resolved by binding arbitration where permitted by law. You must first present any claim or dispute to
TracFone Wireless by contacting Customer Care 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 Wireless 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 Wireless 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 Wireless in accordance with the WIA Rules, except that TracFone Wireless 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 Wireless
and you agree otherwise, the location of any arbitration shall be Miami, Florida. Except where prohibited
by law, TracFone Wireless 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
Wireless 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.
24. 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 and
Conditions, which will be governed by the Federal Arbitration Act. This governing law provision applies
no matter where You reside, or where You use or pay for the Services.
25. PRIVACY POLICY
To view the TracFone Wireless Privacy Policy refer to the TracFone Wireless website found at
www.tracfone.com.
All rights reserved. The spiracle logo, TracFone, TracFone Wireless and TracFone Nationwide
Prepaid Wireless are registered trademarks of TracFone Wireless, Inc. a subsidiary of América Móvil
(NYSE: AMX).
The terms “TracFone. The Cell Phone That Puts You In Control” and “America’s #1 Prepaid Cell Phone”
are registered trademarks of TracFone Wireless, Inc. All other trademarks, service marks, and trade
names referenced are the property of their respective owners.
© 2013 TracFone Wireless, Inc.
hEALTh ANd SAFETY
iNFoRmATioN
08/2013
®
®
Updated 7/31/2013