contemporaneous agreements or understandings, oral or written, relating to the Product, and no
representation, promise or condition not contained herein shall modify these terms.
14. DISCLAIMER OF WARRANTIES: EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN THESE
TERMS AND CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, TRACFONE SERVICES
AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT
WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE.
15. LIMITATION OF LIABILITY: TracFone will not be liable to you for any 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 Services. TracFone 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.
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.
11/2013
®
®
Updated 11/14/2013
