Understanding Straight Talk Wireless's Contract

For more information on consumer contract basics, check out Nolo.com’s overview

• Who are the parties to the contract?
  • Consumer agreements are generally between the consumer and the company, including any subsidiaries, assignees, or agents of the company
  • In certain instances, the “consumer” label will be extended to third parties
    • For example, if a guest in your house uses your television they can also be bound by your contract with your cable provider
• How do I accept the contract?
  • Consumer agreements are typically accepted by simply using or paying for the service or product
  • The consumer is presumed to have read and understood the agreement once accepted
• What am I accepting in the contract?
  • Each consumer agreement is unique, but they commonly include these sections:
    • Services → outlines the company’s obligations towards the consumer
    • Charges → outlines the consumer’s financial obligations towards the company
    • Privacy Information → outlines the personal data that the company may collect from you, how it will be used, and any options for the consumer
    • Termination → outlines the circumstances which allow the company to end the relationship
      • Many consumer agreements allow the company to terminate the relationship at any time for any reason
    • Limitations of Liability → limits the amount of exposure a company faces in the event a claim is made by the consumer
      • Governed by applicable law and will not apply if contrary to it
      • Often limits the kind of damages the consumer can seek
      • Common terms found within this section:
        • Indemnification → in the consumer context, indemnity protects companies from harms that they did not cause
          • For example, it may release the company from any liability caused by the consumer or a third party.

• • • • • Statute of limitations → defines the amount of time a consumer has to bring a claim after the harm is suffered
        • Must comply with applicable law
        • Severability → if some of the terms are held to be illegal or otherwise unenforceable, the remainder will still apply
    • Dispute Resolution → outlines the process that either party can take against the other to hold them legally accountable for a harm that has been suffered
      • Most consumer agreements require mandatory arbitration
      • Arbitration is a process in which the parties submit their dispute to a third-party arbitrator and they issue a decision
      • The consumer agreement will often define the mandatory arbitration process, including the rules, governing law, fee structure, and location
      • Agreeing to mandatory arbitration means a consumer waives their right to litigate the case through class action or a jury trial
      • Some consumer agreements have opt-out provisions that allow consumers to pursue claims in court if they notify the company within a certain amount of days after accepting the agreement

Terms and Conditions

WALMART FAMILY MOBILE TERMS AND CONDITIONS

I. Wireless Service

II. Return Policy

III. Limited Warranty

IV. Unlocking Policy

THESE TERMS AND CONDITIONS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 18 BELOW.

BY USING THE SERVICE PROVIDED BY WALMART FAMILY MOBILE YOU AGREE TO RECEIVE COMMUNICATIONS CONCERNING YOUR SERVICE VIA E-MAIL AND/OR THROUGH TEXT MESSAGE. YOU ALSO EXPRESSLY CONSENT TO RECEIVE ADDITIONAL MARKETING OR CUSTOMER SERVICE RELATED COMMUNICATIONS WALMART FAMILY MOBILE MAY SEND ITS CUSTOMERS FROM TIME TO TIME VIA E-MAIL AND/OR THROUGH TEXT MESSAGE. IF YOU WISH TO OPT-OUT FROM RECEIVING ANY OF THESE COMMUNICATIONS PLEASE CONTACT CUSTOMER CARE OR EMAIL US AT PRIVACY@TRACFONE.COM .

I. WIRELESS SERVICE

Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement (“Agreement”) between you and TracFone Wireless, Inc. Walmart Family Mobile is a brand of TracFone Wireless, Inc. d/b/a Walmart Family Mobile and is Powered by T-Mobile.

By purchasing, activating, and/or using a Walmart Family Mobile product (“Product”) or the wireless services provided by Walmart Family Mobile (“Service”), you acknowledge and agree to these Terms and Conditions of Service. Walmart Family Mobile reserves the right to change or modify these Terms and Conditions at any time. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at myfamilymobile.com. Because these Terms and Conditions of Service are subject to change at any time you should always check our website for the most current version of the Terms and Conditions of Service. For assistance or more information, please contact Walmart Family Mobile Customer Care at 1-877-440-9758.

1. ACTIVATING YOUR SERVICE

To use your Service, you must first purchase and activate a Walmart Family Mobile phone (“Phone”) or a SIM Kit (“SIM Kit”) that can be used to activate a compatible Phone that you already own under the Bring Your Own Phone program. To activate your phone you must also purchase and redeem a wireless plan (a “Plan”). For more information about our Plans visit us at www.myfamilymobile.com or see Section 2 below.

You may activate your Service by visiting our website at www.myfamilymobile.com or by calling Customer Care from a phone other than the one you intend to activate. If you have purchased an SIM Kit to activate your own phone, follow the instructions that came with the SIM Kit to activate your Service. When you activate your Service, you will be provided a telephone number unless you elect to transfer or “port-in” a telephone number from another provider. In certain instances, you may not be able to transfer your existing telephone number for reasons outside of our control. Please note that you have no ownership rights to any telephone number, IP address or any other identifier associated with your Service and you acknowledge and agree that we may change any such number, IP address or other identifier associated with your Service at any time without prior notice or liability to you.

When you activate your Service, you will also have the option of registering with us and creating an account (“Account”) by providing your name, address, email address and alternative contact telephone number. If you elect not to register at the time of activation, you may not be able to obtain copies of your call detail records except upon service of a valid subpoena or a court order.

Walmart Family Mobile Service can only be activated where the Service is offered, available and supported. The wireless telecommunications networks used to transmit the voice, text, and data services that support the Service offered by Walmart Family Mobile are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not Walmart Family Mobile. Some Carriers differentiate the wireless service they sell by prioritizing the data traffic of their customers over the data traffic of customers on a non-Carrier brand at times and at locations where there are competing customer demands for network resources. Where the network is lightly loaded, a Walmart Family Mobile customer will notice little, if any, effect from having lower priority. This will be the case in the vast majority of times and locations. At times and at locations where the network is heavily loaded in relation to available capacity, however, a Walmart Family Mobile customer will experience increased latency during a data session, particularly, if the customer is engaged in a data-intensive activity. When network loading goes down or if a customer moves to a location that is less heavily loaded in relation to available capacity, the latency associated with a customer’s data connection will improve.

If you are activating your own compatible phone under the Bring Your Own Phone program, you are responsible for ensuring that your phone is unlocked, compatible with the Service, does not interfere with the Service, and that it complies with all applicable laws, rules ,and regulations. You are also responsible for ensuring that your Phone meets all federal laws and standards. You are further responsible for the purchase and maintenance of any additional hardware and/or software required to use the Service. Not all aspects of the Service are available on all Carrier networks or will function on all phones, including, phones activated under the Bring Your Own Phone program. Some functions and features referenced in the manufacturer’s manual provided with your Phone may not be available when using the Service. Phones capable of only using data service are strictly prohibited and your use of such a Phone with the Service is grounds for immediate termination of your Service without a refund.

We may, at any time and without prior notice to you, modify, cancel, and/or deactivate your Service and/or take other corrective action, for any reason in our sole discretion, including, your violation of these Terms and Conditions of Service. Further, we may remotely change your Phone’s software, applications or programming without notice. This could affect the information stored on your Phone, your Phone’s programming, and how you are able to use your Phone.

All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. All talk and standby times are quoted in digital mode and are approximate.

2. USING YOUR SERVICE

Your Service will operate only after you have purchased and redeemed a Plan and so long as you have service days left on your Plan cycle. All Plans are on a monthly cycle (“Plan Cycle”) and will start the day you redeem your Plan (“Service Start Date”) and end after one (1) month from your Service Start Date (“Account Renewal Date”), unless you purchase and redeem a Plan on the 29th, 30th, or 31st day of any calendar month, in which case your Account Renewal Date will fall on the 1 st day of the second calendar month after the month of your Service Start Date.

All Plans include unlimited nationwide calling and text messaging. Some Plans include a fixed amount of high speed data at 4G speeds depending on which Plan you select. After your high speed data threshold is reached, your data speeds will be reduced to as low as 64 kbps for the remainder of your Plan cycle. Your high speed data allowance will automatically reset each time you start your new Plan cycle, however, none of your unused high speed data will rollover. Once you start a new Plan cycle, you will lose any unused data and service days remaining on your current Plan. You will not receive a refund or credit for any unused data or service days you lose once a new Plan cycle begins.

If your data speeds are reduced, the reduced speeds may impact the functionality of some data applications, such as streaming audio or video or web browsing. 4G/4G LTE networks are not accessible on all devices or in all locations. 4G/4G LTE networks require a capable device and SIM card. Actual availability, coverage, and speeds may vary. Data transmitted over Wi-Fi does not count against your data usage.

If your Service Plan does not come with a fixed amount of data or you ran out of high speed data prior to your Service Start Date you may purchase a data card (“Data Card”). You may add as many Data Cards to your Account as you want, however, a Data Card does not have any days of Service associated with it and it will not extend your Account Renewal Date. A Data Card cannot be used to activate Service on your Phone and will not provide you with data services unless you have purchased and redeemed a Plan. The data provided with a Data Card does not rollover and you will lose any unused data on your Account Renewal Date.

Plans that come with data also come automatically enabled with a feature that optimizes all detectable video streaming to DVD-quality (typically 480p) through the Carrier’s network (“Data Optimizer”). Data Optimizer manages the amount of data used when streaming video on your phone in order to improve your experience by reducing the chances of your video stalling or buffering. You may disable the Data Optimizer feature at any time by contacting Customer Care. Video streaming over a Wi-Fi connection will be delivered at the video’s native resolution.

3. ADDING LINES OF SERVICE

Each Account representing a single line of Service (each, a “Line”) may add up to four (4) additional lines of Service (“Additional Lines”). To add an Additional Line of Service to your Account, you must first purchase and redeem a separate Plan for the Additional Line. Multiple Lines of Service are not allowed to and cannot share Service.

Although you may add more than one Additional Line to your Account, the Account Renewal Date for all Lines within an Account will be the same as the Account Renewal Date of the first Line activated under the Account (“First Line”) regardless of when you purchased and redeem a Plan for any of the Additional Lines.

For each Additional Line of Service you add to your Account, you may receive a discount for that Additional Line (“Add a Line Discount”) starting on your second (2nd) monthly Plan Cycle provided that you have purchased a Plan online, through our toll free number, via Auto Pay, or at a Walmart Money Center that accepts payment for Plans. Discounts are not applicable towards Plans purchased at Walmart Stores in the form of cards. To be eligible for an Add a Line Discount your First Line needs to be active.

Customers who add one or more Additional Lines after their First Line and elect to purchase their next Plan for the Additional Lines by their Account Renewal Date, will receive a prorated discount based on the time each of the Additional Lines were activated. This discount is calculated and applied during the second (2nd) month of your Plan Cycle provided that all Lines associated with the Account are active.

Although the First Line of Service will never be eligible to receive a discount, all of the Additional Lines under an Account will receive the applicable discount provided you continue to purchase the Plans for the Additional Lines prior to your Account Renewal Date by going online, through our toll free number, via Auto Pay, or at a Walmart Money Center that accepts payment for Plans.

If the Service on one or more of your Additional Lines lapses and is deactivated because you failed to purchase and redeem a Plan prior to your Account Renewal Date, you will not be eligible to receive a discount the first time you elect to reactivate the Additional Line. You will be required to pay the full price of a Plan upon reactivation of the Additional Line. Upon reactivating your Additional Line, you will receive a full month of Service which may provide your Additional Line with Service past the Account Renewal Date associated the First Line. After your full month of Service, if you have signed up for Auto Pay or if you are purchasing a Plan at a Walmart Money Center, your Account will be billed a prorated amount and be provided with a prorated amount of Service so that your Additional Line will now have the same Account Renewal Date again as your First Line. All subsequent purchases of Plans for Additional Lines made online, through our toll free number, via Auto Pay, or at a Walmart Money Center that accepts payment for Plans which are made on a timely basis (i.e., prior to your Account Renewal Date) will be eligible to receive a discount.

For the latest Plan offerings, including their price and discounts available for adding Additional Lines please visit our website.

4. AUTO PAY

You may enroll in Auto Pay to automatically purchase your Plan each month prior to the expiration of your Account Renewal Date by registering your credit or debit card or bank account information online at the Walmart Family Mobile website and selecting the Plan you want to purchase on a recurring basis. When you enroll in Auto Pay, a new Plan will be automatically purchased for all of the Lines associated with your Account each month three (3) days prior your Account Renewal Date. You will be automatically charged for the cost of the Plans purchased taking into account any Add a Line Discounts you are eligible to receive. Additional terms and conditions will apply when you sign up for Auto Pay.

5. TERMINATION OF SERVICE

Either party may terminate this Agreement at any time. Termination of this Agreement will result in the immediate termination of your Service which may be reactivated if you elect to do so. Each time you activate your Service you agree that you are consenting to the latest Walmart Family Mobile Terms and Conditions of Service. Any Service which remains unused at the time of termination cannot be refunded or transferred to another person.

We may terminate this Agreement at any time without notice if we cease to provide Service in your area. We may interrupt, suspend, cancel, or terminate your Service without immediate notice to You for any conduct that we believe violates these Terms and Conditions, including, but not limited to, the following:

(i) using or directing abusive, vulgar, derogatory, intimidating, or harassing language or conduct towards a Walmart Family Mobile representative, officer, employee, agent, or authorized retailer;

(ii) using your Service for any unlawful, fraudulent, or illegal purpose;

(iii) using your Service in any way that adversely affects the Service or the Carrier’s network;

(iii) violating any Term or Condition contained in this Agreement.

Any term or provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive, including, any limitation of liability, disclaimer of warranties, dispute resolution procedures, restrictions with respect to the use of a Product or Service and our Limited Warranty, Return Policy, and Privacy Policy.

6. UNAUTHORIZED USE OF THE SERVICE

Your Service (i.e., voice, text, or data services) may only be used for the following purposes: (a) person to person voice calls, (b) text and picture messaging, and (c) web browsing, email, ordinary content downloads and uploads, and video and audio streaming without excessively contributing to network congestion.

Your Service may not be used in connection with certain unauthorized uses that may adversely impact other customers using our Service or the Carrier’s network. Examples of some unauthorized uses include, but are not limited to, the following:

(i) continuous uninterrupted voice calls or otherwise using your voice service to provide monitoring services, data transmission, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing activity, autodialed calls, or robocalls;

(ii) automated text or picture messaging to another mobile device or e-mail address;

(iii) uninterrupted and continuous uploading, downloading, or streaming of audio or video;

(iv) server devices or host computer applications, including, but not limited to, web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (“P2P”) file sharing;

(v) as a substitute or backup for private lines or dedicated data connections;

(vi) any applications that allow your phone to act as an internet access point or Wi-Fi for other devices and computers unless such use is allowed under your Plan.

A customer engaged in any unauthorized use may have their Service suspended and/or terminated in our sole discretion. We reserve the right to interrupt, suspend, cancel, or terminate your Service to protect the Carrier’s network from harm due to any cause including, without limitation, the excessive and/or unauthorized use of the Service. We further reserve the right to limit, deny, or terminate Service to anyone we believe is using their Service in an unauthorized manner or whose usage, in our sole discretion, adversely impacts a Carrier’s network or customer service levels. We will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in our sole discretion, you are placing an abnormally high number of calls, or repeatedly placing calls of unusually long duration, if your voice minute total exceeds 43,200 minutes during a 30-day period, or if your talk, text or data usage is harmful or disruptive to the Carrier’s network or to our customer service levels. If we determine, in our sole discretion, that you are using your Service in violation of these Terms and Conditions or in any other manner that we deem to be unreasonable or excessive, we may interrupt, suspend, cancel, or terminate your Service.

7. TEXT MESSAGING

Walmart Family Mobile does not generally participate in Premium SMS services or campaigns. Premium SMS services usually involve sending a text message to a designated “short code” or attempting to buy SMS services from anyone other than Walmart Family Mobile. Premium SMS campaigns include casting a vote, donating to a charity, expressing your opinion, playing a game, or participating in interactive television programs through the use of a wireless phone.

You should not attempt to participate in Premium SMS services or campaigns other than those authorized by Walmart Family Mobile. Any text message you send to a “short code” not authorized by Walmart Family Mobile will likely not go through. Any charges you may incur as a result of your attempts to participate in Premium SMS services or campaigns not authorized by Walmart Family Mobile are not refundable.

8. INTERNATIONAL LONG DISTANCE SERVICE

Customers who want to add international long distance voice service (“ILD Service”) to a Line may purchase an Extras Pack card which provides international long distance voice services and international roaming (“ILD Card”). Walmart Family Mobile’s ILD Service allows you to place calls to select international locations. To determine if your location is available and the applicable rate for dialing a number associated with that location please check our website. All rates and available locations are subject to change at any time without prior notice. Calls are billed in one-minute increments. Call times for each call are rounded up to the next whole minute. Call charges are rounded up to the next whole penny. You will be charged for calls based upon the rates that are effective as of the date and time you place the call.

The ILD Card also allows you to roam internationally in Canada, Mexico, and the Dominican Republic. For more information about international roaming please see Section 11 below.

An ILD Card must be used with another Plan for it to work. You may add multiple ILD Cards to each Line of Service within your Account. Your ILD Service will only work when your Service is active. An ILD Card does not have any days of Service associated with it and it will not extend your Account Renewal Date. An ILD Card cannot be used to activate Service on your Phone and will not provide you with any service unless you have purchased and redeemed a Plan.

ILD Service is not a substitute for regular international calling services. It will not allow you to place calls to all destinations or to all countries. ILD Service excludes calls to certain high cost wireless and landline, non-geographic and premium numbers. ILD Service is not intended for intrastate dialing in the US, to place calls to area codes 500, 700, 800, 888, 877, 866, 855, 900, 976, 411 or 555, nor to place certain toll-free, operator-assisted, third-party billed, directory assistance or collect calls.

9. DATA SERVICES

Some Walmart Family Mobile Plans also provide data services. Your use of data services (“Data Usage”) occurs whenever your phone is connected to the network and is engaged in any data transmission, including but not limited to, (i) opening or using an internet browser or app in any way, including, but not limited to app installations and updates, (ii) sending, receiving, or downloading any type of content, including, but not limited, emails, documents, pictures, MMS messages or any other content, or (iii) if data access or a data connection is initiated in any other way or for any other purpose.

Some apps, content, programs, and software that you download or that come pre-loaded on your Phone automatically and regularly send and receive data transmissions in order to function properly, without you affirmatively initiating the request and without your knowledge. For example, apps that provide real-time information and location-based applications connect to our network, and send and receive updated information so that it is available to you when you want to access it. We will deduct all Data Usage from the amount of high speed data provided by the Plan you purchased whenever your Phone is engaged in a data connection, including, any type of connection which you affirmatively initiate or those that run automatically in the background without your knowledge whether they are successful or not. The duration of your data connection and the associated Data Usage is not determined from the exact moment you press a button on your Phone. Data Usage may depend on the amount of data or content transmitted during a data connection and the amount of time it takes to send or receive the data or content being transmitted. If you cancel or attempt to cancel a data or content transmission in progress, or if the process is otherwise interrupted through no action on your part, you will still incur Data Usage. Unless you are using Wi-Fi, any Data Usage on your Phone, will count against your data balance.

For content downloads from the internet or an app store, you may incur a charge for the content you download (a “Content Charge”) from the provider of the content you have purchased. Unless Walmart Family Mobile is the provider of such content, You agree that Walmart Family Mobile is not responsible for the purchase, download, transfer, installation, use, transmission failure, interruption, or delay, or any web content, app store, or a app you access or purchase. Any support questions related to third-party downloads, including, but not limited to web content and apps should be directed to the third-party provider and not Walmart Family Mobile. When you use, download, or install web content and/or apps provided or sold by a third-party, you may be subject to separate terms and conditions, terms of use, privacy policies and other policies of the third-party. You agree that Walmart Family Mobile is not responsible nor liable to you for any third-party content, advertisements, websites, app stores, or apps you may download or access using your phone.

If you visit or use any third-party website, app store, or app, the third party may access, collect, use or disclose your personal information or require that the network carrier disclose your personal information, including, your location information (if applicable). If you access or use any third-party apps while using Walmart Family Mobile’s Data Services, you agree and authorize Walmart Family Mobile and the network Carrier to provide information related to such use. You understand that your use of a third-party app is subject to the third party’s terms and conditions and policies, including its privacy policy. You should refer to the third-party’s privacy policy for information regarding the use of information collected when you download, install, or use web content or applications from that third party.

Not all of the online content which is accessible to one using Walmart Family Mobile Data Services is intended for children. In the event that you, as a legal guardian allow your child to use Walmart Family Mobile’s Data Services, you acknowledge that your child has the permission to use the Data Services including, without limitation, email and web browsing capabilities. You further acknowledge that as a legal guardian, it is your responsibility to determine whether using Data Services is appropriate for your child. If you browse the internet using Data Services, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites.

Availability, Interruptions, and Discontinuation to Data Services . Walmart Family Mobile does not guarantee the availability of Data Services and reserves the right to modify, suspend, cancel, interrupt, discontinue, terminate or reduce your data throughput speed without notice. Walmart Family Mobile is not responsible and will not be liable for any modifications, interruptions or discontinuation of the Data Services or for any failure to receive content you purchased using Data Services. If your Data Services are modified, suspended, canceled, interrupted, discontinued or terminated, Walmart Family Mobile will not provide you with a refund for any remaining used or unused Data Services.

De-Prioritization. Walmart Family Mobile customers are de-prioritized as compared to T-Mobile customers, and if more than 40GB of data is used, Walmart Family Mobile customers will be further de-prioritized. Customers may not notice any reduction in speed if they are de-prioritized. However, during times of congestion, meaning when the network is experiencing high traffic volume, de-prioritization may result in slower data speeds. Once the high traffic volume is reduced, the data speed will be resumed at your normal speeds.

10. COVERAGE MAPS

Our website contains a coverage map depicting the geographical areas where our Service is available. These maps are for general informational purposes only and depict the general coverage area of Walmart Family Mobile. Walmart Family Mobile does not guarantee coverage or Service availability and the coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability and may include locations with limited or no coverage. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower data speeds or no data connectivity and call interference. This could occur due to many factors including your phone features, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your proximity to buildings, foliage and other obstructions, weather and other conditions. You will not be able to operate your phone or make 911 calls if Service is not available on your Phone. Some features on your Phone may not operate when roaming on the network of a network roaming partner. If you travel outside of your coverage area, your Phone will not work. The coverage depicted on the Walmart Family Mobile’s coverage maps is based on the information provided by other carriers and public sources and we cannot guarantee their accuracy. Coverage maps for your network may also vary based on your home location so please refer to our website for the most up-to-date coverage map applicable to your device and geographic area. Your coverage may also vary based upon the Walmart Family Mobile plan you select. Walmart Family Mobile is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.

11. ROAMING

Domestic Roaming . It is possible that under certain circumstances your phone may roam if you are outside of your network coverage area and within the United States. Roaming occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Although there are no additional charges for making or receiving calls while roaming domestically, Walmart Family Mobile does not guarantee your ability to roam nor the availability and/or quality of services. Domestic roaming may be discontinued or changed at any time without notice. Use of Data Services while roaming is strictly prohibited while roaming domestically. Please be advised that due to Carrier restrictions, Walmart Family Mobile reserves the right to terminate the Service of any Walmart Family Mobile customer whose roaming usage exceeds 50% of their total usage in any three (3) Plan cycles within a 12 month period.

International Roaming . International roaming is not offered by Walmart Family Mobile and is strictly prohibited unless you have purchased an ILD Card which allows for international roaming in select locations. Check our website for more information about which locations allow for international roaming with the purchase of an ILD Card. Subject to the foregoing exception, if you are traveling outside of the United States or Puerto Rico you will not be able to make or receive calls using your Service. Any attempt to place or receive a call using your Service while traveling outside of the United States could result in service deactivation and account termination without a refund for unused service.

12. WI-FI CALLING

Wi-Fi Calling may be available only on phones that are Wi-Fi Calling capable and that have a Wi-Fi Calling enabled SIM card (depending on the Carrier). Wi-Fi Calling provides you the ability to make and receive phone calls and text messages over a Wi-Fi connection. Wi-Fi Calling enhances your coverage in buildings and other locations. If you use a Wi-Fi network for making or receiving calls and text messages or for any other reason, you acknowledge and agree that your use of such Wi-Fi network is permissible and that you are solely responsible for such use. Using your Wi-Fi Calling feature may provide you with access to an unsecured Wi-Fi network which could impact your data security. You can disable Wi-Fi Calling by toggling it off in your device settings menu.

Although we recommend that you use your wireless service as your primary method of contacting 911, you may be able to use Wi-Fi Calling for dialing 911 if your phone is equipped with this feature and you have access to the internet through your phone’s W-Fi connection. To dial 911 using Wi-Fi Calling, you must provide us with an address for your primary use of Wi-Fi (“Primary Address”) at the time of activation. If the location at which you primarily use Wi-Fi changes, either temporarily or permanently, you must register the new address online at e911-reg.tracfone.com or by contacting Customer Care at 1-877-440-9758. It may take 24 hours or more to update your address information. If you do not give us your Primary Address, we will block your ability to use Wi-Fi calling. When you use Wi-Fi Calling to dial 911 and you are away from your Primary Address, we will have no information about your location. As such, always be prepared to report your precise location to emergency responders.

Please be aware that dialing 911 via Wi-Fi Calling requires access to the internet and operates differently than traditional 911 calling services. For example, 911 service via Wi-Fi Calling may be limited or not available due to various circumstances, including, relocation of equipment, loss or disruption of power, internet or wireless service, internet congestion or a connection failure, delays in availability of registered location information, and/or other technical problems.

TTY Limitations for 911 Calls : Due to technical limitations, Wi-Fi Calling cannot be used with TTY devices and will not support 911 calls over TTY devices. Persons with communications disabilities can still reach 911 services by either (1) calling 911 directly using a TTY over the cellular network or from a landline telephone, (2) sending a text message to 911 directly (in areas where text-to-911 is available) from a wireless device, (3) using relay services to place a TTY or captioned telephone service (CTS) call from a wireless phone over the cellular network or from a landline telephone, or (4) using relay services to place a IP Relay or IP CTS call over a cellular data or other IP network.

13. EMERGENCY CALLS

If you are in an area where your Service is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Service in an emergency situation. In an emergency, locate the nearest landline phone and call for help.

14. DISCLAIMER OF WARRANTIES

WALMART FAMILY MOBILE PRODUCTS AND SERVICE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS AND BY USING ANY PRODUCT OR SERVICE YOU AGREE THAT TRACFONE WIRELESS, INC. D/B/A WALMART FAMILY MOBILE WILL HAVE NO LIABILITY EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT FOR ANY FAILURE, DEFECTS, MALFUNCTIONS, OR ERRORS IN THE PRODUCTS OR SERVICE. EXCEPT AS SET FORTH IN SECTION III (LIMITED WARRANTY), WALMART FAMILY MOBILE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING TITLE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE IN RELATION TO ANY PRODUCT OR SERVICE.

You acknowledge and agree that use of any Walmart Family Mobile Product or Service is at your sole risk and that your Service may be unavailable, interrupted, delayed or limited for a variety of reasons outside of Walmart Family Mobile’s control. Not all Products or Services (including Plans) are available for purchase or use in all sales channels, in all areas or with all devices. 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, suspended, 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. Walmart Family Mobile does not warrant or guarantee the availability of network Services or of any other services at any specific time or in any specific geographic location or that Services will be provided without interruption. Neither Walmart Family Mobile, nor any Carrier, shall have any liability for Service failures, outages, interruptions, delays, or limitations of Service. Because of the risk of being struck by lightning, you should not use your phone outside during a lightning storm. You should also unplug the phone’s power cord and charger to avoid electrical shock and/or fire during a lightning storm. Certain phone features may not be available with the Service or their functionality may be limited. All aspects of the Service, including, Plan rates, offerings, features, functionality and other product specifications are subject to change without notice or obligation. At any time, Walmart Family Mobile reserves the right to substitute and/or replace any Product or Service with another Product or Service of comparable quality.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL TRACFONE WIRELESS, INC. D/B/A WALMART FAMILY MOBILE OR ITS EMPLOYEES, VENDORS, SUPPLIERS, OR LICENSORS WILL BE LIABLE TO YOU OR OTHER USERS OF YOUR WALMART FAMILY MOBILE PRODUCT OR SERVICE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR ENHANCED DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY DAMAGES CLAIMED FOR LOSS OF PROFITS, REVENUE, INCOME, SALES, BUSINESS, GOODWILL, DATA OR INFORMATION) HOWEVER CAUSED, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (REGARDLESS OF WHETHER NOTICE THAT SUCH LOSS MAY OCCUR WAS PROVIDED) . WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, WALMART FAMILY MOBILE, ITS EMPLOYEES, VENDORS, AND LICENSORS LIABILITY SHALL BE LIMITED TO U.S. $50.

You agree that neither we nor our employees, vendors, suppliers, or licensors are responsible for any damages you may suffer or incur resulting from: (a) any Product or Service provided to you by or manufactured by a third party; (b) any act or omission by another party; (c) providing or failing to provide Services, including, but not limited to, deficiencies or problems with a Phone or Service coverage (for example, dropped, blocked, interrupted Service, etc.); (d) accidents or any health-related claims arising from or related to our Products or Service; (e) content or information accessed on your Phone while using our Products or Service; (f) an interruption or failure in accessing or attempting to access emergency services from a phone, including through 911, enhanced 911 or otherwise; (g) interrupted, failed, or inaccurate location information services, (h) content or information that is blocked by a spam filter, (i) damage to your phone or any computer or equipment connected to your phone, or damage to or loss of any information stored on your Phone, computer or equipment from your use of the Services or from viruses, worms, or downloads of malicious content, materials, data, text, images, video or audio; or (j) things beyond our control, including acts of God (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism or government orders or acts. You should implement appropriate safeguards to secure your phone, computer or equipment and to back-up your information stored on each.

16. UNAUTHORIZED USE OF PRODUCTS

Walmart Family Mobile Products and Service are sold exclusively for use by you, the end consumer. The unauthorized use or resale of your Walmart Family Mobile Phone constitutes a violation of your agreement with Walmart Family Mobile and will invalidate the Limited Warranty associated with your Phone. You agree not to unlock, root, re-flash, jailbreak, tamper with or alter the build state of your Walmart Family Mobile phone in a manner which conflicts with Walmart Family Mobile’s Unlocking Policy referenced in Section IV below. You also agree not to use unauthorized PINs with your Phone or engage in any other unauthorized or illegal use of your Walmart Family Mobile Phone or the Service, or assist others in such acts, or to sell and/or export Walmart Family Mobile Phones outside of the United States. Any attempt to unlock your Walmart Family Mobile Phone in an unauthorized manner or to root, re-flash, jailbreak, tamper with or alter the build state of your Walmart Family Mobile Phone may result in the inability to unlock your device, maintain your device’s unlocked state, or otherwise cause your device to malfunction. Such use along with any other unauthorized use of your Walmart Family Mobile Phone may result in the immediate suspension or termination of your Walmart Family Mobile Service without notice and legal action. Walmart Family Mobile will strictly enforce its rights under this provision and will prosecute violators to the full extent of the law. You agree that any violation of this provision through your improper, illegal, or unauthorized use or sale of your Walmart Family Mobile Phone shall entitle Walmart Family Mobile to recover liquidated damages from you in the amount of not less than $5,000 per Walmart Family Mobile Phone purchased, sold, acquired, or used in violation of this provision. For more information about the unauthorized use of Walmart Family Mobile Phones refer to www.stopcellphonetrafficking.com .

If your Walmart Family Mobile Phone has a SIM card or if you have purchased an SIM Kit, then you agree to safeguard your SIM card and not to allow any unauthorized person to use your SIM card. You agree not to, directly or indirectly, alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of your SIM card or to allow any other person to do so. Any violation of the restrictions on the use of your SIM card that are contained in this Section may result in the immediate termination of your Service without notice. Walmart Family Mobile and its Carriers or other service providers, may, from time to time, remotely update or change the encoded information on your SIM card.

In the event of termination for any other unauthorized usage, you will forfeit unused Service and you will not be entitled to receive a refund for your Product or for any unused Service.

17. INDEMNIFICATION

You agree to indemnify and hold harmless TracFone Wireless, Inc., d/b/a Walmart Family Mobile and its parent, subsidiaries, affiliates, vendors, suppliers, and licensors and their former, current and future officers, directors, employees, insurers, contractors, successors and assigns from any and all liabilities, penalties, claims, causes of action, and demands brought by a third party including the costs, expenses, and attorneys’ fees on account thereof arising from or related to your use of a Walmart Family Mobile Product or Service, whether based in contract or tort (including strict liability) and regardless of the form of action.

18. DISPUTE RESOLUTION

Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care at 1-877-440-9758. Before taking any formal action, you agree to first contact us and provide a description of your dispute, all relevant documents, and your proposed resolution. If we are unable to resolve your dispute within 30 days of your notice to us, you agree to submit your dispute to binding arbitration or small claims court as set forth in this provision. Please forward your dispute to TracFone Wireless, Inc., Attn: Legal Department-Consumer Claims, 9700 N.W. 112th Avenue, Miami, Florida 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) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT 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 THIS AGREEMENT. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND TRACFONE FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.

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 or equitable theory). 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 Legal Department, as set out 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, the “AAA Rules”), as modified by this Agreement. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Tracfone’s Legal Department as set out above. 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. Additionally, for claims of $10,000 or less, you can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.

You and Tracffone agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and Tracfone 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.

Absent a finding that your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), Tracfone will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this Agreement. If, however, the arbitrator does deem that your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between you and Tracfone in accordance with AAA Rules. Additionally, Tracfone hereby waives any right to seek its attorney’s fees from you in the event that it prevails in the arbitration, except where your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to you, the customer, where the law would so provide. If you initiate an arbitration in which you seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules.

If Tracfone made you a settlement offer that you rejected prior to entering arbitration and the arbitrator ultimately finds in your favor in any respect with an award that is greater than the last written offer made to you by Tracfone, Tracfone will pay you the amount of the award or a minimum of $5,000, whichever is greater. Additionally, Tracfone will pay your attorney twice the reasonable expense of attorney’s fees as well as reimbursing any expenses that your attorney reasonably incurs for investigating, preparing, and pursuing your claim. If Tracfone opted not to make you a written settlement offer, these same terms apply, meaning that you are guaranteed a minimum award of $5,000 if the arbitrator finds in your favor and that Tracfone will reimburse your reasonable attorney’s fees twofold. The arbitrator will be the arbiter of what constitutes reasonable fees, and you and Tracfone agree that the arbitrator may make any rulings as to the payment and reimbursement of fees and expenses for an additional 14 days after the arbitrator’s ruling on the merits.

Unless you and Tracfone agree otherwise and in an effort to reduce the burden of arbitration on You, the location of any arbitration shall be in the county of your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Miami, Florida, unless you and Tracfone agree otherwise. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State in which you reside.

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 and Tracfone waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) your right to serve in a representative capacity in any class or consolidated basis. 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 of competent jurisdiction.

In the event that any claim proceeds in a court of law rather than through arbitration, you and Tracfone agree that there will not be a jury trial. You and Tracfone unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement in any way. You and Tracfone further agree that in the event of litigation, this section of the Agreement may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury.

YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF THE ACTIVATION OF YOUR SERVICE. IN THE EVENT YOU ACTIVATE SERVICE WITH TRACFONE AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OUT OF THIS PROVISION BY CALLING US AT 1-877-440-9758 OR BY WRITING TO TRACFONE WIRELESS, INC., ATTN: LEGAL DEPARMENT-CONSUMER CLAIMS, 9700 NW 112 AVENUE, MIAMI, FL 33178. ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION.

19. PRIVACY POLICY

To view our Privacy Policy, please visit our website at www.myfamilymobile.com.

20. CHOICE OF LAW

This Agreement shall be construed under the laws of the State in which you reside without regard to its choice of law rules, except for the arbitration provision contained herein, which will be governed by the Federal Arbitration Act. If you reside outside of the United States, then this Agreement will be governed by the laws of the state of Florida.

21. ENTIRE AGREEMENT

This Agreement, the Privacy Policy, the Return Policy, the Limited Warranty, the Unlocking Policy, and any additional terms and conditions (to the extent applicable) constitute the entire Agreement between You and TracFone Wireless, Inc. with respect to any Walmart Family Mobile Product and/or Service. The failure of either party to enforce any of the terms set forth herein shall not be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or subsequent breach of a term. In the event any provision contained in this Agreement is deemed unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

II. RETURN POLICY

To see the return policy (“Return Policy”) applicable for your Phone, please refer to the section below based on how you made your purchase. Walmart Family Mobile does not allow returns or provide refunds for any SIM Starter Kits or Plans you may have purchased.

Purchases made at a Walmart Store . If you purchased a Walmart Family Mobile Phone from a Walmart store (and not from Tracffone directly either by phone or online), your Phone purchase is subject to Walmart store’s return policy. To determine whether your purchase is eligible for return, please contact the store where you originally made your purchase. Tracfone will not process the return of any Walmart Family Mobile Phone sold to you by Walmart.

Online Purchases made on Walmart.com . If you purchased your Walmart Family Phone from walmart.com, you have thirty (30) days from the date your phone was delivered to you to return it to us for either an exchange or a refund. To process a return, you must follow the return instructions that came with your Phone and pay for the shipping cost to send it back to us.

To be eligible for a return you must meet the following requirements:

· The Phone you are returning must have been purchased from Walmart Family Mobile’s official website and the IMEI number must be verified.

· You must return the Phone in like new, working condition, returned in the original manufacturer’s packaging with all included accessories, including, device, battery, charger, and manual. The Phone must not have any liquid or physical damage.

· You must pay for the cost to ship the Phone back to us and include a copy of your receipt.

If anything is missing or the Phone is not in like-new condition, your shipment may not be accepted. If a Phone has physical or liquid damage it cannot be returned and a credit will not be issued. Walmart Family Mobile will return ineligible devices to you at the same address shown on the shipping label. No restocking, handling, or shipping fees will be charged to you for this device return.

If your return meets the above requirements and you have requested an exchange for a Phone that costs more, you will have to pay the difference in price between the Phone you are returning and the new Phone you are seeking to purchase. If your return meets the above requirements and you have requested a refund, please be advised that it takes up to thirty (30) business days to process the return and credit your account. Credit for returned Phones will appear on your credit card statement between 1-2 billing cycles. Your credit for a returned Phone will not include any shipping or delivery costs you were charged or incurred for purchasing or returning the Phone.

III. LIMITED WARRANTY

All new Walmart Family Mobile Phones (except iPhones) are covered by a one (1) year limited warranty administered by Tracfone as set forth below.

All reconditioned or refurbished phones sold by Walmart Family Mobile (except iPhones) have a ninety (90) day limited warranty as do all wireless accessories sold by Walmart Family Mobile.

New Apple iPhones are covered by a one-year limited warranty offered and administered by Apple. Please visit apple.com for more information.

To the extent available for purchase, refurbished iPhones and certified pre-owned Phones are not covered by a limited warranty but may be returned for a refund within 30 days of purchase.

A Phone that you own which was not purchased from Walmart Family Mobile but that is registered with Walmart Family Mobile under the Bring Your Own Phone program is not covered by this limited warranty.

How To Obtain Warranty Service . To obtain warranty service for your Walmart Family Mobile Phone, please contact Customer Care at 1-877-440-9758. If your problem cannot be resolved over the phone, our technicians will provide you with a Return Authorization Number, which you will use to send your Phone and/or accessories (“Product”) to the designated Service Center for repair or replacement, at our option.

Terms of Limited Warranty :

1. The limited warranty for any applicable Product begins on the date of your purchase and is only applicable for defects in material and workmanship that result in Product failure during normal usage.

2. The limited warranty extends only to the original purchaser (“Purchaser”) of the Product and is not assignable or transferable to any subsequent purchaser. The limited warranty extends only to Purchasers who purchase the Product in its original packaging from an authorized dealer or retailer. Upon request from Walmart Family Mobile, the Purchaser must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.

3. During the limited warranty period, Walmart Family Mobile will replace or repair, at Walmart Family Mobile’s sole option, any defective Products or parts (except as excluded below) with new or refurbished Products or parts if such replacement or repair is needed because of Product malfunction or failure during normal usage. Walmart Family Mobile may, in its sole discretion, replace the Product with a different but comparable Product if the same exact Product is not available. The replacement Product may consist of refurbished equipment that contains used components, some of which have been reprocessed. All used components shall comply with Product performance and reliability specifications.

4. The limited warranty does not cover loss of personal information, passwords, contacts, music, ringtones, pictures, videos, applications or other content, memory cards, software, defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. Walmart Family Mobile’s limit of liability under this limited warranty is the actual cash value of the Product at the time the Purchaser returns the Product to Walmart Family Mobile for repair, determined by the price paid by the Purchaser for the Product less a reasonable amount for usage. Walmart Family Mobile shall not be liable for any other losses or damages. These remedies are the Purchaser’s exclusive remedies for breach of warranty.

5. The Purchaser shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:

(a) The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Walmart Family Mobile, including damage caused by shipping.

(b) The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by computer or internet viruses, bugs, worms, Trojan Horses, cancelbots or damage caused by the connection to other products not recommended for interconnection by Walmart Family Mobile.

(c) Walmart Family Mobile was not advised in writing of the alleged defect or malfunction of the Product within fourteen (14) days after the expiration of the applicable limited warranty period.

(d) The Product serial number plate or the enhancement data code has been removed, defaced or altered.

(e) The defect or damage was caused by the defective function of the cellular system or by inadequate signal reception by the external antenna, or viruses or other software problems introduced into the Product.

(f) The Product is outside of the limited warranty period.

6. Walmart Family Mobile shall not be liable for delay in rendering service under the limited warranty, loss of use of the service 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 and other content.

7. Walmart Family Mobile 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.

8. This is the entire warranty between Walmart Family Mobile and the Purchaser, 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.

9. This limited warranty allocates the risk of failure of the Product between the Purchaser and Walmart Family Mobile. The allocation is recognized by the Purchaser and is reflected in the purchase price. 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 Purchaser). This limited warranty gives the Purchaser specific legal rights and the Purchaser may also have other rights which vary from state to state.

IV. UNLOCKING POLICY

For Customers with Walmart Family Mobile Phones Capable of Being Unlocked : Walmart Family Mobile will provide an unlocking code to customers who request unlocking, provided they meet the following conditions:

(a) Customers must request phone unlocking. Walmart Family Mobile will unlock phones of current and former Walmart Family Mobile customers without charge. Non-former customers may request phone unlocking, but Walmart Family Mobile may charge a reasonable fee.

(b) The Walmart Family Mobile Phone must have been activated on Walmart Family Mobile Service for no fewer than 12 months with Rate Plans redeemed in no fewer than 12 months.

(c) Customers must possess a Walmart Family Mobile Phone that has not been reported stolen, lost, or associated with fraudulent activity.

(d) If a customer in good standing requesting unlocking of their phone is deployed as military personnel, upon provision of deployment papers, Walmart Family Mobile will honor that customer’s unlocking request.

For Customers with Walmart Family Mobile Phones Not Capable of Being Unlocked : Walmart Family Mobile will provide customers with a partial refund or credit against the purchase of a new phone if they meet the following conditions:

(a) Customers must request phone unlocking.

(b) Customers must have had their locked Phone activated on Walmart Family Mobile Service for no fewer than 12 months and not have had their telephone number recycled or ported.

(c) Customers must request this interim unlocking solution while their Service is active or within 60 days after their Service expires. This 60-day grace period applies even if the customer’s telephone number was recycled or ported.

(d) Customers must possess a Walmart Family Mobile Phone that is in working condition.

(e) Customers must possess a Walmart Family Mobile Phone that is not reported stolen, lost, or associated with fraudulent activity.

(f) If a customer in good standing requesting handset unlocking is deployed as military personnel, upon provision of deployment papers, Walmart Family Mobile Phone will honor that customer’s unlocking request by sending a refund for the trade-in value of the used, locked phone returned by the customer without regard to the 12 months of service eligibility requirement set forth above.

(g) Customers are eligible for this program only once every twelve (12) months.

After an eligible customer contacts Walmart Family Mobile to request a partial refund of his or her unlockable Phone, Walmart Family Mobile will provide a prepaid mailer for the customer to return the Phone. Upon receipt of the Phone, Walmart Family Mobile will send the customer a check using a predetermined formula reached through agreement between Tracfone and the FCC. Eligible customers may elect to have the trade-in value of their phone applied to the cost of a new Walmart Family Mobile phone that is capable of being unlocked.

Customers who would like to check if they are eligible or submit an unlocking request can do so by calling Customer Care at 1-877-760-8760.

Walmart Family Mobile may refuse any unlocking request that would result in an abuse of its unlocking policy at set forth in this Section or is part of an effort to defraud Walmart Family Mobile or its customers. Walmart Family Mobile’s unlocking policy is subject to change at any time without advance notice.