Terms and Conditions of Service | Straight Talk Wireless
STRAIGHT TALK WIRELESS TERMS AND CONDITIONS OF SERVICE
I. Straight Talk Wireless Service
II. Straight Talk International Long Distance Service
III. Straight Talk Home Phone
IV. Straight Talk Mobile Hotspots and Bring Your Own Tablet
V. Straight Talk Return Policy
VI. Straight Talk Limited Warranty
VII. Straight Talk Unlocking Policy
VIII. Straight Talk Lifeline
THESE TERMS AND CONDITIONS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 16 BELOW.
BY USING THE SERVICE PROVIDED BY STRAIGHT TALK YOU AGREE TO RECEIVE COMMUNICATIONS CONCERNING YOUR SERVICE VIA E-MAIL AND/OR THROUGH TEXT MESSAGE. YOU ALSO EXPRESSLY CONSENT TO RECEIVE ANY ADDITIONAL MARKETING OR CUSTOMER SERVICE RELATED COMMUNICATIONS STRAIGHT TALK MAY SEND ITS CUSTOMERS FROM TIME TO TIME VIA E-MAIL AND/OR TEXT MESSAGES. IF YOU WISH TO OPT-OUT FROM RECEIVING ANY OF THESE COMMUNICATIONS FROM STRAIGHT TALK PLEASE CONTACT CUSTOMER CARE OR EMAIL US AT PRIVACY@TRACFONE.COM .
I. STRAIGHT TALK WIRELESS SERVICE
Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement (“Agreement”) between you and Straight Talk. Straight Talk is a brand of TracFone Wireless, Inc. d/b/a Straight Talk.
By purchasing, activating, and/or using any Straight Talk product (“Product”) or the wireless services provided by Straight Talk (“Service”), you acknowledge and agree to these Terms and Conditions of Service. Straight Talk reserves the right to change or modify any of these Terms at any time. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at straighttalk.com. Because these Terms and Conditions of Service are subject to change at any time you should always check our website for the most current Terms and Conditions of Service. For assistance or more information about your Straight Talk Product or Service, please contact Straight Talk Customer Care at 1-877-430-2355.
1. ACTIVATING YOUR SERVICE
To use Straight Talk Service, you must first purchase a Straight Talk phone or a Straight Talk SIM Kit (“SIM Kit”) that can be used to activate a phone that is compatible with Straight Talk Service under the Bring Your Own Phone program. To activate your phone, you must also purchase and redeem a Straight Talk wireless plan (“Plan”). For more information about our Plans visit our website and see Section 3 below.
You may activate your Service by visiting our website at straighttalk.com or by calling our Customer Care from a phone other than the one you intend to activate. If you have purchased an SIM Kit to activate your own phone, follow the instructions that came with the SIM Kit to activate your Service. When you activate your Service, you will be provided with a telephone number unless you elect to transfer or “port-in” an existing telephone number you are using with another provider. In certain instances, you may not be able to transfer your existing telephone number for reasons outside of our control. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your wireless 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.
When you activate the Service, you will have the option of registering with us and creating an account (“Account”) by providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid subpoena or a court order.
Straight Talk Service can only be activated where Straight Talk Service is offered and supported by Straight Talk. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered by Straight Talk are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not Straight Talk. Some Carriers differentiate the wireless service they sell by prioritizing the data traffic of their customers over the data traffic of customers on a non-Carrier brand at times and at locations where there are competing customer demands for network resources. Where the network is lightly loaded, a Straight Talk customer will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, a Straight Talk customer will experience increased latency during a data session, particularly, if the customer is engaged in a data-intensive activity. When network loading goes down or if a customer moves to a location that is less heavily loaded in relation to available capacity, the latency associated with a customer’s data connection will improve.
If you are activating your own compatible phone under the Bring Your Own Phone Program, you are responsible for ensuring that the phone is unlocked, compatible with the Service, does not interfere with the Service, and that it complies with all applicable laws, rules and regulations. You are also responsible for ensuring that your phone meets all federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the Service are available on all Carrier networks or will function on all phones, including, phones activated under the Bring Your Own Phone program. Some functions and features referenced in the manufacturer’s manual provided with your phone may not be available when using the Service. Some Plans may not work on Smartphones or on phones activated under the Bring Your Own Phone program. Except for Straight Talk Mobile Hotspots and tablets activated under the Bring Your Own Tablet program (please see Section IV), 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.
We may, at any time and without prior notice to you, modify, cancel, and/or deactivate your Service and/or take other corrective action, for any reason in our sole discretion, including, your violation of these Terms and Conditions of Service. Further, we may remotely change your phone’s software, applications, or programming without notice. This could affect information stored on your phone, your phone’s programming, and how you are able to use your phone.
All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in digital mode and are approximate.
2. TERMINATION OF SERVICE
Either party may terminate this Agreement at any time. Termination of this Agreement will result in the immediate termination of your Service which may be reactivated if you elect to do so. Each time you activate your Service you agree that you are consenting to the latest Straight Talk Terms and Conditions of Service. Any Service which remains unused at the time of termination cannot be refunded or transferred to another person.
We may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt, suspend, cancel, or terminate your Service without immediate notice to you for any conduct that we believe violates these Terms and Conditions, including, but not limited to, the following:
(a) using or directing abusive, vulgar, derogatory, intimidating, or harassing language or conduct towards a Straight Talk representative, officer, employee, agent, or authorized retailer;
(b) using your Service for any unlawful, fraudulent, or illegal purpose;
(c) using your Service in any way that adversely affects the Service or the Carrier’s network;
(d) violating any term or condition contained in this Agreement.
Any term or provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive, including, any limitation of liability, disclaimer of warranties, dispute resolution procedures, restrictions with respect to the use of a Product or Service and our Limited Warranty, Return Policy, and Privacy Policy.
3. STRAIGHT TALK PLANS
Your phone will only have Service after you have purchased and redeemed a Plan and so long as you have Service days left on your Plan cycle. All Plans come with a certain number of days of Service (“Service Days”) per Plan cycle. You will have Service under your Plan so long as you do not reach your maximum allotment of minutes or data (to the extent they are capped) and so long as you have Service Days left on your Plan cycle. The Services that come with our Plans (e.g., talk, text and data) vary and change from time to time. Please also note that some Plans may only work with basic phones and are not intended for smartphones and a phone you activated with Straight Talk under the Bring Your Own Phone program. For the latest information about our Plans, including, any limitation that may apply please visit our website at straighttalk.com or call Customer Care.
4G/4G LTE networks are not available on all devices and in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary. If your Plan comes with a fixed amount of high speed data, your data speed will be reduced to as low as 64 kbps for the remainder of your Plan cycle after you have reached your high speed data limit. Your data speed will be restored once your next Plan cycle begins unless you purchase a new Plan prior to the start of your next Plan cycle. If your data speed is reduced, the reduced speed may impact the functionality of some data applications, such as streaming audio or video or web browsing. Data transmitted over Wi-Fi does not count against your data usage.
Depending on the Carrier network, Plans that come with high speed data also come automatically enabled with a feature that optimizes all detectable video streaming to DVD-quality (typically 480p) through the Carrier’s network (“Data Optimizer”). Data Optimizer manages the amount of high speed data used when streaming video on your phone in order to improve your experience by reducing the chances of your video stalling or buffering. You may disable the Data Optimizer feature at any time by contacting Customer Care. Video streaming over a Wi-Fi connection will be delivered at the video’s native resolution.
4. USING YOUR SERVICE
Service Days . As mentioned above, all Plans come with varying amounts of Service Days. Once you start a new Plan cycle, you will lose any unused minutes, data, and Service Days remaining under your current Plan. You will not receive a refund or credit for any unused minutes, data or Service Days once you begin a new Plan cycle.
Service End Date . To keep your Service active, you must purchase and redeem a Plan prior to your Service End Date. Your Service End Date is the last day of your Plan cycle and is determined by the date on which you activated your Service by redeeming a Plan. If you fail to redeem a new Plan prior to your Service End Date, your Account will be deactivated on your Service End Date and, if applicable, you may lose your phone number. To prevent this from occurring, please keep your Service active by purchasing a Plan before your Service End Date. Notwithstanding your Service End Date, Straight Talk reserves the right to discontinue your Service and deactivate any Account for which there is no usage for a period of six (6) consecutive months for smartphones and twelve (12) consecutive months for basic phones. If your Account is deactivated, it may be reactivated by purchasing and redeeming a new Plan. Once reactivated, you will be assigned a new phone number. Service under a Plan which remains unused at the time of deactivation will still be available if Service is reactivated within sixty (60) days from the deactivation date for basic phones and within thirty (30) days for smartphones, otherwise any unused Service under a Plan you purchased will be lost.
Straight Talk Auto-Refill: You may enroll in Auto-Refill by registering your credit or debit card at straighttalk.com and selecting the Plan you wish to purchase on a recurring basis. When you enroll in Auto-Refill, a new Plan will be automatically purchased and redeemed to your Account at the end of your Plan Cycle and your credit or debit card will be automatically charged for the cost of the Plan you elected to purchase on a recurring basis.
Straight Talk Reserve: With Straight Talk Reserve, you may purchase and add to your Account one or more Plans at a time. If you have a Plan in Reserve it will be automatically applied to your Account on your Service End Date. You may redeem a Plan in Reserve at any time prior to your Service End Date, however, if you do so, you will lose any used Service and Service Days left under your previous Plan. If you are enrolled in Auto-Refill, the Plans in your Reserve will take precedence over Auto-Refill and will be redeemed before an Auto-Refill purchase is processed.
All plan rates, offerings, and features are subject to change without prior notice. Plans have no cash value and are non-refundable. Plans cannot be transferred to another account nor can they be used with or transferred to another brand owned by TracFone Wireless, Inc. or another wireless service provider. No refunds or discounts will be given for (i) unused Service that expires after your Service End Date; (ii) unused Service if your Phone if it is lost or stolen; or (iii) Plans purchased that are not compatible or supported by your Phone.
5. TEXT MESSAGING
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 through the use of a wireless phone.
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.
6. DATA SERVICES
All Straight Talk Plans provide data services. Your use of data services (“Data Usage”) occurs whenever your phone is connected to the network and is engaged in any data transmission, including, but not limited to, (i) opening an internet browser or accessing a website, (ii) sending, receiving, or downloading emails, documents, pictures, multi-media messages and other content, (iii) downloading, updating, or using an app; or (iv) if internet access is initiated in any other way or for any other purpose.
Some apps, content, programs, and software that you download or that come pre-loaded on your phone automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, apps that provide real-time information and location-based applications connect to our network, and send and receive updated information so that it is available to you when you want to access it. We will deduct all Data Usage from the amount of high speed data provided by the Plan you purchased whenever your phone is engaged in a data connection, including, any type of connection which you affirmatively initiate or those that run automatically in the background without your knowledge whether they are successful or not. The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your Phone. Data Usage may depend on the amount of data or content transmitted during a data connection and the amount of time it takes to send or receive the data or content being transmitted. If you cancel or attempt to cancel a data or content transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage. Unless you are using Wi-Fi, any Data Usage on your phone, will count against your data balance.
For content downloads from the internet or an app store, you may incur a charge for the content you download (a “Content Charge”) from the provider of the content you have purchased. Unless Straight Talk is the provider of such content, you agree that Straight Talk is not responsible for the purchase, download, transfer, installation, use, transmission failure, interruption, or delay, or any web content, app store, or a app you access or purchase. Any support questions related to third-party downloads, including, but not limited to web content and apps should be directed to the third-party provider and not Straight Talk. When you use, download, or install web content and/or apps provided or sold by a third-party, you may be subject to separate terms and conditions, terms of use, privacy policies and other policies of the third-party. You agree that Straight Talk is not responsible nor liable to you for any third-party content, advertisements, websites, app stores, or apps you may download or access using your phone.
If you visit or use any third-party website, app store, or app, the third party may access, collect, use or disclose your personal information or require that the network carrier disclose your personal information, including, your location information (if applicable). If you access or use any third-party apps while using Data Services, you agree and authorize Straight Talk and the network Carrier to provide information related to such use. You understand that your use of a third-party app is subject to the third party’s terms and conditions and policies, including its privacy policy. You should refer to the third-party’s privacy policy for information regarding the use of information collected when you download, install, or use web content or applications from that third party.
Not all of the online content which is accessible to one using Data Services is intended for children. In the event that you, as a legal guardian allow your child to use Data Services, you acknowledge that your child has the permission to use the Data Services including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether using Data Services is appropriate for your child. If you browse the internet using Data Services, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites.
Availability, Interruptions, and Discontinuation to Data Services . Straight Talk does not guarantee the availability of Data Services and reserves the right to modify, suspend, cancel, interrupt, discontinue, terminate or reduce your data throughput speed without notice. Straight Talk is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure to receive content you purchased using Data Services. If your Data Services are modified, suspended, canceled, interrupted, discontinued or terminated, Straight Talk will not provide you with a refund for any remaining used or unused Data Services.
7. UNAUTHORIZED USE OF SERVICE
Your Service (i.e., voice, text, or data services) may only be used for the following purposes: (a) person to person voice calls, (b) text and picture messaging, and (c) web browsing, email, ordinary content downloads and uploads, and video and audio streaming without excessively contributing to network congestion.
Your Service may not be used in connection with certain unauthorized uses that may adversely impact other customers using our Service or the Carrier’s network. Examples of some unauthorized uses include, but are not limited to, the following:
(i) continuous uninterrupted voice calls or otherwise using your voice service to provide monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls;
(ii) automated text or picture messaging to another mobile device or e-mail address;
(iii) uninterrupted and continuous web browsing, uploading, downloading, or streaming of audio or 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;
(v) as a substitute or backup for private lines or dedicated data connections;
(vi) any applications that allow your phone to act as an internet access point or Wi-Fi for other devices and computers unless such use is allowed under your Plan.
A customer engaged in any unauthorized use may have their Service suspended and/or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. We further reserve the right to limit, deny, or terminate Service to anyone we believe is using their Service in an unauthorized manner or whose usage, in our sole discretion, adversely impacts a Carrier’s network or customer service levels. We will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in our sole discretion, you are using more than 60 GB of data in a 30-day period, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your voice minute total exceeds 43,200 minutes during a 30-day period, or if your talk, text or data usage is harmful or disruptive to the Carrier’s network or to our customer service levels. If we determine, in our sole discretion, that you are using your Service in violation of these Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may interrupt, suspend, cancel, or terminate your Service.
8. COVERAGE MAPS
You will find Coverage Maps on our website. 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
Depending on the Carrier network, it is possible that under certain circumstances your phone may roam if you are outside of your network coverage area and within the United States. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Although there are no additional charges for using the Service while roaming domestically, Straight Talk does not guarantee your ability to roam nor the availability and/or the quality of Service. Domestic roaming may be discontinued or changed at any time without notice. Due to Carrier restrictions, Straight Talk reserves the right to terminate the Service of any customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12 month period. International roaming is not offered by Straight Talk and is strictly prohibited.
10. WI-FI CALLING
Wi-Fi Calling may be available only on phones that are Wi-Fi Calling capable and that have a Wi-Fi Calling enabled SIM card (depending on the Carrier). Wi-Fi Calling provides you the ability to make and receive phone calls and text messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in buildings and other locations. If you use a Wi-Fi network for making or receiving calls and text messages or for any other reason, you acknowledge and agree that your use of such Wi-Fi network is permissible and that you are solely responsible for such use. Using your Wi-Fi Calling feature may provide you with access to an unsecured Wi-Fi network which could impact your data security. You can disable Wi-Fi Calling by toggling it off in your device settings menu.
Although we recommend that you use your wireless service as your primary method of contacting 911, you may be able to use Wi-Fi Calling for dialing 911 if your phone is equipped with this feature and you have access to the internet through your phone’s W-Fi connection. To dial 911 using Wi-Fi Calling, you must provide us with an address for your primary use of Wi-Fi (“Primary Address”) at the time of activation. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address online at e911-reg.tracfone.com or by contacting Customer Care at 1-877-430-2355. It may take 24 hours or more to update your address information. If you do not give us your Primary Address, we will block your ability to use Wi-Fi calling. When you use Wi-Fi Calling to dial 911 and you are away from your Primary Address, we will have no information about your location. As such, always be prepared to report your precise location to emergency responders.
Please be aware that dialing 911 via Wi-Fi Calling requires access to the internet and operates differently than traditional 911 calling services. For example, 911 service via Wi-Fi Calling may be limited or not available due to various circumstances, including, relocation of equipment, loss or disruption of power, internet or wireless service, internet congestion or a connection failure, delays in availability of registered location information, and/or other technical problems.
TTY Limitations for 911 Calls: Due to technical limitations, Wi-Fi Calling cannot be used with TTY devices and will not support 911 calls over TTY devices. Persons with communications disabilities can still reach 911 services by either (1) calling 911 directly using a TTY over the cellular network or from a landline telephone, (2) sending a text message to 911 directly (in areas where text-to-911 is available) from a wireless device, (3) using relay services to place a TTY or captioned telephone service (CTS) call from a wireless phone over the cellular network or from a landline telephone, or (4) using relay services to place a IP Relay or IP CTS call over a cellular data or other IP network.
11. EMERGENCY CALLS
If you are in an area where your Service 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 Service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.
12. DISCLAIMER OF WARRANTIES
STRAIGHT TALK PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE THAT TRACFONE WIRELESS, INC. D/B/A STRAIGHT TALK WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. EXCEPT AS SET FORTH IN SECTION VI (LIMITED WARRANTY), STRAIGHT TALK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE IN RELATION TO ANY PRODUCT OR SERVICE.
You acknowledge and agree that use of any Product or Service is at your sole risk and that your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of Straight Talk’s control. Not all Products or Services (including Plans) are available for purchase or use in all sales channels, in all areas, or with all devices. Service is subject to transmission limitations caused by certain equipment and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted, suspended, 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 the availability of the Service or of any other services at any specific time or in any specific geographic location or that Services will be provided without interruption. Neither Straight Talk, nor any Carrier, shall have any liability for Service failures, outages, interruptions, delays, or limitations of Service. All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. At any time, Straight Talk reserves the right to substitute and/or replace any Product or Service with another Product or Service of comparable quality.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL TRACFONE WIRELESS, INC. D/B/A STRAIGHT TALK OR ITS EMPLOYEES, VENDORS, SUPPLIERS, OR LICENSORS WILL BE LIABLE TO YOU OR OTHER USERS OF YOUR SERVICE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR ENHANCED DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY DAMAGES CLAIMED FOR LOSS OF PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION) HOWEVER CAUSED, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (REGARDLESS OF WHETHER NOTICE THAT SUCH LOSS MAY OCCUR WAS PROVIDED). 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,VENDORS, SUPPLIERS, AND LICENSORS LIABILITY SHALL BE LIMITED TO U.S. $50.
You agree that neither we nor our employees, vendors, suppliers, or licensors are responsible for any damages you may suffer or incur resulting from: (a) any Product or Service provided to you by or manufactured by a third party; (b) any act or omission by another party; (c) providing or failing to provide a Service, including, but not limited to, deficiencies or problems with a Phone or Service coverage (for example, dropped, blocked, interrupted Service, etc.); (d) accidents or any health-related claims arising from or related to our Products or Service; (e) content or information accessed on your Phone while using our Products or Service; (f) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise; (g) interrupted, failed, or inaccurate location information services, (h) content or information that is blocked by a spam filter, (i) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or (j) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each.
14. UNAUTHORIZED USE OF PRODUCTS
Straight Talk Products and Service are sold exclusively for use by you, the end consumer. The unauthorized unlocking or resale of your Straight Talk phone constitutes a violation of your agreement with Straight Talk and will invalidate the Limited Warranty associated with your phone. You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your Straight Talk phone in a manner which conflicts with Straight Talk’s Unlocking Policy referenced in Section VII below. You also agree not to use unauthorized PINs associated with Straight Talk Plans or engage in any other unauthorized or illegal use of your Straight Talk Product or the Service, or assist others in such acts, or to sell and/or export Straight Talk Products outside of the United States. Any attempt to unlock your Straight Talk phone in an unauthorized manner or to root, re-flash, jailbreak, tamper with or alter the build state of your Straight Talk phone may result in the inability to unlock your device, maintain your device’s unlocked state, or otherwise cause your device to malfunction. Such use along with any other unauthorized use of your Straight Talk Product may result in the immediate suspension or termination of your Straight Talk Service without notice and legal action. Straight Talk will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law. You agree that any violation of this provision through your improper, illegal, or unauthorized use or sale of your Straight Talk phone shall entitle Straight Talk to recover liquidated damages from you in the amount of not less than $5,000 per Straight Talk phone purchased, sold, acquired or used in violation of this provision. For more information about the unauthorized use of Straight Talk phones refer to www.stopcellphonetrafficking.com .
If your Straight Talk phone has a SIM card or if you have purchased an SIM Kit, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, directly or indirectly, alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of your SIM card or to allow any other person to do so. Any violation of the restrictions on the use of your SIM card that are contained in this Section may result in the immediate termination of your Service without notice. Straight Talk and its Carriers or other service providers, may, from time to time, remotely update or change the encoded information on your SIM card.
In the event of termination for any other unauthorized usage, you will forfeit unused Service and you will not be entitled to receive a refund for your Straight Talk phone or for any unused Service.
15. INDEMNIFICATION
You agree to indemnify and hold harmless TracFone Wireless, Inc., d/b/a Straight Talk and its parent, subsidiaries, affiliates, vendors, suppliers, and licensors and their former, current and future officers, directors, employees, insurers, contractors, successors and assigns from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party including the costs, expenses, and attorneys’ fees on account thereof arising from or related to your use of a Straight Talk Product or Service, whether based in contract or tort (including strict liability) and regardless of the form of action.
16. DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care at 1-877-430-2355. Before taking any formal action, you agree to first contact us and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within 30 days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this provision. Please forward your dispute to TracFone Wireless, Inc., Attn: Legal Department-Consumer Claims, 9700 NW 112 Avenue, Miami, FL 33178.
BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT 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 THIS AGREEMENT. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND TRACFONE FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.
This provision is intended to encompass all disputes or claims arising out of your relationship with Tracfone, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to you and Tracfone include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns.
All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to Tracfone by contacting our Legal Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879, or by contacting Tracfone’s Legal Department as set out above. You and Tracfone agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, you can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.
You and Tracfone agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and Tracfone agree that the arbitrator may not consolidate proceedings or 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.
Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), Tracfone will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between you and Tracfone in accordance with AAA Rules. Additionally, Tracfone hereby waives any right to seek its attorney’s fees from you in the event that it prevails in the arbitration, except where your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to you, the customer, where the law would so provide. If you initiate an arbitration in which you seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules.
If Tracfone made you a settlement offer that you rejected prior to entering arbitration and the arbitrator ultimately finds in your favor in any respect with an award that is greater than the last written offer made to you by Tracfone, Tracfone will pay you the amount of the award or a minimum of $5,000, whichever is greater. Additionally, Tracfone will pay your attorney twice the reasonable expense of attorney’s fees as well as reimbursing any expenses that your attorney reasonably incurs for investigating, preparing, and pursuing your claim. If Tracfone opted not to make you a written settlement offer, these same terms apply, meaning that you are guaranteed a minimum award of $5,000 if the arbitrator finds in your favor and that Tracfone will reimburse your reasonable attorney’s fees twofold. The arbitrator will be the arbiter of what constitutes reasonable fees, and you and Tracfone agree that the arbitrator may make any rulings as to the payment and reimbursement of fees and expenses for an additional 14 days after the arbitrator’s ruling on the merits.
Unless you and Tracfone agree otherwise and in an effort to reduce the burden of arbitration on you, the location of any arbitration shall be in the county of your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Miami, Florida, unless you and Tracfone agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which you, the customer, reside to the dispute.
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 and Tracfone waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) your right to serve in a representative capacity in any class or consolidated basis. Neither you nor Tracfone shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.
In the event that any claim proceeds in a court of law rather than through arbitration, you and Tracfone agree that there will not be a jury trial. You and Tracfone unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and Tracfone further agree that in the event of litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury.
YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH TRACFONE AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OUT OF THIS PROVISION BY CALLING US AT 1-877-430-2355 OR BY WRITING TO TRACFONE WIRELESS, INC., ATTN: LEGAL DEPARTMENT-CONSUMER CLAIMS, 9700 NW 112 AVENUE, MIAMI, FL 33178. ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION.
17. CHOICE OF LAW
This Agreement shall be construed under the laws of the law of the State in which you reside without regard to its choice of law rules, except for the arbitration provision contained herein, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Florida.
18. PRIVACY POLICY
To view our Privacy Policy, please refer to our website at straighttalk.com.
19. ENTIRE AGREEMENT
This Agreement, the Privacy Policy, the Limited Warranty, the Return Policy, the Unlocking Policy, and the additional terms and conditions below (to the extent applicable) constitute the entire Agreement between you and TracFone Wireless, Inc. with respect to any Straight Talk Product and/or Service. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
II. INTERNATIONAL LONG DISTANCE SERVICE
1. Straight Talk offers its customers international long distance service (“ILD Service”) as an additional feature. These additional terms and conditions apply to customers who purchase and/or use a Straight Talk Service Plan with unlimited international long distance calling or the Straight Talk $10 Global Calling Card. By purchasing or using Straight Talk ILD Service, you accept the additional terms and conditions set forth below as such terms may be updated from time to time on our website.
2. Straight Talk’s ILD Service allows you to place calls to select destinations internationally depending on whether you have purchased an Unlimited International Calling Plan or the $10 Global International Card. To determine if your destination of choice is available please check our website at straighttalk.com/unlimitedinternational . Please be advised that the destinations which are available may change without notice at any time. Straight Talk ILD Service is not a substitute for regular international calling services. It will not allow you to place calls to all destinations or to all countries. Straight Talk ILD Service excludes calls to certain high cost wireless and landline, non-geographic and premium numbers.
3. Straight Talk Unlimited International Calling Plan. If you have purchased Straight Talk’s Unlimited International Calling Plan, your phone will be allowed to call up to 15 unique destination numbers per 30-day period. The 15 unique destination numbers automatically resets when your next plan cycle begins unless you purchase a new Unlimited International Calling Plan prior to the start of your next plan cycle. If you want to call a destination or telephone number which is not part of Straight Talk’s Unlimited International Calling Plan, you may purchase Straight Talk’s $10 Global Calling Card. Please visit our website to learn more about the specific features of Straight Talk’s Unlimited International Calling Plan. If you have purchased an Unlimited International Calling Plan, your ILD Service will only work if you have Service Days left in your plan cycle. If your plan cycle has ended, you will need to purchase and redeem a new Straight Talk Unlimited International Calling Plan to renew your unlimited ILD Service.
4. Straight Talk $10 Global International Calling Card. Straight Talk also offers a $10 Global Calling Card that must be used with another Straight Talk Service Plan in order for it to work. You may add or refill your ILD Service balance in $10 increments by purchasing a $10 Global Calling Card from Straight Talk directly by calling Customer Care or visiting our website. Your ILD Service will only work when Straight Talk Service is active and when you have a positive balance in your Account. If you have purchased a $10 Global Calling Card, you will not be limited in the number of destination numbers you may call. However, the Straight Talk phone number you provide when purchasing a $10 Global Calling Card will be the only number that is permitted to dial internationally. You will not be able to transfer your ILD Service to another phone number.
5. The applicable rates to specific countries, regions or cities for customers who have purchased a $10 Global Calling Card are available online at straighttalk.com/internationalcalling . All rates are subject to change at any time without prior notice. Calls are billed in one-minute increments. Straight Talk’s $10 Global Calling Card expires 180 days after last use or 30 days after your Straight Talk Service is suspended. 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.
6. Straight Talk ILD Service may be provided by other carriers, many of whom may not have a direct contractual relationship or service level agreements with Straight Talk. ILD 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 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.
7. Straight Talk ILD Service 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 a call originated or received by a Straight Talk customer to initiate conversation between two individuals one of which is talking from a landline or wireless international destination. 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 Service subscriber base, and we reserve the right to suspend, terminate or restrict your services with no prior notice.
8. 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 Straight Talk Service without prior notice. If you believe that we are in error, please contact Customer Care at 1-877-430-2355 and depending on the circumstances, we may reactivate your ILD Service. If, however, your usage, dialing or calling patterns continue to violate these Terms and Conditions, we reserve the right to suspend, terminate or restrict your Straight Talk Service with no prior notice. You will not receive a refund if your service is terminated for violating these terms and conditions.
9. You agree not to use Straight Talk’s ILD Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (a) interferes with our ability to provide the ILD Service to you or to other customers; (b) violates applicable law or this Agreement; (c) avoids your obligation to pay for the Service; or (d) is not for consumer use. You agree not to resell your Straight Talk ILD Service or to use your ILD 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.
10. 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.
11. 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.
12. You are responsible for safeguarding your ILD Service and Account information. Straight Talk is not responsible for and will not issue credit for unauthorized use.
III. STRAIGHT TALK WIRELESS HOME PHONE
1. 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 your Straight Talk Home Phone to a corded or cordless phone within your home in order to use the Service.
2. IMPORTANT 911 EMERGENCY RESPONSE INFORMATION: Your Straight Talk Home Phone is designed to operate indoors only. The GPS chip in the Home Phone will work best if you place it 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. 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.
3. Please note if the landline or cordless phone to which you connect your Straight Talk Home Phone 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. Straight Talk shall not be liable for any service outages and/or your inability to access 911 emergency service personnel for any reason.
4. You are responsible for assessing whether the coverage available where you place your Straight Talk Home Phone indoors is acceptable to you in connection with your use of Straight Talk Wireless Home Phone service. Your Straight Talk Home Phone requires at least moderate coverage throughout the indoor premises where you are using the phone in order to successfully use the Service. Regardless of the coverage available, your Straight Talk Home Phone is not equivalent to traditional landline phone service.
5. Your Straight Talk Home Phone is not designed to operate independently. It must be connected to landline or cordless telephone in order to operate. Do not connect any USB-based device into the USB port of your Straight Talk Home Phone under any circumstances. Doing so may damage your equipment and cancel the warranty. The USB port is designed for diagnostic purposes only and is not intended for customer use.
6. You must purchase a monthly Home Phone Service Plan in order to activate your Straight Talk Home Phone service. Before you can use your Service, you must register and activate the equipment. You may activate your Straight Talk Home Phone by visiting the Straight Talk Home Phone website or by calling our Customer Care Center at 1-800-299-7784 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.
7. STRAIGHT TALK SERVICE PLANS: Straight Talk Wireless Home Phone offers monthly Service Plans which may include unlimited nationwide calling, unlimited international calling to certain select destinations, and a fixed amount of data depending on the Service Plan you purchase. For more information regarding Service Plans and their offerings, including a list of available international destinations, please visit our website. Straight Talk Home Phone customers who have purchased a Service Plan without unlimited international calling may purchase a $10 ILD Card to make international calls using their Home Phone. To determine if your destination of choice is available please check our website and read the terms above for more information on Straight Talk’s $10 Global ILD Card. 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.
8. 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.
9. 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.
10. 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 in Straight Talk Auto-Refill by registering your credit or accepted debit card (with Visa or MC logo) online at 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 in Reserve, those cards will be applied first before an Auto-Refill purchase is processed. Once you have used all Service Plans in your Reserve, the Auto-Refill purchases will resume.
(2) Straight Talk Service Plans: Straight Talk Service Plans are available at Walmart stores and online. Service begins on the day you add the Services or, if the Service Plan is placed in your Reserve, on your Service End Date. Service Plans do not expire except as specifically permitted by law.
(3) Straight Talk Reserve: With Straight Talk Reserve, you may purchase and add Straight Talk Service Plans to your Straight Talk Reserve to be automatically applied on your Service End Date. You may access the Service Plans in your Straight Talk Reserve at any time through “My Account.” All Service Plans you redeem are automatically applied at your Service End Date. If you are an Auto-Refill customer and have decided to add a Service Plan to your Straight Talk Reserve, the Service Plan in Reserve will take precedence over the Auto Refill and it will be applied before an Auto Refill purchase is processed.
11. You are responsible for all activities undertaken with your Straight Talk Home Phone. You shall not use, nor permit others to use your Straight Talk Home Phone in a manner or for a purpose contrary to this Agreement.
IV. STRAIGHT TALK MOBILE HOTSPOT AND STRAIGHT TALK BRING YOUR OWN TABLET
1. REGISTERING AND ACTIVATING YOUR HOTSPOT OR TABLET DEVICE
You may activate your Straight Talk Hotspot (“Hotspot”) or Straight Talk Bring Your Own Tablet SIM Card or SIM Kit (“BYOT”) by visiting the Straight Talk website or by calling our Customer Care Center at 1-877-430-2355. You will need to provide an email address in order to activate your Straight Talk Hotspot or BYOT service and you will be prompted for an email address upon registration at Straight Talk’s website. 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 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 Straight Talk Hotspot or BYOT service 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 Hotspot can only be used through Straight Talk, and cannot be activated with any other wireless service. Your Hotspot or BYOT service will only operate with a Straight Talk Data Service Plan. Plans are subject to change without notice. Services are provided at Straight Talk’s discretion.
Some functions and features referenced in the manufacturer’s manual provided with your Straight Talk Hotspot or your tablet may not be available with the Straight Talk service. Not all tablets are compatible with Straight Talk Data Service Plans. Compatible tablets include most GSM or CDMA tablets. Tablets with Wi-Fi functionality only cannot be activated with a Straight Talk Data Service Plan. 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 Hotspot or BYOT device for any reason.
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. If you notify us that your Hotspot or BYOT device is lost or stolen, your account will be deactivated and any unused Service balance will be lost and will not be transferred.
2. DATA SERVICE PLANS
For the most recent information on Straight Talk Data Service Plans please visit our website. Plans are subject to change. Data Service Plans are for use with Hotspots and BYOT devices only. All other Service Plans associated with other Straight Talk products will not work with your Straight Talk Hotspot or BYOT device. Plans include data and service days only. Voice, text and messaging services are not provided or included.
Plan rates, features, functionality and other product specifications are subject to change without notice or obligation. All data amounts as quoted are approximate. Plans are available at Walmart stores and online. You may be charged applicable taxes and fees at the time of purchase in certain areas. Each Plan comes with a specified amount of data and Service days as disclosed at the time of purchase. Service begins on the day you add the Services to your Hotspot or BYOT device 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.
Straight Talk Reserve : With Straight Talk Reserve, you may purchase and add Straight Talk Data Service Plans to your Straight Talk Reserve to be automatically applied on your Service End Date. You may access the Service Plans in your Straight Talk Reserve at any time through “My Account.” All Service Plans you redeem are automatically applied at your Service End Date. If you are an Auto-Refill customer and have decided to add a Service Plan to your Straight Talk Reserve, the Plan in Reserve will take precedence over the Auto Refill and it will be applied before an Auto Refill purchase is processed.
3. HOTSPOT RESTRICTIONS AND LIMITATIONS
While up to five (5) devices may be connected to your Hotspot at one time, a single connected device will experience optimal speeds. Performance will be reduced if multiple devices access data through the 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.
Your Straight Talk Hotspot and BYOT device or service has security limitations. Straight Talk is not responsible for any breach or loss of security from your Straight Talk Hotspot or connected device. Your BYOT 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 Straight Talk Hotspot or device connected to your Straight Talk Hotspot or your BYOT device may not be available.
4. 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.
V. RETURN POLICY
To see the return policy (“Return Policy”) applicable for your phone, please refer to the section below based on how you made your purchase. Straight Talk does not allow returns or provide refunds for any SIM Kits or Plans you may have purchased.
Store Purchases . If you purchased a Straight Talk phone from a retailer or wireless dealer (and not from Straight Talk directly either by phone or online), your Phone purchase is subject to that retailer’s return policy. To determine whether your purchase is eligible for return, please contact the store where you originally made your purchase. Tracfone will not process the return of any Straight Talk phone sold to you by a retailer or wireless dealer.
Online Purchases from Straight Talk . If you purchased your Straight Talk phone from straighttalk.com, you have thirty (30) days from the date your phone was delivered to you to return it to us for either an exchange or a refund. To process a return, you must follow the return instructions that came with your Phone and pay for the shipping cost to send it back to us.
To be eligible for a return you must meet the following requirements:
· The phone you are returning must have been purchased from Straight Talk’s official website and the IMEI number must be verified.
· You must return the phone in like new, working condition, returned in the original manufacturer’s packaging with all included accessories, including, device, battery, charger, and manual. The phone must not have any liquid or physical damage.
· You must pay for the cost to ship the phone back to us and include a copy of your receipt.
If anything is missing or device is not in like-new condition, your shipment may not be accepted. If a device has physical or liquid damage it cannot be returned and a credit will not be issued. Straight Talk will return ineligible devices to you at the same address shown on the shipping label. No restocking, handling, or shipping fees will be charged to you for this device return.
If your return meets the above requirements and you have requested an exchange for a device that costs more, you will have to pay the difference in price between the phone you are returning and the new phone you are seeking to purchase. If your return meets the above requirements and you have requested a refund, please be advised that it takes up to thirty (30) business days to process the return and credit your account. Credit for returned phones will appear on your credit card statement between 1-2 billing cycles. Your credit for a returned phone will not include any shipping or delivery costs you were charged or incurred for purchasing or returning the phone.
VI. STRAIGHT TALK LIMITED WARRANTY
All new Straight Talk phones (except iPhones) are covered by a one (1) year limited warranty administered by Straight Talk as set forth below.
All reconditioned or refurbished phones sold by Straight Talk (except iPhones) have a ninety (90) day limited warranty as do all wireless accessories sold by Straight Talk.
New Apple iPhones are covered by a one-year limited warranty offered and administered by Apple. Please visit apple.com for more information.
To the extent available for purchase, refurbished iPhones and certified pre-owned phones are not covered by a limited warranty but may be returned for a refund within 30 days of purchase.
A phone that you own which was not purchased from Straight Talk but that is registered with Straight Talk under the Bring Your Own Phone program is not covered by this limited warranty.
How To Obtain Warranty Service . To obtain warranty service for your Straight Talk phone, please contact Customer Care at 1-877-430-2355. If your problem cannot be resolved over the phone, our technicians will provide you with a Return Authorization Number, which you will use to send your phone and/or accessories (“Product”) to the designated Service Center for repair or replacement, at our option.
Terms of Limited Warranty :
1. The limited warranty for any applicable Product begins on the date of your purchase and is only applicable for defects in material and workmanship that result in Product failure during normal usage..
2. The limited warranty extends only to the original purchaser (“Purchaser”) of the Product and is not assignable or transferable to any subsequent purchaser. The limited warranty extends only to Purchasers who purchase the Product in its original packaging from an authorized dealer or retailer. Upon request from Straight Talk, the Purchaser must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.
3. During the limited warranty period, Straight Talk will replace or repair, at Straight Talk’s sole option, any defective Products or parts (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. Straight Talk may, in its sole discretion, replace the Product with a different but comparable Product if the same exact Product is not available. The replacement Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. All used components shall comply with Product performance and reliability specifications.
4. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. Straight Talk’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Purchaser returns the Product to Straight Talk for repair, determined by the price paid by the Purchaser 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 Purchaser’s exclusive remedies for breach of warranty.
5. The Purchaser shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
(a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of 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 of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period.
(d) The Product serial number plate or the enhancement data code has been removed, defaced or altered.
(e) The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product.
(f) The Product is outside of the limited warranty period.
6. Straight Talk shall not be liable for delay in rendering service under the limited warranty, loss of use of the service during the period that the product is returned for replacement or warranty service or for the loss or unauthorized use of customer passwords, personal information, contacts, pictures, videos, applications, music, ringtones and other content.
7. 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 the Purchaser, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.
9. This limited warranty allocates the risk of failure of the Product between the Purchaser and Straight Talk. The allocation is recognized by the Purchaser and is reflected in the purchase price. Some states do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Purchaser). This limited warranty gives the Purchaser specific legal rights and the Purchaser may also have other rights which vary from state to state.
VII. STRAIGHT TALK UNLOCKING POLICY
For Customers with Straight Talk Phones Capable of Being Unlocked : Straight Talk will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:
(a) Customers must request phone unlocking. Straight Talk will unlock phones of current and former Straight Talk customers without charge. Non-former customers may request unlocking, but Straight Talk may charge a reasonable fee.
(b) The Straight Talk phone must have been activated on Straight Talk Service for no fewer than 12 months with Service Plans redeemed in no fewer than 12 months.
(c) Customers must possess a Straight Talk phone that is not reported stolen, lost, or associated with fraudulent activity.
(d) If a customer in good standing requesting phone unlocking is deployed as military personnel, upon provision of deployment papers, Straight Talk will honor that customer’s unlocking request.
For Customers with Straight Talk Phones Not Capable of Being Unlocked : Straight Talk will provide customers with a partial refund or credit against the purchase of a new Straight Talk phone if they meet the following conditions:
(a) Customers must request phone unlocking.
(b) Customers must have had their locked phone activated on Straight Talk Service for no fewer than 12 months, redeemed air time cards in no fewer than 12 months, and not have had their telephone number recycled or ported.
(c) Customers must request this interim unlocking solution while their Straight Talk Service is active or within 60 days after their Service expires. This 60-day grace period applies even if the customer’s telephone number was recycled or ported.
(d) Customers must currently own a Straight Talk phone model launched on Straight Talk’s Service after February 11, 2014 or activated with Straight Talk’s Service after February 11, 2015.
(e) Customers must possess a Straight Talk phone that is in working condition.
(f) Customers must possess a Straight Talk phone that is not reported stolen, lost, or associated with fraudulent activity.
(g) If a customer in good standing requesting handset unlocking is deployed as military personnel, upon provision of deployment papers, Straight Talk will honor that customer’s unlocking request by sending a refund for the trade-in value of the used, locked phone returned by the customer without regard to the 12 months of service activation and Service Plan redemption eligibility requirements.
(h) Customers are eligible for this program only once every twelve (12) months.
After an eligible customer contacts Straight Talk to request the trade-in value of his or her phone, Straight Talk will provide a prepaid mailer for the customer to return the used, locked phone. Upon receipt of the phone, Straight Talk will send the customer a check for the trade-in value of the phone. The trade-in value is determined by a formula reached through agreement with the FCC. Eligible customers may elect to have the trade-in value of their phone applied to the cost of a new Straight Talk phone that is capable of being unlocked.
Customers who would like to check if they are eligible or submit an unlocking request can do so through an online portal at the Straight Talk website or by calling 1-888-442-5102.
VIII. STRAIGHT TALK LIFELINE
By enrolling in Straight Talk Lifeline Benefit ("Straight Talk Lifeline Benefit ") and by using the TracFone Wireless service (the "TracFone Wireless Service"), you ("You"), the participant, acknowledge and agree to the following Terms and Conditions of Service. TracFone Wireless reserves the right to change or modify any of these Terms and Conditions of Service at any time and at 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. Because these Terms and Conditions of Service are subject to change at any time you should always check our website for the most current version.
For assistance or more information regarding Enrollment and/or Plan Changes, please contact Customer Care at 1-800-973-9716, from 8 AM to 11:45 PM (EST) 7 days a week.
If you are experiencing a problem with your Straight Talk Lifeline Benefit phone, please contact Technical Support at 1-877-440-9758, from 8 AM to 11:45 PM (EST) 7 days a week.
1. PROGRAM DESCRIPTION
Straight Talk Lifeline Benefit is funded by the Universal Service Fund LifeLine program and administered by the Universal Service Administrative Company. In order to qualify for enrollment in the Program, a person must meet certain eligibility requirements where Straight Talk Lifeline Benefit is offered. These requirements are based on a person’s participation in a state or federal support program(s) or by meeting certain income requirements based upon the Income Poverty Guidelines as defined by the US Government. Federal law limits the availability of the LifeLine Benefits. Federal law permits only one LifeLine benefit per household (which is defined as any individual or group of individuals who live together at the same address and share income and expenses). Applicants for Straight Talk Lifeline Benefit must complete an application form, provide supporting documentation that they meet the eligibility requirements and certify, under penalty of perjury, that they:
· Are eligible for and currently receive benefits from the public assistance program(s) identified in the application form, or that they have income at or below the designated eligibility level.
· Understand they may be required to recertify their continued eligibility at any time, and that failure to recertify will result in the loss of their benefits.
· Do not currently receive LifeLine support for a telephone line serving their household and no other resident in their household participates in the LifeLine program.
· Will notify TracFone Wireless by calling 1-800-973-9716 within 30 days if they no longer qualify for any of the public assistance programs identified in their application form, no longer meet the criteria for income eligibility, if another member of their household receives LifeLine benefits, or if they no longer qualify for LifeLine for any other reason.
· Will notify TracFone Wireless of any change of address within 30 days by calling 1-800-973-9716.
· Reviewed the information contained in their application and it is true and correct to the best of their knowledge and belief, and that they understand that providing false or fraudulent information to obtain LifeLine benefits is punishable by law.
You may be required to provide copies of documents proving your eligibility to participate in LifeLine. You should not send original documents to TracFone Wireless. Documents sent to TracFone Wireless will not be returned. TracFone Wireless is not responsible for any losses resulting from the destruction of documents sent to TracFone Wireless.
Applicants who qualify and are enrolled in Straight Talk Lifeline Benefit will receive a subsidy to reduce the cost of their monthly phone service. TracFone Wireless will determine at its sole discretion whether or not an applicant meets the eligibility requirements to participate in Straight Talk Lifeline Benefit. Please call TracFone Wireless at 1-800-973-9716 or visit our website at straighttalk.com for further information.
Applicants who do not meet the eligibility requirements will receive written notification, via US Mail, of the reason for their non-eligibility. Upon enrollment in Straight Talk Lifeline Benefit, You will be qualified to participate for up to one (1) year. To continue your enrollment in Straight Talk Lifeline Benefit after the initial year, You must re-certify annually that you are qualified for continued enrollment in Straight Talk Lifeline Benefit as required by your state Public Service Commission, Public Utility Commission or other agency administering Straight Talk Lifeline Benefit in Your state. TracFone Wireless will also conduct re-certification drives for each state according to its rules.
If TracFone Wireless determines during its re-certification drive, or at any other time, that a customer fails to continue to qualify for Straight Talk Lifeline Benefit, such customer will immediately be deemed ineligible to participate in Straight Talk Lifeline Benefit, will be de-enrolled from Straight Talk Lifeline Benefit and will no longer receive the monthly reduction in service costs. TracFone Customers who are no longer eligible (for any reason) for enrollment in Straight Talk Lifeline Benefit must, within 30 days, notify TracFone Wireless that they no longer meet the eligibility requirements for enrollment. A TracFone customer’s enrollment may also be cancelled upon the request of a state and/or federal authority.
TracFone Wireless reserves the right to cancel the enrollment of any customer and/or permanently deactivate any customer’s phone for fraud, misrepresentation or other misconduct as determined solely by TracFone Wireless. While participating in Straight Talk Lifeline Benefit, a customer shall not be permitted to sell, rent, give away or in any way allow another person to use the cellular phone or TracFone Service provided to him/her by TracFone Wireless. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO SELL OR GIVE AWAY THE LIFELINE SUPPORTED PHONE OR SERVICE PROVIDED TO YOU.
Any violation of this prohibition will be reported to the appropriate legal authorities for prosecution. In addition, if TracFone determines, in its sole discretion, that a TracFone Wireless customer has violated these prohibitions, TracFone Wireless will the permanently de-enroll the customer from Straight Talk Lifeline Benefit , their phone will be permanently deactivated and the customer’s personal information will be permanently tagged so that the customer may not re-enroll in Straight Talk Lifeline Benefit in the future. If you have any questions, concerns, comments or complaints regarding Straight Talk Lifeline Benefit or Service, offerings or products, please call TracFone Wireless Customer Care at 1-800-973-9716 . You may also contact your state’s Public Service Commission/Public Utility Commission.
2. AIRTIME RATES, USAGE, AND INCLUDED MONTHLY MINUTES
While you are enrolled in Straight Talk Lifeline Benefit, you will receive: 350 free nationwide airtime minutes and 3GB of data each month and unlimited text messaging.
Unused minutes will not automatically carry over to the next month.
Customers in the State of Washington who have a problem with their TracFone Wireless service and are unable to resolve it by contacting Customer Care, may contact the Washington State Attorney General, Consumer Protection Division, by calling 1-800-551-4636.
3. ANNUAL VERIFICATION
As a TracFone Wireless customer, You are required to annually verify your continued program eligibility in Straight Talk Lifeline Benefit every 12 months. If you fail to complete your annual verification by your service anniversary date, you will be de-enrolled from Straight Talk Lifeline Benefit. Upon de-enrollment from Straight Talk Lifeline Benefit, you will cease receiving your discount. If you are de-enrolled, your phone will remain active and you may continue to use your phone so long as you have available airtime minutes and service days remaining on your phone. You may purchase airtime and service days to keep your phone service active.
4. OUR RIGHT TO TERMINATE YOUR TRACFONE WIRELESS SERVICE
You agree not to give away, resell or offer to resell the TracFone Phone or Service provided by Straight Talk Lifeline Benefit. You also agree your TracFone Phone will not be used for any other purpose that is not allowed by this agreement or that is illegal. WE CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR END YOUR SERVICE AND DE-ENROLL YOU FROM THE TRACFONE PROGRAM FOR VIOLATING THIS PROVISION OR FOR ANY OTHER GOOD CAUSE, including, but not limited to, if You:
a. violate any of the terms and conditions of service;
b. lie to us or attempt to defraud us;
c. allow anyone to tamper with your TracFone Wireless Phone;
d. threaten or commit violence against any of our employees or customer service representatives;
e. use vulgar and/or inappropriate language when interacting with our representatives;
f. steal from us;
g. harass our representatives;
h. interfere with our operations;
i. engage in abusive messaging, emailing or calling;
j. modify your device from its manufacturer’s specification; or
k. use the service in a way that adversely affects our network or the service available to our other customers.
We reserve the right to, without notice, limit, suspend or end your service for any other operational or governmental reason. In addition to permanently terminating your Service, criminal offences (i.e., selling or giving away your Service; threatening violence, etc.) will be reported to the appropriate legal authorities for prosecution.
5. LIMITATION OF LIABILITY
TracFone Wireless are not liable to you for any 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. TracFone Wireless will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any service or equipment provided by or manufactured by third parties. When your TracFone Wireless phone is returned to TracFone Wireless for any reason, TracFone Wireless is not responsible and shall not be liable to you or anyone else for any personal information such as user names, passwords, contacts, pictures, SMS, MMS and/or additional downloads you may have stored on your phone or which may remain on your phone.
6. INDEMNIFICATION
You agree to indemnify and hold harmless TracFone Wireless from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses, and attorneys’ fees on account thereof) resulting from your use of a TracFone Wireless phone and/or use of the TracFone Wireless Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
7. DISPUTE RESOLUTION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care department at 1-800-973-9716. As such, You agree that You will first contact with any dispute and provide a description of the nature of the dispute, all relevant documents, other information concerning the dispute, and Your proposed resolution before taking any formal action. If we are unable to reach a resolution of Your dispute within 30 days of Your notice to us, You agree that You will submit the dispute to binding arbitration as set forth in this provision or small claims court rather than ling a lawsuit. You may forward Your dispute to: TracFone Wireless, Inc., Attn: Executive Resolution Department, 9700 NW 112 Avenue, Miami, FL 33178.
MASSACHUSETTS CUSTOMERS: Complaints regarding LifeLine service may also be directed to the Massachusetts Department of Telecommunications and Cable at (800) 392-6066 or (617) 305-3531.
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) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF TRACFONE’S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND TRACFONE FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.
This provision is intended to encompass all disputes or claims arising out of Your relationship with TracFone, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory). References to You and TracFone include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns.
All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to TracFone by contacting our Executive Resolution Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. If your dispute proceeds to arbitration, the arbitration of any dispute shall be conducted in accordance with the American Arbitration Association ("AAA") under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879, or by contacting TracFone’s Executive Resolution Department as set out above. You and TracFone agree that use of the Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, You can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.
You and TracFone agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and TracFone agree that the arbitrator may not consolidate proceedings or 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.
Absent a finding that Your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), TracFone will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that Your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between You and TracFone in accordance with AAA Rules. Additionally, TracFone hereby waives any right to seek its attorney’s fees from You in the event that it prevails in the arbitration, except where Your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to You, the customer, where the law would so provide. If You initiate an arbitration in which You seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules.
If TracFone made You a settlement offer that You rejected prior to entering arbitration and the arbitrator ultimately finds in Your favour in any respect with an award that is greater than the last written offer made to You by TracFone, TracFone will pay You the amount of the award or a minimum of $5,000, whichever is greater. Additionally, TracFone will pay Your attorney twice the reasonable expense of attorney’s fees as well as reimbursing any expenses that Your attorney reasonably incurs for investigating, preparing, and pursuing Your claim. If TracFone opted not to make You a written settlement offer, these same terms apply, meaning that You are guaranteed a minimum award of $5,000 if the arbitrator finds in Your favour and that TracFone will reimburse Your reasonable attorney’s fees twofold. The arbitrator will be the arbiter of what constitutes reasonable fees, and You and TracFone agree that the arbitrator may make any rulings as to the payment and reimbursement of fees and expenses for an additional 14 days after the arbitrator’s ruling on the merits.
Unless You and Tracfone agree otherwise and in an effort to reduce the burden of arbitration on You, the location of any arbitration shall be in the county of Your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Miami, Florida, unless You and TracFone agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which You, the customer, reside to the dispute.
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 and TracFone waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) Your right to serve in a representative capacity in any class or consolidated basis. Neither You nor TracFone shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgement on the award rendered may be entered by any court of competent jurisdiction.
In the event that any claim proceeds in a court of law rather than through arbitration, You and TracFone agree that there will not be a jury trial. You and TracFone unconditionally waive any right to a trial by jury in any action, proceeding, or counter-claim arising out of or relating to this Agreement in any way. You and TracFone further agree that in the event of litigation, this section of the Agreement may be led as an exhibit illustrating a knowing and written consent of any right to a trial by jury.
YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH TRACFONE AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OF THIS PROVISION BY CALLING US AT 1-800-973-9716 OR BY WRITING TO TRACFONE WIRELESS, INC., ATTN: EXECUTIVE DISPUTE RESOLUTION, 9700 NW 112 AVENUE, MIAMI, FL 33178. ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION.
8. CHOICE OF LAW
This Agreement shall be construed under the laws of the law of the State in which you reside without regard to its choice of law rules, except for the arbitration provision contained herein, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Florida.
9. PRIVACY POLICY
To view the TracFone Wireless Privacy Policy please refer to the TracFone Wireless website found at TracFone.com.
Straight Talk may refuse any unlocking request that would result in an abuse of its Unlocking Policy or is part of an effort to defraud Straight Talk or its customers. Straight Talk’s Unlocking Policy is subject to change at any time without advance notice.
© 2020 TracFone Wireless, Inc.
Version 202008