Terms and Conditions

Straight Talk Terms and Conditions

Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and Straight Talk. They contain important information about your legal rights, and require that certain disputes be resolved through Arbitration instead of a court trial. Straight Talk reserves the right to change or modify any of these Terms and Conditions of Service at any time and in its sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on the Straight Talk website found at www.StraightTalk.com. Customers enrolled in the “Commercial Sales” Program may be subject to additional Terms and Conditions of service including additional terms associated with any alternative billing arrangements that may be in place for Commercial Sales customers. To the extent any additional Commercial Sales program Terms and Conditions vary from those contained in these Terms and Conditions, the Commercial Sales terms will control. Straight Talk is a brand and service of TracFone Wireless, Inc., 9700 NW 112th Avenue, Miami, FL 33178.

By purchasing and/or activating a Straight Talk phone or using any Straight Talk service (“Service”), customer (“You”) acknowledges and agrees to the following terms and conditions:

1. REGISTERING, ACTIVATING AND USING YOUR STRAIGHT TALK PHONE: Before you can use your Straight Talk phone, you must register and activate it by visiting the Straight Talk website at www.StraightTalk.com or by calling our Customer Care Center at 1-877-430-CELL (1-877-430-2355) from a phone other than your Straight Talk phone. You will be prompted for an email address upon registration at Straight Talk’s website at www.StraightTalk.com. You will use this email address to create and access your account. If you do not have an email address, please contact our Customer Care Center at 1-877-430-CELL (1-877-430-2355) to complete your activation and registration and you will receive an email address for registration purposes. Upon registration, you will have the opportunity to provide your address and to set up a password for your account. If you elect not to do so, you will not be able to obtain copies of your call detail records except upon service of a valid Subpoena or a Court order. You must accept the Straight Talk phone number assigned to your Straight Talk phone at the time of activation, unless you choose to transfer (also known as “port”) your existing telephone number to a Straight Talk phone. In order to port your telephone number to a Straight Talk phone, that number must be capable of transferring. In certain instances, you may not be able to transfer (port) your existing phone number from another carrier to Straight Talk. If you do not refill your Straight Talk account by your Service End Date, your Straight Talk phone number may be lost. Your Straight Talk phone can only be activated where Straight Talk Services are available offered and supported by Straight Talk. The wireless telecommunications network used to transmit calls for the Service is owned and operated by a licensed commercial mobile radio service provider (“Carrier”), not Straight Talk. Your Straight Talk phone can only be used through Straight Talk, and cannot be activated with any other wireless or cellular service. Your Straight Talk phone will only operate with a Straight Talk Service Plan or Straight Talk Service Card. Straight Talk Service Plan and Service Cards are subject to change without notice. Additional charges for data downloads or content may apply. Straight Talk Services are provided at Straight Talk’s discretion. Once you have been assigned your Straight Talk phone number you cannot change it or your Service plan until your Service End Date (as described below) expires; otherwise you will lose any unused Service balance(s) in your account. If you decide to change your Straight Talk phone number or your Service plan prior to your Service End Date, or upon notification that your phone is lost or stolen, your account will be deactivated and any unused Service balance(s) will be lost and will not be transferred. Some functions and features referenced in the manufacturer’s manual provided with your Straight Talk phone may not be available on your Straight Talk phone. Straight Talk may modify or cancel any Service or take corrective action at any time without prior notice and for any reason, including but not limited to your violation of this agreement. Straight Talk may change these Terms and Conditions of Service from time to time, so check the Straight Talk website at www.StraightTalk.com for the current version.

2. REFILLING YOUR STRAIGHT TALK ACCOUNT: Your Straight Talk phone will only operate when your Service is active and you have a positive Service balance in your account (Services include minutes, text and/or multimedia messages, megabytes of data usage, and Service days). Minutes, text and/or multimedia messages, megabytes of data usage, and Service days do not have any cash value and do not accumulate. With each refill you will lose any unused Service balances (including any remaining days, minutes, text and/or multimedia messages, megabytes of data usage) and your account will reset with the refill amount of the new Service Card added. Straight Talk Services are non-refundable. No refunds or discounts will be given for (i) unused Service balances when you refill your account, and your Services balance is reset with your account refill; (ii) unused Service balances that expire by your Service End Date; (iii) unused Service balances on your Straight Talk phone if it is lost or stolen; or (iv) Services purchased that are not compatible or supported by your Straight Talk phone. Any unused Services you may have in your account at the time you refill your account or at your Service End date will not carry over or accumulate from one Service period to the next. Customers whose Straight Talk phones are not data-enabled will not receive a discount. You must add your Straight Talk Service Card to your Straight Talk account within one year from the date of purchase; otherwise the Card and PIN expire and you will not be able to use the Services. Straight Talk Service Cards, Service Plans, and card denominations are subject to change without prior notice.

There are two ways to refill your Straight Talk Account:

(1) Straight Talk Auto-Refill: You may enroll by registering your credit or accepted debit card (with Visa or MC logo) at www.StraightTalk.com/enroll and you will receive a recurring charge to your credit or accepted debit card every 30 days which will automatically refill your account with the Service you select.

(2) Straight Talk Service Cards: Straight Talk Service Cards are available at retailer locations and online at www.StraightTalk.com. Each Straight Talk Service Card comes with a specified amount of Services (unlimited or defined amounts of minutes, text and data and/or multimedia messages, megabytes of data usage, and Service days) as disclosed on each Service Card at the time of purchase. Service begins on the day you add the Services to your Straight Talk account and not necessarily on the day that the Service Card was purchased.

3. SERVICE END DATE: Your “Service End Date” is the last day of your Service period. When you add Services, your Service End Date will be reset to the number of Service Days purchased.

Refilling Your Account before Service End Date: If you are not on an Unlimited Service Plan and you want to refill your Services balance prior to your Service End Date, you can do so by purchasing Services online at www.StraightTalk.com, by buying a Service Card at a retailer location and using the Service Card PIN to refill your account at www.StraightTalk.com or by calling 1-877-430-CELL (1-877-430-2355). You may also enroll in a recurring charge (“Auto-Refill”) to your credit or accepted debit card by registering a credit card at www.StraightTalk.com, and your account will be refilled automatically every 30 days. When you refill your account or it is automatically refilled by a recurring charge, you will lose any unused Service balances (including any remaining minutes, text and/or multimedia messages, megabytes of data usage, and Service days) and your account will be reset with the refill amount of the new Service balance.

Refilling Your Account after Service End Date: If you do not buy and add Services prior to the Service End Date, your Straight Talk Service will be deactivated on the Service End Date, you will lose all unused Services (including minutes, text and/or multimedia messages, megabytes of data usage and Service days) and you may lose your telephone number. If your Straight Talk phone is deactivated for failure to add Services before the Service End Date, there is no refund for any unused minutes, text and/or multimedia messages, megabytes of data usage, and Service days that may have remained in the account prior to the Service End Date.

4. STRAIGHT TALK SERVICE PLANS: Straight Talk Service includes at least two service options: Unlimited Talk, Text and Data plan, or a plan with a fixed amount of minutes, messages and data. Applicable taxes and fees may be added to plan charges in certain areas. These are fees, charges, or surcharges imposed by law or by Straight Talk to recover costs of complying with regulations and E911 laws.

Unlimited Minutes, Texts and Data plan: With this plan you receive nationwide calling, text messaging and data for the number of days described in this plan. Please note: this Service does not provide “per minute” accounting for nationwide calls or text messages. Straight Talk may discontinue providing Service to you, discontinue your account, or discontinue providing connections to particular telephone numbers or types of Services used or called by you, that, in the sole judgment of Straight Talk: (1) appear likely to generate abnormally high call volumes or data usage and/or abnormally long average call lengths or data usage as compared to the usage of other Straight Talk customers; (2) may be harmful, disruptive, or interfere with the Carrier’s network or the Carrier’s ability to provide service to other customers. For detailed description of such activities, see “Straight Talk Features: Intended Use” under Mobile Web/Data Services Section below.

By initiating Service and placing calls on the Carrier’s network, you acknowledge and agree to Straight Talk’s ability to terminate your Service under these circumstances.

Defined Minutes, Messages and Data Plans: Under such plan(s), a (specified) amount of minutes, texts and/or multimedia messages, megabytes of data usage, and Service days are provided for a fixed amount.

Services are deducted from your active Straight Talk account in the following manner:

Minutes: All calls are charged at a rate of one (1) minute per minute of use. Minutes are deducted in full unit increments and partial minutes are rounded up to the next minute. No credit is given for dropped calls. Simultaneous calls such as call waiting and 3-way calling will deduct minutes for two calls at the same time. Unless you are on an unlimited Service Plan, minutes will be deducted for all time during which your Straight Talk phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send”, “call” or other button to initiate or answer a call and does not end until you press the “end” button or the call is otherwise terminated. Minutes are deducted for all incoming and outgoing calls, including calls to toll free numbers, 411, 611, Customer Care, and to access your voice mail. Minutes are not deducted for calls to 911. For outbound calls, minutes will be deducted for incomplete and/or busy-no answer calls. There is no additional deduction for nationwide long distance or for 411 calls. International calls are not enabled on your Straight Talk phone.

Text or Multimedia Messaging: Unless you are on an unlimited Service Plan, text or multimedia messages are deducted from your separate text/multimedia message balance on a one deduction per one message basis. Multimedia messages deduct from your Straight Talk account message and data balances simultaneously, based upon the type and size of the message being sent or received. Straight Talk Service does not allow international text messages. Attempting to send international messages could result in Service deactivation. In the event of a deactivation, your minute, multimedia message and megabytes of data balance previous to deactivation will be cleared from the account. Please note that Straight Talk 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 Straight Talk. Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns, unless it is a Straight Talk authorized campaign. Any charges you may incur as a result of an attempt to participate in Premium PSMS services or campaigns (not authorized by Straight Talk) are not refundable.

5. STRAIGHT TALK MOBILE WEB SERVICES: With certain Straight Talk phone models, you can access the internet, download ringtones, graphics, access information services such as news, weather and sports (“Information Services”) and utilize multimedia services “MMS” (ringtones, graphics, Information Services and MMS are collectively referred to as “Data Services”) through Straight Talk Mobile Web Services.

Accessing and/or Purchasing Mobile Web Services: Unless you are on an unlimited Service Plan each time you access the Straight Talk Mobile Web Services with your Straight Talk phone’s browser, the megabyte balance in your Straight Talk account will be debited for that usage (“Access Charges”). Access Charges are deducted in full kilobyte increments. Access Charges begin when your Straight Talk phone makes a data connection. This should occur after you open your browser, send or receive a multimedia message (e.g., a picture), initiate a content download, or if Mobile Web Services 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 multimedia message (e.g., a picture), after a successful content download or when you exit a Mobile Web Services session. The Mobile Web Services access duration and the related Access Charges are NOT determined from the exact moment you press a button on your Straight Talk phone to open or close the browser.

There is always an Access Charge associated with downloading content or accessing or viewing Information Services. Total Access Charges will depend on the size of the content and the actual time it takes to download the content, access or view the Information Service. The Data Services you buy and download may only be used or viewed on the Straight Talk phone for which they were purchased and cannot be transferred to any other device, including a new or replacement Straight Talk phone. Data Services are non-refundable and non-transferable.

Modifications, Interruptions, or Discontinuation of Data Service: Straight Talk does not guarantee the availability of Data Services in your network coverage area 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 outside of your coverage area. Straight Talk 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, or any part thereof, are modified, interrupted, discontinued or cancelled, Straight Talk will NOT issue any refunds or reimburse you for any remaining used or unused Services. If you cancel, or attempt to cancel a Data Service download, a subscription purchase or a multimedia message in progress, or if this process is otherwise interrupted through no action on your part, usage may nevertheless be deducted in accordance with the terms and conditions set forth herein. If the Straight Talk Mobile Web Services are unavailable and you have opened your browser, you will be deducted Kilobyte usage, even though you will not be able to view the Mobile Web.

Non-Rated Content: Straight Talk strives to present and offer only generally acceptable content. However, it is impossible to proof all content, titles and news articles for appropriate content. Straight Talk Data Service 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 Straight Talk liable for any offensive or objectionable content.

The Data Plans or Features are for individual use only and you may not offer them for resale. We further reserve the right to take measures to protect the Carrier’s networks and other users from harm, compromised capacity or degradation in performance. These measures may impact your Service, and we reserve the right to deny, modify or terminate Service, with or without notice, to anyone we believe is using data services in a manner that adversely impacts the Carrier’s network. We may monitor the compliance of subscribers, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.

Straight Talk Service is not intended for use by children. In the event that you, as a legal guardian allow your child to use the Services, you acknowledge that your child has the permission to access the Straight Talk Mobile Web Portal, including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether use of the Straight Talk Mobile Web Services is appropriate for your child. If you browse with the Straight Talk Mobile Web, you agree that you are of the minimum legal age to visit certain sites. Furthermore, you agree not to visit any illegal sites. Availability and reliability of Straight Talk Mobile Web Services is subject to transmission limitations, and your actual device speed may vary from time to time. Not all websites will be available with the Straight Talk Mobile Web Services. Access to certain websites may be blocked or unavailable due to carrier restrictions.

6. STRAIGHT TALK UNLIMITED TALK AND TEXT PLAN FEATURES INTENDED USE: Straight Talk Unlimited talk and text plans may ONLY be used with a Straight Talk handset for the following purposes: (i) Person to Person Voice Calls (ii) Text and Picture Messaging (iii) Internet browsing through the Straight Talk Mobile Web Portal and (iv) Authorized Content Downloads from the Straight Talk Mobile Web Store. The Straight Talk Unlimited talk, text and data plans MAY NOT be used for any other purpose. Examples of prohibited uses include, without limitation, the following: (i) continuous mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address; (iii) uploading, downloading or streaming of audio or video programming or games; (iv) server devices or 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 (P2P) file sharing; or (v) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. A person engaged in prohibited uses may have his/her service terminated without notice or a refund.

The Straight Talk unlimited talk and text plan is for individual use only and not for resale. Specifically, Straight Talk Unlimited services are provided solely for live dialogue between, and initiated by, two individuals for personal use and as otherwise described in this policy. Unlimited voice services may not be used for any other purposes, including, but not limited to, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. Straight Talk reserves the right to cancel or deactivate service, without notice, in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or improper use of Straight Talk service. Straight Talk reserves the right to limit throughput or amount of data transferred, and to deny or terminate Service, without notice, to anyone Straight Talk believes is using the Straight Talk Unlimited talk, text and data plan in any manner prohibited above or whose usage, in Straight Talk’s sole opinion, adversely impacts the Carrier’s network or service levels. Straight Talk will presume you are engaging in a prohibited use in violation of these terms and conditions, if in Straight Talk’s sole opinion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, or if your talk, text or data usage is harmful or disruptive to the Carrier’s network or services. If we determine, at our sole discretion, that you are using an unlimited service in violation of the Straight Talk Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls or data connections or terminate your service, decline to renew your service, or offer you a different service plan with no unlimited usage component. Notwithstanding the foregoing, Straight Talk reserves the right to deny service or to deactivate or cancel existing service to anyone for any reason at any time, in Straight Talk’s sole discretion.

7. STRAIGHT TALK UNLIMITED TALK, TEXT AND DATA PLAN FEATURES CANNOT BE USED FOR: (1) access to the Internet, intranets, or other data networks except as the device’s native applications and capabilities permit, or (2) any applications that tether your device to a laptop or personal computer other than for the use of Wireless Sync. IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE AGREEMENT, YOU ACKNOWLEDGE THAT THE USE OF THE STRAIGHT TALK MOBILE WEB SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. STRAIGHT TALK MAKES NO WARRANTY THAT THE STRAIGHT TALK MOBILE WEB SERVICES WILL (i) MEET YOUR REQUIREMENTS, (ii) ALLOW ACCESS TO ALL THIRD PARTY SITES, OR (iii) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION OBTAINED FROM ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT OR THE STRAIGHT TALK MOBILE WEB SERVICES TERMS OF USE. You are responsible for all activities undertaken by you using the Straight Talk Mobile Web Services, including without limitation, the use of email. You shall not use, nor permit others to use, the Straight Talk Mobile Web Services in a manner or for a purpose contrary to this Agreement.

8. EMERGENCY CALLS: If you are in an area where your Straight Talk 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 Straight Talk in an emergency situation. In an emergency, locate the nearest landline phone and call for help.

9. UNAUTHORIZED USAGE OR RESALE: The Straight Talk phone is sold exclusively for use by you, the end consumer, with the Straight Talk Service available solely within the United States. Any other use of your Straight Talk handset including, without limitation, activation and/or use on a network other than Straight Talk, any resale, unlocking and/or reflashing of the handset is unauthorized and constitutes a violation of your agreement with Straight Talk. You agree not to unlock, reflash, tamper with or alter your Straight Talk phone or its software, enter unauthorized PINs, engage in any other unauthorized or illegal use of your Straight Talk phone or the Service, or assist others in such acts, or to sell and/or export Straight Talk phones outside of the United States. These acts violate Straight Talk’s rights and state and federal laws. Improper, illegal or unauthorized use of your Straight Talk phone may result in immediate discontinuance of Service and legal action. These acts violate Straight Talk’s rights and state and federal laws. Straight Talk will prosecute violators to the full extent of the law. Straight Talk reserves the right to cancel any Service without notice.

Your Straight Talk service is restricted such that you will not be able to make or receive calls on your Straight Talk device when you are located anywhere outside of the United States, offshore or in international waters and in Puerto Rico or the U.S. Virgin Islands. Any such calls are considered unauthorized usage by Straight Talk for which your Service will be immediately suspended.

Some Straight Talk wireless phones have SIM cards. If your Straight Talk 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, and not to allow any other person 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. You may not remove your SIM card or use the SIM card on any other wireless phone. 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. The Carriers, TracFone Wireless, or its service providers, may, from time to time, remotely update or change the encoded information on your SIM card.

In the event of suspension for any other unauthorized usage, your minutes, text and/or multimedia messages, megabytes of data and Service days balance previous to deactivation will be forfeited from the account and you will not be entitled to receive any refunds for your phone or unused Service.

10. SERVICE AREA MAPS: You will find Service Area Maps on our website, at www.StraightTalk.com/Coverage. These maps are for general informational purposes only. However, Straight Talk does not guarantee coverage or Service availability. 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. Straight Talk is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.

11. ROAMING. “Roaming” occurs when a subscriber of one wireless service provider uses the network facilities of another wireless service provider. Roaming usually occurs when a subscriber places or receives a call while outside of the network coverage area of their wireless service provider.

Service on the CDMA Network. If your Straight Talk service is on the CDMA network, your Straight Talk phone will not roam when you are outside of the Straight Talk CDMA network coverage area.

Service on the GSM Network. If your Straight Talk service is on the GSM network, your Straight Talk Wireless phone may roam when you are outside of the Straight Talk GSM network coverage area. When your Straight Talk GSM phone is roaming, Voice and SMS messaging will continue to be available to you at no additional charge. Internet access and Data Services, however, will not be available while you are roaming outside of the Straight Talk GSM Network coverage area. When your GSM Straight Talk Phone 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.

International Roaming is strictly prohibited. Straight Talk does not offer international roaming or international long distance service. You will not be able to make or receive calls on your Straight Talk phone if you are traveling outside of the United States. Inside the United States, you will be able to receive international calls, but will not be able to make them.

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. Internet and Data Services are available only while the subscriber is in the Straight Talk CDMA coverage area (if on the CDMA network) or the GSM network coverage area (if on the GSM network). At any time, Straight Talk reserves the right to substitute and/or replace any Straight Talk equipment (including phones) with other Straight Talk equipment including phones of comparable quality. Some functions and features referenced in the User Guide provided with your Straight Talk phone may not be available on your Straight Talk phone. Straight Talk does not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither Straight Talk, 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 Straight Talk outside during a lightning storm. You should also unplug the Straight Talk power cord and charger to avoid electrical shock and/or fire during a lightning storm.

13. WARRANTY. A new Straight Talk phone is covered by the phone manufacturer’s one year limited warranty administered by Straight Talk. A reconditioned Straight Talk phone also has a one year warranty provided by Straight Talk and all Straight Talk accessories have a 90-day warranty against defects in materials and workmanship under normal use by the purchaser. You may obtain warranty service directly from Straight Talk.

How to obtain Warranty Service. To obtain warranty service from Straight Talk on a new or reconditioned phone or Straight Talk accessories, please contact Technical Support at 1-877-430-CELL (1-877-430-2355). If your problem cannot be resolved over the phone, our Straight Talk technicians will provide you with a Ticket Number, which you will use to send your phone and/or accessories to the designated Straight Talk Service Center for repair or replacement, at Straight Talk’s discretion.

DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A DEVICE YOU PURCHASE FROM US AND THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, THE 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. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.

Exclusions and Conditions. This limited warranty does not cover damage or failure caused by abuse or misuse of the Straight Talk phone and/or accessories. Straight Talk does not provide refunds. All applicable implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this limited warranty, unless otherwise provided by law. Your limited warranty excludes all incidental or consequential damages, unless otherwise provided by law. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

14. LIMITATION OF LIABILITY. Straight Talk will not be liable to you for any actual, direct or 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/or Services or by reason of any interruption in service. Straight Talk 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. In the event a Straight Talk phone is returned to Straight Talk for repair or under warranty or returned for any reason, Straight Talk is not liable nor responsible for any unauthorized use that may result from any user names or passwords which remain on a Straight Talk phone.

15. INDEMNIFICATION. You agree to indemnify and hold harmless Straight Talk 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 Straight Talk phone and/or Straight Talk Services, whether based in contract or tort (including strict liability) and regardless of the form of action.

16. 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 RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR STRAIGHT TALK PHONE, 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 STRAIGHT TALK’S AGREEMENT WITH YOU. This provision is intended to encompass all disputes or claims arising out of your relationship with Straight Talk, 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 Straight Talk from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your Straight Talk phone, its software, the Service and/or PIN numbers in state or federal court. References to you and Straight Talk include, where applicable, 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 Straight Talk by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Wireless Industry Arbitration Rules ("WIA Rules"), as modified by this agreement. You and Straight Talk agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and Straight Talk 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 Straight Talk in accordance with the WIA Rules, except that Straight Talk 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 Straight Talk and you agree otherwise, the location of any arbitration shall be Miami, Florida. Except where prohibited by law, Straight Talk 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 Straight Talk 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.

17. CHOICE OF LAW: These Terms and Conditions shall be construed under the laws of Florida, without regard to its choice of law rules, except for the arbitration provision contained in these Terms and Conditions, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where You reside, or where You use or pay for the Services.

18. PRIVACY POLICY: To view the Straight Talk Privacy Policy please refer to the Straight Talk website www.StraightTalk.com.

Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. Color of phones may vary. All talk and standby times are quoted in Digital Mode and are approximate.

Straight Talk is a registered trademark of TracFone Wireless, Inc. a subsidiary of América Móvil (NYSE: AMX).

The terms “Everything you need in a cell phone without a contract” and “All You Need” are Trademarks of TracFone Wireless Inc., and are based on industry research on the needs of the majority of wireless users. These terms do not imply that all the needs of all customers will be met with Straight Talk plans. The Bluetooth trademarks are owned by their proprietor and used under license. All other trademarks, service marks, and trade names referenced are the property of their respective owners.