activation and air card redemption eligibility requirements. However, all other eligibility criteria apply to Tracfone customers who are deployed as military personnel. Tracfone may require confirmation of a military email address before applying this exception.

If you have not had twelve months of active Tracfone service on your phone, Tracfone may unlock your handset, but you will incur a charge of up to $300, depending on how long your service was active prior to the unlocking request.

For Customers with Tracfone Phones not Capable of Being Unlocked: Tracfone will provide customers with a partial refund or credit against the purchase of a new Tracfone phone if they meet the following conditions:

(a) Customers must request phone unlocking.

(b) Customers must have had their locked device activated on Tracfone Service for no fewer than 12 months, redeemed air time cards in no fewer than 12 months, and not have had their telephone number recycled or ported.

(c) Customers must request this interim unlocking solution while their Tracfone Service is active or within 60 days after their Service expires. This 60-day grace period applies even if the customer’s telephone number was recycled or ported.

(d) Customers must currently own a Tracfone phone model launched on Tracfone’s Service after February 11, 2014 or activated with Tracfone’s Service after February 11, 2015.

(e) Customers must possess a Tracfone phone that is in working condition.

(f) Customers must possess a Tracfone phone that is not reported stolen, lost, or associated with fraudulent activity.

(g) If a customer in good standing requesting phone unlocking is deployed as military personnel, upon provision of deployment papers, Tracfone will honor that customer’s unlocking request by sending a refund for the trade-in value of the used, locked phone returned by the customer without regard to the 12 months of service activation and Service Plan redemption eligibility requirements. However, all other eligibility criteria apply to Tracfone’s customers who are deployed military personnel.

(h) Customers are eligible for this program only once every twelve (12) months.

After an eligible customer contacts Tracfone to request the trade-in value of his or her phone, Tracfone will provide a prepaid mailer for the customer to return the used, locked phone. Upon receipt of the device, Tracfone will send the customer a check for the trade-in value of the phone. The trade-in value is determined by a formula reached through agreement with the FCC. Eligible customers may elect to have the trade-in value of their handset applied to the cost of a new Tracfone phone that is capable of being unlocked.

Customers who would like to check if they are eligible or submit an unlocking request can do so through an online portal at the Tracfone website or by calling 1-888-442-5102.

Tracfone may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an effort to defraud Tracfone or its customers. Tracfone’s Unlocking Policy is subject to change at any time without advance notice.