TERMS AND CONDITIONS OF SERVICE (Cont.)
21. LIMITATIONS OF SERVICE AND USE OF EQUIPMENT.
Service is subject to transmission limitations caused by certain equipment and compatibility issues,
atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited,
interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed
by the Carrier, or because of equipment modifications, upgrades, repairs or relocations or other similar
activities necessary or proper for the operation or improvement of the Carrier's radio telephone system.
At any time, NET10 reserves the right to substitute and/or replace any NET10 equipment (including
phones) with other NET10 equipment including phones of comparable quality. Some functions and
features referenced in the Manufacturer's manual for a particular NET10 phone may not be available
on your NET10. NET10 does not warrant or guarantee availability of network or of any Services at any
specific time or geographic location or that the Services will be provided without interruption. Neither
NET10, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service.
Because of the risk of being struck by lightning, you should not use your NET10 outside during a
lightning storm. You should also unplug the NET10 power cord and charger to avoid electrical shock
and/or fire during a lightning storm.
22. LIMITED WARRANTY.
A new NET10 is covered by the phone manufacturer's one year limited warranty administered by NET10.
A reconditioned NET10 phone also has a one year limited warranty provided by NET10 and all NET10
accessories have a 90-day limited warranty against defects in materials and workmanship under
normal use by the purchaser. You may obtain warranty service directly from NET10.
How to obtain Warranty Service.
To obtain warranty service from NET10 on a new or reconditioned
NET10 phone or NET10 accessories, please contact Technical Support at 1-877-836-2368. If your
problem cannot be remedied over the phone, our NET10 technicians will provide you with a Return
Authorization Number, which you will use to send your NET10 phone or accessories to the designated
NET10 service center for repair or replacement, at NET10’s option.
Exclusions and Conditions.
This limited warranty does not cover damage or failure caused by abuse or
misuse of the NET10 phone or NET10 accessories. NET10 does not provide refunds. YOUR LIMITED
WARRANTY EXCLUDES ALL INCIDENTAL OR CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE PROVIDED
BY LAW.
Disclaimer of Warranties.
EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A
DEVICE YOU PURCHASE FROM US AND THE LIMITED WARRANTY SET FORTH IN THESE TERMS AND
CONDITIONS, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON
AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO
TERMS AND CONDITIONS OF SERVICE (Cont.)
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR
DEVICE. WE CANNOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DO NOT AUTHORIZE
ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS
WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR
COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.
23. INDEMNIFICATION.
You agree to indemnify and hold harmless NET10 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 NET10 and NET10 Services, whether based in contract or
tort (including strict liability) and regardless of the form of action.
24. BINDING ARBITRATION.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE.
IT PROVIDES FOR RESOLUTION OF CERTAIN DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY
ARE THE SUBJECT OF LITIGATION) EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED SALE,
EXPORT, ALTERATION AND/OR TAMPERING WITH YOUR NET10 PHONE, ITS SOFTWARE, THE SERVICE
AND/OR PIN NUMBERS) THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE
PARTIES ARE UNABLE TO RESOLVE ANY DISPUTE. ARBITRATION IS BINDING AND SUBJECT TO ONLY A
VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF NET10’S
AGREEMENT WITH YOU.
This provision is intended to encompass all consumer disputes or claims arising out of your relationship
with NET10, 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 NET10 from bringing claims concerning
the unauthorized sale, export, alteration and/or tampering with your NET10, its software, the Services
and/or PIN numbers, in state or federal court and such claims are expressly excluded from this
arbitration provision.
References to you and NET10 include our respective subsidiaries, affiliates, predecessors in interest,
successors and assigns. All customer or consumer claims will be resolved through binding arbitration
where permitted by law. Before you may pursue your claim in arbitration, you must first present any
claim or dispute to NET10 by contacting Customer Care to allow an opportunity to resolve the dispute
prior to initiating an arbitration proceeding. 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
