BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES,
LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST
OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD
PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE
PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH
OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY,
EVEN IF TRACFONE KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. TRACFONE SHALL NOT BE
LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, LOSS OF USE
DURING THE PERIOD THAT THE PRODUCT IS RETURNED FOR REPLACEMENT OR WARRANTY
SERVICE OR FOR THE LOSS OR UNAUTHORIZED USE OF CUSTOMER PASSWORDS, PERSONAL
INFORMATION, CONTACTS, PICTURES, VIDEOS, APPLICATIONS, MUSIC, RINGTONES OR OTHER
CONTENT.
10. Some states do not allow the exclusion or limitation of incidental and consequential damages, so
certain of the above limitations or exclusions may not apply to you (the Consumer). This limited
warranty gives the Consumer specific legal rights and the Consumer may also have other rights
which vary from state to state.
11. TracFone neither assumes nor authorizes any authorized service center or any other person or
entity to assume for it any other obligation or liability beyond that which is expressly provided
for in this limited warranty including the provider or seller of any extended warranty or
service agreement.
12. This is the entire warranty between TracFone and the Consumer, and supersedes all prior and
contemporaneous agreements or understandings, oral or written, relating to the Product, and no
representation, promise or condition not contained herein shall modify these terms.
13. This limited warranty allocates the risk of failure of the Product between the Consumer and TracFone.
The allocation is recognized by the Consumer and is reflected in the purchase price.
18. 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
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.
19. TRACFONE DATA SERVICES
With certain TRACFONE phone models, you can download ring tones, graphics, access information
services such as news, weather and sports (“Information Services”) and utilize multi-media services
(“MMS”) (ringtones, graphics, Information Services and MMS are collectively referred to as “Data
Services”) through TracFone Wireless Mobile Web (“WAP”). Data Services are additional Services
offered by TracFone Wireless, and there is an additional charge or debit of minutes/units for use of
such Services.
Access/Purchase Data Services. In order to purchase, download or access TracFone Wireless Data
Services, your TRACFONE must have active service and sufficient available airtime (minutes). Your
TRACFONE will not let you open the WAP browser without an airtime balance of at least 10 minutes.
Each time you access the TracFone Wireless WAP with your TRACFONE’s browser, 0.5 units per minute
will be deducted from your TRACFONE (“Access Charges”). Access Charges are deducted in full minute
increments. WAP access of less than 60 seconds is rounded up to the next full minute.
Access Charges begin when your TRACFONE makes a data connection. This should occur shortly
after you open your browser, send or receive a multi-media message (e.g., a picture), initiate a content
download or if WAP access is initiated for any other purpose. Access Charges end when the data
connection terminates. This should occur shortly after you close your browser, successfully receive
or send a multi-media message (e.g., a picture), after a successful content download or after any other
closure of a WAP session. The WAP access duration and the related Access Charges are NOT determined
from the exact moment you press a button on your TRACFONE to open or close the browser.
In addition to the Access Charges, there will be an additional one-time charge for any content you
select to download (“Content Charge”). The Content Charges vary depending on the type of content you
purchase and download. You will be advised of the Content Charges prior to finalizing your purchase.
The Data Services you purchase and download may only be used or viewed on the TRACFONE for which
they were purchased and cannot be transferred to any other device, including a new or replacement
TRACFONE. Data Services are non-refundable and non-transferable.
Purchase Options for Data Services: You may purchase Data Services either through your TracFone’s
WAP browser or through the Internet (with a personal computer) at www.tracfone.com/data. When you
purchase Data Services from the Internet at www.tracfone.com/data/, the Content Charge will be shown
in both U.S. Dollars and in minutes/units. You will have the opportunity to select one of two payment
options: (1) using a credit card to pay the purchase price shown, or (2) a direct deduction of minutes
from your TRACFONE. The number of minutes to be charged is based on the last airtime card added to
your TRACFONE. See Purchasing Data Services With Airtime Minutes below.
How to purchase from the Internet (www.tracfone.com): Go to “Airtime” at www.tracfone.com, select
“Apps & More” and enter your TRACFONE’s phone number and serial number (ESN /IMEI). This will
take you to the TracFone Wireless Data Services content catalog where you can browse, sample and
purchase ringtones and/or graphics and/or games. After you find a title, and select “Buy,” you will then
be presented with the two purchase options described above.
How to purchase through your TRACFONE’s WAP browser: Select “BROWSER” on your TRACFONE.
When you use your TRACFONE’s WAP browser to purchase Data Services, only the unit charge purchase
option is available. Credit card payments are not available when purchasing through your TRACFONE.
Note: Ringtones can only be sampled at www.tracfone.com/data using a personal computer.
Purchasing Data Services with Airtime Minutes: The charges for Data Services purchases are
determined by the last airtime card added to your TRACFONE. Your TRACFONE will be assigned the
appropriate dollar-to-minute conversion factor each time an airtime card is added to your TRACFONE.
The charges for Data Services in U.S. Dollars and/or minutes and the dollar-to-minute conversion