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 need to provide an email address in order to activate your 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 may 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 Service is available offered and supported by Straight Talk.  The wireless telecommunications networks used to transmit calls for the Service is owned and operated by licensed commercial mobile radio service providers (“Carriers”), not Straight Talk. Your Straight Talk phone can only be used through Straight Talk, and cannot be activated with any other wireless service.  Your Straight Talk phone will only operate with a Straight Talk Service Plan or Straight Talk Service Plan Card. The terms of the Straight Talk Service Plans and Service Cards are subject to change without notice.  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) without losing any unused Service balance. If you change your assigned phone number or Service plan prior to your Service End Date, you will lose any unused Service balance.  If you notify us that your phone is lost or stolen, your account will be deactivated and any unused Service balance 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. Upon activation of your Straight Talk phone, you should retain your activation card that includes the IMEI/MEID DEC for your phone and SIM number for the SIM card associated with your phone for future reference. You will need both your IMEI/MEID DEC and SIM card number in the event you need to reactivate your phone for any reason.      

 

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. 

 

2.    REFILLING YOUR STRAIGHT TALK SERVICE:  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, texts, Mobile Web Access and Service days).  Minutes, texts, Mobile Web Access 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, texts and Mobile Web Access) and your Service Balances will reset with the refill amount of the new Service Plan or 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 Straight Talk phone and your Services balance is reset with your Service Plan or Service Card 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 Service Balance(s) that exist at the time you refill your Service or at your Service End date will not carry over or accumulate.  Customers whose Straight Talk phones are not data-enabled or that cannot use Mobile Web Access will not receive a discount or refund for the unused service.  Straight Talk Service Plans and Service Cards are subject to change without prior notice.

      (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/autorefill and you will receive a recurring charge to your credit or accepted debit card on your Service End Date each month which will automatically refill your Straight Talk service with the Straight Talk Plan you select. **Please note: Your Auto-Refill is determined by the last plan or card you have added to your Straight Talk phone. For example, if you purchase a 3 month Service Plan, your Auto-Refill will occur every 3 months.  To change this, you must call Customer Service and speak with one of our Customer Care representatives. If you have any Service Plans or Cards in your Straight Talk Reserve, those cards will be applied first before an Auto-Refill purchase is processed. Once you have used all Straight Talk Service Plans or Service Cards in your Straight Talk Reserve, the Auto-Refill purchases will resume.   

 

      (2) Straight Talk Service Plan Cards:  Straight Talk Service Plan Cards are available at Wal-Mart stores and online at www.StraightTalk.com and www.walmart.com. Each Straight Talk Service Plan or Service Card comes with a specified amount of Service (minutes, texts, Mobile Web Access and Service days) as disclosed with each Service Plan and on each Service Card at the time of purchase.  Service begins on the day you add the Services to your Straight Talk phone or, if the Service Plan or Service Card is placed in your Straight Talk Reserve, on your Service End Date. See below for more information regarding Straight Talk Reserve.

 

3.    SERVICE END DATE: Your “Service End Date” is the last day of your Service period. When you add or refill Services, your Service End Date will be reset to the number of Service Days purchased. Some Straight Talk phone models may not display your “Service End Date.” You can find your Service End Date by visiting www.straighttalk.com/checkbalance.

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/autorefill, and your account will be refilled automatically upon your Service End Date.  If you refill your account with an All You Need Plan card prior to your Service End Date and you elect to apply the card immediately instead of placing the card in your Reserve you will lose any unused Service balances (including any remaining minutes, texts, Mobile Web Access and Service days) and your account will be reset with the refill amount of the new Service card. If you have Service Plan Cards in your Straight Talk Reserve those cards will take precedence over Auto-Refill purchases.  Auto-Refill will automatically resume once you have used up all the cards in your Straight Talk Reserve. All data capable phones with a web access portal powered by Straight Talk will have an option titled Refill my account.  This feature allows customers to add an airtime pin.  All the customer must do is click on Refill my account from this feature, have his service pin handy and follow the prompts. In the event you choose to use this option, data usage will be deducted if you are an All You Need customer.  The Refill my account feature may not be available in all phone models.

 

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, Mobile Web Access 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, you will need to provide your Straight Talk wireless phone’s IMEI/MEID DEC number in order to reactivate your service. If you have a phone with a prepaid engine, you can add an airtime card from this prepaid area. The prepaid engine is accessible from your phone display. Select the menu option and a selection titled “Prepaid” will display.  You may add an airtime pin by selecting “Add Airtime” and following the prompts. This feature may not be available in all phone models. Please note that Straight Talk does not provide refunds for unused minutes, texts or Mobile Web Access.      

4.    STRAIGHT TALK SERVICE PLANS AND SERVICE CARDS:  Straight Talk Service includes at least two service options: Unlimited Talk, Text and Mobile Web Access and the All You Need™ Plan that provides 1000 airtime minutes, 1000 texts and 30 MB of Mobile Web Access. You may be charged applicable taxes and fees in certain areas.

Unlimited Minutes, Texts and Mobile Web Access Plans: With these plans, you receive nationwide calling, text messaging and Mobile Web Access for the number of service days stated in the plan. Straight Talk currently offers Unlimited Minutes, Texts and Mobile Web Access Plans with 30, 90, 180 and 365 days of service. Please note that the unlimited service plans do not track “per minute” usage for nationwide calls or text messages. The Unlimited service plans are subject to certain limitations. See paragraphs 6 and 7 below.  

 

All You Need™ Plan: With this plan, you receive 1000 minutes, 1000 texts, 30 MB of Mobile Web Access and 30 days of service. This plan includes nationwide calling and calls to 411 at no extra charge. The name “All You Need” does not imply that this plan will meet the needs of all customers.  The All You Need Plan is not available with certain models of Straight Talk Phones such as the Nokia 6790 and the Nokia E71.  

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, *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 long distance is not available on any Straight Talk phone. Any attempt to place an international long distance call may result in service deactivation and termination of your account. You will not receive a refund if your service is deactivated and/or your account is terminated as a result of your violation of these terms and conditions. 

Text Messaging:  Unless you are on an Unlimited Service Plan, text messages are deducted from your separate text balances. For picture messaging and other multimedia messaging, deductions from your text and Mobile Web Access balances will occur simultaneously based upon the type and size of the message being sent or received and in accordance with the plan under which you are receiving service.  Your text messaging rate may vary based upon the Straight Talk plan you select regardless of the model of wireless phone you are using. In the event of any conflict between the text messaging rates associated with your selected plan and the text messaging rates associated with a particular model of wireless phone, the text messaging rate associated with the plan will control. Please refer to the terms of the particular plan you have selected for further information. Straight Talk Service does not allow international text messaging.  Attempting to send international messages could result in Service deactivation. In the event of a deactivation, your minute, text and Mobile Web Access 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.

 

Some Nokia Straight Talk Phone Models do not support text messaging to e-mail addresses.

 

5.    STRAIGHT TALK MOBILE WEB SERVICES:  With certain Straight Talk phone models, you can access Mobile Web Services and purchase ringtones and graphics from the Straight Talk Mobile Web Shop and from other third party websites (purchased ringtones and graphics are collectively referred to as “Web Content”). 

 
Accessing Mobile Web Services and Purchasing Web Content:   Unless you are on an Unlimited Service Plan, each time you access the Mobile Web through your Straight Talk phone’s browser, your Mobile Web Access balance in your Straight Talk phone will be debited for that usage (“Access Charges”).  Access Charges are deducted in full kilobyte increments. Access Charges begin when your Straight Talk phone connects to the Mobile Web Service.  This should occur after you open your browser, send or receive a multimedia message (for example, a digital photo), initiate a content download, or if Mobile Web Access is initiated for any other purpose.  Access Charges end when the connection to the Mobile Web Service terminates. This should occur shortly after you close your browser, successfully receive or send a multimedia message, after a successful content download or when you exit a Mobile Web session. The Mobile Web 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.

 

Unless you are on the Unlimited Service Plan, there is always an Access Charge associated with accessing the Mobile Web, sending or receiving a picture message and downloading content. Total Access Charges will depend on the size of the content and the actual time it takes to download or transmit the content or multimedia message. Any Web Content you buy and download may only be used or viewed on the Straight Talk phone for which the Web Content was purchased and cannot be transferred to any other device, including a new or replacement Straight Talk phone. Web Content purchases are non-refundable and non-transferable.

Availability, Interruptions and Discontinuation of Mobile Web Service:  Straight Talk does not guarantee the availability of Mobile Web Service in your network coverage area at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Mobile Web Service, or portions thereof, without notice.  Mobile Web Service is not available outside of your coverage area. Straight Talk is not responsible and will not be liable for any modifications, interruptions or discontinuation of Mobile Web Service or for your failure to receive any purchased Web Content.  If Mobile Web Service, or any part thereof, is 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 web download, subscription purchase or a multimedia message in progress, or if this process is otherwise interrupted through no action on your part, Mobile Web Access usage may nevertheless be deducted.  If the Straight Talk Mobile Web Services are unavailable and you have opened your browser, you will be deducted usage even though you will not be able to view or utilize the Mobile Web Service.

 

Straight Talk Mobile Web Service is provided on an “AS IS” and “AS AVAILABLE” basis. Straight Talk does not warrant that the Mobile Web Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Mobile Web Service. You expressly agree and acknowledge that the use of the Mobile Web Service is at your sole risk and that you may be exposed to content from various sources. 

 

The Straight Talk Mobile Web Shop is not available on some Nokia Straight Talk phones.   

The Ovi Store and all content offered through the store is provided on “AS IS” and “AS AVAILABLE” basis.  Straight Talk does not warrant that the Ovi Store Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content available from The Ovi Store.  You expressly agree and acknowledge that the use of The Ovi Store is at your sole risk and that you may be exposed to content from various sources. 

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 Mobile Web Services and The Ovi Store content are 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.

Straight Talk Mobile Web Service is for individual use only and may not be offered for resale. Straight Talk reserves 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 the Straight Talk Service and/or Mobile Web 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 Service, 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 Service is appropriate for your child.   If you browse with the Straight Talk Mobile Web Service, you agree that you are of the minimum legal age to visit certain sites and 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 Service. Access to certain websites may be blocked or unavailable due to carrier restrictions.

 

6.    STRAIGHT TALK UNLIMITED TALK, TEXT AND MOBILE WEB ACCESS PLAN INTENDED USE:  Straight Talk Unlimited Talk, Text and Mobile Web Access 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 Service and (iv) Authorized Content Downloads from the Straight Talk Mobile Web Store.  The Straight Talk Unlimited 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, Text and Mobile Web Access 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 Mobile Web Access 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 Mobile Web 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, data connections, Mobile Web Access 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. 

 

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 Mobile Web Access and data usage and/or abnormally long average call lengths or Mobile Web Access and 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 Services Section below. By initiating Service and placing or receiving calls, you acknowledge and agree to Straight Talk’s right to terminate your Service under these circumstances.

 

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.

 

7.    STRAIGHT TALK UNLIMITED PLANS 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.    SERVICE AREA MAPS AND COVERAGE MAPS:  You will find Service Area Maps and Coverage Maps on our website, at www.StraightTalk.com/Coverage. These maps are for general informational purposes only. The coverage maps depict the general coverage area of Straight Talk. 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 for voice calls, 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 Mobile Web Service and data speeds or no Mobile Web Service or data connectivity and call interference. This could occur due to many factors including your device, network changes, network traffic volume, 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 Straight Talk 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 Straight Talk plan you select. Straight Talk is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.

 

9.      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. Mobile Web Services access 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.  Any attempt to place or receive a call on your Straight Talk phone while traveling outside of the United States could result is service deactivation and account termination without a refund for unused service. 

10.     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 phone in an emergency situation.  In an emergency, locate the nearest landline phone and call for help.

11.     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.  Mobile Web 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). 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.

 

12.     LIMITATION OF LIABILITY:  Your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of Straight Talk’s control. Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. There are gaps in service within the Services areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.  Straight Talk does not guarantee you uninterrupted service or coverage.  We cannot assure you that if you place a 911 call you will be found. 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 replacement or repair under warranty or returned for any other reason, Straight Talk is not liable nor responsible for any unauthorized use and/or loss of voice mail, personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content on the Straight Talk phone.

 

13.     INDEMNIFICATION:  You agree to indemnify and hold harmless Straight Talk and TracFone Wireless, Inc. 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.

 

14.     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. 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 and Puerto Rico, including, without limitation, while you are offshore or in international waters.  Any such calls are considered unauthorized usage by Straight Talk for which your Service will be immediately suspended and your account deactivated without refund.  

 

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.

 

Straight Talk phones are designed to be used only with Straight Talk Service.  Under some circumstances, you may be eligible to have your Straight Talk phone reprogrammed to work with another carrier, but you must contact us to do so.  Not all Straight Talk phones are capable of being reprogrammed.

In the event of suspension for any other unauthorized usage, You will forfeit unused airtime and service and you will not be entitled to receive a refund for your phone or for any unused airtime and service.

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

 

18.     LIMITED WARRANTY:  A new Straight Talk phone is covered by a one year limited warranty, set forth below, administered by Straight Talk.  A reconditioned Straight Talk phone also has a one year limited warranty provided by Straight Talk and all Straight Talk accessories have a 90-day limited 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.

 

Terms of Limited Warranty. Straight Talk warrants to you, the Customer, that your Straight Talk cellular phone (“Product”) is free from defects in material and workmanship that result in Product failure during normal usage, according to the following terms and conditions:      

1.  The limited warranty for the Product extends for one (1) year beginning on the date of the purchase of the Product.

2. The limited warranty extends only to the original purchaser (“Consumer”) of the Product and is not assignable or transferable to any subsequent purchaser/end-user. 

3. The limited warranty extends only to Consumers who purchase the Product in its original packaging from an authorized dealer. 

4. During the limited warranty period, Straight Talk will replace or repair, at Straight Talk’s sole option, any defective Products or parts (except as excluded below), or any Products or parts that will not properly operate for their intended use (except as excluded below) with new or refurbished replacement Products or parts if such replacement or repair is needed because of Product malfunction or failure during        normal usage. Straight Talk may, at its sole discretion, replace the Product with a refurbished phone of the same model if available, or if not available, of a comparable model of phone. 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. Straight Talk’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Consumer returns the Product to Straight Talk for repair, determined by the price paid by the Consumer for the Product less a reasonable amount for usage. Straight Talk shall not be liable for any other losses or damages. These remedies are the Consumer’s exclusive remedies for breach of warranty.

5. Upon request from Straight Talk, the Consumer must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.

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

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 Straight Talk, 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 Straight Talk.   

c)  Straight Talk was not advised in writing by the Consumer of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period.

d)  The Product serial number plate or the enhancement data code has been removed, defaced or altered.  

e)  The defect or damage was caused by 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 one (1) year Limited Warranty period.

7. Straight Talk does not warrant uninterrupted or error-free operation of the Product or service. Straight Talk cannot and does 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. If a problem develops during the limited warranty period, the Consumer shall contact Straight Talk Customer Care for repair or replacement processing of the Product. Straight Talk shall, at its discretion, provide a replacement product that may consist of a refurbished phone of the same model if available, or of a comparable model.

8. You (the Consumer) understand that the product may consist of refurbished equipment that contains used components, some of which have been reprocessed. The used components comply with Product performance and reliability specifications. 

9. STRAIGHT TALK EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. STRAIGHT TALK SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF STRAIGHT TALK KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. STRAIGHT TALK SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS RETURNED FOR REPLACEMENT OR WARRANTY SERVICE OR FOR THE LOSS OR UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL INFORMATION, CONTACTS, PICTURES, VIDEOS, APPLICATIONS, MUSIC, RINGTONES OR OTHER CONTENT.

10. Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Consumer). This limited warranty gives the Consumer specific legal rights and the Consumer may also have other rights which vary from state to state.      

11. Straight Talk 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.

12. This is the entire warranty between Straight Talk and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.

13. This limited warranty allocates the risk of failure of the Product between the Consumer and Straight Talk. The allocation is recognized by the Consumer and is reflected in the purchase price.

 

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.

These additional terms and conditions apply to customers who purchase and/or use the Straight Talk International Long Distance Prepaid Calling Service (“ILD Service”). Please read these additional terms and conditions of service carefully. These additional 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 International Long Distance (“ILD”) Prepaid Calling Service Terms and Conditions of Service at any time and in its sole discretion. Any changes or modifications to these ILD Terms and Conditions of Service will be binding upon you once posted on our website at www.StraightTalk.com.  Straight Talk is a brand and service of TracFone Wireless, Inc., 9700 NW 112th Avenue, Miami, FL 33178.

 

By purchasing or using the Straight Talk International Prepaid Long Distance Calling Service ("ILD Service"), the user (or "You") accept/s the rates, terms, and conditions ("Terms") set forth below as such Terms are updated from time to time on our website. Straight Talk ILD service is an independent service from your Straight Talk Wireless Service and must be purchased separately. If you are on the Straight Talk All You Need Plan, your Straight Talk Wireless Service minutes will be deducted when using Straight Talk International Long distance prepaid calling service.

 

19.          PURCHASING AND REGISTERING STRAIGHT TALK ILD SERVICE: In order to use Straight Talk ILD Service, you must purchase the international calling service through your Straight Talk “My Account” International Calling Service feature found at www.StraightTalk.com and register each phone from which the International calls will be made. You may place an international long distance call using the ILD Service from a registered phone by calling 1-855-787-8855 and following the system instructions. If you need assistance or to report a problem, inquire about international rates, charges, access numbers and/or country codes, please call Customer Service at 1-877-430-2355 from 8am-12am 7 days a week. 

PLEASE NOTE: International long distance rates and charges will vary and are subject to change without prior notice. Straight Talk ILD Service is not intended for intrastate dialing in the US, to place calls to area codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 or 555, nor to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls. 

 

20.         REFILLING YOUR STRAIGHT TALK ILD SERVICE ACCOUNT: Your ILD Service will only work when you have a positive balance in your ILD Service account. You may refill your ILD Service account by adding credit under the “Buy Time now” feature. You may also enroll in the auto-recharge feature where your credit card will be charged the selected amount once the balance reaches the minimum of $2.00 depending on the maximum number of recharges you select. 

21.         CHARGES FOR ILD CALLS: Call times for each call are rounded up to the next whole minute and billed in full minute increments.  Per call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call. 

 

No representation or warranty, express or implied, is made regarding the number of minutes available for calls to a particular country or, after having placed a call, the remaining number of minutes available for calls to any particular country.

 

You are responsible for safeguarding your ILD Service Account and information. Straight Talk is not responsible for and will not issue credit for unauthorized use.

 

If you elect to enroll in the auto-recharge program, you authorize Straight Talk to charge your credit or debit card for all charges associated with your ILD Service. You agree to pay all charges posted by Straight Talk in accordance with the applicable terms of your credit or debit card. You further agree that Straight Talk may assess a $10 fee, or such other fee as authorized by law, each time a payment is declined by your credit card issuer. You acknowledge your agreement to these terms when you sign up for the auto-recharge program and at subsequent intervals in accordance with the terms and conditions of the service you select. You may review your payment history for the past six (6) months at any time by accessing your ”My Account” on the Straight Talk website.

 

Credit card fraud is a criminal offense. At Straight Talk, we use automated and manual systems to obtain and confirm proper credit card authorization. Information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data and email addresses is collected and may be provided to appropriate law enforcement officials to assist in the prosecution of any persons attempting to commit fraud in connection with their purchases and other transactions on the Straight Talk website.

 

You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.

 

22.         LOST OR STOLEN PHONE: If your Straight Talk phone is lost or stolen, you must notify the Straight Talk Customer Care Center immediately to cancel your ILD Service. Straight Talk is not liable for any usage activity posted to your account. 

 

23.         COUNTRIES YOU MAY CALL USING YOUR STRAIGHT TALK ILD SERVICE: You will find a complete list of countries and calling rates by accessing the Straight Talk “My Account” International Calling Service feature found at www.StraightTalk.com. 

 

24.         REFUND AND CREDIT POLICY: Straight Talk is committed to delivering high quality service to our customers every day. However, circumstances beyond our control may result in occasional disruptions in service. Straight Talk will not issue refunds or credit for any disruption in service. Minutes will be deducted for dropped calls, misdialed numbers and busy destination numbers from the moment the call is attempted (when you press the “Send” button on your phone). Straight Talk will not credit airtime minutes that are deducted as a result of unsuccessful attempts to call international destinations.

 

If you elect to cancel your Straight Talk ILD Service account, You will not receive a refund for any of the unused balance as of the date you discontinue the service. We, therefore, strongly suggest that you use up the remaining balance of your Straight Talk ILD Service before terminating the service. Please note that You may use your Straight Talk ILD Service balance from any phone authorized in your ILD Service even if your Straight Talk number has been deactivated. 

 

No warranty, express or implied, is made regarding the condition or fitness of the services offered or use of the service for any particular use or purpose, including warranties of title or implied warranties of merchantability or non-infringement. Straight Talk ILD Service does not authorize anyone to make a warranty on its behalf and you may not rely on any statement of warranty as a warranty by Straight Talk.

 

25.         EXCLUSION OF WARRANTIES: You acknowledge that Straight Talk ILD Service is provided “AS IS” and Straight Talk makes no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the ILD Service.  All such warranties are hereby expressly excluded and disclaimed.  We also make no warranty that the ILD Service will be uninterrupted or error free.  We do not authorize anyone, including, but not limited to, Straight Talk employees, to make any warranties on our behalf and You should not rely on any such statement.  Your use of the Straight Talk ILD Service is solely at Your risk.

 

26.         LIMITATION OF LIABILITY: Your Straight Talk ILD Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of Straight Talk’s control. Straight Talk ILD 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. Straight Talk does not warrant or guarantee availability of Straight Talk ILD Service at any specific time or in any specific geographic location or that the Straight Talk ILD Service will be provided without interference or interruption. Neither Straight Talk, nor any Carrier, shall have any liability for service failures, outages or limitations of service. Not all services are available for purchase or use in all sales channels, in all areas or with all devices. 

27.         INDEMNIFICATION: You agree to indemnify and hold harmless Straight Talk and TracFone Wireless, Inc. 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 ILD Service, whether based in contract or tort (including strict liability) and regardless of the form of action.

 

28.         RIGHT TO TERMINATE: Straight Talk reserves the rights to terminate your Straight Talk ILD service at any time without notice if your account is suspected of fraud, for any credit or debit card chargeback we receive or due to Your non-compliance with the Straight Talk Terms and Conditions of Service and/or with these Additional Terms and Conditions of Service governing the Straight Talk ILD Service.

 

29.         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 Straight Talk ILD Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory).  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.

© 2011 TracFone Wireless, Inc.                                                                     Updated 2/9/2011