16. INDEMNIFICATION: You agree to indemnify and hold harmless TracFone 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 and/or TracFone Services including with a
BYOP device, whether based in contract or tort (including strict liability) and regardless of the form of action.
17. DISPUTE RESOLUTION: You agree that you will first contact us with any dispute and provide a written
description of the nature of the dispute, all relevant documents and other information concerning the dispute and
your proposed resolution before taking any formal action. If we are unable to reach a resolution of your dispute
within 60 days of your notice to us, you agree that instead of filing a lawsuit or small claims action in a court of
law, you will submit the dispute to binding arbitration as set forth in this provision. You may forward your dispute
to: TracFone Wireless, Inc., Attn: Dispute Resolution Department, 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) EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED
SALE, EXPORT, ALTERATION AND/OR TAMPERING OF YOUR TRACFONE, ITS SOFTWARE, THE SERVICE AND/
OR PIN NUMBERS, THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE
UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY
LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF TRACFONE’S
AGREEMENT WITH YOU. 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 theory).
Nothing contained in this arbitration provision shall preclude TracFone from bringing claims concerning the
unauthorized sale, export, alteration, and/or tampering of your TRACFONE, its software, the Service and/or
PIN numbers in state or federal court. 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 indicated 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 “AAA Rules”), as modified by this agreement. The
AAA Rules are available online at www.adr.org or by calling the AAA a 1-800-778-7879. 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. 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 agree that the arbitrator may not consolidate proceedings or more
than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If the preclusion of consolidated, class wide or representative proceedings is found to be unenforceable, then
this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between
you and TracFone in accordance with the WIA Rules, except that TracFone will reimburse you for the amount
of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel,
experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is
deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court,
you waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive
or exemplary damages. Unless TracFone and you agree otherwise, the location of any arbitration shall be in
the state where You reside or in Miami, Florida. Either or both parties may participate in the proceedings by
telephone. TracFone and You agree that no arbitrator has the authority to award punitive damages or any other
damages not measured by the prevailing party’s actual damages. Neither You nor 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 having jurisdiction thereof.
18. GOVERNING LAW: This Agreement shall be construed under the laws of the state in which you, the
customer, reside, without regard to the state’s choice of law rules, except for the arbitration provision contained
in these Terms, which will be governed by the Federal Arbitration Act.
19. PRIVACY POLICY: To view the TracFone Privacy Policy, refer to the TracFone website found at tracfone.com.
All rights reserved. The spiracle logo, TracFone and TracFone Wireless are registered trademarks of
TracFone Wireless, Inc. a subsidiary of América Móvil (NYSE: AMX).
© 2013 TracFone Wireless, Inc.
02/2014
®
®
Updated 11/14/2013
