Web Content Viewer (JSR 286)

STRAIGHT TALK WIRELESS TERMS AND CONDITIONS OF SERVICE

(Scroll down for the Straight Talk Wireless Home Phone Terms and Conditions of Service and Straight Talk Mobile Hotspot 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 straighttalk.com. Straight Talk is a brand and service of TracFone Wireless, Inc.

By purchasing and/or activating a Straight Talk phone, SIM card for your own GSM phone, activating Straight Talk service on your own CDMA phone and/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 SERVICE: You may purchase a Straight Talk wireless phone, purchase a Straight Talk SIM card for use with your own compatible wireless phone, or transfer your CDMA phone service to Straight Talk. Before you can use your Straight Talk service, you must register and activate a Straight Talk phone or your own compatible phone. You may activate your Straight Talk phone by visiting the Straight Talk website at 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. If you have purchased a Straight Talk SIM card for use with your own compatible phone, follow the instructions that came with the SIM card to activate your service. 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 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 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 offered and supported by Straight Talk. The wireless telecommunications networks used to transmit calls and data for the Service are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and 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. Some Straight Talk features are available only on Straight Talk phones purchased from Straight Talk and will not be available if you have purchased a Straight Talk SIM card for use on a compatible wireless phone or activated Straight Talk service on a compatible CDMA phone. 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.

If you are using your own compatible phone, it must be compatible, and not interfere with, our service, and must comply with all applicable laws, rules and regulations. Unless you are using a Straight Talk Mobile Hotspot, devices capable only of using data service are strictly prohibited and Your use of any such device is grounds for immediate deactivation and termination of your service without a refund. You are responsible for ensuring that any compatible wireless phone that you use is compatible with the Straight Talk wireless service and that your phone meets all Federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware, software and/or internet access required in order to use the Straight Talk service. Straight Talk service will only work with wireless devices that are compatible with our network. Not all services are available with all wireless devices or on all networks. We may remotely change your wireless phone’s software, applications or programming without notice. This could affect your stored data, your phone’s programming and how you are able to use your wireless phone.

When You activate your Straight Talk service, you will be provided with a telephone number or you may, in some circumstances, port-in a number from another carrier. Please note that You have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless service, and You acknowledge and agree that we may change any such number, IP address or other identifier associated with your Straight Talk service at any time without prior notice to You.

2. TERMINATION OF SERVICE: Either party may terminate this Agreement (which will terminate the provision of Straight Talk service) at any time. Any unused service at the time of termination will not be refunded. Straight Talk may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement, if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that you are using your Straight Talk phone and/or wireless service for an unlawful purpose or in a way that may adversely affect our Service, if you engage in any deceptive or unfair conduct with respect to your Straight Talk phone and/or wireless service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Straight Talk phones.

3. STRAIGHT TALK SERVICE PLANS AND SERVICE CARDS: Straight Talk Service includes the following service options: Unlimited Talk, Text and Mobile Web Access that includes 2.5 GB of high speed data and the All You Need™ Plan that provides 1000 airtime minutes, 1000 texts and 30 MB of high speed data.  Actual data speeds are subject to your wireless device’s capabilities, coverage available in your local area and existing network conditions.  Data transmitted over Wi-Fi does not count against your data usage.  To preserve your high speed data, you can sign into Wi-Fi whenever possible including at home, in the office, or free public locations such as coffee shops, restaurants, grocery stores, and universities – but recognize that public Wi-Fi locations may not be secure.  Apps like Wi-Fi Finder, available from the Google Play Store, can help you find open networks.  Additionally, Apps such as My Data Manager can help you keep track of your Wi-Fi and cellular data usage.

Unlimited Minutes, Texts and Data Plans: With Straight Talk plans, you receive nationwide calling, text messaging and up to 2.5 GB of high speed data for each 30 day plan cycle.  If the 2.5 GB threshold is reached, data speed will be reduced to 2G for the remainder of that plan cycle.  High speed data is restored once a new 30 day service plan begins at the end of your last 30 day plan cycle. Straight Talk currently offers Unlimited Minutes, Texts and Data 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 data 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 Android powered phones and other models. See your phone’s packaging for plan availability.

All You Need Plan Services are deducted in the following manner:

Minutes on the All You Need Plan: 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. 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. You may purchase International long distance service to certain destinations through Straight Talk’s International Long Distance Service program.

Text Messaging on the All You Need Plan: Text messages are deducted from your separate text balances. For picture messaging and other multimedia messaging, deductions from your text and data balances will occur simultaneously based upon the type and size of the message being sent or received. 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 except on certain limited phones as described in the phone packaging (currently available with specially marked phones sold by Straight Talk). Attempting to send international messages where not permitted or supported could result in Service deactivation. In the event of a deactivation, your minute, text and 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 SMS services or campaigns (not authorized by Straight Talk) are not refundable. Some Straight Talk Phone Models do not support text messaging to e-mail addresses.

4. 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, data and Service days). Minutes, texts, data and Service days do not have cash value and do not accumulate. Straight Talk Services are non-refundable. No refunds or discounts will be given for (i) unused Service balances that expire by your Service End Date; (ii) unused Service balances on your Straight Talk phone if it is lost or stolen; or (iii) 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 and/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 data service. Straight Talk Service Plans and Service Cards are subject to change without prior notice.

Service End Date:  Your “Service End Date” is the last day of your Service period. When you refill Services on your phone, your Service End Date will be reset to the number of Service Days on your refilled plan or service card. Some Straight Talk phone models may not display your “Service End Date.” You can find your Service End Date by visiting straighttalk.com, go to “Support” tab, and click “Check Balance / Service End Date.”

Straight Talk Reserve: With Straight Talk Reserve, you may purchase and add Straight Talk Service Plans and Service Cards to your Straight Talk Reserve to be automatically applied on your Service End Date, or, if you are on the All You Need Plan, at your option as and when needed. You may access the Service Plans and Service Cards in your Straight Talk Reserve at any time through “My Account” found at www.straighttalk.com.  All Unlimited Service Plans and Cards you redeem are automatically added to your Straight Talk Reserve to be applied at your Service End Date.  When redeeming an All You Need Plan or Service Card, customers will be prompted to elect either to apply the Service Plan or Card immediately or to place it in Reserve to be added at their Service End Date. If you elect Reserve, the card will be placed in Straight Talk Reserve where it may then be applied at any time at or prior to your Service End Date by visiting “My Account.”  If you are an Auto-Refill customer and have decided to add a Service Plan or Service Card to your Straight Talk Reserve, the Plan or Card in Reserve will take precedence over the Auto Refill and it will be applied before an Auto Refill purchase is processed.

Refilling your Straight Talk Service:  You may refill your Straight Talk Service as follows:

(1) Straight Talk Auto-Refill: You may enroll by registering your credit or accepted debit card (with Visa or MC logo) at straighttalk.com 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 Walmart stores and online at straighttalk.com and walmart.com. You may be charged applicable taxes and fees at the time of purchase in certain areas. Each Straight Talk Service Plan or Service Card comes with a specified amount of Service (minutes, texts, data and Service days) as disclosed with each Service Plan and on each Service Card.  Service begins on the day you add the Services to your Straight Talk phone.  Once your Service is active with an Unlimited Service Plan or Card, all subsequent Unlimited Service Plans or Cards you redeem will be placed in your Straight Talk Reserve and will be automatically applied to your phone on your Service End Date.  Service Cards do not expire except as specifically permitted by law.

Refilling Your Account before Service End Date for All You Need Plans: All You Need customers may refill Services balances prior to the Service End Date by purchasing Services online at straighttalk.com or calling 1-877-430-CELL (1-877-430-2355), or buying a Service Card at a retailer location and using the Service Card PIN to refill the account at straighttalk.com.  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, data 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 before the Service End Date for Unlimited Plans:  On some Android phones, a Straight Talk App is available that will allow customers with Unlimited Service (including Unlimited International Service) to refill their Service prior to their Service End Date.  Doing so, however, will reset your service account and you will lose all unused Services balances.  Unlimited Customers who add an Unlimited Plan with International Long Distance Service may also add the plan to their account prior to the Service End Date.  Doing so will reset your service account and you will lose all unused Services balances.

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 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 data.

5. STRAIGHT TALK MOBILE WEB SERVICES: With certain Straight Talk phone models, you can access the internet (“Mobile Web”) and purchase ringtones, graphics and applications from the Straight Talk Mobile Web Shop and from other third party websites (purchased ringtones, graphics and applications are collectively referred to as “Web Content”).  With BYOPtm products and certain smart phones, you may access the Mobile Web directly through any compatible web browser.

Accessing Mobile Web Services and Purchasing Web Content: Unless you are on an Unlimited Service Plan or using Wi-Fi, each time you access the Mobile Web through your Straight Talk phone’s browser, your data 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. 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 or you are on Wi-Fi, 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, data usage may nevertheless be deducted.

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 that may be harmful or malicious.

Downloadable Third Party Web Content and Applications: You may download free and purchased Web Content and applications (“Web Content/Apps”) from third parties that are unrelated to Straight Talk.  If you are not on an Unlimited Plan or using Wi-Fi, data will be deducted from your data balance.   For such third party downloads, Straight Talk is not responsible for the Web Content/Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Web Content/Apps. Any support questions for these Web Content/Apps may be directed to the third party seller. When you use, download or install Web Content/Apps sold by a third party seller, you may be subject to license terms between you and third parties. Straight Talk is not responsible for any third party content, advertisements, or websites you may access using your phone.

Use of Information: Straight Talk and/or other third parties from which you acquire Web Content/Apps may retain, use, and share information collected from you when you download, use, or install Web Content/Apps.  Straight Talk and/or other third parties may update your Web Content/Apps remotely, or may disable or remove any Web Content/Apps at any time. Refer to the Web Content/Apps creator’s privacy policy for information regarding their use of information collected when you download, install, or use any third party Web Content/Apps. We are not responsible for any transmission failure, interruption, or delay related to Web Content/Apps, or any content or website you may be able to access through the Web Content/Apps. If you use a third party application, the application may access, collect, use or disclose your personal information or require the network carrier to disclose your information, including location information (when applicable), to the application provider or some other third party. If you access, use or authorize third party applications through Mobile Web Services, you agree and authorize Straight Talk and the network carrier to provide information related to such use. You understand that your use of third party applications is subject to the third party's terms and conditions and policies, including its privacy policy.

Information on Phones: Your Phone may contain sensitive or personal information. Straight Talk is not responsible for any information on your phone, including sensitive or personal information, data or photographs. If possible, you should remove or otherwise safeguard any sensitive or personal information, data and photographs when your phone is out of your possession or control, including, but not limited to, relinquishing, exchanging, returning or recycling your phone. By submitting your phone to us, you agree that our employees, contractors or vendors may access all of the information on your phone.

LIMITATION OF LIABILITY FOR STRAIGHT TALK WIRELESS SERVICE, GPS, MOBILE WEB SERVICES AND WEB PURCHASES: IN NO EVENT SHALL STRAIGHT TALK, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE STRAIGHT TALK WIRELESS SERVICE, VOICE MAIL, ANY GPS MAPS, SOFTWARE, MOBILE WEB SERVICES OR OTHER WEB CONTENT, EVEN IF STRAIGHT TALK, OR THEIR RESPECTIVE LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, STRAIGHT TALK, ITS EMPLOYEES, LICENSORS AND AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.

Non-Rated Content: Straight Talk Mobile Web Services content is NOT rated or filtered 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 or other restrictions.

6. STRAIGHT TALK UNLIMITED TALK, TEXT AND DATA PLAN INTENDED USE:  Straight Talk Unlimited Talk, Text and Data Plans  may ONLY be used with a Straight Talk handset or SIM Card for the following purposes: (i) Person to Person Voice Calls (ii) Text and Picture Messaging, and (iii) Internet browsing and ordinary content Downloads. The Straight Talk Unlimited Plan MAY NOT be used for unauthorized uses that adversely impact our service. Examples of unauthorized uses include, without limitation, the following: (i) continuous uninterrupted 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 uninterrupted continuous video; (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. A person engaged in unauthorized uses may have his/her service throttled and/or terminated.  In some circumstances, Customers may be provided notice and an opportunity to take corrective action with respect to unauthorized uses before their service is terminated.

Unlimited voice services may not be used for monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity or autodialed calls or robocalls.  Straight Talk reserves the right to cancel or deactivate service, and/or reduce data throughput in order to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of Straight Talk service. Straight Talk reserves the right to limit or reduce data throughput speeds or the amount of data transferred, and to deny or terminate Service, to anyone Straight Talk believes is using the Straight Talk Unlimited Talk, Text and Data Plan in an unauthorized manner or whose usage, in Straight Talk’s sole discretion, adversely impacts the Carrier’s network or customer service levels. Straight Talk will presume you are engaging in an unauthorized 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 service levels. 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, terminate or reduce the speed of data connection throughput, Mobile Web Access or terminate your service, decline to renew your service, or offer you a different service plan with no unlimited usage component.

Straight Talk may discontinue providing Service to you, discontinue your account, terminate data connections and/or reduce data throughput speeds for customers whose usage, 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, Straight Talk’s service or the ability to provide quality service to other customers.  For a detailed description of activities that could result in reductions in data service speeds or service interruption or termination, see the beginning of this Paragraph 6. 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: 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 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 . 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 in 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 person or 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.

You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages you may suffer or incur resulting from: (a) anything done or not done by another person; (b) providing or failing to provide Mobile Web Services, including, but not limited to, deficiencies or problems with a phone or network coverage (for example, dropped, blocked, interrupted service, etc.); (c) traffic or other accidents, or any health-related claims relating to our service; (d) Data Content or information accessed while using our service; (e) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, Enhanced 911 or otherwise; (f) interrupted, failed, or inaccurate location information services, (g) information or communication that is blocked by a spam filter, (h) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or (i) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each

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. DISPUTE RESOLUTION: You agree that you will first contact us with any dispute and provide a written description of the nature of the dispute, all relevant documents and other information concerning the dispute and your proposed resolution before taking any legal action. If we are unable to reach a resolution of your dispute within 60 days of your notice to us, you agree that instead of filing a lawsuit or small claims action in a court of law, you will submit the dispute to binding arbitration as set forth in this provision.

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.

16. 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.

17. PRIVACY POLICY: To view the Straight Talk Privacy Policy please refer to the Straight Talk website 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.

Apple products are covered by a one-year Limited Warranty offered and administered by Apple.  Please see apple.com for more information.

How to obtain Warranty Service. To obtain warranty service from Straight Talk on a new or reconditioned phone or Straight Talk accessories purchased from Straight Talk or Wal-Mart, 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 UNLIMITED INTERNATIONAL LONG DISTANCE CARD AND STRAIGHT TALK PAY AS YOU GO INTERNATIONAL CALLING SERVICE ADDITIONAL TERMS AND CONDITIONS.

These additional terms and conditions apply to customers who purchase and/or use the Straight Talk Unlimited International Long Distance Card (the “Unlimited ILD Card”) or Straight Talk Pay As You Go International Long Distance Prepaid Calling Service (“Paygo ILD Service”) (collectively, “Straight Talk ILD Service”). By purchasing or using the Unlimited ILD Card or the 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.

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 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 our website at straighttalk.com.

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 the Straight Talk Pay As You Go International Calling Service.

STRAIGHT TALK UNLIMITED ILD CARD

The Straight Talk Unlimited ILD Card is intended for live dialogue between, and initiated by two individuals for personal use and not for commercial use or resale. Personal use is defined as calls originated by the owner of the cell phone (mobile phone) and/or handset to an international destination to initiate conversation between two individuals.  It may not be used for any other purpose 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. The service is not for commercial use or resale. Loaning or renting your handset (mobile phone or cell phone) or service to other persons for their use or calling, hosting, establishing or maintaining a Chat Line is not considered personal use. We will presume a customer is engaged in non-personal use in violation of our terms and conditions if their international long distance calling usage exceeds three times the average usage of our ILD subscriber base, and we reserve the right to suspend, terminate or restrict your services with no prior notice.

The Straight Talk Unlimited ILD Card will allow you to place calls to select destinations internationally. It will not allow you to place calls to all destinations or to all countries. The service excludes calls to higher cost cellular and wireline, non-geographic and premium numbers. The destinations which are available may change without notice at any time. The Straight Talk Unlimited ILD Card is not a substitute for regular international calling services. The Straight Talk Unlimited ILD Card excludes certain call types such as calls to non-geographic and premium numbers. In order to determine if your destination of choice is available on the service, you may check our website at straighttalk.com/unlimitedinternational. Each mobile phone will be allowed to call up to 15 unique destination numbers per 30-day period. The 15 unique destination numbers automatically resets when the Account is renewed each service period.  You can review your destinations at straighttalk.com/internationalcalling.  If you want to call a destination or telephone number which is not part of this Unlimited ILD Service, you may purchase and utilize a prepaid international $10 Global card.

IMPORTANT NOTICE FOR CUSTOMERS CALLING MEXICO: Calls to cellular phones in Mexico are limited to 400 minutes every 30 day service period.

Straight talk will presume certain usage, dialing or calling patterns to indicate that you are using the ILD Service in violation of these Terms and Conditions and We reserve the right to suspend, terminate or restrict Your Services without prior notice. If You believe that We are in error, You may contact customer Service at 1-877-430-2355 and depending on the circumstances, We may reactivate Your Unlimited ILD Service. If, however, You continue Your usage, dialing or calling patterns that We deem connote non-personal use in violation of these terms and conditions, We reserve the right to suspend, terminate or restrict Your Services with no prior notice. You will not receive a refund if your service is terminated for violating these terms and conditions.

International telephone service may be provided by other carriers, many of whom Straight Talk may not have a direct contractual relationship or service level agreements. In addition, the service provided by these third parties may not be the same as service provided in the United States or by other international long distance carriers. Events beyond our control may affect the availability and/or quality of service.

STRAIGHT TALK PAY AS YOU GO INTERNATIONAL CALLING SERVICE

19. PURCHASING AND REGISTERING STRAIGHT TALK ILD SERVICE: In order to use Straight Talk Pay as you go International Calling Service, you must purchase the international calling service through your Straight Talk “My Account” Pay As You Go International Calling Service feature found at 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.

$10 Global Service

All Plans are subject to the ILD Term and Conditions of Service. The rates to specific countries, regions or cities are available at straighttalk.com/internationalcalling.  All rates are subject to change at any time without prior notice. Calls are billed in one-minute increments. Expiration period of 180 days after last purchase or 30 days after the Straight Talk Wireless subscriber's mobile service is suspended.

Adding a $10 Global Card:

You may refill your $10 balance in $10 increments on the straighttalk.com website either when you 1) purchase a service card or 2) visit my account and elect to buy another card or 3) visit straighttalk.com/internationalcalling and select the $10 card option. The mobile phone number you provide when purchasing this international calling card will be the service line that is permitted to dial internationally. You are responsible for preventing the unauthorized use of Your Account and the Service, and You are responsible for any reduction in value of Your Account arising out of authorized and unauthorized use. Your Global Card airtime will expire after 180 days of non-use, or after 30 days of inactive Straight Talk service.”

Suspending/Canceling the Service

You agree not to use the Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with Our ability to provide the Service to You or to other customers; or (2) violates applicable law or this Agreement; or (3) avoids Your obligation to pay for the Service; or (4) is not for consumer use. You agree not to resell the Service or to use the Service for any unlawful or abusive purpose or in such a way as to create damage or risk to Our business, reputation, employees, facilities, third parties or to the public generally.

20. REFILLING YOUR STRAIGHT TALK PAY AS YOU GO INTERNATIONAL CALLING SERVICE ACCOUNT: Your Pay as you go International Calling Service will only work when you have a positive balance in your Pay as you go International Calling - Service account. You may refill your Pay as you go International Calling 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 Pay as you go International Calling 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 Pay as you go International Calling 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 Pay as you go International Calling 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 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 Pay as you go International Calling 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 Pay as you go International Calling Service before terminating the service. Please note that you may use your Pay as you go International Calling Service balance from any phone authorized in your Pay as you go International Calling Service even if your Straight Talk number has been deactivated.

OTHER TERMS AND CONDITIONS APPLICABLE TO STRAIGHT TALK UNLIMITED INTERNATIONAL LONG DISTANCE CARD AND STRAIGHT TALK PAY AS YOU GO INTERNATIONAL CALLING SERVICE

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 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 our 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 service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the 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 service is solely at Your risk.

26. LIMITATION OF LIABILITY: Your 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.

IN NO EVENT SHALL STRAIGHT TALK, ITS EMPLOYEES, LICENSORS OR AFFILIATES BE LIABLE TO ANY PARTY FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE STRAIGHT TALK ILD SERVICE, EVEN IF STRAIGHT TALK AND/OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, STRAIGHT TALK, ITS EMPLOYEES, LICENSORS AND AFFILIATES' LIABILITY SHALL BE LIMITED TO US $50.

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.

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.

STRAIGHT TALK WIRELESS HOME PHONE TERMS AND CONDITIONS OF SERVICE

IMPORTANT 911 EMERGENCY RESPONSE INFORMATION:

The Equipment is designed to operate indoors only. The GPS chip in the Equipment will work best if you place the Equipment near a window or other opening to the exterior of the premises. In the event of an emergency call to 911, You should be prepared to provide your address and exact location inside the premises.

Please note if the landline or cordless phone to which you connect the Equipment requires external electric power to operate, Your Service (including the ability to make and receive 911 calls) will not be available during a power outage.

Neither TracFone Wireless, Inc. nor Straight Talk, nor any of their affiliates, shall be liable for any service outages and/or Your inability to access 911 emergency service personnel for any reason.

Straight Talk Wireless Home Phone - Terms and Conditions of Service

Straight Talk Wireless Home Phone Service is offered subject to the terms and conditions set forth below (“Terms and Conditions”). Please read the Terms and Conditions carefully. The Terms and Conditions 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 the Terms and Conditions at any time and in its sole discretion. Any changes or modifications to the Terms and Conditions will be binding upon you once posted on the Straight Talk Wireless Home Phone website found at straighttalkhomephone.com. Straight Talk and Straight Talk Wireless Home Phone are brands and services of TracFone Wireless, Inc.

1. REGISTERING, ACTIVATING AND USING YOUR STRAIGHT TALK WIRELESS HOME PHONE SERVICE: Straight Talk Wireless Home Phone is a wireless voice service offered by Straight Talk for use indoors with a landline or cordless phone. You must connect the Equipment to a corded or cordless phone in order to use the Service.

You, the customer, are responsible for assessing whether the coverage available where you place the Equipment indoors is acceptable to You in connection with your use of Straight Talk Wireless Home Phone service. The Equipment requires at least moderate coverage throughout the indoor premises where you are using Straight Talk Wireless Home Phone in order to successfully use the Service. Regardless of the coverage available, Straight Talk Wireless Home Phone is not equivalent to traditional landline phone service.

The Equipment is not designed to operate independently through a direct connection between the Equipment and a landline telephone wall jack. The Equipment must be connected to landline or cordless telephone in order to operate. Do not connect any USB-based device into the USB port of the Equipment under any circumstances. Doing so may damage the Equipment and cancel the warranty. The USB port is designed for diagnostic purposes only and is not intended for customer use.

You must purchase a monthly service plan in order to activate your Service. Before you can use your Service, you must register and activate the Equipment. You may activate your Equipment by visiting the Straight Talk Wireless Home Phone website found at straighttalkhomephone.com or by calling our Customer Care Center at 800-299-7784 from another phone. During the activation process, you will have an opportunity to register 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 certain instances, you may not be able to transfer (port) your existing phone number from another carrier to Straight Talk. Please note that You have no ownership rights to any telephone number, IP address or any other identifier associated with your Service and You acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice to You. If you do not refill your service by your Service End Date, your phone number may be lost. Once you have been assigned a 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.

Your Straight Talk Home 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 Equipment can only be used through Straight Talk, and cannot be activated with any other wireless service. Your Equipment will only operate with a Straight Talk Wireless Home Phone Plan.

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. Certain 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.

2. STRAIGHT TALK SERVICE PLANS AND SERVICE CARDS: Straight Talk Wireless Home Phone offers two monthly plans: Unlimited Nationwide Calling (includes local and nationwide long distance calling) and Unlimited International Calling (includes local and long distance nationwide calling and international calling to certain select destinations). Please note that unlimited service plans do not track “per minute” usage for nationwide calls. The Plans are subject to certain limitations as set forth in these terms and conditions below.

Data service is not available with Straight Talk Wireless Home Phone. Straight Talk Wireless Home Phone is not compatible with home security systems, fax machines, DVR services, credit card machines, medical alert services or High Speed or DSL Internet services.

The Service cannot be used to place certain types of calls such as collect calls, operator assisted calls and dial around calls. The Service is not available to place 500, 700, 900 or 976 calls and may not be available for certain other calls.

The terms of the plans are subject to change without notice. Service is provided at Straight Talk’s discretion.

LIMITATION OF LIABILITY: IN NO EVENT SHALL STRAIGHT TALK, ITS EMPLOYEES OR LICENSORS OR AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE STRAIGHT TALK SERVICE, VOICE MAIL, CALLING 911 DURING AN EMERGENCY, FAILURE OF HOME SECURITY SYSTEM, UNAVAILABILITY OF INTERNET SERVICE OR FOR ANY OTHER REASON, EVEN IF STRAIGHT TALK, OR THEIR RESPECTIVE LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, STRAIGHT TALK, ITS EMPLOYEES, LICENSORS AND AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.

3. REFILLING YOUR SERVICE: Your Straight Talk Home Phone will only operate when your Service is active and you have a positive Service balance in your account (Services include minutes and Service days). Minutes and Service have no cash value and do not accumulate. With each refill you will lose any unused Service balances (including any remaining days and minutes) 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 unused Service balances (i) when you refill your Service; (ii) that expire by your Service End Date; (iii) on your Equipment if it is lost or stolen; or (iv) for Services purchased that are not compatible or supported by your Equipment. 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.

You may refill your Service as follows:

(1) Straight Talk Auto-Refill: You may enroll by registering your credit or accepted debit card (with Visa or MC logo) at straighttalkhomephone.com 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 Service with the Plan you select. If you have any Service Plans or Cards in Reserve, those cards will be applied first before an Auto-Refill purchase is processed. Once you have used all Service Plans or Service Cards in your 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 straightTalk.com and walmart.com.  Service begins on the day you add the Services or, if the Service Plan or Service Card is placed in your Reserve, on your Service End Date. Service Cards do not expire except as specifically permitted by law. See below for more information regarding Straight Talk Reserve.

(3) Straight Talk Reserve: With Straight Talk Reserve, you may purchase and add Straight Talk Service Plans and Service Cards to your Straight Talk Reserve to be automatically applied on your Service End Date. You may access the Service Plans and Service Cards in your Straight Talk Reserve at any time through “My Account.” All Service Plans and Cards you redeem are automatically added to your Straight Talk Reserve to be applied at your Service End Date. If you are an Auto-Refill customer and have decided to add a Service Plan or Service Card to your Straight Talk Reserve, the Plan or Card in Reserve will take precedence over the Auto Refill and it will be applied before an Auto Refill purchase is processed.

4. 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. You can find your Service End Date by visiting our website.

Refilling Your Account after Service End Date: If you do not buy and add Services prior to the Service End Date, your Service will be deactivated on the Service End Date, you will lose all unused Services and you may lose your telephone number. If your phone is deactivated for failure to add Services before the Service End Date, you will need to provide your Equipment’s IMEI/MEID DEC number in order to reactivate your service.

5. TERMINATION OF SERVICE: Either party may terminate this Agreement (which will terminate the provision of Service) at any time. Any unused service at the time of termination will not be refunded. Straight Talk may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement, if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that you are using your Straight Talk Service for an unlawful purpose or in a way that may adversely affect our service and/or if you engage in any deceptive or unfair conduct with respect to your Equipment and/or Service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of the Equipment.

6. STRAIGHT TALK UNLIMITED PLAN INTENDED USE: Straight Talk Unlimited Plans may ONLY be used with Straight Talk Wireless Home Phone Equipment for person to person Voice Calls. 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) any data service; (iii) as a substitute or backup for private lines or dedicated data connections; (iv) for permanent call forwarding; (v) traffic pumping; or (vi) telemarketing, robocalls or other automated calling. A person engaged in prohibited uses may have his/her service terminated without notice or a refund.

The Straight Talk Wireless Home Phone Unlimited Plans are 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 deny or terminate Service, without notice, to anyone Straight Talk believes is using the Service in any manner prohibited above or whose usage, in Straight Talk’s sole discretion, adversely impacts the Carrier’s network or customer 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 usage is harmful or disruptive to the Carrier’s network or services. If we determine, at our sole discretion, that you are using our Service in violation of these terms and conditions, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls, terminate your service or decline to renew your service. Notwithstanding the foregoing, Straight Talk reserves the right to deny service or deactivate or cancel existing service, to anyone for any reason at any time, in Straight Talk’s sole discretion. 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.

7. You are responsible for all activities undertaken by you using the Services. You shall not use, nor permit others to use the Service 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. These maps are for general informational purposes only. The coverage maps depict the general coverage area. 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 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 or 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, other obstructions, weather and other conditions. You will not be able to make 911 calls if your Service is not available. 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. Straight Talk is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.

9. EMERGENCY CALLS: Do not rely solely on your Straight Talk Wireless Home Phone in an emergency situation. In an emergency, locate the nearest landline phone and call for help.

10. 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. 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.

11. LIMITATION OF LIABILITY: Your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of Straight Talk’s control. Service is not available for purchase and use in all sales channels or areas. There are gaps in service within the service 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 person or company furnishing a part of our Services or Equipment or for any damages that result from any Service or Equipment provided by or manufactured by third parties.

You agree that neither we nor our vendors, suppliers or licensors are responsible for any damages you may suffer or incur resulting from: (a) anything done or not done by another person; (b) providing or failing to provide Service, including, but not limited to, deficiencies or problems with your Equipment or network coverage (for example, dropped, blocked, interrupted service, etc.); (c) traffic or other accidents, or any health-related claims relating to our service; (d) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, Enhanced 911 or otherwise; (e) interrupted, failed, or inaccurate location information services, (f) information or communication that is blocked by a spam filter, (g) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or (h) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts.

12. 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 Straight Talk Wireless Home Phone Equipment and/or Services, whether based in contract or tort (including strict liability) and regardless of the form of action.

13. UNAUTHORIZED USAGE OR RESALE: The Equipment is sold exclusively for use by you, the end consumer, with the Service available solely within the United States. Any other use of your Equipment 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 Equipment, enter unauthorized PINs, engage in any other unauthorized or illegal use of your Equipment or the Service, or assist others in such acts, or to sell and/or export Equipment outside of the United States. Improper, illegal or unauthorized use of your Equipment 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.

14. DISPUTE RESOLUTION: You agree that you will first contact us with any dispute and provide a written description of the nature of the dispute, all relevant documents and other information concerning the dispute and your proposed resolution before taking any legal action. If we are unable to reach a resolution of your dispute within 60 days of your notice to us, you agree that instead of filing a lawsuit or small claims action in a court of law, you will submit the dispute to binding arbitration as set forth in this provision.

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.

15. 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.

17. PRIVACY POLICY: To view our Privacy Policy please refer to our website.

18. STRAIGHT TALK UNLIMITED INTERNATIONAL CALLING SERVICE ADDITIONAL TERMS AND CONDITIONS.

These additional terms and conditions apply to customers who purchase and/or use the Straight Talk Wireless Home Phone Unlimited International Calling Plan (the “Straight Talk ILD Service”). By purchasing or using the Straight Talk 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.

The Straight Talk Unlimited ILD Card is intended for live dialogue between two individuals for personal use. It may not be used for any other purpose including, but not limited to, conference calling, monitoring services, any data service, transmission of broadcasts or 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. The service is not for commercial use or resale. Loaning or renting y our handset or service to other persons for their use or calling, hosting, establishing or maintaining a Chat Line is not considered personal use. We will presume certain usage, dialing, or calling patterns indicate that you are not using the ILD service for your personal use and we reserve the right to suspend, terminate or restrict your services with no prior notice.

The Straight Talk Unlimited ILD Card will allow you to place calls to select destinations internationally. It will not allow you to place calls to all destinations or to all countries. The service excludes calls to higher cost cellular, non-geographic and premium numbers. The destinations which are available may change without notice at any time. The Straight Talk Unlimited ILD Card is not a substitute for regular international calling services. The Straight Talk Unlimited ILD Card excludes certain call types such as calls to non-geographic and premium numbers. In order to determine if your destination of choice is available on the service, you may check our website at straighttalk.com/unlimitedinternational. You can also check to see if your specific destination is covered by texting the Country Code + City Code + Phone Number to 47787 from a cellular phone. Standard text message rates apply.

Straight talk will presume certain usage, dialing or calling patterns to indicate that you are using the ILD Service in violation of these Terms and Conditions and We reserve the right to suspend, terminate or restrict Your Services without prior notice. If You believe that We are in error, You may contact customer Service and depending on the circumstances, We may reactivate Your Unlimited ILD Service. If, however, You continue Your usage, dialing or calling patterns that We deem connote non-personal use in violation of these terms and conditions, We reserve the right to suspend, terminate or restrict Your Services with no prior notice. You will not receive a refund if your service is terminated for violating these terms and conditions.

International telephone service may be provided by other carriers, many of whom Straight Talk may not have a direct contractual relationship or service level agreements. In addition, the service provided by these third parties may not be the same as service provided in the United States or by other international long distance carriers. Events beyond our control may affect the availability and/or quality of service.

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 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.

You acknowledge that our 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 service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the 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 service is solely at Your risk.

Your 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.

IN NO EVENT SHALL STRAIGHT TALK, ITS EMPLOYEES, LICENSORS OR AFFILIATES BE LIABLE TO ANY PARTY FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE STRAIGHT TALK ILD SERVICE, EVEN IF STRAIGHT TALK AND/OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, STRAIGHT TALK, ITS EMPLOYEES, LICENSORS AND AFFILIATES' LIABILITY SHALL BE LIMITED TO US $50.

19. LIMITED WARRANTY: Your Equipment is covered by a one year limited warranty, set forth below, administered by Straight Talk. You may obtain warranty service directly from Straight Talk.

How to obtain Warranty Service. To obtain warranty service please contact Technical Support at 1-877-430-CELL (1-877-430-2355). If your problem cannot be resolved over the phone, our technicians will provide you with a Ticket Number, which you will use to send your Equipment to the designated 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 Wireless Home Phone Equipment (“Product”) is free from defects in material and workmanship that result in Product failure during normal usage, according to the following terms and conditions:

STRAIGHT TALK MOBILE HOTSPOT TERMS AND CONDITIONS OF SERVICE

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 at StraightTalk.com. Straight Talk is a brand and service of TracFone Wireless, Inc.

By purchasing and/or activating a Straight Talk Mobile Hotspot device, activating Straight Talk service on your own CDMA device and/or using any Straight Talk data service (“Service”), “You” (our customer) acknowledge and agree to the following terms and conditions:

1. REGISTERING, ACTIVATING AND USING YOUR STRAIGHT TALK HOTSPOT DEVICE AND SERVICE: You may activate your Straight Talk Hotspot device by visiting the Straight Talk website at StraightTalk.com or by calling our Customer Care Center at 1-877-430-CELL (1-877-430-2355). You will need to provide an email address in order to activate your ST Hotspot and You will be prompted for an email address upon registration at Straight Talk’s website at 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 physical address and to set up a password for your account. Your ST Hotspot can only be activated where Service is available, offered and supported by Straight Talk. The wireless telecommunications networks used to transmit data for the Service are owned and operated by licensed commercial mobile radio service providers (“Carriers”), not Straight Talk. Your ST Hotspot can only be used through Straight Talk, and cannot be activated with any other wireless service. Your ST Hotspot will only operate with a Straight Talk Mobile Hotspot Data Service Plan, Card or PIN (“Plans”). The terms of the Plans are subject to change without notice. Services are provided at Straight Talk’s discretion. If You notify us that your ST Hotspot 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 ST Hotspot may not be available. After activation, You should retain your activation and device materials, and specifications for future reference. You will need these in the event You need to reactivate your ST Hotspot for any reason.

Plan rates, features, functionality and other product specifications are subject to change without notice or obligation. All data amounts as quoted are approximate.

Please note that You have no ownership rights to any IP address or any other identifier associated with your Service and You acknowledge and agree that we may change any such IP address or other identifier associated with your Service at any time without prior notice to You.

2.  TERMINATION OF SERVICE: Either party may terminate this Agreement (which will terminate the provision of Service) at any time. Any unused Service or Plan at the time of termination will not be refunded.  Straight Talk may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your Service without notice for any conduct that we believe violates this Agreement, if You behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that You are using your ST Hotspot and/or Service for an unlawful purpose or in a way that may adversely affect our service, if You engage in any deceptive or unfair conduct with respect to your ST Hotspot and/or Service. If You do not buy and add Services prior to the Service End Date, your Service will be deactivated on the Service End Date. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of your ST Hotspot or connected device. 

3. REFILLING YOUR STRAIGHT TALK DATA SERVICE: Your ST Hotspot will only operate when your Service is active and You have a positive Service balance in your account.  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. You can find your Service End Date by visiting straighttalk.com/checkbalance.  With each refill of your Service, You will have the option to apply the refill at the moment (“now”) or put the amount in your Straight Talk Reserve (“Reserve”) (see section 3(c) below for more information about Straight Talk Reserve).  Redemptions added to Reserve will be applied when your current service expires.  If You redeem early, before the end of your current 30 day plan cycle and You still have remaining days and data balance, You will lose the remaining days and balance You had prior to the redemption.  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 and automatically expires.

Straight Talk Services are non-refundable. No refunds or discounts will be given for (i) unused Service balances when You refill your device and your Services balance is reset; (ii) unused Service balances that expire by your Service End Date; (iii) unused Service balances on your ST Hotspot if it is lost or stolen; or (iv) Services purchased that are not compatible or supported by your ST Hotspot. Plans are subject to change without prior notice.

You may refill your Service as follows:

(a) 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 Service with the Plan You select. **Please note: Your Auto-Refill is determined by the last Plan You have added to your ST Hotspot.  For example, if You purchase a 30-day Plan, your Auto-Refill will occur every 30 days. To change this, You must call Customer Service and speak with one of our Customer Care representatives. If You have any Service Plans in your Straight Talk Reserve (see 3(c) below), those will be applied first before an Auto-Refill purchase is processed. Once You have used all Plans in your Straight Talk Reserve, the Auto-Refill purchases will resume.

(b) Plans: Plans are available at Wal-Mart stores and online at StraightTalk.com and Walmart.com. You may be charged applicable taxes and fees at the time of purchase in certain areas. Each Plan comes with a specified amount of Service (data and Service days) as disclosed at the time of purchase. Service begins on the day You add the Services to your ST Hotspot or, if the Plan is placed in your Reserve, then on your Service End Date. Plans do not expire except as specifically permitted by law. See below for more information regarding Reserve. 

(c) Straight Talk Reserve: With Reserve, You may purchase and add Plans to your Reserve to be automatically applied on your Service End Date. You may access the Plans in your Reserve at any time through “My Account.”  Plans that You designate to apply as Reserve when redeemed, are automatically added to your Reserve to be applied at your Service End Date. With Reserve, if You decide You might need a Plan prior to your Service End Date, You can visit “My Account” to apply a Plan or otherwise manage your Plans in Reserve. If You are an Auto-Refill customer and have decided to add a Plan or to your Reserve, the Plan in Reserve will take precedence over the Auto-Refill and it will be applied before an Auto-Refill purchase is processed.

4.  MOBILE HOTSPOT DATA SERVICE PLANS: Plans includes the following service options:  1 GB Data (30-day), 2 GB Data (30-day), 4 GB Data (60-day), 5 GB Data (60-day) and 7 GB Data (60-day).  Plans are subject to change.  Plans are for use with ST Hotspots only.  Non-Hotspot Plans, for use with other Straight Talk products, will not work with ST Hotspots.  Plans include data and Service days only.  Voice, text and messaging services are not provided or included.   

5.  ST HOTSPOT RESTRICTIONS AND LIMITATIONS: 

Device Usage Limitations:  While up to five (5) devices may be connected to your ST Hotspot at one time, a single connected device will experience optimal speeds.  Performance will be reduced if multiple devices access data through the ST Hotspot simultaneously.  Actual data speed, availability and coverage will vary based on device capabilities, usage, your location and network availability.  Service is not available while roaming.

 

LIMITATION OF LIABILITY: IN NO EVENT SHALL STRAIGHT TALK, ITS EMPLOYEES, LICENSORS, AGENTS OR AFFILIATES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE STRAIGHT TALK DATA SERVICE, EVEN IF STRAIGHT TALK, OR ITS EMPLOYEES, LICENSORS, AGENTS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, STRAIGHT TALK, ITS EMPLOYEES, LICENSORS AGENTS AND AFFILIATES' LIABILITY SHALL BE LIMITED TO U.S. $50.

YOU ACKNOWLEDGE THAT THE USE OF STRAIGHT TALK 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 STRAIGHT TALK DATA 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 THESE TERMS.

You are responsible for all activities undertaken by You using the Services. Plans and Service are 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 Service in a manner that adversely impacts the Carrier’s network.

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 Service. You further acknowledge that as a legal guardian, it is your responsibility to determine whether use of the Straight Talk Service is appropriate for your child.

ROAMING: “Roaming” occurs when a subscriber of one wireless service provider uses the network facilities of another wireless service provider.  Roaming is not supported on ST Hotspot devices.

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 system. 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).

Your ST Hotspot has security limitations.  Straight Talk is not responsible for any breach or loss of security from your ST Hotspot or connected device.  Your device may not be password protected as a default.  You are responsible for adding password protection, if available on your device. Some functions and features referenced in the User Guide provided with your ST Hotspot or a device connected to your ST Hotspot may not be available. 

6.  SERVICE AREA MAPS AND COVERAGE MAPS: You will find Service Area Maps and Coverage Maps on our website, at 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, while outdoors, of the network on which your ST Hotspot may be activated. 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 slower data speeds or no data connectivity. 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. If You travel outside of your coverage area, your ST Hotspot 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 ST Hotspot and geographic area. Straight Talk is not responsible for any Service outages, interruptions in Service or decline in the quality of Service regardless of the cause.

7.  DATA USAGE:  Data usage is measured in bytes, kilobytes (KB), megabytes (MB) and gigabytes (GB).  Bytes are rounded up to the next KB with rounding occurring during and/or at the end of the data session.  All data that is directed to your device’s internet address, including data sessions that You do not initiate or complete, are counted against your data usage.  Examples of data that will count as part of your data usage are:  sending or receiving email, documents, pictures or other files; multimedia streaming (music and video); file uploads and downloads; gaming services, graphics and applications; web page graphics (including logos, pictures, banners, advertisements and updates to any of the aforementioned); automatic device updates and any other automatic updates; any additional data necessary in order to access, transport and route files on the network; data associated with incomplete or interrupted downloads; and data associated with unsuccessful attempts to upload or download a file, reach a website, use an application or complete an online form or purchase; and any data that is re-sent (such as when refreshing a page or browser).  Data usage includes all data that is downloaded, even though You may not have listened to or watched the entire download.  The data that is consumed and applied against your data usage is in addition to any charges you may incur for purchased data content (such as the cost associated with purchasing music, games, apps, movies, etc.).  The amount of data consumed and calculated as your data usage will vary significantly even with respect to identical actions and data sessions.  Estimates of data usage such as the size of downloaded files are not accurate indicators of actual data consumed during a session. 


Straight Talk does not guarantee the availability of Service in your network coverage area at any time. Straight Talk is not responsible and will not be liable for any modifications, interruptions or discontinuation of Services or for your failure to receive any purchased Web Content. If your Service 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, data usage may nevertheless be deducted.

Service is provided on an “AS IS” and “AS AVAILABLE” basis. Straight Talk does not warrant that the 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 Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources that may be harmful or malicious.

8. 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 ST Hotspot and/or Services, whether based in contract or tort (including strict liability) and regardless of the form of action.

9. UNAUTHORIZED USAGE OR RESALE: The ST Hotspot is sold exclusively for use by You, the end consumer, with Service available solely within the United States. Any other use of your ST Hotspot including, without limitation, any resale or activation and/or use on a network other than Straight Talk, 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 device or its software, enter unauthorized PINs or passwords, engage in any other unauthorized or illegal use of your ST Hotspot or the Service, or assist others in such acts, or to sell and/or export ST Hotspots outside of the United States. Improper, illegal or unauthorized use of your ST Hotspot 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.

Some ST Hotspots have SIM cards. If your ST Hotspot 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 device You may not remove your SIM card or use the SIM card on any other wireless device. 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 or ST Hotspot.

10. DISPUTE RESOLUTION: You agree that you will first contact us with any dispute and provide a written description of the nature of the dispute, all relevant documents and other information concerning the dispute and your proposed resolution before taking any legal action.  You must forward your written dispute to:  TracFone Legal Department, Attn: Customer Disputes, 9700 NW 112 Ave, Miami, FL 33178.

If we are unable to reach a resolution of your dispute within 60 days of your notice to us, you agree that instead of filing a lawsuit or small claims action in a court of law, you will submit the dispute to binding arbitration as set forth in this provision.

 

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 DEVICE, 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 device, 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.

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

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

13. LIMITED WARRANTY: A new ST Hotspot is covered by a one year limited warranty, set forth below, and administered by Straight Talk. A reconditioned ST Hotspot 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 ST Hotspot, 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 ST Hotspot to the designated Straight Talk Service Center for repair or replacement, at Straight Talk’s discretion.


Straight Talk warrants to You that your ST Hotspot 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 extends for one (1) year beginning on the date of the purchase.  It extends only You, the original purchaser of the ST Hotspot, and is not assignable or transferable. Upon request, You must provide the date of purchase of the Product and a dated bill of sale or dated itemized receipt.

(2) During the limited warranty period, Straight Talk will replace or repair, at Straight Talk’s sole option, any defective ST Hotspot (except as excluded below), that do not properly operate for their intended use (except as excluded below) with a new or refurbished ST Hotspot if such replacement or repair is needed because of ST Hotspot malfunction or failure during normal usage. Straight Talk may, at its sole discretion, replace the ST Hotspot with a refurbished ST Hotspot of the same model if available, or if not available, of a comparable model of ST Hotspot. The limited warranty does not cover loss of information, including but not limited to personal information, passwords, contacts, music, 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 You return the ST Hotspot to Straight Talk for repair, determined by the price paid by You for the ST Hotspot less a reasonable amount for usage. Straight Talk shall not be liable for any other losses or damages. These remedies are your exclusive remedies for breach of warranty.

(3) You shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
               a) The ST Hotspot 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 ST Hotspot 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 of the alleged defect or malfunction of the ST Hotspot within fourteen (14) days after the expiration of the applicable limited warranty period.
               d) The product serial number plate, sim card, identifying information, or the enhancement data code has been removed, defaced or altered.
               e) The defect or damage was caused by viruses or other software problems introduced into the ST Hotspot or connected device.

(4) Straight Talk does not warrant uninterrupted or error-free operation of the ST Hotspot or Service.

(5) STRAIGHT TALK EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE FOREGOING LIMITED WARRANTY IS YOUR 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 ST HOTSPOT OR ANY CONNECTED OR OTHERWISE 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 THE ST HOTSPOT 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.

(6) 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. This limited warranty gives You  specific legal rights and You may also have other rights which vary from state to state. With respect to Jurisdictions that may not allow the exclusion of liability, but may allow liability to be limited in some cases, liability shall be limited to U.S. $50.

(7) 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.

(8) This is the entire warranty between Straight Talk and You, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the ST Hotspot, and no representation, promise or condition not contained herein shall modify these terms.


14VALID PROVISIONS ENFORCEABLE:  In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

 

15 ENTIRE AGREEMENT:  This Agreement constitutes the entire agreement between You and TracFone Wireless, Inc. with respect to ST Hotspot, Plans, and Services.  The failure of either party to enforce at any time any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms.  No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term.   

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 Product of the same model if available, or if not available, of a comparable model. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. 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 Customer Care for repair or replacement processing of the Product. Straight Talk shall, at its discretion, provide a replacement Product that may consist of refurbished Equipment 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).

© 2013 TracFone Wireless, Inc.    Updated  January 10, 2014